7/10/1985 - Laserfiche WebLink

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I Director Keating noted that this is an unusual situation in the road reservation area. If there was not a building already in it, we would require the dedication of the entire 40' but because of the existing structure, we couldn't require the dedication. He further explained that we allow people who have a building which encroaches into an area that would need to be dedicated to put other improvements in that area, and it is done with the consent of the property owner that would not be included In any compensation the county gives when this needs to be acquired. Discussion followed at length about the existing building in the right-of-way and whether we would have to buy the building if we wanted to widen the roadway in the future. Attorney Brandenburg stated that if the existing building is in the right-of-way, we would have to buy it, but he believed the owner is willing to enter into a removal agreement with respect Q to any new structures placed in the reserved area. Mr. Fleckenstein did not understand if the right-of-way is reserved and at some point in the future could become county property, how the Board now could logically allow parking to be placed on it. Vice Chairman Scurlock stated as he understood it, we don't have any right-of-way reserved right now, and as part of the site plan, the applicant is agreeing to reserve the right-of-way. The Board continued to discuss the right-of-way problem, and Vice Chairman Scurlock asked if we could require dedication of everything except the actual portion where the building is. Attorney Brandenburg pointed out that it wouldn't do the county any good anyway because then we would have to come back and condemn the property the building is on and pay severance damages for the rest of the site, and Mr. Hiers wouldn't have enough space for his parking without being allowed to use the reserved property. 63 BOOK � r,]