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developmental permit or approval from the County. In his <br />opinion, Mr. Kirrie was not grandfathered in and should have had <br />to come in under the new ordinance, but staff has been very <br />lenient with him all along and are giving him the benefits of <br />that old ordinance for the site plan application which he had <br />made while it was still valid. Attorney O'Haire disagrees about <br />whether or not Mr. Kirrie is legally grandfathered, but that <br />point is not necessary to make, because staff has let him apply <br />under the old ordinance. <br />Pat Dolcey of Roseland was a little confused about all this, <br />because she recalled that when the Board decided to rescind the <br />old ordinance during a public hearing last fall in Sebastian, she <br />had been under the impression that some of the businesses that <br />had held licenses previously would be grandfathered in and <br />allowed to continue. However, she also remembered that staff had <br />said that if any buildings suffered damages of 50% or more from <br />fire or storms, they would not be allowed to rebuild. She did <br />understand how the Board can consider the expansion of this <br />business. <br />Commissioner Eggert explained that Mr. Kirrie's application <br />falls under the old ordinance that was in effect temporarily, but <br />Mrs. Dolcey emphasized that she was under the impression that <br />ROSE -4 was supposed to be a residential community, not an <br />industrial community. <br />Chairman Scurlock explained that ROSE -4 is a predominantly <br />residential area, but there was a significant outpouring from a <br />number of the residents that had concern about Mr. Kirrie and <br />businesses that had been in operation there for over 20 years. <br />In all fairness that did occur, and there was always an effort to <br />allow those people who were engaged in a home occupational use to <br />continue. From what he has heard from the Commission this <br />morning, he believed the Board is interested in allowing Mr. <br />Kirrie to exist and is considering a smaller expansion than the <br />one requested. <br />MAY 1'? 1999 <br />40 <br />;r,r 383 <br />