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1/12/1993
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1/12/1993
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
01/12/1993
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O'Haire property, although he did not specify the nature of those <br />restrictions. Further, Mr. Krovocheck did not want him to have <br />access to the roadway unless he helped pay the cost of building it. <br />Mr. Krovocheck felt that he would be getting a windfall if he were <br />permitted to have access to the roadway. Mr. O'Haire argued that <br />he would not be getting a windfall and, in fact, "shoehorning" all <br />these homes into a small piece of property will decrease the value <br />of his property. He concluded that denying him access to the road <br />makes no planning or economic sense, because a four -lane road would <br />have to be built to service 14 to 16 houses within two small <br />subdivisions, or else a road would have to be built along his north <br />property line, creating a double frontage situation. The latter <br />would create a domino effect because the people in the River Ridge <br />subdivision to the north also would have double frontage and he did <br />not want to impose that on his neighbors. Mr. O'Haire urged the <br />Board to require that this road be dedicated to the public, or <br />alternatively, to require on the plat a right for his property to <br />the north to access this road upon payment of a pro rata share of <br />the cost of maintenance and security. <br />Commissioner Macht asked, and Director Boling confirmed, that <br />requiring the road to be dedicated to the public would preclude a <br />controlled security gate. <br />Attorney Steve Henderson, representing Jack Krovocheck, <br />announced that the Planning & Zoning Commission voted unanimously <br />to have the road remain private and the parties negotiate a joint <br />solution to the access problems. Attorney Henderson reminded the <br />Board that Michael O'Haire opposed this project every step of the <br />way. Attorney Henderson advised that he had approached Mr. O'Haire <br />on behalf of his client with the idea of a shared road in an effort <br />to solve the access problem, but Mr. O'Haire refused to give up any <br />right-of-way even though a donation of just 25 feet would have <br />improved both pieces of property. Attorney Henderson explained <br />that his client's concern about restrictions and covenants was that <br />any homes 'built on Mr. O'Haire's property be consistent in <br />architecture with the homes in the Sunset Pointe development. <br />Attorney Henderson directed the Board's attention to ordinance <br />subsections 913.09 (3) (c) (2 ) and 913.09 (3) (c) (8 ) that were quoted by <br />staff and stressed that these are not applicable in this situation. <br />The key words are "deemed necessary" and "access." The Planning & <br />Zoning Commission did not deem access to these roads to be <br />necessary. Attorney Henderson cited examples of some roads within <br />subdivisions in South Beach that are adjacent to other subdivisions <br />but are not shared by those subdivisions. He added that the <br />developer wants to provide some buffering on the north side of this <br />57 <br />JAN 121993 <br />31 <br />
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