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but just escrow his fair share, which he will do. He noted that <br />they had to refight this all over again at the P&Z hearing on the <br />site plan and special exception as staff once again the use of <br />the property should be conditioned on the installation of that <br />turning lane. In this climate of cooperation with the property <br />owner and taxpayer, things degenerated. Attorney O'Haire noted <br />that the Board has had the opinion of their attorney that the <br />county does not have the right to require redesign of the site to <br />save the tree, and they also have the opinion of the Urban <br />Forester that even with all the various measures that would have <br />to be taken, the tree has only a 50/60% chance of surviving the <br />construction process. <br />Attorney O'Haire then addressed staff's requirement for <br />dedication of a marginal access easement and stressed that his <br />client's position on this requirement is that it is no different <br />than a street or R/W since it is for traffic for access by the <br />general public, and it is not a Constitutional requirement that <br />they dedicate property or that they be required or blackmailed <br />into giving it to the county as a condition to be able to use <br />their property. He stressed the costs that have resulted from <br />months and months spent in trying to meet staff's unfair <br />requirements. Attorney O'Haire asked that the Special Exception <br />and the site plan be approved with requiring only the escrow of <br />their fair share with credit against impact fees for the offsite <br />improvement and that they not be required to redesign to protect <br />a tree that is located within the net buildable area, which <br />criteria exempts it from protection under the county ordinance. <br />Mr. O'Haire also asked they not be required to dedicate the R/W <br />or marginal access, which is a road by some other name. He <br />believed the Board has visited this issue before and deleted the <br />requirement of giving R/W from their Plat and Site Plan <br />Ordinances. <br />Commissioner Eggert believed we have done some marginal <br />access where we have parking lots joined, and Director Keating <br />AUG 1 23 <br />BOOK <br />