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Business trailer will remain for 18 months years ago

Marion County Commission set numerous precedents Feb. 1 when it allowed a non-compliant trailer house to remain in place for an additional 18 months instead of 30 days, and disregarded the county's zoning regulations and decisions made by the county's zoning appeals board.

Neil Hett was cited in November by county public safety officer David Brazil for moving a 1960s trailer house on his property to be used as an office for his home business.

After Hett was cited, he appeared before the county commission and asked for special permission to keep the trailer house instead of applying for a variance through the county's board of zoning appeals. After his appearance before the commission, Hett was instructed to apply for a variance.

On Jan. 26, the zoning appeals board reviewed Hett's application and despite efforts by appeals board members to find a way to allow the trailer house to remain, the board voted 5-1 to deny the variance.

Brazil reported the results Feb. 1 to the commission and said typical procedure was to allow Hett 30 days to remove the structure. Brazil explained that decisions made by the board of zoning appeals were final. The only recourse for the applicant was to challenge the decision in court.

"I don't want to spend tax dollars fighting it," said commission chairman Dan Holub, and made a motion to have the trailer removed in one year.

Commissioner Randy Dallke said he wanted more discussion before voting on the motion.

He asked Brazil to define a trailer or mobile home, which Brazil did.

"I think this is different because it is not a residence," Dallke said. He added that Hett's busy season with the landscaping business was March through November. Dallke said he wanted Holub's motion extended to November 2007.

Brazil said that typically the individual out of compliance was given 10-190 days to become compliant.

Holub agreed with Dallke's change to the motion and the motion carried 3-0.

Dallke said he had three people contact him and encouraged the commission to work with new businesses. Holub said he also had pressure from constituents to find a way to allow the trailer to remain despite zoning regulations that prohibit it.

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