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Director Boling reviewed the 5 conditions of site plan <br />approval as set forth in staff's recommendation. <br />Commissioner Adams inquired about the distance between the <br />canopy trees on the 15 -ft. buffer, and Director Boling explained <br />that the opaque barrier will have vegetation 3 -feet above the berm <br />level. <br />There being no further questions of staff, Chairman Tippin <br />opened the public discussion. <br />Attorney Ralph Evans, 2920 Cardinal Drive, representing the <br />applicant, referred to the following letter dated June 29, 1994: <br />(Exhibit 1.3) <br />FtALPii L. Evnxs <br />ATroxxsv AT LAM <br />• 2920 CARDINAL DRIVE - P. O. BOX 3247 <br />VERO BEACH. FLORIDA 32964 <br />TEL (407) 231-1800 - FAX (407) 231-2612 <br />Z�j293031 7 <br />June 29, 1994 Q, <br />JUN1994 <br />:.� roasP„;�rJmr <br />Robert M. Keating, AICP t <br />Community Development Director <br />1840 25th street <br />Vero Beach, FL 32960 <br />In Re: Site plan for Sea Mist Shoppes <br />Dear Mr. Keating: <br />As you know, I represent Ronald Ferrin, and his agents, in regard <br />to the above referenced site plan application. Please accept this <br />letter as notification to you of my client's initiation of an <br />appeal pursuant to section 914.13, Indian River Code (1994) from <br />the action, or lack thereof, made by the Planning and Zoning <br />Commission at its special meeting held on June 28, 1994 in regard <br />to the site plan application. _. <br />Generally, this appeal is initiated on the basis that the Planning <br />and Zoning Commission, failed to garner the requisite four votes <br />necessary to recommend or not to recommend approval of site plan, <br />and therefore, such lack of votes is deemed to'be a denial of the <br />site plan.. Additionally, the site plan, without the necessity of <br />revision and with the conditions placed on it, meets the requisite <br />criteria in Indian River County for approval, as was demonstrated <br />by substantial competent evidence presented in support of this <br />application. <br />As required by law, please advise the County Administrator of this <br />appeal. As I understand it, in anticipation of an appeallbeing <br />initiated from this site plan application, it has been scheduled <br />for review before the Board of County Commissioners on July 12, <br />1994. <br />I appreciate your attention to this matter. If there are any <br />questions, please do not hesitate to contact me. <br />Very truly yours, <br />a <br />RAL H L. EVANS <br />58 <br />July 12, 1994 <br />