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• <br />Board of Adjustment <br />Minutes of 11-7-89 <br />Page 3 of 5 <br />Mr. Mosier ask at this time that Mr. Couch comment on the <br />proposal made by his clients. <br />At this point Mr. David Couch addressed the Board of <br />Adjustments. Mr. Couch stated that he had no objections to <br />moving the building back some, in fact he said he needed to <br />get it a little further back to serve the purpose he needed <br />to serve, but it was not feasible for him to put it on the <br />back side of his lot. If he put the building on the back side <br />of the lot it would be more expense to him, because he would <br />have to build a road to the building and he would have land <br />that he could not use. He would be willing to go 60-65 ft. <br />back off the property line from the road side, if everybody <br />agrees to this. <br />Chairman Bernay called for a minute recess at this time for <br />the parties concerned to discuss (off the record) the <br />proposals made and see if an agreement could be reached. <br />RECESS - 7:15 - 7:30 pm <br />Meeting was called back to order and Mr. Mosier again stated <br />to the Board the feelings of his clients and ask that the <br />Board deny this permit. <br />Gary Davis was sworn in at this time and proceeded with his <br />testimony. In defense of his position he stated his concerns <br />as the drainage problem that could be created, the fire hazard <br />as presented by this building and the property value. Mr. <br />Davis felt that there were other alternatives that Mr. Couch <br />could look into on the placement of the building in question. <br />Joel Albrecht was sworn in at this time. He then summarized <br />the background of the issuance of the building permit to Mr. <br />Couch. Mr. Albrecht then went over the findings required of <br />the Board in order to grant an appeal, they are as follows: <br />A. That there is a reasonable difference of interpretation <br />as to the specific intent of the zoning regulations or <br />zoning map, provided the interruption of the enforcement <br />officer is a reasonable presumption and the zoning <br />ordinance is unreasonable. <br />B. That the resulting interpretation will not grant a <br />special privilege to one property inconsistent with other <br />properties or uses similarly situated. <br />