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won me neaun department, Soil Conservation Service and private surveyors, but had not been able to establish that the area was a flood plain.
BZA member Sharon Luke maintained that the burden of proof should be on the person, or in this case the county, revoking the permit to show that Robinson’s property actually is in a flood plain. The board voted to allow Robinson to continue to convert the back of the building as long as he didn’t enlarge the building. However, he would have to file for a variance to keep a loading dock he had replaced on the front of the structure since regulations require a 75 foot set-back from the center of the road.
Robinson was also cautioned not to use the building for business pimposes since it does not have commercial zoning. Neighbors had complained that Robinson was running a cabinet building and furniture shop out of his house, according to Konick, who said that he had observed a considerable variety of woodworking tools when he inspected the premises. Robinson replied that he was using the tools in refurbishing the apartment which he admits is intended to house his two “employees.”
Hard feelings were evident between Robinson and Konick as Robinson leveled what Konick characterized as “personal invectives and serious allegations” against him and Konick countered in an effort to discredit Robinson. Chairman Bird called the meeting back to order several times to bring the discussion back to the issues in question.
Since Robinson had a letter from the Health Department approving future construction of a septic system, the flood plain question was dismissed as a hindrance to the apartment construction. Bird told him that he could have the variance for the restoration of the front of the building considered at the next BZA meeting if he files for the , permit within 15 days.
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