9/11/1985 (2) - Laserfiche WebLink

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SEP 18 1985 BOOK and that Mr. Law was President of the corporation and Mrs. Law was Vice President. A determination was made at that time that he was just trying to get around the site plan ordinance; however, even though we assume he did it to get around the site plan ordinance, this is a lawful conveyance of property to a corporation. Attorney Mann pointed out that the reason why it was conveyed has nothing to do with it; the point is that the site plan presented is on the front parcel fronting U.S. #1. The back parcel is the one that fronts on Old Dixie, and if it is sub- sequently reconveyed to Mr. Law, he must come back in for an application to develop that property. At that point he would have no choice but to access from Old Dixie. However, the intention was not to utilize these two parcels, just the front parcel. Commissioner Scurlock asked if there was a way we could tighten up our ordinance in order to keep them from circumventing it. Attorney Vitunac did not feel we needed to tighten our ordinance because our controls are on the separation of the two properties, with setbacks and site plan, and we can make sure that the two properties never join up. Commissioner Bird felt it was unreasonable for passing traffic on U.S. #1 to have to find a place to turn back and then find a marginal access road to reach a site, especially a retail establishment. Attorney Mann recalled that she was here at the time the site plan ordinance was adopted and had suggested that "may" instead of "shall" be inserted into the language to provide the Board the ability to look at these marginal access situations. Commissioner Wodtke asked if there was enough set aside for the marginal access right-of-way, and Director Keating explained that in this case the property to the north was developed in such a way that it would not accommodate a marginal access road. 46