agenda #3728: brenda turner, property owner, requests avariance forapatioand retaining wall, to...

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BOARD OF AD.JUSTMENT MEETING Monday, .January 9, 2017 - 9:00 a.m. Zoning Office Conference Room Barron County Government Center 335 East Monroe Avenue, Barron, WI 548 I2 ** * *** *** * * * * * ** * * * **** ** * *** * AGENDA 1. Call to Order and Roll Call 2. Confirmation of meeting held in accordance with the Wisconsin Open Meeting Law 3. Approval of Minutes (December 12, 20I6) 4. Hearings of applications and appeals to the Board of Adjustment: 9:00 a.m. 9:10 a.m. 5. Adjourn Appeal #3729: Shaun & Shannon Carr, property owners, Request a special exception to operate a tourist rooming house in a Recreational- Residential district. Property address: 1018 23 % Street, Chetek, Wisconsin Appeal #3730: Timothy & Amanda Andrews, property owners, Request a special exception to establish a farm family business, being a photography business, in an Agricultural-I district. Property address: 2305 23'd Street, Rice Lake. Wisconsin PLEASE CALL 537-6375 IF YOU ARE NOT ABLE TO ATTEND THE MEETING NOTE: Any person who has a qunJifying disability under the Americans with Disabilities Act and requires the meeting or materials at the mCding to be in an accessible format must contnct the County Clerk's ollicc at 715-537-6200 at least 24 hours prior to the meeting so that arrangements may be made 10 accommodate your request. cc: Sieik, Mohn, Nelson, Organ, Knutson, Corporation Counsel, Deputy Corporation Counsel, County Clerk. County Administrator, Department of Natural Resources, Public posting

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BOARD OF AD.JUSTMENT MEETINGMonday, .January 9, 2017 - 9:00 a.m.Zoning Office Conference Room

Barron County Government Center335 East Monroe Avenue, Barron, WI 548 I2

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *AGENDA

1. Call to Order and Roll Call

2. Confirmation of meeting held in accordance with the Wisconsin Open Meeting Law

3. Approval of Minutes (December 12, 20 I6)

4. Hearings of applications and appeals to the Board of Adjustment:

9:00 a.m.

9:10 a.m.

5. Adjourn

Appeal #3729: Shaun & Shannon Carr, property owners, Request aspecial exception to operate a tourist rooming house in a Recreational-Residential district.Property address: 1018 23 % Street, Chetek, Wisconsin

Appeal #3730: Timothy & Amanda Andrews, property owners,Request a special exception to establish a farm family business, being aphotography business, in an Agricultural-I district.Property address: 2305 23'd Street, Rice Lake. Wisconsin

PLEASE CALL 537-6375 IF YOU ARE NOT ABLE TO ATTEND THE MEETINGNOTE: Any person who has a qunJifying disability under the Americans with Disabilities Act and requires the meeting or materials at the mCding tobe in an accessible format must contnct the County Clerk's ollicc at 715-537-6200 at least 24 hours prior to the meeting so that arrangements may bemade 10 accommodate your request.

cc: Sieik, Mohn, Nelson, Organ, Knutson, Corporation Counsel, Deputy Corporation Counsel, County Clerk. CountyAdministrator, Department of Natural Resources, Public posting

Present:

Barron County ZoningBoard of Adjustment

December 12,2016,9:00 a.m.

Board of Adjustment: Jon Sleik, Gary Nelson, Chad Knutson, Walter Organ, CraigMohn.County Personnel: David Gifford, Marshall Black, Kim Russell-Collins, Secretary.

Sleik called the Board of Adjustment to order at 9:00 a.m., called roll and confirmed that properposting of all notices were done in accordance with the Wisconsin Open Meeting Law.

Motion: (Nelson/Organ) to approve the minutes of December 5, 2016; carried 5-0.

Public hearings were held as follows:Appeal #3727: Storage Solutions, LLC, property owner; Rob Yohnk, agent, Request a specialexception to locate additional buildings in a Business district.

Sleik opened the hearing and read the public notice. The Board reviewed the file and receivedtestimony from the applicant. Gifford provided a property overview. No public testimony wasreceived. After Board questions and discussion, motion: (OrganlNelson) to close testimony; carried 5-O. Motion: (Organ/Knutson) to grant the special exception as requested with all testimony, oral andwritten as part of the decision, and all permits and licenses obtained prior to construction; carried 5-0.

9:10 a,m. Appeal #3728: Brenda Turner, property owner, Requests a variance for a patio andretaining wall, to replace foundations for a porch and an accessory structure, and to construct abalcony, all with a reduced setback to the OHWM of Ten Mile Lake in a Recreational.Residentialdistrict.

Sleik opened the hearing and read the public notice. The Board reviewed the file and receivedtestimony from the applicant. Black provided a staff report and public testimony was received. AfterBoard questions and discussion, motion: (Organ/Mohn) to close testimony; carried 5.0. Motion:(SleiklNelson) to include Appeal #318: carried 5.0. Motion: (SleikiOrgan) to partially grant thevariance with the following conditions:1. All permits are obtained prior to construction, and all testimony, oral and written, is part of thedecision.2. The foundations of the porch and the accessory structure may be replaced.3. The retaining wall is limited to 24 feet in length.4. The adjacent patio is limited to 480 square feet and shall not extend more than 24 feet from thehouse.5. The back entry is limited to 100 square feet in front of the basement door.6. The construction of the balcony is deniedMotion carried on a roll call vote with Organ, Nelson, Knutson, Mohn and Sleik in favor and no oneopposed.

Meeting adjourned at 11:05 a.m. by unanimous consent.

Respectfully submitted,

Kim Russell.CollinsAdministrative Secretary

Minutes are not official until approved by Ihe BOA at their next meeting.

Appeal #3729

NOTICE OF PUBLIC HEARING

STATE OF WISCONSIN SS

COUNTY OF BARRON

TO WHOM IT MAY CONCERN:

PUBLIC NOTICE is hereby given to all persons in the County of Barron,Wisconsin, that a public hearing will be held on Monday, January 9, 2017 at 9:00 a.m. inRoom 2 I06 of the Barron County Government Center, Barron, Wisconsin, relative to aproposal for a special exception to the terms of the Barron County Land Use Ordinanceas follows:

Requests a special exception to operate a tourist rooming house in a Recreational.Residential district, property described Lot 19, Assessor's Plat # I, consisting of .6 I of anacre, located in Section 12, T33N, RI IW, town of Prairie Lake, Barron County,Wisconsin.

The Board of Adjustment reserves the right to view the property and may convene inexecutive session prior to rendering a decision.

Property owners: Shaun & Shannon CarrProperty address: 1018 23 'I. Street, Chetek, Wisconsin

All persons interested are invited to attend said hearing.

Dated at Barron, Wisconsin, this 2 I st day of December, 20 I6.

Barron County Board of AdjustmentJon Sleik, Chairman

.~

BARRON COUNTY SPECIAL EXCEPTION APPLICATIONBarron County Zoning Office330 E. LaSalle Ave. Rm. 2104, Barron, WI 5481715~537.6375, Mon. - Fri. 8:00 am - 4:30 pm

Property Owne •.' _0I-1AlJN {}At2/2...~

Address: regs £(1;2.-101/251'-City/State/ZIP: 1-1/ '- t S Of'lL if/ vy:i:: •5lf7 53.Daytime Phone: 11S - , 90 -I S10SITE INFORMATION

Submit completed application to the Barron Counly Zoning OfficeIncomplete or illegible applications will be returnedPlease Print- Use Ink

Agent: _

Address: ------------------City/State/ZIP: _

Daytime Phone: _

Parcel J.D. Number: O&(P - 4'000 -.3 0 - 000 Township: ?~~IRE- LR J(€Gte=tex. va::

Property Address: 10\ 'B "2:b:}'-t sr. 5'-17"2.'2 Lot Size: 200x '00 Sq.Ft./Aeres-.=.

TYPE OF REQUEST:

D Dwelling riTourist Rooming House D Business D Campground D Mineral ExtractionD Livestock Enlargement D Other _

Reason For Special Exception Request

Complete this application and submit it with the Township Consideration Form and the fee ofS 400.00 to Barron CountyZoning Office. Provide a detailed plot plan of the property and noor plan of the proposed projcct.

I have read and understand the procedures and requirements for applying for a Special Exception. I understand that the filing fee isnon-refundable and that my application may be returned if information is incomplete or illegible. I also understand that I, or myagent, mus ppea t the public hearing.

Owner 10 ure

Agent Signature

\7-. /

____ I

Date

Date/

OFFICE USE

Appeal # 31~ Hearing Date: IName of Water Body: j?v~Reviewed By: ~ _

/1 Previous Hearings: .;J/ kClass: JJ /A- Zoning Dist.: ...i2-&Date~ Ire / Jft

DATE RECEIVED:

DEC 0 9 2016

SAAAON COUNTY ZONING OFFICE

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DEC 0 9 2016

RARRON COUNTY ZONING OFflC,

R5NTAL Ae;e;R55M5NT AND S5CURIT'( D5POSIT R5C51PT

DAT5 OF CAE>INR5NTAL: _

DATe OF PONTOON R5NTALlPRIC5: _

Th'5 ~0ree"-'.e""te!~tee! ,5 betwee"" , ~""e!sh~u"" P C~YY~""e! sh~""V\.O"" 5 C~rr, bg3 j 'h -1.0'h st. D~LL~5,WI. 54733 (7~5)455-~27jor 7~5-7jO-7570, here,,,,,referree!to ~5 OWN5R. It ,5 ''''' ~550c,~t,0"" with T5NTANT re""t'''''0 ~""e! occu-P1::J'''''0theOWN 5R'S -pro-pert1::J~t ~Mg 23 3/. 5t. Cf1eteR., WI. 5472g

TeNANT ACiCiR56S TO m6 FOLLOWINCi:

L P~1::J4' (f-tOM5)/.f (PONTOON)/4' (S5CURIT'( D5POSIT)

TOTALLlNe;: P~,e! b1::JchecRor "-'.o""e1::Jore!er, "-'.~,Lee!or e!eL,veree! fro"-'. te""~",,t to ow""er.2. ho-pert1::J5f1~LL""ot beU5ee! for co"-'."-'.erc,~L -puYj>05e5.3. No "-'.ore th~"" b -persoV\.$"-'.~1::Jre5,e!e ''''' tf1e hou5e. No !%Orethl:l"" 3 vehl<:.Les. (P~rRte! off the R.o~c!)-4-. No el:l"-'.-persor te""ts.5. Nofi,reworRs.b. No -pets7. No s!%O~t~ tV\.$We tf1e ho"-'.e or 0cw~0e.g. D'5-p05e of 0~rb~0e/rec1::JcL~bLe5-pro-perL1::J.(b'''''5 ~re "-'.~rRee! ~ccore!'''''0L1::J)j. NoHf1::Jthe owvcer of ~""1::JyouHvce l'I<.~t""teV\.l:lvccereg.ukel'l<.evcts 0"" the -pro-pert1::J'~Wltl:lvccesI:lM

l'I<.eehI:lvctcl:lLe9,ut-p l'I<.evct-probLel'I<.S!covcceYV\.$.1.0. Keel' the ,,,,,ter'orof the -pro-pert1::J~""e! ~LL~-p-pL,~""cescLe~"" ~5weLL~s exh,b,H""0 0ooe! houseRee-p,""0

5R,LL5.H. E>eres-peetful of tf1e ""e'0f1bor$. (l:::/.Q FouL LI:l~ul:lee, Louyj l'I<.U5l<:.,6TC )

~2. TYwt ~""vl re5-pect -pro-pert1::Jof f10w1::J0UwouLvl w~""t otf1ers to tre~t 1::JQI.<rs.B. s"-'.~LL w"-'.-pf,re5 ~re ~cce-pt~bLeo""L1::JtV\.$tc!eof the n~.put ~ll fires out.

IT IS 5XPR5SSLY UND5RSTOOD AND Ae;R55D THAT TH5 OWN5R IS SAID PR5MIS5S WILL NOT

E>5LlAE>L5 OR R5SPONSIE>L5 FOR DAMAe;5S OR I"!JURY TO T6NANT(S) OR TO HIS/H5RPROP5RT'( FROM WHATEVER CAUS5 ARISINe; FROM TH5 OCCUPANCY OF SAID PR5MIS5S E>yT5NANT(S).

W5 H5RE>YACKNOWL5De;5 TH5 R5CI5PT OF 4'300.00 AS A S5CURIry D6POSIT ON TH5PROP5RT'( AT1.MS 23 3/. ST. CH5T5K, WI. 5472g. THE MON5Y Sf-tALL NOTE>5 APPLl5D TO TH5

R5NT, E>UT IS A S5CURIT'( D5POSIT ONLY. TH5 S5CURIT'( D5POSIT WILL E>ER5TURN5D TOTH5 T5NANT WITHIN ~5DAYS OF TH5 T5NANTVACATINe; TH5 PROP5RT'(, PROVIDINe; Tf-tATNomlNCi ttAS E>56NSTOL5N FROM TH5 PROP5RT'(, AND NomlNCi ttAS E>55N l1WIEi6DINSID5 OF TH5 HOM5, OR TO m5 PONTOON. nm~(ClE~illJ

Te""~",,ts: _

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DEC 0 9 2016

D~te S'0 ""ee!: "AARON COUNTYZONIN(j Orfl~.

D~te s'0""ee!: _

ORDINANCES RELATING TO HEARINGApplicant/Owner: Shaun & Shannon CarrPrevious Appeals: n/ a

Appeal: 3729

Request: 1\ special exception to operate a toUrist rooming house In a Recreational-Residentialdistrict, Town of Prairie Lake.

Purpose Section 17.02: This chapter is declared to be for the purpose of promoting the publichealth, safety and general welfare.

Intent Section 17.03: It is the general intent of this chapter to regulate and restrict the use ofstructures, lands, shoreland and waters; regulate and restrict lot coverage, population distributionand density and the size and location of all strucrures so as to lessen congestion in and promote thesafety and efficiency of the streets and highways; secure safety from fire, flooding, panic and otherdangers; provide adequate light, air, sanitation and drainage; preycnt overcrowding; avoid unduepopulation concentration; facilitate the adequate provision of public facilities and utilities; stabilizeand protect property values; further the appropriate usc of land and conservation of nahlralresources; preserve and promote the beauty of the community; prevent and control water pollution;protect spawning grounds, fish and aquatic life; preserve shoreland cover; and implement thecounty's general plan or county plan components. It is futther intended to provide for theadministration and enforcement of this chapter and to pro,-ide penalties for its violation.

Section 17.36 RECREATIONAL-RESIDENTIAL The Recreational-Residential District iscreated to provide for a nuxhlrc of residential, recreational and comn1crcial uses, with ctnphasis oncommercial uses which relate to the recreational opportunities or which serve the residentialproperties. This district will be located primarily along or near navigable waters on lands suited fordevelopment.

Section 17.41 SHORELAND OVERLAY DISTRICTThe shoreland regulations of the County are adopted for the purposes of promoting the publichealth, safety, convenience and general welfare, to further the maintenance of safe and healthfulconditions, to prevent and control water pollution, to protect spawning grounds, fish and a<juaticlife, to control building sites, placement of structures and land uses, and to preserve shore cover andnahlral beauty. In addition to the use, dimensional rules and other standards pro,'ided forshorelands by the zoning district in which they are located, the following shall apply to allshorelands.

Ordinances relating to this Appeal:17.36 Recreational-Residential District17.41 Shoreland Overlay District17.73(6) Special Exception Requests

GL1036-1300-02-

GL4-1036-1200-09-000

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o 200 400 606ftDISCLAIMER: ThIs map Is not ~ to Deaccurate, eotnlct. COrrent"!?[ ~ 8fkj

conclusion& drawn are the riSj)onitbIAty Of the_.

VARIANCE and SPECIAL EXCEPTIONTOWNSHIP CONSIDERATION FORM

Instructions: This form nlllst be completed alld presellted to the TowlI Board for their collsideratioll of the proposed variallceor specialexceptioll reqllest. The completedform shall be mbmitted with the Barroll COlilltyBoard of Adjmtmellt Applicatioll for Variallce or SpecialExceptioll prior to schedlilillgyolirpllblic hearillg.

Section A- to be completed by the proper(} owner and/ or agent;

Type of Request: DVariance ~pecial Exception m:w,CCJEMIIDTown of nEC 0 9 2016

Owner: SI-\Avr'l c..AA(.l.. - .•.•. 't""

4Plica~ Agent: ~_AK_A_U_N_""_O_"_i ._'_" _

LegalDescriptionof Property: I :z..- 33AJ - /1 W SN 5 e-I.. 07""" /'7 Fl s S G..s ::.o~'.s p I-Hr 'I:t../

PropertyAddress: /018 2.3 3/« .sr. C-H;]i":' Property Tax ID #: o.g", - </000 - 30 - 000

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ExplainRequest: T" t9 rl1

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Section B - to be completed by the Township

o The Town Board is aware of the request and DID NOT require the property owner/applicant toappear before the Town Board.

~ The property owner/applicant appeared before the Town Board and we have been informedof their request.

TOWN BOARD COMMENTS:

No/{t

Date: S ept~ a J, ottoSigned: _

(fown Chairman)OR Signed:

(fown Clerk)

* Only the signature of the Chairmanor the Clerkis required.\\barron\shares\ZONJNG.SHARED\FORMS\Board of Adju51mc:1t\Township Consideration for Variances - REVlSEO,doc

Appeal #3730

NOTICE OF PUBLIC HEARING

STATE OF WISCONSIN SS

COUNTY OF BARRON

TO WHOM IT MAY CONCERN:

PUBLIC NOTICE is hereby given to all persons in the County of Barron,Wisconsin, that a public hearing will be held on Monday, January 9, 2017 at 9: I0 a.m. inRoom 2106 of the Barron County Government Center, Barron, Wisconsin, relative to aproposal for a special exception to the terms of the Barron County Land Use Ordinanceas follows:

Requests a special exception to establish a farm family business, being aphotography business, in an Agricultural-I district, property described as Plat 11-2, partSW-SW shown as Lot 1 CSM 17/32, consisting of 10.46 acres, located in Section I,T35N, Ril W, town of Rice Lake, Barron County, Wisconsin.

The Board of Adjustment reserves the right to view the property and may convene inexecutive session prior to rendering a decision.

Property owners: Timothy & Amanda AndrewsProperty address: 2305 23rd Street, Rice Lake, Wisconsin

All persons interested are invited to attend said hearing.

Dated at Barron, Wisconsin, this 21st day of December, 2016.

Barron County Board of AdjustmentJon Sleik, Chairman

BARRON COUNTY SPECIAL EXCEPTION APPLICATION

Barron County Zoning Office335 E. Monroe Ave. Rm. 2104, Barron, WI54812715-537-6375, Mon. - Fri. 8;00 am -4:30 pm

Submit completed application to the Barron County Zoning OfficeJncornplet~ or lOegtole applications will be •..etumedPlease Print - Use Ink

Property OWDer:\\~"'( L 1\!YI{liCC'>o-- hDr\.~Agent: _

Address: ~5 ci3r6'S" Address: -----------------aty/StatclZlP~\\:.Q \ GJ!l4- \0 \ Slfbla't> City/StatelZlP:, ---------------Da)1ime Phone: \\~-1QS\-co~?> Daytime Phone: ---------------

SITE INFORMATION

ParcelLD.Number: W .000 _dS . CO\ T"'VnShilJ:~(Ulc.J(e..

Lot Size: 10.~~

TYPE OF REQUEST:

o Dwelling 0 Tourist Rooming House 1]1Business 0 Campground 0 Mineral Extractiono Livestock Enlargement 0 Other _

Reason For Special Exception Request:

Sq.Ft.~

DEC] 5 2016

Complete this application and submit it with the Township Consideration Form and the fce of $ 400.00 to Barron CountyZoning Office. Provide a detailed plot tItan of tllCproperty and floor plan of the lll'oposed project.

I ~aye read and understand the pracedures and requirements for applying far a Special Exception. I understand that the filing fee isnon-refu~9a~~~ a!1dthat ~y.~ppl~~.t.io.~may be returned if infarmation is incamplete .orillegible. I also understand that I. or my

4:Jt:U:X~ /~1 /6 j 1& . ."Owner Signature Date .

___ --'1 1 -Agent Signature Date

OFFICE USE DATE RECEIVED:

APpeal#~ Hearing Ilate: (llt-npre~AHearings:

NameOfWaterBOdy:_&d (lda,( ~ Class:. . ZoningDist.:

Reviewed By: ~ Date leA / lip /,

\\barron\shares\zoning\SHARED\FORMS\Board of Adjustment\BARRON COUNTY SPECIAL EXCEPTION APPLICATION.doc6ARRON COUNTY lONIN(; OI+I~<

SPECIAL EXCEPTION REQUEST

• Requesting a special exception to allow for a photography business on the property, located at2305 23'd 5t in Rice Lake. I intend to keep this small scale and should have no negative impacton the local area. I would like to focus mainly on outdoor photography anywhere on the 10.46acres described in the C5M #2396. There are outbuildings already available on the property forfuture use, if needed and do not see any need to make any major physical changes at this time,

to any existing structures.

DEC 1 ij 2016

BARRONCOUNTYZONINGOFFi~t

ORDINANCES RELATING TO HEARINGApplicant/Owner: ,\manda & Timothy AndrewsPrevious Appeals: n/ a

Appeal: 3730

Request: A special exception to establish a farm family business, being a photography business, inan Agricultural-! district, Town of Rice Lake.

Purpose Section 17.02: This chapter is declared to be for the purpose of promoting the publichealth, safety and general welfare.

Intent Section 17.03: It is the general intent of this chapter to regulate and restrict the usc ofstructures, lands, shorc1and and waters; regulate and restrict lot coverage, population distributionand density and the size and location of all structures so as to lessen congestion in and promote thesafety and efficiency of rhe streets and highways; secure safery from fIre, flooding, panic and otherdangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid unduepopulation concentration; facilitate the adequate provision of public facilities and utilities; stabilizeand protect property values; further the appropriate use of land and conservation of naturalresources; preserve and promote the beauty of the community; prevent and control water pollution;protecr spawning grounds, fIsh and aquatic life; presen-e shorcland cover; and implement thecounty's general plan or county plan components. It is further intended to provide for theadministration and enforcement of this chapter and to provide penalties for its violation.

17.28 A-I EXCLUSIVE AGRICULTURAL DISTRICTThe Exclusive Agricultural District is created to protect areas where agricultural production is thedominant land usc and where a continuation of such use is in the interest of the farm operators andbenefIcial to the interests of the general public in terms of production of food and fIber andenvironmental quality. Except for continuation of preexisting uses, this district will allow very fewnonagriculmral uses or development. This policy is intended to avoid conflicts which occur whenfarm and non-farm uses are mixed, and to reduce the adverse pressures upon farming caused byspeculative land values and consequent increases in property taxes on farmlands. A limited numberof agricultural or agriculmrally related uses are treated as special exceptions in this district, becauseof potential problems of pollution or land use conflicts.

Ordinances relating to this Appeal:17.28 Agricultural-! District17.73(6) Special Exception Requests

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DEC 1 5 2016

BARRON COUNTY ZONING OrriCo

...VARIANCE and SPECIAL EXCEPTION

TOWNSHIP CONSIDERATION FORM

Instrucdons: This flm; must he completedand presented to the Town Board for their consideration of theproposed variance or specialexception rrquut. The completedform shall he suhmitted with the Barron County Board of Adjustmmt Application for Variance or SpecialException prior to schedulingyoul puhlic hearing.

Section A. to be completed lry theproperry owner and/ or agent;

Type of Request: D Variance 18'Special ExceptionTown of :R\~E I cd<QOwner: \\roD\\)\~ { Am~(JJ)~o\&-~~Bb~cl~\fA?=~f _Applicant/Agent: _

LegalDescription of Property: _

PropertyAddress: PropertyTax ID #: tEih-o \COS-ill \ExplainRequest: ?\\IJ~~\\A\ ~N/C) ~~clv;

Section B - to be completed lry the Township

o The Town Board is aware of the request and DID NOT require the property owner/applicant toappear before the Town Board.

1tJ The property owner/applicant appeared before the Town Board and we have been informedof their request.

TOWN BOARD COMMENTS:

~o v:~...d'-1~ -QY Lew: ".Nr~5 ~ ~ ""-fflld ~ ,<'17 U)"""'-~N- ,,*,,&t...>+i D •.•••• '()V"'\ $--\r S--<7, . - '-W--e--i-- b.t.i '::J ~ 'J, :).

~ate: -!,~b;~\d . ISH\:Stgn~lt~i~:L~~.wt, _ OR Signed: _

(To Chairman) (Town Clerk)

* Onlythe signature of the Chairmanor the Clerkis required.

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