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r DEC 11 1985 <br />BOOK 62 PAIJE 9 72, <br />it was right for government to take property; all he is asking is <br />to let him have his property and.his U.S. #1 curb cut. He <br />offered to do what Director Keating suggested relating to a <br />50 -ft. road, where he would pay for it, or a 40 -ft. road, and get- <br />away from the long through way where people could be hurt coming <br />out of the facility. <br />Commissioner Scurlock asked if he was hearing Mr. Penalba <br />say that he was willing to donate the 10 feet, but wanted to keep <br />the curb cut -on U.S. #1, and Mr. Penalba indicated he was saying <br />that. <br />Commissioner Bowman suggested closing the north entrance in <br />order to solve the traffic hazard, and Director Keating confirmed <br />that Commissioner Bowman's suggestion was feasible. <br />Chairman Lyons pointed out that once again we are back to <br />the ordinance, and Commissioner Scurlock stated that they have to <br />give the 10 feet, but they don't have to give up the curb cut. <br />Mr. Penalba argued that you don't give up an existing curb <br />cut, but Director Keating stressed that the ordinance states that <br />sites fronting at an intersection are to have access on the road <br />with the lower classification designation. <br />Chairman Lyons noted that the Board has continuously <br />insisted that access to property that lies between two streets is <br />to be through the lesser thoroughfare, and wanted to know what <br />was the difference in this case. <br />Commissioner Scurlock felt that this is different because of <br />the existing curb cut. <br />Chairman Lyons asked that this matter be brought to a <br />decision. <br />After conferring, Mr. Penalba, Mr. Culler and Attorney <br />Albrecht suggested that they be allowed to use the 10 feet in <br />calculations for green space, parking and building requirements, <br />and when the County needs it at some future date, they can have <br />it. He repeated that they still feel that they are entitled to <br />both requests, the curb cut and the 10 feet. <br />34 <br />