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OCT 21 1986 BOOK 66' PAGE 1P� Attorney Grail offered to put a deed restriction on his frontage property immediately stating that this property will be used only for his law office, and then when this comes back from - the State, the Board could approve it subject to his deed restrictions. Assistant County Attorney Bruce Barkett advised that although the Board can rezone this property to Commercial, they would have to do it with the knowledge that it may not be used by Mr. Grail for the purposes he intends and that it may be used to the fullest limits allowed in Commercial. The Board can amend the Comp Plan to redesignate this property to Commercial, and once that is done, Mr. Grail is free to place whatever restrictions he wants on his property. He does not need to bring those restrictions back to the Board, as mthey cannot—be made .a_ _ condition of site plan or anything else. COMMISSIONER LYONS' Motion that this request be denied on the basis that we do not haye a vehicle at the present time to accommodate it failed for lack of a second. Local attorney Steve Henderson suggested a vehicle similar to the one that was.used by the Vista Royale Property Owners Association recently, where -a restrictive covenant was created prior to any decision by the Board, which restricted the property to several types of uses within the Commercial zone. if the Board approves it, the restriction would become effective auto- matically. He explained that the restrictive covenant would travel with the land and would be effective indefinitely. Chairman Scurlock stressed that the difference in this case is that there is only one owner, not a multitude of owners that would have to agree if a deed restriction was to be removed. Attorney Barkett informed the Board that when someone puts a restriction on his own property which is not part of a platted 28