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7/12/1994
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7/12/1994
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7/23/2015 12:04:25 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
07/12/1994
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NOTE FROM BARBARA BONNAH, DEPUTY CLERK, CLERK TO THE BOARD: All of <br />the above listed items plus any and all exhibits presented during <br />this meeting that haven't been inserted into these Minutes will be <br />placed on file in the Office of the Board of County Commissioners <br />for 3 years. (Please see index at the back of these Minutes.) <br />Attorney Ralph Evans, representing the applicant of the site <br />plan, had a general objection to the evidence being presented into <br />evidence today. He believed the Board's job today is to review the <br />record presented by the applicant at the P & Z Commission meeting <br />and make the right decision based on substantial competent <br />evidence. <br />Attorney Vitunac noted that we treat the BCC as de novo for <br />various reasons, and he recommended that the Board admit all the <br />letters and give them what weight they deserve, which is <br />acknowledgement. The letters are not sworn and they are subject to <br />cross examination. He felt the Board should weigh that when <br />reading them. <br />Attorney Evans thereupon presented for the record a certified <br />copy of a transcript made at the P & Z Commission hearing. <br />(Exhibit C) <br />Chairman Tippin announced that the Board will accept all <br />evidence and testimony presented today. <br />Attorney Dill wished to point out that Halvorsen Development <br />Group, as represented by Attorney Evans, is not a party to this <br />issue. This has nothing to do with the Sea Mist Site Plan. <br />Attorney Vitunac felt it is clear to everyone that the Sea <br />Mist people are an interested party who have a sole interest at <br />stake here, which is affected by this determination. If.there is <br />a lawsuit after this based on a ruling adverse to them, that group <br />can file a lawsuit. In his opinion, they are a party. <br />Attorney Dill noted that having made his objection for the <br />record, he would continue his review of the legal criteria in this <br />matter. He referred to the following memo from Assistant County <br />Attorney Terry O'Brien titled Interpretation of Zoning Laws: <br />22 <br />July 12, 1994 <br />BOOK 92 PAGE 79 <br />
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