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FEB 19 196 BOOK 6 3 <br />Director Keating explained that if it was zoned commercial <br />and used commercial at the time the Comp Plan was adopted, they <br />can change the use, expand the use, or sell the property to <br />someone who could change the use as long as it was a legally <br />conforming use. <br />Chairman Scurlock felt that was another reason not to <br />include it in the node. <br />Commissioner Lyons certainly did not want to encourage <br />expansion of commercial in that area and wondered why the node <br />had to go towards the river instead of extending between the <br />railroad tracks and U.S. #1. <br />Mr. Shearer explained that there have been a number of nodes <br />that straddle the MXD area, such as the Oslo Road/U.S. #1 node, <br />where the node acreage is not sufficient to include all the MXD <br />area. Staff has dealt with these situations by putting the node <br />on either side of the MXD area. <br />Mrs. Timinsky stated that seven generations of Kroegels have <br />continued to live on that land and they don't intend to change <br />it. They wish to keep it the way it has been for the last 100 <br />years. <br />ON MOTION by Commissioner Lyons, SECONDED by <br />Commissioner Bowman, the Board unanimously closed <br />the Public Hearing. <br />Commissioner Bird asked if we have the legal ability today <br />to expand the node beyond the 40 acres, and County Attorney <br />Charles Vitunac advised that the hearing was advertised in such a <br />manner that would not allow the boundaries to be changed without <br />having another public hearing. <br />Mr. Shearer advised that although they could not add to the <br />40 acres today, they might be able to delete, but Commissioner <br />Bird did not feel right in deleting anything because those owners <br />might not be here to day to object. <br />31 <br />