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<br />" <br /> <br />@ <br /> <br />Cox: Is there a second to that motion? <br /> <br />.. <br /> <br />Yes <br /> <br />. <br /> <br />Cox: Anymore discussion? All those in favor say aye. Opposed? <br />you know of anything more, at this time, that we should discuss? <br /> <br />Motion carried. <br /> <br />Do <br /> <br />Goodrich: The records should reflect that at the Mayl2, 1975, meeting the Council <br />established for the remainder of the year a fee of $90.00 for appeals. This then, I <br />would assume, would carry thru the first council meeting of March, 1976. <br /> <br />Cox: Do you have anything else, at this time? <br /> <br />Goodrich: No, I do not. <br /> <br />Cox: We should nm, go ahead and proceed with the regular board of adjustment. It will <br />be the first meeting of this board of adjustment. We have a force appeal, and I would <br />like to mention a few things to the individuals of the communitY';fho have the appeal <br />before us and under the statutes, we have devised a notice of public l;tearing, and we <br />have the affidavits to cover that and according to the laws of Section 8 of our zoning <br />Ordinance as well as the MSA 462.354, Sub-division 2, MSA 462.357, Sub-division 6, <br />According to those laws, we are required and are presently having this board of adjust- <br />ment. Any person wishing to testify and present facts \-Jill be sworn under oath <br />as appropriate. And testimony \-Jill be either continued or concluded at this meeting. <br />Minutes of this meeting as well as the formal appeal will be forvlarded to the Planning <br />and Zoning for its recommendation persuant to the statutes and after recomendation has <br />been received, the appelants will then be advised of a meeting to review the minutes <br />of this original meeting and planning and zoning findings to make the final decision <br />for this appeal. Do you have anything you want to add to that? <br /> <br />. <br /> <br />Goodrich: Yes. The statutes and the Ordinance require that persons wishing to testify be <br />sworn. The board to have any opportunities to ask questions of any witness and anyone <br />who wants to may testify. There is no requirement that anyone who testifies using <br />subpeona power or anything like that. Pending, Chairman, I think you have the opportunity <br />to ask questions, but there's his absolute right that the person doesn't have to answer. <br />This is not a court. <br /> <br />Reimann: Does he have to be pad before the proceeding can begin? <br /> <br />Cox: We have to receive the $90.00 prior to the proceeding which is tonight. <br /> <br />?: No, not necessarily. I would think that fee would be paid prior to the findings <br />being sent to the account. <br /> <br />Cox: At this time, we can proceed wiGh anyone who wishes to present someone who wishes <br />to present facts to this Board of adjustment. <br /> <br />Alfred: Mr. ~hairman, I have some motions I would like to make before you hear any <br />evidence. <br /> <br />Cox: Is this in accord? <br /> <br />1; Mr. Albert, are you testifying? <br />