8/15/1989 - Laserfiche WebLink

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AUG 15 19'�'� '��'j R U V f� tltlyJ � E O� C.Y The Chairman asked if anyone else wished to be heard. Gayle Jones, employed by Carter Assoc., informed the Board that he also has been in contact with the DOT re the left turn lane, and they told him they did not want to issue a change order unless some other change came up in the contract and in addition, they did not have the funds. Chairman Wheeler commented that he would be willing to apply whatever pressure we can through Rep. Patchett, Sen. Deratany, the Governor's Office, etc. Attorney O'Haire requested that the Board please approve their Special Exception and site plan request without the requirement of saving the tree and without requiring the marginal access easement without compensation. All the requirements that legally can be made of them is all they are asking. Nancy Offutt, representing the Board of Realtors, noted that they are an advocate of private property rights. Without speaking of the merits of the particular application, they recognize that there has been an awareness from the Board and staff of private property rights and hope they continue to keep it in mind on all decisions. She was sure that no one wants to destroy the tree, but it is in the footprint of a building and that is why the ordinance was drafted that way. The Chairman asked if anyone else wished to be heard. Marg Masters of Breezy Village informed the Board that there have been several serious accidents on 99th Street and there are so many trucks that it is hard to get in and out. Director Davis wished the Board to be aware that when we developed the impact fee program, we did not consider any marginal access funding, and the program was not intended for that purpose. The Chairman determined that no one further wished to be heard and thereupon closed the public hearing. Attorney Vitunac informed the Board that he must agree with Attorney O'Haire that we cannot legally defend keeping the tree 30