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Servicemen's Memorial Cemetery plat tabled after owner and VFW raise survey concerns
Summary
The Planning Commission postponed action on a plat to transfer a picnic shelter area and site for a restroom at the Servicemen's Memorial Cemetery after the cemetery association and VFW raised concerns that the survey is inaccurate and that buyers/sellers were not notified during the survey.
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The Mitchell Planning Commission voted to postpone consideration of a plat involving the Servicemen's Memorial Cemetery after representatives from the Servicemen's Memorial Cemetery Association and the VFW raised concerns about the accuracy and notification process related to the parcel survey.
Staff said the parcel sits in the county but within the city’s zoning jurisdiction and that the applicant planned to plat off a picnic shelter area and a site intended for a future restroom; once platted the property would be transferred and the city would take over maintenance.
Dwight Statler, treasurer of the Servicemen's Memorial Cemetery Association, asked the commission to table the item. Statler said the survey used to create the proposed legal description is incorrect — he estimated it is two to three feet off on the north boundary and that the west boundary appears to run along the picnic shelter concrete rather than offset as agreed. Statler also said neither buyer nor seller were notified to be present during the survey and said the parties would meet with their attorney the next day to resolve the error.
Statler asked the commission to postpone action until the survey is corrected and the parties have had an opportunity to resolve the discrepancy. The commission accepted a substitute motion to postpone; the postponement passed on a voice vote. The item will return to the commission after the parties resolve the survey issues, the cemetery representative said.
Decision: Plat postponed by motion to table; no final action taken.

