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NOV 21993 s: <br />Dom( <br />avenue, short of court action, for Mr. Ennessy Is appeal to <br />be heard. <br />Commissioner Lyons felt that the County has done <br />everything properly and though he does not like the setbacks <br />on U.S. #l, he did not see any possible way for Mr. Ennessy <br />to appeal the approval of Luria's site plan. <br />Chairman Bird stated that even if the Board would grant <br />the request to hear the appeal, he was not sure that this <br />Board would have the ability to go in and overturn a site <br />plan approval unless it was granted improperly, and staff <br />feels it was done properly. <br />MOTION WAS MADE by Commissioner Scurlock, <br />SECONDED by Commissioner Bowman, that the <br />Board deny Ennessy Buick -Cadillac, Inc. <br />their request to appeal the Luria's Shopping <br />Center site plan approval. <br />Commissioner Wodtke asked if there was any possible way . <br />that the appeal could be heard and Attorney Brandenburg also <br />Sympathized with Mr. Ennessy's position in this and wished <br />he could find a way to hear it, but that would be opening up <br />every site plan that has been approved. He could not see <br />rendering an opinion to allow appeals to be heard forever. <br />Commissioner Bowman felt that it was a shame that Mr. <br />Ennessy was not notified, but agreed that the. County has <br />done everything properly. She suggested that Mr. Ennessy's <br />only alternative would be to -discuss this directly with <br />Luria's. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />The Motion was voted on and carried unanimously. <br />42 <br />