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DESCRIPTION AND CONDITIONS: In December of 1984, a site plan application was submitted by Darrell McQueen, P.E. on behalf of the Clock Restaurant, Inc. The submittal was prompted by an order issued by the Code Enforcement Board, which required the applicant to comply with current development code regulations, or to re -construct the site as it was originally approved in 1976. The basis for the Code Enforcement Board order was the fact that the site was developed in conflict with the approved site plan as well as in conflict with various zoning code requirements, and this constituted a violation of county ordinances. The order required the applicant to submit a site plan application depicting proposed site improvements which will comply with the requirements of the stormwater management ordinance, the landscape ordinance and the off-street parking ordinance.. The Clock Restaurant is located on the northeast corner of U.S. Highway 1 and 14th Street. On January 24, 1985, the Planning and Zoning Commission ap- proved a revised site plan application which is in conformance with the order issued by the Code Enforcement Board. Pursuant to Section 23(i) Appendix A of the County Code, Robert Mooney and Sandra Howard d/b/a the Patio Shop, filed an appeal with the Board of County Commissioners to review the action of the Planning and Zoning Commission. The Patio Shop is located on the southeast corner of U.S. Highway #1 and 14th Street. The appeal is based'on the off-site improvements which are to be constructed within the 35 feet lying between the Clock Restaurant and the Patio Shop. The 35 feet, commonly known as 14th Street is by record, private property owned by an indi- vidual; however, in reality, a prescriptive easement probably exists over the paved area, which provides access to a number of businesses located on 14th Street. At this time, the County is in the process of negotiating with the private property owner to acquire that portion of 14th Street which is not owned by the public. RECOMMENDATION: The Planning staff recommends the public hearing be tabled until May 22, 1985, pending final resolution of the 14th Street issue. Mary Jane Coetzfried, Chief of Current Development, presented staff's recommendation that the public hearing be tabled until May 22, 1985, pending final resolution of the 14th Street issue. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. 39 BOOK 60 PAGE 8,634