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<br /> <br /> <br /> <br /> <br />Attorney Barkett <br /> felt that the conceptual plan governs the use of the property. He did not <br />. <br />feel that a disapproval based on density would withstand legal scrutiny <br /> <br />Keith Pelan, <br /> Kimley-Horn, noted that the elevation on A1A was slightly lower than the <br />dune side of the property. The back side, toward the ocean, is quite a bit higher, and the garage has <br />no opening on the beach side. <br /> <br />Bill Glynn <br /> asked that, if the developer still wants the cabanas, some restriction should be <br />added that they would not be allowed to rent those units. He asked the Board to cap the density at <br />6 units per acre and, if the cabanas are allowed, not to allow kitchens in them. <br /> <br />Keith Pelan <br /> commented that The Seasons has 100 single-family units on 40 acres and each <br />unit has an accessory guest house. These have never been calculated as separate units, but are part <br />of the living unit. The additional parking spaces are just for guests. He believed the applicant was <br />just asking to be treated like everyone else up and down the beach. <br /> Chairman Ginn noted that we do have a motion on the floor. <br />County Attorney Collins stated that there is no zoning issue before the Board today. The <br />Board can either approve or deny the appeal. The motion was to approve the development without <br />the cabanas. <br />Chairman Ginn requested that Commissioner Macht RESTATE THE MOTION. <br />Commissioner Macht stated that the motion was to grant the appeal and deal with the <br />cabanas as living units due to obvious concern with the density. <br />Once the motion was restated, Chairman Ginn withdrew her second and THE MOTION <br />DIED for lack of a second. <br /> <br />MOTION WAS MADE by Commissioner Neuberger, <br />SECONDED by Commissioner Lowther, to find that <br />the Planning & Zoning Commission decision did not <br />OCTOBER 19, 2004 34 <br /> <br />