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12.B. APPEAL FROM DENIAL OF REQUEST FOR NEW IMPACT <br />FEE INCREASE EXEMPTION – KMP PROPERTIES AND <br />KELLY CONSTRUCTION AND DEVELOPMENT AFFIDAVIT <br />NOS. 554-566, RENEE DEARLOVE AND KELLY <br />CONSTRUCTION AND DEVELOPMENT AFFIDAVIT NOS. <br />572-576 <br />Attorney Collins stated these two applications were for exemption from the impact <br />fees and denied by Attorney DeBraal based on the small deposit, date discrepancies, and the price <br />being subject to change at will. In staff’s opinion, these contracts are illusory and were entered into <br />between the parties simply to avoid the impact fee increase ordinance and are therefore not valid. <br />The second set of applications 572-576 were similar contracts, based on small deposit, date <br />discrepancy, and the lack of property ownership. <br />Fred KretchmerJr. Esq, <br />, Brennan & Kretschmer representing KMP Properties <br />and Kelly Construction and Development, explained the reason for the small deposit, the date <br />discrepancy, and the notes. He withdrew the appeal on the five contracts on Renee Dearlove, and <br />requested exemption only on the thirteen lots that are ready to be built now. He said Kelly <br />Construction agreed to build thirteen homes for a fixed sum of $95,000 and if the building permit <br />increases go into effect it will wipe out any profit and create a hardship for them. <br /> <br />ON MOTION by Commissioner Davis, SECONDED by <br />Commissioner Neuberger for discussion, to approve the <br />appeal from denial for the request of new impact fees for <br />KMP Properties and Kelly Construction affidavit Nos. <br />572-576. <br /> <br />Discussion ensued and Commissioner Neuberger said he would vote in favor of this <br />request and overlook the issues regarding the contracts. <br />December 13, 2005 33 <br /> <br />