5.9.22 BOA Minutes - Laserfiche WebLink

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Approved 1.11.23 1 Leon Meyers: I am not sure if that makes a difference because if the center of the easement is in the right place then 2 they really just need 4 feet of space on either side you care about and you would still be here for a variance even if the 3 easement were 60 feet. I am just curious as to why the surveyor would show the easement one width and the attorneys 4 who drew the encroachment agreement would draw another one. It is really a curiosity at this point. Ms. Stokes before 5 you make your presentation tonight, I am going to make you aware of the fact that there are 4 members of a 5 member 6 board here tonight. I hope someone has seen to that already. The significance to that is that the state statue and the 7 zoning ordinance require 4 votes for an approval of a variance to a zoning ordinance and there are 4 of us here tonight. 8 And in other circumstances there would be 5 members, so what that means is that if you would like to proceed with the 9 case a unanimous vote would be required for approval of a variance. And I have no way of knowing what every board 10 member are thinking. It would be an option for you to request for the board to delay hearing this matter if that is what 11 you prefer. 12 13 Beverly Stokes: I would not like to delay anymore. I have been in this process for over 3 years trying to redo a house 14 that needs some repairs. It is better for me to rebuild. 15 16 Leon Meyers: I certainly understand. I am going to apologize for not being in full force as a board. We had a resignation 17 as of today which was the 5t" person otherwise would have been here tonight. 18 19 Beverly Stokes: We are in question about it shouldn't effect anyone because of that wooded area and then ask the 20 people who are on that strip, I keep it cleaned off so I don't think it would affect anybody. That's the reason I'm asking 21 for this permit. It doesn't affect the environment or anything like that. The encroachment with the power company has 22 caused me to have to be here. They've taken the majority of that land and only allowed me 1,201 square feet out of 23 half an acre of land. I am asking because I don't think it would be an imposition on anybody's plat. 24 25 Leon Meyers: Just to be clear, you said no others have contacted you since it was posted? 26 27 Pat Mallett: I think there have been a few, I'm not sure if the folks here are the same neighbors who called with general 28 questions but nothing negative. I'll note on this, I think this may be a mistake, the reference to 60 feet. You go back to 29 the legal description, it says 68 feet. It's odd to see a 68 foot easement as opposed to the standard 60. 30 31 Leon Meyers: Ms. Stokes, do you have anything else you'd like to tell the Board members or have any questions. 1 32 want to be sure you have a chance to say what you want to say. 33 34 Beverly Stokes: I really don't because I am just worried. My business complaint and argument is with the power 35 company for taking so much and if you go and look at it, they did it along their wires and as far as I'm concerned, they 36 can go and straighten them up and I could have what I need to do. Doing my research, I didn't see when grounds 37 found for encroachment and that angers me just to have to come here and ask for 8'/2 feet is a little much. It's wooded 38 area and I don't think it would be a problem and I think that when they moved the divide, years ago, it just didn't come 39 out the straight way and according to where I live, the lot that's beside me, my grandfather owned that and it they split 40 the acre and the house is right there on the line and back then they just didn't know what they were doing. I think that's 41 the big issue here and as a child, I remember they used all of that property back there, they had outhouses, pig pens 42 and things of that nature but I was so young, I don't even remember my grandfather but I do remember them using all 43 of the property and even on the side where the side property is, that was garden area. That I do remember, I just want 44 8'/2 feet. The reason I have this property, I was the grandchild that stayed there the most with my grandmother, aunt 45 and cousin and they took care of the property and my oldest uncle took care of them but they always took care of the 46 property and I stayed with my grandmother the most. I hate to tear the house down because I so many memories, 47 good memories of being in this house but I have put so much money in it trying to refurbish and every time I turn 48 around, it's something else that's wrong. I've tried to, the last ditch effort was to jack the house up and have the floors 49 repaired, just for the floors and jacking it up was going to costs more than $1,000. That's a lot of money, that's not to 5