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1992 <br />BOOK 88 PAO,JE224 <br />Director Pinto advised that if any adjustments are made today, <br />every three acres removed from the total assessment will result in <br />increasing the assessment charged the other property owners by one <br />cent per square foot. <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. <br />Jerry Smith, 3645 3rd Street, came before the Board to appeal <br />the assessment on his property of $14,326.33 for 2.75 acres. He <br />related that paving would cost about $172,095, and even if the <br />County paved the streets, the cost of developing six lots would be <br />over $104,000. He noted that the Commission has made exceptions in <br />other cases where the property did not adjoin a paved street, and <br />he only is asking for the same treatment as everyone else has <br />received in these situations. He suggested that if he or someone <br />else decided to develop the property in the future, the assessment <br />could be done at that time. Or he would be willing to sign a deed <br />restriction against this 2-3/4 acres eliminating certain things <br />being built there. Mr. Smith requested that the Board reduce his <br />assessment to a 140 -foot frontage with a depth of 150 feet. <br />Chairman Eggert asked Director Pinto to explain the difference <br />between the Smith property and other properties mentioned by Mr. <br />Smith, including certain property owned by Mr. Gallagher. <br />Director Pinto pointed out that the two parcels in front of <br />the Gallagher property are owned by someone other than Mr. <br />Gallagher, resulting in a diminished benefit for Mr. Gallagher. <br />Director Pinto did not think there were any similarities between <br />the Smith property and the Gallagher property, since both pieces of <br />the Smith property are owned by Mr. Smith. <br />Commissioner Macht asked for clarification of the method used <br />for assessing the Smith property, and Director Pinto explained they <br />are being assessed independently because they are two separate <br />parcels of 1.25 acres and 1.52 acres respectively. <br />Commissioner Bird asked if deed restrictions were feasible, <br />and Attorney Vitunac advised that the County should adhere to <br />zoning codes and avoid contracts that result in spot zoning. <br />Further, private deed restrictions are not enforceable by the <br />County. <br />Discussion ensued regarding the need for Mr. Smith to extend <br />2nd Lane and 3rd Street if he subdivides the property, and <br />Community Development Director Bob Keating agreed with Director <br />Pinto that it is difficult to predict how a piece of property will <br />be developed. <br />16 <br />