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building non -conforming and completely illegal. He also did not <br />believe we are going to get 7' from the FEC. <br />Director Keating felt the whole issue here is to avoid the <br />condemnation process by tying these deficiencies to site plan <br />approval. <br />Attorney Vitunac noted that if there is some impact from the <br />said project, possibly the Board could have 1' of right-of-way <br />dedicated. <br />Commissioner Scurlock wished to know if the Attorney was <br />saying that the Board could take action today and still live up <br />to the intent of the ordinance, and then have staff look at it <br />and recommend a possible modification to address these situations <br />which are unique. <br />Attorney Vitunac confirmed that could be done. He believed <br />the full 7' would be unconstitutional because it could not be <br />justified. <br />Discussion ensued at length regarding a formula to figure <br />out a lesser amount of right-of-way, how to determine the amount <br />of impact, etc. <br />MOTION WAS MADE by Commissioner Wodtke, SECONDED <br />by Commissioner Scurlock to deny the appeal and <br />instruct staff to reevaluate the requirements of <br />minor site plans. <br />Commissioner Scurlock commented that a denial means there <br />would be no dedication of right-of-way at all simply because we <br />can't identify the impact, but he believed that staff has <br />indicated the impact would be minimal. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried unanimously. <br />62 <br />SEP 25 1985 <br />BOOK <br />U� PAGc d <br />