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' would be included in the three season room. 1VTr. Dutton advised that the lower circialar deck would not be incorporated ixato the construction of the room. J. Maloney moved to grant Carol Mahon of 24835 Tara Lyn Drive her request for variance (1123.12), which consists of a 3 season room and that the following variance is granted as affiended: 1. A 12-foot rear yard variance for a residence to close 4o rear properly line, (code requires 50', applicant shows 38'), the room is to be 12' g25' and will not include the lower circuiar dleck section. Which as in vioiataon of Ord. 90-125 secfion (1135.08 (A)). J. Burke seconded the motion, which was unanimou5ly approved. 5. Prudence Packer; 27107 BellLvae Drive: CVRD #3) Request fmr variance (1123.12). 'fhe proposal consists of a new hmuse. The following variances are requested: 1. A 29 foot variance for rear yard setback, (code requires 50 ft, applicant shows 21 ft), section (1135.08 (A)). 2. A 25 foot variance for front yazd setback, (code requires 50 ft, applicant shows 25 ft), section (1135.06 (A)). 3. A 49 square foot variance for a minimum livable first flooP area, (cade requires 900 sq ft, applicant shows 851 sq ft), section (1135.03 (A)). Which is in violation of Ord. 90-125 sections (1135.08 (A)), (1135.06 (A)) and (1135.03 (A)). Note: Existing lot appears to be legal non-conforming iot. Existing depth of lot is 70 ft. (1135.05 (A3)), requires 135 feet minimum. Also lot area is 11,270 square feet, (I135.05 (A)), requires 13,200 squaze feet. Ms. Packer the Owner, Mr. Kucia, the Contracted Builder, Mr. Bauer the Deveioper of the Subdivision and the following neighbors: Mr. Pulice, Ms. Letwin, 1VIr. Taylor, Mr. Poltorek, Mr. Hadzima, Mr. Pat#erson, 1VIr. & Ms. Iviodenbach, Ms. 1Veitenbach, Mr. Neff, Mr. ilanyo, Hailey Vanyo, Ms. Steps, Ms. Reitz, and Ms. Rohr, each came forwazd to be swom in and address the request. IVdr. O'Malley cautioned the applicant that althogagh she could represent herself and call wiinesses including her contractor, she could and should have an attorney represent her which is always recommended. However, the building contractor could not represent her in the since of practicing law. Ms. Packer asked her wiffiess Mr. Kucia to address her request. Mr. Kucia the contractor reviewed that the ourner requires a 29' front, 25' rear yazd variance and a 49' variance for the aninimuxn livable first floor area of a home. The lot is zoneci A residential however it abuts a B residential distaict and is aiad has atways been a non-conforming Iat. A map was passed out to each board member. Mr. Burke questioned if Mr. Kucia had any lknowledge of past variance requests previously sought. Mr. Kucia advised he had no prior knowledge of past requests. Mr. Bauer advised that he was the developer of the area and at one time a variance was sought aaid turned down. However he was not sure why it was denied as he was not present at the meeting. He advised that the lot is preexisting a.nd tIiey do not require side yard variances as both side yards would be 50- foot To the rear of the lot (sotath) the new home would not obstruct the view of anything as the area it wooded bacicyazds. Mr. Kucia advised that there would be a natura120-foot landscage area wluch would be undeveloped and maaatai,ned along both side yards for added buffering. Mr. O''1VIaIley suggested the contractor post the engineering rnap submit#ed for the abutting neighbors to view. Mr. Buxke asked if Ms. Facker was avvare of the zoning codes and the fact tliat the land was non- conforming when she purchased the lot. Ms. Packer acknowledged that she was aware of the zoning codes when she purchased the lot. Ndr. Taylor expressed that he vvas in opposi#ion to the hoffie beirig built as it would change the look and feel of the entire neighborhood. He suggested the reason for purchasing his home was due to the