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OCT 2 7,1987 ROCK 69 819 <br />(Mr. Miller reported that Wilder Corporation stated the reason <br />notice was not given is that the wooded area is not considered <br />part of Village Green; however, they checked the tax records, and <br />it is all assessed as one parcel.) <br />Mr. Miller stressed that the Garden Club has done a great <br />deal of work at the wooded entrance and want to maintain the <br />exotic trees in the arboretum; the residents claim a vested <br />interest in the wooded area, and if this request is granted, this <br />area will be lost forever. They, therefore, urge that the Board <br />deny the request. Mr. Miller requested the Homeowners who <br />support his statements to rise, and about 90 people stood up. <br />Attorney Henderson believed his client can appreciate the <br />residents' concerns. He reminded the Board that his clients are <br />new owners, and he believed they are doing what they can to <br />improve things at Village Green. He felt the site plan process <br />can respond to any problems that might exist re access, buffering <br />or setbacks; so, he did not feel these are legitimate concerns at <br />this point. Attorney Henderson further stated that this property <br />is not a common area of the park and is not included within the <br />park. The property is not platted, and he did not feel the fact <br />that it is assessed as one parcel is really pertinent to the <br />issue. This issue has been raised before, but he believed there <br />is no way the prospectus would lead you to believe that it is <br />included within the park. <br />Commissioner Wheeler commented that the brochure the <br />gentleman presented, which showed it as botanical gardens, would <br />certainly indicate to him that it would be included in the park. <br />Attorney Henderson believed if you want to include it in the <br />park, you would have to include it as a commercial as has always <br />has been intended from the beginning - you can't have it both <br />ways -'but Commissioner Wheeler felt if anyone is trying to have <br />it both ways, it is the developer. <br />Commissioner Wheeler stated that while he feels strongly <br />about property rights, he does have a problem with developers <br />46 <br />