Hearing on Dollar General development continued after neighbor requests more time; board cites continuance rule

An adjacent resident asked the drainage board on Sept. 2 to continue the Dollar General drainage hearing, saying he received notice only about a week earlier and needed more time because of the holiday weekend.

Dave Heller, who identified himself as an adjacent property owner, asked for a continuance to "look into it a little bit, talk to some people" and said five working days plus a holiday did not give him adequate time. The petitioner, represented by Dave Peters of Chamlin and Associates (and an Overland Engineering representative present), said the project had been approved by the board in May but that notification errors to the planning commission required the petitioner to return so that notices and procedural steps were correct.

A board member read section 4 of the board's rules of procedure regarding continuances, noting that "other interested parties... may obtain 1 continuance in total as a matter of right and without cause shown" and that the rules "encourage" but no longer require written requests five business days before the hearing. The board concluded the resident's request met the rule provision for a continuance as a matter of right and voted to continue the item.

Outcome and scheduling: The board granted the continuance and rescheduled the Dollar General item for the Oct. 7 meeting at 6 p.m.; the board stated there would be no additional mailed notice. The board advised the resident to coordinate with petitioner and staff before the next meeting to identify drainage concerns.

Why it matters: The continuance arose from prior notification irregularities and affirms the board's rule that an interested party may obtain one continuance as a matter of right; the board's interpretation of the rules clarified how timing and holidays affect requests.

Ending: The item will appear at the Oct. 7 meeting; the board directed the parties to work with staff and petitioner ahead of that date.