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100 percent on the Krovocheck property. His only offer is to pay <br />a pro rata share of road maintenance and guard expenses. Mr. <br />Krovocheck urged the Board to deny Mr. O'Haire's appeal. <br />Michael O'Haire related that Mr. Krovocheck's own home is not <br />included in the proposed Sunset Pointe subdivision, and in his <br />opinion, that makes the road public. He indicated that Mr. <br />Krovocheck knew he did not want to subdivide his property before he <br />came to him with his proposal. He felt that the only reason Mr. <br />Krovocheck decided to subdivide his property was because his <br />attempts to sell it as one parcel were not successful. <br />Commissioner Macht asked, and Mr. O'Haire clarified that he <br />was willing to pay his share of the maintenance of the road and <br />impose deed restrictions requiring certain standards of <br />architecture compatible with the Sunset Pointe subdivision. <br />Commissioner Eggert asked if there were legal ramifications to <br />Mr. Krovocheck using the private road when his property is not <br />included in the subdivision. <br />Attorney Vitunac advised that Mr. Krovocheck would have to <br />make arrangements to access the private road. <br />Chairman Bird thought that the win-win situation would be for <br />Mr. O'Haire and Mr. Krovocheck to share the road; however, if they <br />cannot reach an agreement, they should each have their own road. <br />Commissioner Adams felt that even if they shared the road it <br />would be a Hatfield -McCoy situation. She did not see any win-win <br />situation at all unless both parties agree to work together, and at <br />this point that is just not feasible. She felt it is wrong to <br />require Mr. Krovocheck to share the road. <br />After further discussion, Attorney Vitunac advised that the <br />County's interest is to protect the public and the way to do that <br />is to ensure that there is only one road. If the two parties are <br />unable to reach an agreement, the only way to ensure that there is <br />only one road into the subdivision is to make the road public. <br />However, if the County is willing to allow two roads to be built <br />side-by-side, then Mr. Krovocheck's road can remain private. <br />Commissioner Tippin agreed that even though allowing the road <br />to remain private is not the ideal solution to the problem, it <br />seems to be the best solution under these circumstances. <br />MOTION WAS MADE by Commissioner Tippin, SECONDED by <br />Chairman Bird to deny Michael O'Haire's appeal and <br />uphold the Planning & Zoning Commission's decision <br />to grant preliminary plat approval for Sunset Pointe <br />Subdivision. <br />59 <br />L_ JAN 12 1993 BooK 88 P,acc 5,33 <br />