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MOTION WAS MADE by Commissioner Scurlock, SECONDED <br />by Commissioner Eggert, to deny the request for the <br />County to supply fill and trees to Mr. and Mrs. <br />Roberts. <br />Under discussion, Mrs. Sandra Roberts, resident of Vero Lake <br />Estates, came before the Board and recounted her experience in <br />planning and building her house. She said she was never told she <br />had the right to come before the Board to appeal the cut and fill <br />balance requirement. She further stated that in only two instances <br />were residents required to do this cut and fill balance in Vero <br />Lake Estates and that hers was the only instance where the cut and <br />fill balance requirement was enforced. She described her lot which <br />was specifically chosen to accommodate their country -style house <br />with a large front porch. The lot had many trees and it was not <br />until after they had arranged financing and were ready to break <br />ground that the matter of cut and fill balance was brought to their <br />attention. <br />County Administrator Jim Chandler pointed out that the change <br />in the provision on cut and fill for single family homes from a <br />half acre to an acre not only affects Vero Lake Estates but the <br />entire County. So any action by the Board in this case would set <br />a county -wide precedent. <br />Commissioner Scurlock agreed and added that we do change <br />ordinances from time to time and we cannot undo situations like <br />this one, or repair damage or make improvements. <br />Mrs. Roberts questioned whether this requirement was correctly <br />enforced since Vero Lake Estates has drainage and -it had never been <br />enforced previously. <br />Commissioner Wheeler assured her it was enforceable and still <br />is, until the ordinance is amended. In other words, if she were <br />just beginning construction, she would have the same requirements. <br />Commissioner Bowman said Mrs. Roberts could plant cypress <br />trees in the lowest area and red maple on the edges and with the <br />proper shrubbery she could have a forest in her back yard. <br />Mrs. Roberts asked why this requirement had never been <br />enforced before. <br />Public Works Director Davis responded that the Land <br />Development Regulations were established just one year ago, so this <br />was a new regulation and was effective throughout the County and <br />was enforced on lots one-half acre or larger. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried unanimously. <br />13 <br />-BOOKz <br />C 04 N91 <br />