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AUG `989 <br />FQ®,�rJ <br />BOCK 1 e f r� �C 5"rL <br />and they would be receptive and supportive of an amendment <br />to the ordinance to clear up the quirk and give Mrs. <br />Holland the right to build her swimming pool. The County <br />has a procedure which allows a citizen to apply for an <br />ordinance amendment by paying an application fee of <br />$500.00. Alternatively, the County Commission can initiate <br />the ordinance amendment process and save the citizen the <br />application fee. <br />This letter is to request the County Commission to <br />initiate the process to amend the ordinance. There is <br />justification in this case because (a) the ordinance really <br />does create an unfair situation which should be corrected, <br />and (b) Mrs. Holland bought this home with good reason to <br />believe that the County staff would approve construction of <br />this pool. <br />The proposed ordinance title and amendments are <br />attached for your review. Please ask_ the. Commission to ask <br />staff._to initiate _the _process to make_these.amendments.,as <br />soon as possible. -- u <br />Very truly yours, <br />BRUCE BARKETT <br />Attorney Bruce Barkett of Collins, Brown & Caldwell referred <br />to a graphic showing the location of his client's property in Dune <br />Subdivision off of AIA, and explained that his client wants to <br />build a pool behind the 10 -ft. planting easement. <br />Robert Keating, Director of Community Development, explained <br />that the variance criteria is structured very tightly and that <br />Attorney Barkett feels this is appropriate for a variance because <br />it affects a large number of lots in the same category. Staff <br />agrees that this is a definition that could use some work. In <br />most cases when an applicant wants a change, staff recommends that <br />they pursue it through the land development regulations or pay a <br />$500 fee. However, the County is being required to redo its land <br />development regulations as soon as the new Comp Plan is submitted, <br />which won't be until the end of this month. <br />Attorney Barkett explained that the question today is whether <br />or not the Commission will allow staff to explore the possibility <br />of his client building a pool in that spot without her paying the <br />$500 application fee. <br />32 <br />