HomeMy WebLinkAbout36000990322000_Variances_07-07-2011Variances
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iillilli1095797DOC# 1095797
'’095797MINN/ESOTA Fee: $46 00
Certified Filed, and/or Reco.'-ded
August 08, 2011 3:15 PM
Wendy L. Metcalf, Recorder
■Returned To:
land ^ RESOURCE
Weil Certificate f ] Rec g
3y: LL
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
received
JUN 10 2011
land & RESOURCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
VM-O/)Application Fee
Receipt Number/4^^^^
Accepted By / Date
COMPLETE THIS APPLICATION IN BLACK INK
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RANGE 0'3>^i TOWNSHIP NAME Aleu Jw
PROPERTY OWNER DAYTIME PHONE
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LEGAL DESCRIPTION
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TYPE OF VARIAI^E REQUESTED (Please Check)
^ structure SizeStructure Setback Sewage System Subdivision Ciuster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATIO
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n UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
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I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
SCANNED
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7____e>?0 / j TimeDate Of Hearing
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Motion
Gene Stephens - Application approved as requested. (8:55 p.m.)
July 7, 2011 meeting - The audience was polled with Greg Anderson expressing an interest in the outcome of this public hearing as the outcome might have an
impact on the future development of the property he represents. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee
and unanimously carried, to table with the verbal agreement of the applicant this public hearing until the next meeting of the Board of Adjustment, which will
provide the applicant with adequate time to obtain a written report from Bill Kalar, Land and Resource Director, regarding his on-site meeting with Mr. Stephens
and with his recommendations. It was noted that the applicant’s property is a recent plat, which when developed should have identified a buildable site for each loi
within the plat. The members of the Board are interested in knowing where that site is and why that site is not suitable at this time before continuing with this
varianceJiearing. August 4, 2011 meeting - A letter from Bill Kalar, Land and Resource Department Administrator, was provided and read for the record. After,
consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried, to approve a variance of 25' from the northeast
side of^th'e proposed structure as described in the variance application dated June 8, 2011 and as depicted on the drawing submitted with the application noting
that the applicant's requestjs-e^istent with Mr. Kalar’s comments and noting terrain features at the 200' setback area which present practical difficulties for
development which capJ5€|iifKinated by the granting of this vari;
t)tter Tail Count^TBoai’d of Adjusfffientain
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August s, 2011
Page # 5
Gene Stephens - Application approved as requested. (8:55 p.m.)
Gene Stephens, Lot 1 Block 3 and Lot 1 Block 4 Koep's Subdivision, Spitzer Lake in Leaf Mountain Township,
requested the following: I am requesting a variance of 25’ from the northeast side of my proposed structure. The 200’
setback from the north is fine. The 200’ setback from the southeast side of the proposed structure is also fine. This
slight variance adjustment would not only allow for a lot less grade and fill but also would eliminate a potential water
problem, since the original approved buildable area is located in the (ravine-like) lowest area. Please note: the gravel
road (Spitzer Lake Road) divides the 175’ setback on northeast side which should not be an environmental problem.
July 7, 2011 meeting - The audience was polled with Greg Anderson expressing an interest in the outcome of this
public hearing as the outcome might have an impact on the future development of the property he represents. After
consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to
table with the verbal agreement of the applicant this public hearing until the next meeting of the Board of Adjustment,
which will provide the applicant with adequate time to obtain a written report from Bill Kalar, Land and Resource
Director, regarding his on-site meeting with Mr. Stephens and with his recommendations. It was noted that the
applicant’s property is a recent plat, which when developed should have identified a buildable site for each lot within
the plat. The members of the Board are interested in knowing where that site is and why that site is not suitable at
this time before continuing with this variance hearing. August 4, 2011 meeting - A letter from Bill Kalar, Land and
Resource Department Administrator, was provided and read for the record. After consideration and discussion,
Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried, to approve a variance of 25’ from
the northeast side of the proposed structure as described in the variance application dated June 8, 2011 and as
depicted on the drawing submitted with the application noting that the applicant’s request is consistent with Mr. Kalar’s
comments and noting terrain features at the 200’ setback area which present practical difficulties for development
which can be eliminated by the granting of this variance request.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:00 p.m.
Prepared by:
Wayne Stem, Secret^
The minutes were mailed on Friday, August 5, 2011 to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting.
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services center - 540 west Fir
Fergus Falls, MN 56537
PH: 218-998-8095
OTTER Tail County’s Website: www.co.otter-tail.mn,us
July 22. 2011
Otter Tail County Board of Adjustment
Randy Mann, Chairman
Government Services Center
Fergus Falls, MN 56537
RE: Gene Stephens June 13, 2011 Variance Application, Spitzer Lake (56-160)
Dear Board Members:
As Mr. Stephens indicated during your July 7, 2011 Meeting, I did meet with him on his property on
April 25, 2011. The purpose of this onsite meeting was to determine the required 200’ lake
setback and to discuss building options.
Since this is the case, I would offer the following for your consideration of Mr. Stephen’s Variance
request.
Mr. Stephen’s property (Lot 1 Block 3 and Lot 1 Block 4, Koep’s Subdivison) was created
on May 6, 2003 by the Otter Tail County Board of Commissioners.
1.
2.This property is somewhat unique in that it is boarded by Spitzer Lake on 3 sides.
3.This property does contain a “buildable area” in which a structure compliant with the 200’
lake setback from all 3 sides could be met.
4.This technically “buildable area” contains a significant ravine which makes the placement of
a structure somewhat impractical.
5.A more suitable building location could be obtained by constructing a structure as per Mr.
Stephens’ June 13, 2011 Variance request. In other words, a structure constructed 200’
from the lake on the NIy and Wly sides and 175’ from the lake on the Ely side would reduce
the amount of topographical alteration (excavation/fill) required for construction.
6.Mr. Stephens” current Variance request is a considerable improvement over his previous
(June 27, 2005) Variance request in that his current proposal would result in a structure
location much closer to compliance with the provisions of our Shoreland Management
Ordinance.
Thank you for consideration of my comments. If you have any further questions regarding this
matter, please contact me.
SCANNEDBill Kalar
Administrator
Wayne Stein
Wayne Stein
Tuesday, July 26, 2011 7:02 AM
'chipshot@usfamily.net'
RE: variance meeting
From:
Sent:
To:
Subject:
Gene,
I have only seen Mr. Kalar's draft letter and from \what I understand the letter reflects his on-site visit and the
conversation he had with you on-site. The members of the Board of Adjustment will take his letter under consideration
as they make their decision. However, it is not possible for me to know if his letter will result in your request being
granted or if the Board will still require development to occur in the location indicated when the plat was approved by
the planning commission. I understand that there is a buildable area that meets the setback requirements; however,
because of the ravine you have identify that location might present challenges for construction, which combined with
Mr. Kalar's letter might be adequate enough for the Board to consider granting a variance.
Sincerely,
Wayne Stein, County Auditor
Government Services Center
510 FirAve W
Fergus Falls, MN 56537
Phone 218 998-8041
Fax 218 998-8042
Email - wstein@co.ottertail.mn.us
—Original Message—
From: chipshot@usfamily.net [mailto:chipshot@usfamily.net]
Sent: Monday, July 25, 2011 6:33 PM
To: Wayne Stein
Subject: RE: variance meeting
Wayne, other than the mis-spelling of the word compliant in #3, does his letter look convincing & influential to you? I'm
a little worried about the potential comeback response of Randy Mann in that he may repeat his issue of the lots next to
me may want a variance as well if I get this approved. My feeling is there should not be a setback concern because I
didn't see a problem with it when I walked through it. It's not a problem with the incline (slope) of the ravine like mine
is. Bill would concur on this fact as well. (Just a minute
point)
Otherwise, do you think his letter carries a lot of weight & logic? ThanksI
Gene
Quoting Wayne Stein <wstein@co.ottertail.mn.us>:
> Gene,
>
> Bill showed me a draft of the letter he had written this morning. He
> indicated that he would provide a copy to you for your review before
> returning your file to me. It is a standard procedure to invite
SCANNED1
V »> tabled applicants to the next meeting. Your decision to attend is
> completed up to you. If you are in agreement with Bill's letter it
> may not be necessary to attend; however, keep it mind the decision is
> the Boards regardless of what Bill states.
>
> Sincerely,
>
> Wayne Stein, County Auditor
> Government Services Center
> 510 Fir Ave W
> Fergus Falls, MN 56537
> Phone 218 998-8041
> Fax 218 998-8042
> Email - wstein@co.ottertail.mn.us
>
>
Original Message—
> From; chipshot@usfamily.net [mailto:chipshot@usfamily.net]
> Sent: Friday, July 22, 2011 11:49 AM
> To: Wayne Stein
> Subject: variance meeting
>
>
> Wayne, did Bill Kalar submit to you his letter of recommendation yet?
> (I need a copy e-mailed to me) Also the letter I got from you
> indicated that I have to attend the Aug 4 meeting. I thought I didn't
> have to be there or do you recommend that I do? Please advise. ThanksI
> Gene Stephens
>
>
>
SCANNED2
Revised
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing
To Whom It May Concern:
Gene Stephens
5748 Birchwood Ave NE
Prior Lake, MN 55372
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County
Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, July 7, 2011 at 7:30 p.m.J
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals
requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
Lot 1 Block 3 and Lot 1 Block 4 Koep’s Subdivision,
Property Address -44581 Spitzer Lake Road which is approximately V* mile past lot.
Section 17, Township 131, Range 39 - Township Name - Leaf Mountain
Lake No. 56-160, Lake Name - Spitzer, Class - NE
The variance requested is -
the following: I am requesting a variance of 25' from the northeast side of my proposed structure. The 200’ setback from the
north is fine. The 200’ setback from the southeast side of the proposed structure is also fine. This slight variance adjustment
would not only allow for a lot less grade and fill but also would eliminate a potential water problem, since the original approved
buildable area is located in the (ravine-like) lowest area. Please note: the gravel road (Spitzer Lake Road) divides the 175’
setback on northeast side which should Not be an environmental problem.
Stein
Board of Adjustment Secretary
Date: June 16, 2011
SCANNED
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Gene Stephens
5748 Birchwood Ave NE
Prior Lake, MN 55372
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls
Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, July 7, 2011 at 7:30 p.m.J
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN, (Please use the
public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the
public hearing.
The property concerned in the application is legally described as
Lot 1 Block 3 and Lot 1 Block 4 Koep’s Subdivision,
Property Address - 44581 Spitzer Lake Road which is approximately Y* mile past lot.
Section 17, Township 131, Range 39 - Township Name - Leaf Mountain
Lake No. 56-160, Lake Name - Spitzer, Class - NE
The variance requested is -
the following; I am requesting a variance of 25’ from the northeast side of my proposed structure. The 200’ setback from
the north is fine. The 200’ setback from the southeast side of the proposed structure is also fine. This slight variance
adjustment would not only allow for a lot less grade and fill but also would eliminate a potential water problem, since the
original approved bulldable area is located in the (ravine-like) lowest area. Please note: the gravel road (Spitzer Lake
Road) divides the 175’ setback on northeast side which should be an environmental problem.
‘Wayne Stein
Board of Adjustment Secretary
Date: June 16, 2011
NED
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 17th, day of June, 2011 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Gene Stephens, 5748 Birchwood Ave NE, Prior Lake, MN 55372
Charles Klimek, Twp Clerk of Leaf ML, 13420 455**' Ave, Vining, MN 56588
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Terry Lejcher, 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
David Trites, 20944 Westwood Dr, Clitherall, MN 56524-9596
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: June 17th, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
Xc n \By:
Vi Manderud
DOUGLAS & KATHRYN BURKETT
14820 13TH PLN
PLYMOUTH MN 55447 4529
FIRST NATL BANK OF HENNING JOSEPH A & EILEEN KOEP
41581 SPITZER LAKE RD
CLITHERALLMN 56524 9555PO BOX 96
HENNING MN 56551 96
LUTHERAN BRETHREN BIBLE CAMP
1030 ALCOTTAVE W
FERGUS FALLS MN 56537 2641
DONALD L SEALS
42045 SPITZER LAKE RD
CLITHERALLMN 56524 9555
LUTH BRETHREN BIBLE CAMP INC
13207 INSPIRATION TRL
CLITHERALLMN 56524 9556
TO THE PUBLICGENE E STEPHENS
5748 BIRCHWOOD AVE NE
PRIOR LAKE MN 55372 1313
SCftHHtO
7/12/2011
Bill,
RE: Gene Stephens, Spitzer Lake (56-160)
This gentleman will be calling you. He was at the BOA meeting Thursday, 7/11/2011. He stated that you
met with him on site just after Easter this year. There were no notes in the file (Wayne Stein has the
file) concerning the meeting. He stated to the Board that you agreed that a variance would be
appropriate at that time.
There are letters from you from previous years (2004) that state since the lot was created in 2003, and
buildable area requirements were met, you felt that no variances should be granted for this property.
The Board requested that Mr. Stephens contact you to see if you had any recollection or notes from the
meeting after Easter of this year concerning your views on granting a variance for this lot.
I'll be on vacation on Monday & Tuesday, so I hope this is enough information for you to understand his
request.
Thanks,
Denise
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCEV■>x
received
jUN 1 B 2011
land & RESOURCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website; www.co.ottertail.mn.us
Application Fee
Receipt Number/
Accepted By / Date fTuyip/l^J//
Pi^ c A //a/ -5^7^
COMPLETE THIS APPLICATION IN BLACK INK
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MAILING ADDRESS
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LEGAL DESCRIPTIONi^oT I ^ Ui-/^ /Tetyur
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback Structure Size___Sewage System___ Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^X i'C-fa^exfy'h.o. a. (/Vtr/<hcpe- fl\£~ ^ , S
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DateTTime Of Hearing)
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The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations.
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BK —0909 Viciot LunOMn Co. Pfimort • Fvgu* MN • l-BOO-Sig-aBTO
338S96I':r':■1i
July 7, 2011’
Page # 3
Bryce and Julie Anderson - Approved the variance application with a modification. (7:20 p.m.)
Bryce and Julie Anderson, Lot 20 Sky Blue Water Beach, Lake Six in Hobart Township, requested a variance of 30'
from the ordinary high water level setback of 100’ for the construction of a 14’ by 11’ poroh and 14’ by 22’ sunroom
and front entry. The addition is intended to provide an accessible entry into the home from the driveway, without
steps. The home does not have an accessible entry and the owner needs an accessible entry. The audience was
polled with no one speaking for or against the variance as requested. A letter from Anita Olson in support of the
applicants' request was read for the record. After consideration and discussion, Steve Schierer made a motion,
seconded by Thomas Lee and unanimously carried, to approve placement of an addition no closer to the ordinary
high water level than the front (lakeside) of the existing dwelling, which does not included the deck. The variance as
approved will provide the applicants with a reasonable use of their property. The variance as approved does not
directly or indirectly grant any other variances for the proposed development and the variance as approved will
maintain the existing building line in this immediate area.
Raymond Baumler - Approved the variance for the dwelling and denied the variance for the deck
with a condition. (7:40 p.m.)
Raymond Baumler Et. Al. Lots 84 and 85 Nedberg Nye Survey Lots of Government Lots 1, 2 and 3, Section 1 of Edna
Township by Devils Lake, requested the following; Demolish and build in same location, but raise cabin about 4’ with
a 4' concrete foundation and floor joists. Cabin will be exact size of existing cabin. The existing cabin is
approximately 20’ from the ordinary high water level, requesting a variance of 55’. Also requesting a variance to
replace the existing deck with a new deck being approximately 10' from ordinary high water level. The required
setback is 75’. Also requesting a 4’ variance from the road right-of-way. The audience was polled with no one
speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion,
seconded by Steve Schierer and unanimously carried, to deny the variances as requested for the proposed deck
replacement project and to approve the variances necessary for the demolition, the raising and the construction of the
new dwelling in the same footprint as described in the variance application dated June 9, 2011 with the condition that
a site permit for the proposed development cannot be issued until either an approved new septic system can be
installed or the existing septic system is approved for use. The applicant's property is significantly impacted by high
water/fiooding.
fG^rmSteptiens - Tabled. (7:52 p.m.)
Gene Stephens, Lot 1 Block 3 and Lot 1 Block 4 Koep's Subdivision, Spitzer Lake in Leaf Mountain Township,
requested the following: I am requesting a variance of 25’ from the northeast side of my proposed structure. The 200’
setback from the north is fine. The 200’ setback from the southeast side of the proposed structure is also fine. This
slight variance adjustment would not only allow for a lot less grade and fill but also would eliminate a potential water
problem, since the original approved buildable area is located in the (ravine-like) lowest area. Please note: the gravel
road (Spitzer Lake Road) divides the 175’ setback on northeast side which should not be an environmental problem.
The audience was polled with Greg Anderson expressing an interest in the outcome of this public hearing as the
outcome might have an impact on the future development of the property he represents. After consideration an^ discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried,'*Kf'tiable with thi^
-vefbai agreement of the applicant this public hearing until the next meeting of the Board of Adjustment, which willf
^ provide the applicant with adequate time to obtain a written report from Bill Kalar, Land and Resource Director, tf
p|egarding his on-site meeting with Mr. Stephens and with his recommendations? It was noted that the applicants^
^^perty is a recent plat, which when developed should have identified a buildable site for each lot within the pl0f. m
^®ibers of the Board are interesteci
^CTutnuinq with this variance hearing.-..i.
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SC*