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Minutes for the Board of Zoning Meeting of Thursday, October 12 , 2023 Chair Weidt called the meeting to order at 6:30 pm. PRESENT: Arcand, Petty, Weidt. ABSENT: None. STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Approval of Minutes for the BOZA Meeting of August 24, 2023 Board Member Arcand made a motion, seconded by Chair Weidt to approve minutes for the meeting of August 24, 2023. Ayes: Arcand, Weidt. Nay: None. Abstain: Petty. Motion carried. Public Hearing: Hunter and Brayanna Smith, 12033 Everton Avenue North – Variance request to allow for an accessory building within the rear yard setback Associate Planner Gort provided a background on the request submitted by Hunter and Brayanna Smith for their property located at 12033 Everton Avenue North . The request was to allow for a 1,200 square foot accessory building to have setback of 10 feet from the rear property line, where 30 feet is required by ordinance. The property is bordered to the east by a 60-foot wide city-owned right of way. The applicant has a portion of fence and a concrete slab that are located within the right of way, and the eventual removal of this fence and slab are a condition of approval for the variance. The request has practical difficulties in meeting the ordinance standards. The request is a reasonable use because accessory buildings up to 1,500 square feet are allowed in the R-1 zoning district, the proposal meets all other ordinance requirements, and existing trees provide adequate screening from the view of the road. The property is unique due to the right of way bordering the east and west, the location of the house towards the rear of the property, and the steep sloping terrain preventing placement elsewhere. The variance will not alter the character of the area since accessory buildings are common in the R-1 zoning district, and the City-owned property immediately adjacent is vacant. The spirit and intent o f a required minimum rear yard setback is to allow space between buildings and property lines, and staff is of the opinion that the proposal will allow for an adequate amount of space. Staff found that the request met the necessary requirements to approve a variance, and recommended approval of the variance request to the Planning Commission. Board Member Arcand asked about the history of the City right of way to the east of the property. Community Development Director Juba stated that the right of way behind the house was part of an