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MAY 2 41994 <br />Attorney Barkett emphasized that is the problem. Staff is <br />going to tell you, if that comes up, that 30 -ft. roads are <br />inadequate and they don't want them because ultimately these people <br />may come to the Board and ask the County to pave their roads but <br />then resist giving up more right-of-way, and resist this and resist <br />that. Attorney Barkett understood that planners go to school and <br />learn what is nice, but he felt they live in an ivory tower. He <br />stressed that Hedden Place works, but when it comes back before the <br />staff, they are not going to like Hedden Place and they won't want <br />to put in an exception. He emphasized that if the Board kills the <br />appeal today, it is dead unless staff changes their position <br />completely. However, he can tell from his experience that they are <br />not going to. He was sorry about that, but Hedden Place works. <br />Even if it doesn't work in a textbook, it works in this situation. <br />Director Keating advised that during the LDRs review, staff <br />will bring forward data and analysis, logical arguments, and cite <br />specific instances. All we are saying today is that this should <br />not be an arbitrary decision relating to one case and that if this <br />is a good thing to do, it should be available to everyone. <br />Chairman Tippin believed this is an exceptional exception. He <br />also believed that you could make exceptions to the law without <br />thinking that if you do it once, you have to do it every time, <br />because every circumstance is quite different. <br />Commissioners Bird and Eggert did not agree that this <br />situation was unique. <br />Commissioner Macht understood then that because this is not an <br />unique situation, if the Board grants this exception, a lot of <br />other people could cite this exception in asking for an exception <br />for a similar situation. <br />THE CHAIRMAN CALLED FOR THE QUESTION. The Motion <br />passed by a 4-1 vote, Chairman Tippin dissenting. <br />86 <br />