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FEB 2 01980 42 FAc.i746 <br />PROPERTY FORMERLY WAS OWNED BY MR. TURMAN WHO WAS UNDER THE <br />IMPRESSION THAT THE ENTIRE PIECE OF PROPERTY HAD BEEN REZONED IN <br />1971. THIS SITUATION APPARENTLY DERIVED FROM A MISTAKE IN A SURVEY, <br />AND EVIDENTLY THERE WAS AN OVERLAP. <br />MRS. BUSS STATED THAT SHE IS CONCERNED AND CONFUSED ABOUT <br />HOW THIS HAPPENED TO BE REZONED WITHOUT HER BEING NOTIFIED. SHE <br />FELT HER PROPERTY HAS BEEN DEVALUED BECAUSE THIS WAS REZONED WITHOUT <br />HER BEING AWARE OF IT, AND REITERATED THAT THE 14' IS HIGHLY IMPORTANT. <br />COMMISSIONER LOY EXPLAINED THAT THE LAW ABOUT THIS HAS <br />CHANGED DURING THE YEARS, BUT THE BOARD HAS ALWAYS MADE A DEDICATED <br />EFFORT THROUGH THE YEARS TO NOTIFY PEOPLE. SHE CONTINUED TO EXPLAIN <br />THE POSSIBLE CIRCUMSTANCES THAT COULD HAVE OCCURRED WITH REGARD <br />TO NOTIFICATION. <br />ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER <br />DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. <br />DISCUSSION ENSUED ABOUT SETBACK REQUIREMENTS, AND PLANNING <br />DIRECTOR REVER EXPLAINED THAT IN R-1 THERE IS A 10' SETBACK ON A <br />SIDE YARD AND 20' FOR THE REAR YARD. HE FURTHER EXPLAINED THAT WHEN <br />YOU HAVE TWO DISSIMILAR ZONES ADJOINING, SUCH AS IN THIS SITUATION, <br />YOU ARE REQUIRED TO HAVE A 10' BUFFER AND THEN ON THE OTHER SIDE FROM <br />THE PROPERTY LINE INWARD, YOU ALSO HAVE TO HAVE A MINIMUM OF lO', <br />OR A TOTAL OF 20'. <br />COMMISSIONER WODTKE ASKED IF THERE IS A POSSIBILITY THAT <br />THE PROPER AMOUNT OF FRONTAGE WAS REZONED, AND THE ZONING ACTUALLY <br />HAS THE RIGHT AMOUNT OF FRONTAGE, BUT IT MIGHT BE 14' TOO FAR TO <br />THE EAST. <br />MR. REVER COMMENTED THAT ANYTHING IS POSSIBLE, BUT WE HAVE <br />TO TAKE THE EXISTING SURVEY AS FACT. <br />ATTORNEY CLEM INFORMED THE BOARD THAT THE LINE SHOWN HAS <br />BEEN THE PROPERTY LINE FOR A GOOD MANY YEARS AND THEY WENT THROUGH <br />A QUIET TITLE SUIT AT ONE TIME. HE NOTED THAT MR. TURMAN HAD <br />THOUGHT THE STRIP WAS COVERED BY THE REZONING OF 1971. <br />52 <br />_I <br />