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Milford Board Of Adjustment Revisits Gym Permit

November 22, 2014

(Milford)– It’s been nearly a year since Milford’s Board of Adjustment approved a special exception use permit allowing the construction of a new gym and mezanine at Okoboji High School. The very same issue was before the board again Thursday evening in a meeting that went on for almost three hours.

Neighbors Don and Judy Brinkley opposed the construction of the new gym, which is now nearly complete. Siting concern over lights, traffic flow, parking, congestion and other issues, they contended the new gym should have been built on the west side of the existing high school, instead of the south. They contested the matter to district court. The case was reviewed by two judges in separate cases. Thursday evening’s meeting was the result of a judge’s ruling in one of the cases that remanded the matter back to the Board of Adjustment with instructions that they must make decisions based on the finding of facts of law and must state that in their decisions.

The board heard comments from the Brinkley’s and other neighbors opposed to the project as well as school officials who urged the board to once again grant the permit.

After hearing further comments and reviewing possible conditions that could be attached to a permit, a motion was made for the board to recess until Monday. It failed on a two-two tie vote. One member was absent from Thursday’s meeting.

After about another hour of comments and a review of a list of finding of facts, the board voted four-to-nothing to approve the permit with one condition: that the school put up a vegetative screening along the perimeter of the Brinkley property. The board also recommended the Milford City Council address on-street parking near the high school; and they directed the school board to consider the feasibility of constructing another access to the high school off sixth street.

Superintendent Quentin Reifenrath was very pleased with the Board of Adjustment’s action granting the permit, saying the school followed the proper procedures and that everything they did was in accordance with city code.

Don Brinkley expressed his disappointment, saying having the condition attached is better, but he says the fact of the matter is they lost their home when the school board made the decision to build where they did. Brinkley went on to say, “It still has another legal step to go yet. We’ll see what has a judge to say.”

A judge will review the Board of Adjustment’s finding of facts at a hearing June 10th in Dickinson County District Court.