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Chairman Scurlock understood that if the Board doesn't allow <br />access off of Indian River Boulevard, it would put the L.O.S at <br />"E" on U.S. #1, but Attorney O'Haire emphasized that the access <br />road is a dedicated road and they have the right to use it. <br />Chairman Scurlock believed that the Board has the right to <br />make a safe environment for the residents in the community. <br />Commissioner Eggert concurred that the Board has the <br />latitude of health, safety and welfare, and that there is more <br />involved here than pure traffic counts as to whether or not <br />something is safe, but Attorney O'Haire pointed out that the <br />County's ordinance has identified a safe environment there as LOS <br />"D", peak season, peak hour, and the applicant has met that <br />criteria. <br />Attorney Vitunac advised that the County cannot be arbitrary, <br />or capricious with respect to approving or denying a site plan. <br />County regulations on the use of property are set out in the Code <br />through our technical staff. If our technical staff finds a <br />violation of one of the requirements of the Code, they bring it <br />to the Board's attention, and the Board can take ameliorative <br />measures, including less or more traffic on Indian River <br />Boulevard. However, if our technical staff has no facts showing <br />that there is a danger there that cannot be overcome, the County <br />Commission just cannot have a hunch that traffic will be too <br />dangerous, it has to have some facts. The burden of proof on a <br />site plan appeal is on the County Commission. Unless we show <br />otherwise by competent, substantial evidence, the applicant has a <br />right to certain things as long as he meets our site plan <br />technical requirements. Attorney Vitunac noted that the <br />appropriate question now is to ask staff if they can quantify <br />that there is a real, perceived danger in accessing Indian River <br />Boulevard by that northern access drive. <br />Director Davis felt it is the type of vehicle that is the <br />safety issue when you talk about co -mingling, because heavy <br />trucks and semi trucks could be a problem. <br />32 <br />APR 5 1988 <br />BOOK 71 ocF461 <br />