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04-20-1977 ~ ~ . (J (.) 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. , u o 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.