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JUL 2 8 N92 <br />BOOK <br />land development regulations in order to maximize open space and conserve <br />natural features, incorporate recreational facilities, and mixed use projects." <br />This invocation of the planned development policies and regulations was not <br />addressed at the earlier Board meeting specifically in relation to Future Land <br />Use Policy 5.4. However, Mr. O'Haire's contention that the permit conflicts <br />with Future Land Use Policy 1.5 which provides that "No residential <br />development in C-2 or C-3 areas shall occur unless such development is <br />approved as a planned development" was addressed in the Staff Report. Mr. <br />O'Haire's appeal letters also raised the planned development issue. At the <br />June 2nd meeting this contention was rejected by the Board.) <br />CONCLUSION AND RECOMMENDATION: <br />In the absence of any new facts or evidence to be considered by the Board, <br />the County Commission should not void the wetland resource permit <br />previously issued to Mr. Krovocheck on which administrative appeals have <br />been heard. The County's exposure to damages for violations of due <br />process and equal protection would be greater should they void the permit in <br />the absence of any facts, evidence or testimony to rebut the findings and <br />recommendations of their professional staff and the -prior testimony of Mr. <br />Krovocheck's professional engineer at the appeal hearing. <br />I recommend that the County Attorney be authorized to respond to Mr. <br />O'Haire that the County Commission has considered his Verified Complaint <br />and chosen not to void the wetland resource permit of Mr. Krovocheck. <br />ON MOTION by Commissioner Bird, SECONDED by <br />Commissioner Scurlock, the Board unanimously <br />declined Mr. O'Haire's request to void the <br />wetland resource permit of Mr. Krovocheck, as <br />recommended by Attorney Collins. <br />DISCUSSION REGARDING THE SCHEDULING OF PUBLIC HEARINGS IN SEPTEMBER <br />After discussing vacation times, the Board scheduled the <br />following public hearing dates: <br />Preliminary Budget Hearing: Sept. 9, 1992 at 5:01 p.m. <br />Final Budget Hearing: Sept. 15, 1992 at 5:01 p.m. <br />First Meeting - LDR's: September 3, 1992 at 5:01 p.m. <br />Final Meeting - LDR's: September 17, 1992 at 5:01 p.m. <br />Attorney Vitunac advised that to take any action at any of <br />these meetings, a majority vote of 3-1 would be needed. If only <br />three members of the Board are present, the Motion would have to be <br />unanimous. <br />SOLID WASTE DISPOSAL DISTRICT <br />Chairman Eggert announced that immediately upon adjournment <br />the Board would reconvene sitting as the Commissioners of the Solid <br />Waste Disposal District. Those Minutes are being prepared <br />separately. <br />