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1) The grandfathered provisions under the Zoning Code that <br />Mr. Putnam relied on relate to non -conformities due to <br />zoning. They do not relate in any way to non -conformities or <br />differences established in the Comp Plan, which is what we <br />have in question here. As far as the Zoning Code is <br />concerned, this property always has been in conformance <br />because it was and still is zoned commercial. Therefore, <br />the provisions Mr. Putnam relied on are just not applicable. <br />2) The only question comes down to the wording in the Comp <br />Plan and what the intent of the Board was when they adopted <br />it. Attorney Brandenburg believed that Mr. Putnam's <br />interpretation is that the actual use itself, such as a gas <br />pump for instance, is what the Board was considering making <br />consistent with the plan and, therefore, any other <br />commercial use, no matter what it would be, would be an <br />additional use that would not necessarily be consistent with <br />the plan. That is the most narrow way that provision can be <br />read. In the past the County has not applied that provision <br />so narrowly, and there have been instances where an <br />individual with valid commercial zoning in existence at the <br />time the plan was adopted was allowed to develop further <br />commercial uses on his property, which is the case here. <br />Louis Williamson, resident of Vista Royale, pointed <br />out that until you get to the area north of the South Relief <br />Canal on U.S. #1, the speed limit is 55 mph and reported <br />that a person was killed in an accident on that bridge just <br />last year. He also pointed out that there is no access <br />from this piece of property for southbound traffic. In <br />addition, the site plan does not provide any access for <br />dredging the canal, but Planner Goetzfried advised that <br />there is a 250 -ft. right-of-way for the canal and the canal <br />is in the center of that right-of-way. <br />61 <br />SEP 19 1984 Booz 58 mu 383 <br />J <br />