6/27/1989 - Laserfiche WebLink

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JUN Bou 77 MGE ®2 efforts to get on the National Register. The Board has committed itself to pursuing this. Commissioner Scurlock believed specific questions were asked when the Board made that Resolution, and those questions have yet to be answered; for instance, the question regarding the ability of a person to develop his property without going to Atlanta still has not been answered. Attorney Doty again contended that the Trail is part of the Jungle Trail Management Plan, and he would -suggest the Board cannot deviate from its stated goals as adopted without an amendment. He wished to go over the six criteria of the Management Plan and referred to Page 12 of that Plan which states that "the following criteria are required for approval of a realignment request. (1). The Applicant must own or control property on both sides of the Trail proposed for realignment." They have some question whether the carrot the developer is offering is enforceable against the Polo Club as pertains to the 30' setback on the north portion of the Trail. Commissioner Scurlock believed that portion is not within the corporate limits of the Town of Orchid and, therefore, our normal ordinances are applicable, and we can set whatever set- backs we do through a public hearing process. Attorney Doty suggested it would be better to request that the realignment be moved 30' south so there is no question about a taking. Planner Boling advised that the developer has met that by moving the realignment portion south and adding another 20' buffer so we could have 31' from the northern edge of the proposed realignment roadbed to the property line, and then the county setbacks would apply. Attorney Doty continued to argue that unless that property is made a party to it, it is unenforceable and it could be considered a taking, and Attorney Collins agreed it would be a taking if we shifted this burden directly onto the Polo Club, but 64