10/8/1996 - Laserfiche WebLink

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Boa 99 FnE 377 stated that he is expecting legal counsel to advise on the rights to 46th Street sometime this week which will, hopefully, resolve any issues regarding the water line. Chester Clem, attorney representing the Bakers, felt that the project is moving too quickly. He suggested that the applicant look at the possibility of easements on 44th Street where the current water line is located. Perhaps the electric lines should also be installed on 44th. His clients are very concerned about the native plants but are willing to sit down and try to work out a solution so it can be the best project possible. Helen Baker of 1590 46th Avenue showed the Commissioners some photographs of her front yard and said she feels the project is coming before the Board prematurely. They appreciate the swale being moved in order to save the vegetation but believe that more needs to be done. She stated that she had just returned from vacation and had one telephone call from Dr. Atamer on her answering machine. No one else has talked to them or approached them. If you nick the roots of a pine tree, it is history, and she believed that if the proposed plans for the water line under the road are followed, up to 40% of the root system of a live oak will be destroyed. Mrs. Baker stated that she is most passionate about her property but is certainly willing to try to reach some agreeable compromise; she just felt the project has been rushed too quickly. Director Boling stated that staff had contacted the property owner to the east regarding placement of the water line but has had no response as yet. Charles "Chuck" McKinnon, of 3405 Ocean Drive, the attorney representing Dr. and Mrs. Atamer, emphasized that his clients agree it is a beautiful neighborhood and assured the Board that they want to keep it that way. His clients would be more than happy to work with the Bakers and Mr. Clem to reach a reasonable solution to any problems or concerns. Chairman Adams suggested a 2 week delay to enable the parties to work out their differences, and Attorney McKinnon stressed that Dr. and Mrs. Atamer would prefer not to delay the matter. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, that the Board table Erol Atamer's PD special exception use request for a single family PD to be known as Hampton Woods East until October 22, 1996, instructing the applicant to come back with proposed plans and agreements regarding utilities. OCTOBER 8, 1996 48