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<br />9 <br />A Notice of Violation (NOV) was issued to Five M’s on March 1, 2018 for encroachments <br />into the required 100’ undisturbed buffer in various locations around the Stewart Property <br />(PIN 5556-47-8315). <br />An additional NOV was sent to Five M’s LLC and included citations for: <br /> Violation of Conditional Use Permit 2017-00001 (Condition 6) <br /> Encroachment violations including clearing within the 100 ft. vegetative buffer <br /> Arrays/Racking placed within the 100 ft. setback buffer <br /> Waterbody Buffer Zone violation across Bost Creek <br /> Floodway and non-encroachment area has been disturbed through Bost Creek <br /> Waterbody Buffer Zone violation around identified wetlands <br /> <br />The NOV sent to E.T. Bost III included citations for: <br /> Encroachment violations including clearing within the 100 ft. vegetative buffer <br /> Arrays/Racking placed within the 100 ft. setback buffer <br /> <br /> If the Board is satisfied with the information provided related to the V iolations on <br />the site, the Board should enter that information into the record and consider the <br />next item. <br /> If the Board is not satisfied, the Board needs to provide specific direction to the <br />Applicant for compliance. <br />RESPONSE TO COMMENTS PROVIDED TO THE BOARD OF ADJUSTMENT AT <br />THE FEBRUARY MEETING (SEE RESPONSE DOCUMENT) <br />Applicant provided a response to comments letter dated January 24, 2019 to the Board <br />of Adjustment at the February Meeting. Staff has reviewed the responses. Comments <br />are provided in red on the document. <br />CONDITIONS OF APPROVAL (SEE CONDITIONS OF APPROVAL) <br />Staff provided a list of proposed conditions of approval with the initial staff report. The <br />applicant submitted a rebuttal to those conditions to the Board at a previous meeting. <br />The Board of Adjustment will need to work through and review the proposed Conditions <br />of Approval for CUSE2018-00004. <br />