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Director Keating noted this is consistent with our -Comp Plan <br />and he felt there are safeguards in our LDRs to address any <br />development. <br />Further discussion ensued regarding the uniqueness of this <br />property, or lack thereof, and Mr. Luther commented that he has no <br />problem with other houses, just with filling in the Indian River <br />and putting a maximum of six additional homes there. <br />Chairman Bird was sure the Commission would take a stand as to <br />filling in that property. <br />Commissioner Scurlock wanted to clarify that the request is <br />only for an opportunity to show that the property is unique in a <br />full-scale public hearing and Mr. O'Haire confirmed that is what <br />they are requesting. <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Eggert, Chairman Bird voting in <br />opposition, the Board by a 4 to 1 vote agreed to <br />authorize a public hearing initiating a rezoning as <br />requested by the O'Haires and Luthers. <br />Commissioner Eggert assumed the weight of showing this <br />property is unique falls on the applicant, but Chairman Bird felt <br />that it falls on Staff because it is County -initiated and that is <br />why he voted against it. Chairman Bird pointed out the public <br />notice would have to state this is a County -initiated request to <br />rezone this property to RS -1. <br />Commissioner Scurlock commented that Staff present a lot of <br />recommendations to the Board which the Board does not always <br />follow. <br />Attorney Vitunac advised that if it is down -zoned the burden <br />of proof will be on Mr. Krovochek to show that the County did not <br />have the proper evidence before it and that it was not reasonably <br />debatable. <br />Director Keating wished to know if this is completely County - <br />initiated or should a fee be charged to Mr. O'Haire. <br />Mr. O'Haire volunteered to pay the costs. <br />Attorney Barkett wished to address two points. First, he <br />asked the Board to instruct Staff to bring back their own <br />recommendations, without being influenced by the Board. <br />Commissioner Scurlock noted he is not going to instruct Staff <br />to do anything. <br />Chairman Bird felt we do need to clarify with Staff that if <br />they go through their research and still want to come back and say, <br />"No, we cannot recommend this," that is the way it should be. <br />73 <br />