November 28, 2017

The Benton County Board of Supervisors met in regular session with Supervisors Wiley and Bierschenk present, Primmer absent. The meeting was called to order at 9:00 a.m. Unless otherwise noted, all actions were approved unanimously.

Bierschenk moved/Wiley seconded: Approve the minutes from Tuesday, November 21, 2017. Motion carried.

Bierschenk moved/Wiley seconded: To approve 7 day’s vacation carry over for Marc Greenlee to be used by February 1, 2018. Motion carried.

The time of 9:15 a.m. having arrived, the board opened the public hearing on a land use change requested by Aaron Brandley couldn’t attend. Adjoining land owner Michael Devera was present. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 1 acres located in part of Parcel A in NE ¼ NE ¼ of section 3-84-9. The request is to change the classification to a new non-agricultural use and create an apartment building within an existing building on the property. This property has an existing well and would need its own septic. Discharge permit might be necessary. This existing lot is surrounded by 13 adjacent lots known as Deer Run Estates. There was 3 phone calls received prior to the meeting from adjacent owners that were opposed to the change. Devera voiced his opposition about the concern of this affecting the value of his property with the proposed use of an apartment.

Bierschenk moved/Wiley seconded: To deny the request for a land use change from agricultural to non-agricultural use on approximately 1 acres for a residential purpose on a parcel generally described as being located in part of Parcel A in the NE ¼ NE ¼ of section 3-84-9. The reason being is this is not a compatible use when surrounded by single family dwellings and this could alter the overall stability of the land use pattern of the area. Motion carried

Bierschenk moved/Wiley seconded: To approve Resolution #17-76, Variance to Sub-Division. Motion carried.

RESOLUTION #17-76

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #72; and

WHEREAS, said ordinance prohibits the creation of multiple splits within a 40-acre aliquot part; and

WHEREAS, said ordinance sets forth the minimum requirements and improvements for subdivisions created in the unincorporated area of Benton County; and

WHEREAS, a request has been presented to the Board of Supervisors by Victor Jones to vary the required provisions in Article IV, Sections 4.01 through 4.04; Article V, Sections 5.01 through 5.07; Article VI, 6.1 through 6.03; and Article VII, Section 7.01 of the ordinance to allow one additional division on a parcel located in the NE ¼ SW ¼ of 2-85-9.

WHEREAS, an additional request has also been presented by Victor Jones to vary the ordinance in its entirety for the division of real property located in the NW ¼ SE ¼ of 2-85-9, owned by Ralph and Lorena Karr.

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #72 are hereby varied as stated for the division of real property located in a parcel within the NE ¼ of SE ¼ and a separate parcel in the NW ¼ of SE ¼ both in section 2-85-9. These two parcels will be contiguous after ownership is transferred.

Adopted this 28th day of November, 2017.

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Todd A. Wiley, Chairman

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Rick Primmer

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Gary Bierschenk

ATTEST:

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Hayley Rippel, Benton County Auditor

Bierschenk moved/Wiley seconded: To approve Resolution #17-77, Abatement of Tax. Motion carried.

RESOLUTION #17-77

ABATEMENT OF TAX

WHEREAS, The Benton County Treasurer has reported that there are currently taxes due on parcels and that it is impractical to pursue collection of the total amount of taxes due and has recommended that the board of supervisors compromise the taxes on these parcels,

IT IS THEREFORE RESOLVED that the delinquent tax, penalty, interest and costs assessed on the parcel #14866 is unpaid through the 2017 assessment year, are hereby compromised pursuant to Iowa Code 445.16.

IT IS THEREFORE RESOLVED that the delinquent tax, penalty, interest and costs assessed on the below listed parcels are unpaid through the 2017 assessment year, are hereby compromised pursuant to Iowa Code 427.2.

470-07400

470-07550

470-07850

Dated this 28th day of November, 2017.

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Todd A. Wiley, Chairman

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Rick Primmer

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Gary Bierschenk

ATTEST:

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Hayley Rippel, Benton County Auditor

Bierschenk moved/Wiley seconded: To adjourn. Motion carried.

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Todd A. Wiley, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor