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CHAIRMAN WODTKE STATED THAT HE WOULD NOT SUPPORT MR. ZORC'S <br />RIGHT TO APPEAL, AND STATED THAT HE'WILL VOTE FOR IT ONLY BECAUSE THE <br />LEGAL OWNER HAS NO OBJECTION. HE CONTINUED THAT BASICALLY HE DISAGREES <br />WITH THE AUDUBON SOCIETY'S POSITION; ALTHOUGH, HE AGREES IN PRINCIPLE TO <br />SOME EXTENT, THE CHAIRMAN POINTED OUT THAT IF ANYONE WERE ABLE TO COME <br />IN AND QUESTION ALL THE VARIOUS SITE PLANS, THE PLANNING DEPARTMENT COULD <br />BE SWAMPED WITH REQUESTS FOR EXPLANATIONS REGARDING DRAINAGE, ETC., AND <br />HE FELT IT WOULD BE UNWORKABLE, HE WAS HOPEFUL THAT WE COULD ADDRESS <br />THE PROBLEM AND FELT THE BOARD MIGHT HAVE TO REWORD THE ORDINANCE TO <br />GIVE A LITTLE MORE LATITUDE AS TO WHO ACTUALLY HAS LEGAL INTEREST IN A <br />SITE PLAN, <br />ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER <br />LYONS, THE BOARD UNANIMOUSLY APPROVED HEARING THE APPEAL OF THE SITE <br />PLAN FOR TROPIC GROVE, AS CONSENTED TO BY THE DEVELOPER; THE HEARING TO <br />BE SET AT 11:00 O'CLOCK A.M. AT THE MEETING OF .JULY 5, 1979, <br />ATTORNEY COLLINS STATED THAT HIS POSITION IS LOCKED IN WITH <br />THE TERM "LEGAL INTEREST" BEING DEFINED AS THE PERSON WHO OWNS THE LAND, <br />THE ATTORNEY ADVISED THAT ATTORNEY KILBRIDE HAS WRITTEN AN OPINION CITING <br />OTHER LANGUAGE, SUCH AS "ACCREDITED PERSONS WITH LEGALLY RECOGNIZABLE <br />INTEREST." HE SUGGESTED THAT IF THE BOARD WOULD BE HEARING APPEALS FOR <br />PARTIES OTHER THAN THE LAND OWNERS, THEN THE WORDING OF THE ORDINANCE <br />SHOULD BE CHANGED. <br />COMMISSIONER LYONS AGREED THAT THIS SHOULD BE REMEDIED AS IT <br />REALLY IS THE CRUX OF THIS SITUATION, AND STATED THAT HE WOULD LIKE TO <br />HAVE ATTORNEY COLLINS SEE WHAT CHANGES COULD BE MADE TO CORRECT THIS. <br />MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY OOMMISSSIONER <br />SIEBERT, TO HAVE THE ATTORNEY EXPLORE THE REWORDING OF THE ORDINANCE <br />AND MAKE A RECOMMENDATION AS TO THE COMMISSIONERS' ACTIONS SO THE BOARD <br />CAN REVIEW IT AT THEIR OWN VOLITION. <br />COMMISSIONER LOY NOTED THAT WE HAVE A DEVELOPER WHO ALREADY <br />HAS AN APPROVED SITE PLAN IN WHICH A PROBLEM HAS ARISEN, AND IT IS ONLY <br />BECAUSE OF HIS EXTREME COOPERATION THAT THE BOARD CAN GET -THIS STRAIGHTENED <br />OUT, <br />THE CHAIRMAN CALLED FOR THE QUESTION. IT -WAS VOTED ON AND <br />CARRIED UNANIMOUSLY. <br />29 <br />JUN 2 01979 BOOK .41 PAGE Z9 <br />