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Assistant Community Development Director Frolik explained the City has met the intent of the <br />public hearing notification. The information about the property being located west of Variolite <br />Street and east of Nowthen Boulevard was a typo, but there was a site location map included <br />with the hearing notice that should clear up any misunderstandings. <br />Acting Chairperson Van Scoy asked Mr. Overtoom if there is any ambiguity to the site map. <br />Mr. Overtoom replied the map is accurate to the best of his knowledge, but the description of the <br />property is in error. Since the government of the United States and the government of the City of <br />Ramsey operates on a process and the process requires proper notice for a hearing such as this, he <br />does not believe that proper notice was given because of the ambiguity and the two typo errors in <br />this notice. Therefore, this hearing should not take place; it should be properly noticed with the <br />proper description of the property and the proper maps. <br />Acting Chairperson Van Scoy clarified with Assistant Community Development Frolik that the <br />appropriate people received the site map. He asked Mr. Overtoom if he has any questions about <br />the location of Brookfield Addition. <br />Mr. Overtoom responded in the negative. <br />Acting Chairperson Van Scoy requested clarification that Mr. Overtoom is suggesting the public <br />hearing be cancelled based on the technicality of the typo in the notice. <br />Mr. Overtoom replied yes. Immediately upon receiving this notice they notified the City of <br />Ramsey Planning Department of the error and asked them to properly send out notice so a <br />hearing could be performed at the proper time and within the proper notification. That was <br />requested 10 to 12 days ago. <br />Board Member Brauer asked if it is Mr. Overtoom's feeling that the improper notice may have <br />had an impact on who showed up or didn't show up for the hearing due to the misunderstanding. <br />Mr. Overtoom replied if he were to read this notice of the property being west of Variolite Street <br />he would not have cared about it whatsoever. It is quite possible that residents could have <br />thrown the notice away because of the typo. There could be a number of people that are not here <br />tonight and do not have their say because they did not fully read the notice. The process of <br />government requires that all opportunity be given to the citizens of the community. <br />Associate Planner Dalnes indicated the legal description included in the notices is correct; the <br />general description provided was in error. The general description is included to supplement the <br />map, but it is not a statute requirement. The public hearing requirements have been satisfied. <br />Board Member Brauer inquired about the City Attorney's advice on proceeding with this public <br />hearing. <br />Board of Adjustment/December 7, 2006 <br />Page 3 of 16 <br />