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Chairperson Van Scoy closed the regular portion of the Board of Adjustment meeting at 8:10 p.m. in order to conduct the public hearing. Public Hearine: Chairperson Van Scoy called the public hearing to order at 8:10 p.m. Presentation Associate Planner DaInes recommended the applicant be directed to withdraw the variance application or that the Board deny the variance, per the action taken by the Planning Commission regarding the request for a Conditional Use Permit. Board Member Nixt suggested the preferred action would be to deny the variance. Associate Planner DaInes indicated the only drawback of denying the variance would be if the applicant were to ever come back with a revised plan. Board Member Nixt pointed out that denying the variance would eliminate the possibility of the variance being granted by default due to the timeline. Citizen Input There was none. Motion by Chairperson Van Scoy, seconded by Board Member Nixt, to close the public hearing. Motion Carried. Voting Yes: Chairperson Van Scoy, Board Members Nixt, Brauer, Cleveland, Hunt, Levine, and Trites Rolle. Voting No: None. Absent: None. The public hearing was closed at 8:12 p.m. Board Business Chairperson Van Scoy called the Board of Adjustment meeting back to order at 8:12 p.m. Motion by Board Member Nixt, seconded by Board Member Trites Rolle, to adopt Resolution #07-06-132 adopting Findings of Fact #0794 in support of the City denying the request from T- Mobile USA for a variance from rear yard setback standard for a telecommunications tower in Alpine Park in light of the approval of the revised site plan approved under Planning Commission Case No.1. Board Member Trites Rolle noted the date included in the findings of fact should be corrected. Board of Adjustment/ June 7, 2007 Page 3 of5