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FEB 16 1988 <br />BOOK 70 P E 858 <br />received. calls from the County Health Department about the <br />windrow; so, Kennedy Groves went in and cleaned the whole R/W <br />along the 1/2 mile of their land there. Then, immediately <br />following that, they had room to put in a new row of citrus. They <br />next got a letter from the county which made the determination <br />that they should pay a voluntary fine for removal of five oak <br />trees on the property. Kennedy Groves felt the fine was quite <br />harsh and appealed to the Code Adjustment Board, which ruled <br />against expansion of the use. <br />Attorney Cooksey informed the Board that at the time Kennedy <br />Groves made the land swap, they did not know the property was <br />zoned residential. Kennedy Groves have been out there for years, <br />and they thought what they were doing was trying to cooperate <br />when this suddenly whiplashed into a major emotional issue. <br />Attorney Cooksey felt the whole thing can be summed up in <br />basically two items. It has been pointed out that the county <br />zoning regulations put the burden on the residential use as far <br />as the buffer zone is concerned, and what they are calling the <br />buffer zone was part of the agricultural use - the setback. Then <br />there is also the "green belt" law. Attorney Cooksey emphasized <br />that Kennedy Groves used a bulldozer; they didn't use a crowbar <br />or any tree -killing preparations. He further noted that staff <br />held that while the general grove is a lawful agricultural <br />operation, the clearing is not; so, he felt they came up with a <br />very narrow interpretation. He advised that Mr. Kennedy is here <br />to answer any questions. It is recognized that what was brought <br />up by Ms. Broada is a civil matter and they have received a <br />letter from Mr. Brennan, Mrs. Broada's attorney. <br />Chairman Scurlock asked if they got a survey before the <br />clearing was done, and Attorney Cooksey confirmed that they did <br />and the corner markers are down. He noted that it appears there <br />will be a dispute with Ms. Broada, but Kennedy's position is that <br />they did not encroach. Attorney Cooksey believed what we have <br />here is a canopy problem. <br />40 <br />