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It was clarified for Vice Chair Bowden that Mr. Barkett's invitation from staff to <br />appeal the decision was done publicly. <br />Chairman Wheeler although not disagreeing with some of Mr. Barkett comments, <br />interpreted the matter differently. He did not think it should be a consideration to change the <br />zoning because it means more profit. <br />Mr. Barkett believed it should be a consideration because there were no adverse <br />impacts to the neighborhood. He agreed that if it is consistent with the County's Comprehensive <br />Plan, with its Zoning Code, and it might help make a profit, then the Board should approve the <br />request. <br />Chairman Wheeler disagreed with Mr. Barkett and did not think the Commission <br />should be a determining factor about what the profit level or motivation is on any rezoning they do. <br />He felt the Board should look at it individually and independently and make a decision based on <br />that, and not that it is going to make less or more money. <br />Mr. Barkett reminded Commissioners that they have to comply with the law if <br />there are no adverse impacts or incompatibility with the request. <br />Attorney Collins concurred that Mr. Barkett was correct, that if his client could show <br />they are consistent with the plan, then they are presumptively entitled, and the burden shifts to the <br />Board to show that not changing it to the use that is consistent with the plan, serves some general <br />purposes and is not unreasonable and arbitrary. He did not think the Board was required to rezone <br />the property, but thought they had to have reasons for not rezoning it, and so long as they were not <br />arbitrary and unreasonable, they have some discretion. <br />John Lambert wanted to clarify that the community was previously against RM -6 <br />zoning for this property. He again voiced the community's opposition to the request and provided <br />various reasons including case law to support their cause. He did not believe the rezoning was in <br />July 10, 2007 21 <br />