12/17/1991 - Laserfiche WebLink

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U BOOK,° F�,GE� Mr. Keating stated they are zoned agricultural right now. At the time the comp plan was put together they were zoned R, Rural, which is why that property could be rezoned RS -1 back in 1990. Commissioner Scurlock asked the County Attorney to explain again who might bring suit against the County if this were rezoned to RS -1. Attorney Vitunac responded that certainly neighbors of the property could bring suit, as well as anyone in the county who wants to uphold the comp plan. If the suit were decided against the County, we would be ordered to take action consistent with the comp plan and we would have to change the zoning back. In the meantime, anyone filing a lawsuidt would also file --an injunction against building while the lawsuit was pending. Commissioner Eggert felt frustrated because --during the negotiations with DCA, Pine Tree Park came up and the subject parcel was not discussed. Chairman Bird agreed and said if all these facts had been presented during those negotiations, we could have bypassed or carved out this parcel in the rezoning. Attorney Vitunac advised that no court would find the County did anything wrong. However, if the Board decides the County did something wrong, and the Commissioners do not enforce the zoning, there is little likelihood of a lawsuit. The legal department is just giving the best legal advice. Commissioner Scurlock pointed out that the Commission must decide whether the facts as presented create a situation to vote for the appeal. Commissioner Wheeler added that the applicant was dealing in good faith. The bureaucratic system puts demands on property owners when they make a request, but when the County wants something, we just do it. Mr. Joe Schlitt wanted to clarify that while staff said that all he would have had to do is split his property, he was not put on notice. He was sure the bank would have cooperated had he known how it would affect his property. Shelley Adams, resident of Pine Tree Park, 6600 Fourth Street, came before the Board and spoke in favor of Mr. Schlitt's plan. She said she and her husband helped fence the property with Bob Schlitt and commented that his home is very nice, not visible from the road. _ Commissioner Bowman did not understand how Mr. Schlitt did not hear about this rezoning. He owned property in an Ag area and there was a lot of publicity and discussion about the fact that DCA was requiring us to rezone Ag land. 34 s � s