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<br />Board of Adjustment <br />September 28,2006 <br />Page 4 <br /> <br />transmitter. Mr. Casselberry expressed a concern with the height of the tower and low flying airplanes. Mr. Casselberry <br /> <br />suggested requiring copies of all FCC permits before the variance becomes effective. <br /> <br />After a brief discussion, Mr. Billerbeck asked for a motion for BA 06-12. Mr. McMullen made a motion to deny <br /> <br />BA06-12. Mr. Bowman seconded the motion. <br /> <br />The Board was polled. <br /> <br />Jonathon Miller Yes <br />Earl McMullen Yes <br />Bowman <br />Mary Anne Gauvin Yes <br />Hal Billerbeck <br /> <br />The motion passed unanimously. <br /> <br />Fourth Item of Business: Other Business. <br /> <br />A discussion ensued regarding the appeal of the Board of Adjustment's decision for BA 06-11 , 20 Cobblestone <br /> <br />Court to the City Commission. The Board discussed the certiorari review process. It was stated that the City Commission <br /> <br />could override the Board of Adjustment's decision if it was determined that a procedural error or an error in the findings <br /> <br />occurred. <br /> <br />Ms. Smith read the portion of the Code that dealt with the variance appeal procedure. The Board expressed a <br /> <br />concern with the outcome of the variance appeal. <br /> <br />There being no further business to come before the Board, motion was made, seconded and passed to adjourn. <br /> <br />Tapes of the meeting are available as a matter of pUblic record. <br /> <br /> <br />