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Fr- -I <br />JUN <br />5 <br />1990 <br />BOOK <br />Commissioner Scurlock felt that <br />if the Public Works <br />Department were to take the position of not allowing them to <br />access 35th Avenue, it would be correct. However, if no action <br />is taken at this time, it would not be fair when it is platted to <br />allow them to access 35th Avenue as well as 4th Street since they <br />would not have paid their fair share of the assessment. <br />Director Davis believed this was a little different than the <br />other situations today because of the canal between the two <br />subdivisions. The property owner to the east of the canal <br />doesn't have the ability to access 35th Avenue independently as <br />the property owner did on _85th Court or the cemetery. He would <br />have to get a permit from the Indian River Farms Water Control <br />District, and perhaps he might not be able to get the permit. if <br />the property was platted and it was logical for a street <br />connection onto 35th Avenue, the County Public Works Department <br />would have no objection. He couldn't honestly say that the <br />property owner has the right to do it because there is another <br />governmental entity that has to grant a permit. <br />Attorney Vitunac explained that there is a difference here <br />between this situation and the property owners on 85th Court. In <br />this situation, the County's regulations on a local road give the <br />property owner the right to enter onto 4th Street. There is a <br />canal which he doesn't have a right to cross without going <br />through some kind of petition process with another governmental <br />entity. If he does get the right to cross the canal, he would <br />get a benefit from the paving of 35th Avenue. The Board has the <br />power to assign him a benefit right now and charge him some <br />percentage of the assessment by stating that they feel he has a <br />potential right to obtain a permit to put in a proper culvert. <br />Mr. Du plessis reiterated that the water control district <br />has access to 35th Avenue at the end of 6th Street to bring in <br />their machinery, and if they are not going to pay any part of the <br />assessment, the residents wish to see that access blocked off. <br />50 <br />