A petitioner identified in the record as Mr. Applequist asked the hearing officer to recommend a variance that would allow rebuilding a small outbuilding in its former location inside the county setback after a storm destroyed the structure.

Mr. Applequist said the previous three-sided building "was destroyed" by "straight line wind" and hail, that "the whole roof was gone" and that the building was displaced about 50 feet from the main house. He told the hearing officer the property already has a water tank and electricity at the location and that those utilities are the primary reason he wants to rebuild on the same footprint for storage needs.

The hearing officer reminded the petitioner that the burden is on the petitioner to show the petition should be granted and asked specifically for evidence of a "compelling public necessity" required to continue the nonconforming setback under the county code. The petitioner described limited space near the water tank and said the replacement would be "just an egg building that we would like to put back where the existing building was at." The hearing officer noted they must follow the county code and asked for testimony to satisfy that standard.

No final decision was made at the hearing. The hearing officer said they do not have authority to grant or deny the variance and that they will prepare a written report to present to the Lee County Board, which will vote on the petition. The hearing officer indicated they expect to have the report ready in time for the county board meeting on Nov. 20.

The petitioner asked whether to attend the county board meeting; the hearing officer confirmed the board will cast the final vote and that staff (Miss Hinkle) will provide the petitioner a copy of the hearing officer's report once it is complete.

No formal vote or county board action was recorded at the hearing itself; the matter remains pending the county board's review of the hearing officer's written report.