5/7/1991 - Laserfiche WebLink

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�IAY 7 T pOOK 83 PA E �0 7 7 consider rezoning unless petitioned by the owner of property; so, in this case, using a football analogy, the petition before the Board could be considered an "end run." As staff reported, the current zoning is consistent with all of the surrounding property; RS -3 zoning is appropriate to the land; and there is no justification to treat this property differently than any other similarly situated properties through the County. There is no justification for environmental reasons, as suggested by Mr. O'Haire, because any development of the property will have to receive the same permits from DER, St. Johns and the Army Corps of Engineers, and the Department of Natural Resources will not be involved in the process because the water body that Mr. O'Haire refers to is artificially created and lies totally within the confines of Mr. Krovochek's property. Attorney Barkett urged the Board to say no to this unjustified petition. There was discussion about the body of water in question extending onto Mr. Luther's property. However, Mr. Barkett pointed out that the shoreline and vegetation in question is all on Mr. Krovochek's property. Mr. Barkett questioned whether the rezoning is even legal and County Attorney Vitunac explained if there is no justification for the rezoning, then it's not fairly debatable, and if it's not fairly debatable, it's not legal. Commissioner Eggert asked if the lagoon were filled as described in the application, what effect would it have on the other half of the lagoon and, -therefore, Mr. Luther's property. Mr. Barkett responded that they wouldn't be filling in on Mr. Luther's property and, secondly, that issue is not before the Board; but he would be able to do that under any zoning. Chairman Bird recognized Mr. Krovochek. Jack Krovochek came before the Board speaking for both himself and his wife. He stated that when he received paperwork regarding rezoning from Planning and Development Division of the County, he was shocked that Mr. O'Haire had asked the Administrative Body of the County to do something he, Mr. O'Haire, could not do himself. He described this request for Administration -initiated rezoning as "un-American." Mr. Krovochek stated he has a major investment in his home and certainly would not decimate his property, in effect, shooting himself in the foot, and hoped the Commission would follow the recommendations of its staff. Chairman Bird asked if anyone else wished to address the Board. John, Luther came before the Board and said he lives south of Mr. Krovochek on about three and a half acres and contrary to what 70 M M