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1 -6- • <br /> 2 <br /> 3 Commissioner: Hansen.-•:interjected- at this point -that•he perceived before <br /> 4-:any further discussions were. held, -the ownership of the lot-- should be <br /> 5 established. :, Mr. Campbell: - told him he did not .yet own the lot but the <br /> 6' owner' s brother' had told- him:' of ter Elton' s death that '.'it' s -your lot for <br /> 7 the same price agreed.�upon by Elton and we'-1.1- draw up the papers to that <br /> 8 effect as soon as you get the variance. " <br /> 9 <br /> 10 Move to Table Ruled Out of Order <br /> 11 <br /> 12 Commissioner Hansen 'then moved and Commissioner : Madden seconded his. <br /> 13 motion that the matter be tabled until' staff had established legal <br /> 14 ownership for - the property. <br /> 15 <br /> -16 Before the motion was voted omit was noted that the hearing had not yet <br /> 17 been closed. <br /> 18 <br /> 19 When the - Chair asked Mr: Childs whether it was vital that only the <br /> 20 owner apply for the variance, the Manager told her he recalled there had <br /> 21 been cases in _the past where an option to buy had been contingent on a <br /> 22 variance being granted. Mr. Hansen pointed out that the application had <br /> 23 indicated Mr. Campbell was the owner and -it now appeared that statement <br /> 24 had been disputed by Mr. Hoxmeier: Commissioner Werenicz agreed that it <br /> 25 might take a long time for the estate to be settled and the ownership of <br /> 26 the lot established. • <br /> 27 <br /> 28 The Chair ruled that those persons who were present to provide- input to <br /> 29 the discussion should be allowed to speak before the hearing .was closed.. <br /> 30 <br /> 31 Mr., Shaddrick continued his testimony as follows: <br /> 32 . <br /> 33 -said he -perceived a house so close to 37th Avenue would <br /> 34 cut down his vision of traffic coming from the west; <br /> 35 <br /> 36 -indicated that if now were piled at the intersection as <br /> 37 it had been in years past, that vision would be further <br /> 38 impaired which could "endanger my life and my young <br /> 39 son' s" ; <br /> 40 <br /> 41 -reported he had paid an outside service to remove the <br /> 42 snow piles in front of this lot in the past; <br /> 43 <br /> 44 -agreed that a house on the lot would only increase the. <br /> 45 water buildup problems, -his- neighbors experience; <br /> 46 <br /> 47 -commented that it would be "a major expense for the <br /> 48 City. 'to move that house if 37th- Avenue were widened" . . <br /> 49 <br /> 50 The Chair responded .. that,.. - although the - City .had turned down, a request <br /> 51 for- -a duplex- on •this -property • in 197.9 ;- there had been some doubt <br /> 52 whether ' a' court case -would- have supported that• action and case law since• <br /> 53 then seemed .:to'. indicate.: that- prohibiting. development altogether might be <br /> 54 considered.•to, be "taking" the property for which the City would have to <br />