1/12/1993 - Laserfiche WebLink

Home Browse Search

I JAN 121993 BOOK 88 FAGS 536 -7 In coordination with the attorneys office, planning and public works staff have initiated an amendment to the current marginal . access LDR requirements. The amendment proposed by staff addresses the legal concerns and is "tracking through" the LDR amendment process along with several other LDR amendment proposals. However, the LDR amendment will probably not be enacted until March 1993. Meanwhile, commercial projects are being reviewed and the marginal access easement requirements of LMR Chapter 952.12(4) (see attachment #2) are being applied. Therefore, action is now required by the Board of County Commissioners so that prior to approval of the pending LMR amendment, staff_. can discontinue application of.the marginal access.easement requirement. _ Since the ordinance is unenforceable under current case law, the attorneys office, recommends a motion to suspend application of the portion of Section 952.12(4) that pertains to the granting of a marginal access easement, under the pending ordinance doctrine. All other aspects of the current Section 952.12(4) requirements may remain in force. RECOMMENDATION Staff recommends that the Board of County Commissioners suspend application of all requirements of LMR Section 952.12(4) that pertain to the granting of a marginal access easement. All other requirements of 952.12(4) shall remain in force until such time as the section is amended. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht to suspend application of all requirements of Land Development Regulations Section 952.12(4) that pertain to the granting of a marginal access easement with all other requirements of 952.12(4) remaining in force until such time as the section is amended, as recommended by staff. Under discussion, Michael O'Haire announced that he had been in litigation with the County about this matter for over three years and has been proven and demonstrated to be right. He suspected that this was an effort to terminate the pending litigation without liability on the County's part for payment of the property owner's attorney fees. Deputy County Attorney Will Collins advised that a marginal access easement suit has been pending for about 1-1/2 years, and the County has succeeded in having the Court abate that action for failure of Mr. O'Haire's client to exhaust his administrative remedy by seeking a waiver. Mr. O'Haire appealed that abatement of the action to the District Court of Appeals, which ruled in favor of the County. Because the County has prevailed up to this point, Attorney Collins advised the Board .not to. make any commitment concerning attorney's fees. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 62