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<br />ON MOTION by Commissioner Bowden, SECONDED by <br />Commissioner Davis, the Board unanimously approved <br />moving forward to the second public hearing on October 4, <br />2005 to consider declaration of a temporary moratorium on <br />the acceptance of applications for administrative permits <br />and the issuance of administrative permit approvals for <br />“small lot single-family subdivisions”. <br /> <br />9.B. PUBLIC DISCUSSION ITEM – REQUEST TO SPEAK FROM <br />SCOTT SANDERS REGARDING STRUCTURAL OVERHANG <br />REGULATIONS FOR PROPOSED RESIDENCE <br /> <br />th <br />Scott Sanders <br />, 6116 7 Street, advised that he recently submitted an application to <br />build a house on his lot. He has been informed there is a problem with an overhang on easement, <br />but he claimed Section 911(2)(A) clearly provides for it. He also claimed that the house next door <br />was built exactly the same. He understood Engineering had received a memo from the County <br />Attorney that said a new interpretation would not allow the overhang. He cited case law and asked <br />the Board to look with practicality at his request for his 2-story house and the easement. He <br />presented various scenarios of how the easement could be accessed in any emergency. He claimed <br />approval would not be a precedent-setting decision nor will it be a future issue and that it had been <br />allowed in the past. He asked that he not be required to do something that others have not been <br />asked to do and that he be allowed to build his house as designed. <br />Chairman Lowther agreed with Mr. Sanders’ interpretation and Commissioner <br />Neuberger noted that the other house had been allowed. <br />County Attorney Collins reiterated that the eave could overhang into the yard but not <br />into the easement. An easement holder has rights to use their property but if a backhoe should ever <br />September 13, 2005 33 <br /> <br />