04-20-1977
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Public Hearing
April 20, 1977
Board of Adjustments
Mr. Millard stated that this meeting is being continued from
last week.
Mr. Millard stated that we have passed on two of these variances
they were pretty well standard types.
ROLL CALL
Mr. Fenske
Mrs. Nichols
Mr. Lupinek
Mr. Millard
Present
Present
Present
Present
Mr. Millard stated that one of these lots was 17 and half of
lot 16 was 80 feet wide. There was quite a discussion on the
the easement. He went on to discuss what went on at the
April 13th meeting.
Mr. Millard reminded Mr. Cartee that he was still under oath.
Mr. Cartee asked to say something on one of the lots that
were approved last week. The first one with the canal he has
given the board the wrong diagram showing the wrong house on
that lot. They are building a house on there that runs
deep on that lot instead of across. He did not re~ltze this
last week when he was here. He was asked to show the Chairman
the change.
He apologized to the board for bringing the wrong plat. He
wanted to clarify this for the record.
Mrs. Kilbert, owns lots east of Lot 16. She is the property
owner on the east side and wants to know why Mr. Cartee stated
that he could not buy property to the east of him. She owns
lots 12,13,14.
Mr. Millard asked if she was notified of the hearing. She
stated that she was. Mr. Millard asked if she was here last
week; she stated that she was but she was not feel i ng well so
Mrs. eain was her spokesman. Mr. Millard stated that that would
have been a good time to bring this up.
Mrs. Kilbert stated that when the remark was made that he
couldn1t buy property east of lot 16 she wanted to know why.
She only wants to be fair to.
Mr. Millard asked if she had any evidence that she owns this
property? She stated she did have a deed but she did not
bring it with her.
Mr. Millard stated that this is a very important point. He
stated to Mr. Cartee that this brings up a point and
we are in essence reopening this variance. Mr. Millard asked
Mrs. Kilbert if she was offering to sell land to him. They
went on discussing selling of the lot. Mrs. Kilbert stated
that he never had the courte~y _ to ask if we woul d sell our
property. Mr. Millard stated that the application does mention
his inabflj!yto purchase additional land. Mr. Cartee stated
that he does not know what to say other than if you want to
sell me 10 feet for what I paid for this property here I will
be glad to buy it from you.
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Mrs. Kilbert stated that if he would come and discuss things
with them they will talk about it.
Mr. Cartee said for what I paid for the other property I would
be glad to buy 10 feet.
Mr. Millard stated that is all we need to hear on this point.
He went on to say in view of this new development he thinks the
board should vote right now on not approving this variance,
We will have to rescend our action of last week, due to not
having the information explained to us. This comes from not
having a complete application.
Mr. Cartee stated that if you wish to do away with this completely
tonight it is alright with him.
Mr. Millard asked if Mr. Cartee means this one.
Mr. Cartee stated all of them. Mr. Millard stated for the
record this is entirely volunteer he is not being coerced.
Mr. Cartee stated not at all. Mr. Cartee stated that this is
rather acadamic anyway. After last nights' second reading
of the new ordinance, we can obtain building permits on every
piece of property down there except lot 16 and he can
submit a new application and have it worded by an attorney.
Mr. Millard stated that this is a very unusual case.
Mr. Millard called for a receis, at which time there was a
lengthy discussion on Mr. Cartee's case.
Mr. Millard called the meeting back to order.
Mr. Millard asked if the applicant wishes to continue with these
variances? Mr. Cartee stated just one variance.
Mr. Millard stated that he is going to return this variance to
the building inspector for clarification on the boundery lines
to see where the easement is. It will be returned to the board
if everything is clear. This may give Mr. Cartee a chance to
purchase the additional 10 feet. We will have to withdraw
the approval that we gave last Wednesday but since we have not
yet adjourned we can still take that one back which we will do.
This will be tabled until we get tbe information.
Mr. Loeffler stated that we have a copy of the deed of the
City easement. He read it to the members.
Mr. Millard asked Mr. Cartee if he preferred to table the
width variance of this lot so that he may look into buying the
additional land? Mr. Cartee stated that he thinks we can settle
this right now. He hates to wait another week. Mr. Millard
stated that he does not want a real estate transaction during
this board meeting.
Mr. Cartee stated that you can go ahead and table it.
Mr. Cartee has withdrawn the rest of the applications except
for lot 16. For the record Mr. Millard asked Mr. Cartee to
give his reasons. Mr. Cartee stated that he does not need the
variances.
There was some discussion on the way that the board will handle
applications that come in from now on. He would like to look
the applications over before the advertisement goes to the paper.
Meeting was adjourned.