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Under discussion, Commissioner Bird commented he thought it <br />was the fairest thing to do to both parties; the County was not <br />"passing the buck", but putting it in the hands of the court. <br />Commissioner Eggert thought we were not only "passing the <br />buck" but aggressively exposing the County, but would not vote <br />against the motion. <br />THE. CHAIRMAN CALLED THE QUESTION and the <br />motion carried unanimously. <br />NEW ADDITION TO COUNTY ADMINISTRATION BUILDIN <br />Assistant County Attorney Terry O'Brien reviewed a Memorandum <br />of April 28, 1995: <br />TO: Board of County Commissioners ��-- <br />FROM: Terrence P. O'Brien, Assistant County Attorney <br />DATE: April 28, 1995 <br />RE: New Addition to the County Administration Building <br />The Board of County Commissioners at its regular meeting of April <br />18, 1995, authorized the staff to begin a feasibility study of adding a <br />fourth floor to the west wing of the .present administration building. <br />Such an addition would raise the height of the building to approximately <br />48 feet. <br />This brings into question whether the; Charter ,Amendment to the <br />City of Vero Beach Charter which limits heights in this zoning district <br />to 35 feet would preclude this addition. <br />There are several facts which could be interpreted as establishing <br />County grandfather rights to build to a greater height than 35 feet. <br />They are as follows: <br />1) The charter Amendment was adopted in 1989 and it provides <br />that the "building height limitations ... shall not be increased <br />by action of the City Council...." The intent of this Charter <br />Amendment was to preclude the City Council from amending <br />the zoning ordinance to increase height limitations and density <br />levels. The county proposal doesn't require any zoning <br />amendment it merely asks for its previously established <br />grandfather rights to be approved. <br />2) The County building when originally approved, long before <br />1989, was approved with the understanding that it might be <br />increased by at least one story. With this in mind, the <br />elevator was constructed to go to 5 stories and the roof of <br />51 <br />May 16, 1995 <br />BOOK 95 F.,)E 77 <br />