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N O V 14 1984BOOK <br />Commissioner Bird believed the original presentation was <br />that staff thought these were to be rental units. <br />Planner Boling confirmed that the original presentation by <br />their engineer of record, Ed Schmucker, said they were to be <br />rental units; that was the way it was reviewed, as a 12 unit <br />rental development; and that is how they got the septic tanks. <br />If they had said they were going to convey land, they would have <br />had to have a concurrent site plan and subdivision request. <br />Attorney Brandenburg clarified that they would have been <br />able to get approval from the county, but not from the Health <br />Department if they had done this properly in the beginning, <br />Commissioner Wodtke noted that basically if we deny this, it <br />can continue to operate as a rental and they cannot convey the <br />land. <br />Attorney Brandenburg reported that he has been given to <br />understand that some land already is being conveyed which is a <br />violation of the county ordinance and subject to jail time as <br />well as a $500 fine. The developer has been advised that this <br />procedure cannot be used with respect to any of the other lots. <br />Commissioner Bird asked Mr. Mitchell if he wanted the matter <br />tabled until he can have his legal representative present, as he <br />believed there are some serious charges involved here. <br />Mr. Mitchell stated he would appreciate that. He noted that <br />he hired Total Development to do his engineering, and if they put <br />in an application for rental purposes, he is not aware of this. <br />Planning Director Keating informed the Board that he does <br />have a letter on file from Mr. Schmucker of Total Development in <br />response to all the comments in staff's discrepancy letter, in <br />which letter Mr. Schmucker states that the owner advised Total <br />Development that it is his intention to utilize these as rental <br />units. <br />Mr. Mitchell continued to claim that renting was never <br />talked about to him to his knowledge. <br />30 <br />� � r <br />