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Vice Chairman Lyons felt possibly it would be better to go higher. Discussion continued re the location of the building, and Attorney Stewart noted that the bulk of the building was moved 100' back, the two prongs or ells can be adjusted. The Vice Chairman noted that he hates to make a special exception, but it seems we would be better off in the county if we acted as though the building were going to be built right on the setback line re the elevation and then move back because the further back and the lower we put them, the more pressure there is to cut the vegetation. Attorney Stewart emphasized they want to proceed and hoped the Board would accept the 17' in that it is a natural contour. The Vice Chairman asked the County Attorney how we can do this legally and without setting a precedent. Attorney Vitunac asked if there are any others with approved site plans in the same situation who might want to do this same thing, and Director Keating named Sea Oaks for one. Attorney Stewart felt the question is how many were approved prior to May 8, 1985. Commissioner Wodtke believed if it effectively moves structures back off the dunes, it might be wise to look at these on a case by case basis. Attorney Vitunac noted actually what is i.nvolved is a contract giving 3' of height in return for moving a building away and having a better design of a building. It is hard to say precisely how to do it legally, but he felt the Board should have the power to make a contract adjustment. It would be a precedent for anyone in the same situation. Vice Chairman Lyons wished to determine if the majority of the Commission is in favor of an arrangement that would allow the existing level because we get the advantage of moving the buildings back, and Commissioners Bird and Wodtke indicated their agreement. 77 MAY 2 11986 eooK 6J F �c 5"'3&