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<br />happen would be that any enforceable deed restrictions limiting the property were made of record <br />before a rezoning came to the Board. He explained why he thought their objectives for this <br />property would probably have had more success if it were structured as a Planned Development <br />(PD). Case law allows the Board to reconsider their zoning action within a 30-day appeal period. <br />Chairman Neuberger thought they needed to see if there were three Commissioners on <br />the Board willing to reconsider this matter. <br />Charles Siemon, <br /> Siemon and Larsen, Boca Raton, representing the Applicant, asked <br />them to reconsider this matter. He believed there is a legally enforceable means if a majority of the <br />Board wishes to reconsider this matter. It could be positioned/presented after public hearing and a <br />th <br />defensible rezoning could be granted. He stated the appeal period would expire on the 11 of May. <br />There would be no jurisdiction for a year no matter what the merits are. <br />County Attorney Collins noted it would be a year from the time the application was filed, <br />not from the decision time. <br /> <br />MOTION WAS MADE by Commissioner Davis, <br />SECONDED by Commissioner Lowther, to <br />reconsider this matter. <br /> <br />Under discussion, Commissioner Bowden wanted it on record that she strongly objected <br />to this because again there is no backup. <br />Mr. <br />Vice Chairman Wheeler asked what has changed since the decision was made, and <br />Paladin <br /> advised that the County would get the workforce housing and the developer was willing to <br />meet all the design criteria even though the criteria are not yet in effect and the neighbors would be <br />satisfied with the buffering. <br />Discussion ensued. <br />Vice Chairman Wheeler commented they would be setting a precedent of looking back <br />on something they have already turned down and that was happening too much. <br />May 2, 2006 <br />50 <br /> <br />