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- M <br />applied to this property is illegal; it is confiscatory; and if <br />the Commission does pursue it, he will litigate and the <br />Commission will end up paying his fees for proving inverse <br />condemnation. He further noted that it will be a cold day in <br />August before the County gets any land from the FEC. Attorney <br />O'Haire talked about the right-of-way on U.S.I, which was four <br />laned to ease the pressures on Old Dixie. He believed if the <br />Board set a policy of getting additional right-of-way on Old <br />Dixie, it would be completely arbitrary because it is such a mix <br />of residential and commercial, and he again emphasized that to <br />require his clients to give 3600 sq, ft, of right-of-way to put <br />in a 900 sq. ft. building - a multiple of 4 in land area - is <br />illegal. Further, there is an equipment shed some 100' in <br />length, which if the right-of-way were granted, would be within <br />11' of the right-of-way of Old Dixie, and this would create <br />another illegality or non -conformity. Attorney O'Haire <br />emphasized that this matter comes to the Board with the unanimous <br />recommendation of the Planning & Zoning Commission that the <br />ordinance not be enforced. He felt it is absurd that they have <br />been four months just trying to get to a point where they can <br />apply for a building permit for 900 sq, ft. of office space. <br />Commissioner Scurlock asked about other roads with a <br />similar situation, i.e., where there is no realistic possibility <br />of really needing that R/W or having an ability to expand the <br />road system. Public Works Director Davis stated that the only <br />tool we have at this time to make that judgment would be the <br />20 -year plan that.Barton-Aschmann is working on. They say that <br />this area of Old Dixie will not be over capacity, but they do _ <br />feel the need for left turn lanes, etc., to mitigate development <br />impacts. <br />Administrator Wright encouraged the Board not to look at <br />this from the perspective of changing our road classification <br />system, but to look at it from a perspective of whether we want <br />to require right-of-way dedication for minor site plans. <br />SEP 25 1985 <br />BOOK PAGE, <br />