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DEC 18 198 <br />Bou 63* PAGE 7 <br />Commissioner Scurlock inquired how many lots they could get <br />on the proposed plan with a minimum lot size of 751. <br />Mr. McQueen felt probably in the neighborhood of 42 lots, or <br />six less. They would lose all of their density transfer, and <br />conditions do require that they have 55' lots. He stressed that <br />water and sewer have been provided for on this site. <br />Commissioner Bowman inquired about the elevation that would <br />be required on the property that backs up to the diked area. <br />Mr. McQueen advised that the elevation by the river is about <br />4' and the flood elevation is about 61; he, therefore, would <br />anticipate 2' fill near the river. He explained that the diked <br />area is a mosquito impoundment which has been cut off from the <br />river and does not flush into it. <br />Commissioner Bowman asked if they would open the dike so <br />this area could be flooded again, and Mr. McQueen stated that he <br />has checked this with the developers and neither they nor those <br />to the south would object. <br />Commissioner Bowman felt they would have to do this for <br />protection against mosquitoes, and Mr. McQueen noted that they <br />would work this out with Mosquito Control re the walkway they <br />have permitted through there. <br />Commissioner Bowman then pointed out that they are in an <br />aquatic preserve and would have a problem with docks. <br />Mr. McQueen felt this is a unique situation because they <br />believe this owner actually owns those submerged lands, and if <br />there is a fee simple ownership, the aquatic preserve does not <br />apply. <br />Attorney Michael O'Haire came before the Board representing <br />the property owners across the street to whom this same developer <br />sold land under entirely different circumstances. Attorney <br />O'Haire believed this is one of the most grievous efforts to <br />avoid the zoning law that he has ever seen, and emphasized that <br />without reducing the lot size and width that the zoning would <br />otherwise require, these undersized lots could not be "shoe <br />74 <br />