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F", - <br />Q E <br />1987 <br />Boor <br />70 Fa E 32;3` <br />fact, put in place. <br />Also they would very much like <br />to see a cap <br />put on the membership somewhere somehow. <br />Mr. Schaub noted that they intend to keep the cap to Bay <br />Tree, Park Shores and Grand Harbor. <br />Mr. Morrison asked the County Attorney if the approach <br />sustained here re a cap will be upheld in court as. he felt what <br />this is bordering on is contract zoning in a broad sense. He <br />further pointed out that the other similar entities are asking <br />that a limit be applied solely to the Schaub Enterprises and not <br />to theirs, and he did not feel that would hold up in court. <br />Attorney Vitunac pointed out that the developer has agreed <br />to it; so, in this case he did not see that the cap is a legal <br />problem. He further noted that under a Special Exception, one of <br />the factors the Board is charged with looking at is whether the <br />number of people coming here is too many. The Board has a right <br />to change its policy for reasons of safety, health and welfare, <br />as long as we are consistent. Here the membership is very large, <br />but it is still a limit. We could go back to other clubs and try <br />to impose a limit there also. <br />Mr. Schaub noted that the reason they are willing to agree <br />to a cap is that is how their membership is set up. He did feel <br />some frustration that there is no cap on Sea Oaks membership. <br />Mr. Orr continued to urge limiting the membership based on <br />the beach frontage to avoid over use of the beaches, and Commis- <br />sioner Bowman pointed out that the club always will be limited by <br />the number of parking places. <br />Commissioner Eggert noted that she also lives on the beach <br />and has concerns, and she debated this matter for a long time. <br />She felt that many people prefer to swim in a pool rather than <br />the ocean, and did not believe she would purchase at Grand Harbor <br />if she wanted to be an ocean dweller. With the correction of the <br />parking situation, the location further north, the limited <br />seating and the limited parking, and also with what is an <br />observable use of the beach, she found she could not be opposed <br />76 <br />