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AUG > 7� 199 <br />BOOK 'y PA�,C JL <br />Chairman Bird confirmed the site plan would only come before <br />the Planning and Zoning Commission. <br />Mr. Herzog pointed out that the site plan relocates the <br />existing road about ten feet south, which would affect the <br />perpendicular parking that has been used by Home & Patio for a good <br />number of years. His understanding is that part of Home & Patio's <br />parking extends beyond the property line, which they have as an <br />established ownership by virtue of their acquisition of the overall <br />tract on which their store is located. He further stated that the <br />parking is also part of an existing approved site plan. Mr. Herzog <br />recounted the actions taken by Home & Patio to pay for the paving <br />and the history of the road's use by the public and by Home & <br />Patio. He told of his and Mr. Mooney's efforts to purchase the <br />property from Mrs. LaCava and the complications regarding title and <br />Mr. Mooney's offer to donate that property to the County in return <br />for clarification of the parking situation at Home & Patio. The <br />County indicated this property could not be acquired as a road <br />right-of-way but must be acquired as a driveway or access road. He <br />pointed out the affected parties are Home & Patio and Dependable <br />Dodge. Mr. Herzog's purpose was to ascertain the time table on the <br />County's plans for this construction work so that there would not <br />be a need for hasty decisions or to delay initiation of <br />construction while title questions are being clarified. Mr. Herzog <br />described his disagreement with Assistant County Attorney Will <br />Collins regarding the question of acquiring title to the LaCava <br />property. <br />Commissioner Scurlock asked if Mr. Mooney's problems could be <br />condensed to loss of parking and access for delivery vehicles, and <br />Mr. Herzog responded that the parking situation needs <br />clarification. <br />Commissioner Scurlock stated that from the County's point of <br />view, it's a good design as far as utilities and as far as <br />engineering and planning, and Mr. Mooney is caught in the middle <br />and needs time to work it out. <br />Commissioner Eggert recalled that this project was being <br />discussed five years ago and has caused much trouble for Jim Davis. <br />Public Works Director Jim Davis stated we have not yet <br />acquired the two pieces of property necessary to complete this <br />project. <br />Attorney Herzog said the consistent position of Bob Mooney and <br />Home & Patio has been that they would like to purchase the LaCava <br />property and give it to the County, keeping enough to clarify <br />access for parking and delivery vehicles or, in the alternative, to <br />28 <br />