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Draft <br /> <br />20 <br /> <br />Nathan Robinson: I'm in the construction industry and I know 1 month to get a soil scientist and a report is not a long 1 <br />time. And so, my motion would be 2 months' time, to continue for 2 months' time. 2 <br /> 3 <br />Leon Meyers: So, this case will be heard in November? 4 <br /> 5 <br />Nathan Robinson: I'm okay with that if you guys are okay with that. 6 <br /> 7 <br />Leon Meyers: Okay, so the motion is to continue the case to the regularly scheduled November meeting, requesting 8 <br />a dimension site plan with all of the essential elements and the map labeled. Did we get it all? 9 <br /> 10 <br />Nathan Robinson: I think so. 11 <br /> 12 <br />Leon Meyers: Any other discussion on the motion? All in favor, please say aye. 13 <br /> 14 <br />MOTION made by Nathan Robinson. Seconded by Greg Niemiroski. 15 <br /> 16 <br />VOTE: Unanimous 17 <br /> 18 <br />Leon Meyers: None opposed? Thank you, Mr. Cates, we'll see you in November. 19 <br /> 20 <br />David Cates: Okay, thank you. 21 <br /> 22 <br />James Bryan: Mr. Chair, I forgot to ask, can we add something to the agenda? 23 <br /> 24 <br />Leon Meyers: Well, certainly. 25 <br /> 26 <br />James Bryan: Just an update for litigation. We had an appeal of this Board's decision in the Arter case. 27 <br /> 28 <br />Leon Meyers: Tell me what was that case about. 29 <br /> 30 <br />James Bryan: That was a variance. It was the road was right next to the other parcel and they had the horse farm 31 <br />and there is an ambiguity in the UDO, so the staff determination, because the text did not align with 32 <br />the table, was that the text controls, they don't have to comply with the table, so there was litigation 33 <br />for years and it was just resolved last month by the state supreme court upholding all prior decisions, 34 <br />the courts, this Board and staffs' determination. 35 <br /> 36 <br />Leon Meyers: Okay. 37 <br /> 38 <br />James Bryan: I just wanted to give you all an update on that. 39 <br /> 40 <br />Nathan Robinson: What did we determine on that? Did we determine that that road should stay? 41 <br /> 42 <br />Patrick Mallett: It was a subdivision. 43 <br /> 44 <br />20