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pr - <br />FEB 161988 <br />BOOK • 70 PAGE 862 <br />County Attorney Vitunac pointed out that the Board of <br />Adjustment has found that this was an expansion of an illegal <br />use. The Commission has found that there should be no fine for <br />that because the expansion was done in good faith. However, that <br />still leaves the problem that it is a continuing illegal use <br />which can be corrected only by .changing the zoning or by changing <br />our whole code. <br />Commissioner Eggert continued to stress consideration must <br />be given the act of "green belting," and Attorney Vitunac <br />commented that he needed to have a definition of "green belting" <br />because Florida doesn't have a "green belt" law. <br />Commissioner Eggert noted that if you are in an agricultural <br />business, you know you must put in papers every year to prove you <br />are an active legitimate agricultural use in order to get your <br />proper tax status. <br />Chairman Scurlock felt we have to address the zoning; other- <br />wise you will inevitably have someone who will try to circumvent <br />the code. <br />Commissioner Bird asked Attorney Cooksey if he felt his <br />clients would have any problem with their property being zoned <br />agricultural to be consistent with its use. <br />Attorney Cooksey noted they had their day in court, so to <br />speak, before the Board of Adjustment. His argument was that <br />what they did was an intensification and that was not an <br />expansion. He believed the Board of Adjustment's attorney, Mrs. <br />Brennan, gave them a strict interpretation of the law, and the <br />Board held it was non -conforming. He continued that they asked <br />the Board of Adjustment to hold off so his client could determine <br />if they were going to appeal. Based on what the Commission did <br />today, they probably will not appeal, and if that Board requires <br />them to take out the trees, they will do so. <br />Commissioner Bowman stated that she would rather see them <br />restore the buffer. <br />44 <br />