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M M M <br />Director Keating gave a brief explanation of the voucher <br />process for elderly occupants in the existing Section VIII housing <br />program. <br />Attorney Vitunac advised that the applicant has the initial <br />burden of proof to go forward, and having met that burden, the <br />Board must give the special exception requested unless the Board <br />makes findings that the special exception would not be compatible <br />or consistent with the Comprehensive Land Use Plan. Other reasons <br />would be that there would be adverse impacts or that the public <br />interest would be served. <br />Attorney Vitunac referred to the Snyder case which did away <br />with the Board's ability to act as a legislative body in matters <br />such as these and requires the Board to act in a quasi judicial <br />manner. If compatibility is the issue, then some evidence has to <br />be presented that can be taken to court. <br />Chairman Eggert opened the Public Hearing and asked if anyone <br />wished to be heard in this matter. <br />Bruce Barkett, attorney representing National Housing <br />Corporation, introduced the members of the development team before <br />beginning his arguments for special exception approval. Attorney <br />Barkett advised that a conservation easement will be granted over <br />the wetlands so they won't need all the density transfer. Those <br />wetlands cannot be developed unless the County releases the <br />conservation easement. <br />Attorney Barkett advised that all of the units will be <br />affordable housing for the elderly, which requires that one member <br />of the family be 62 years of age or older. The access easement at <br />the north end of the project was obtained just yesterday and their <br />driveway will align with 8th Street. Attorney Barkett stressed <br />that all of the conditions and recommendations made by staff and <br />the Planning & Zoning Commission have been agreed to by the <br />applicant. <br />Ray Batt, 36 Vista Gardens Trail, chairman of the Vista <br />Gardens planning & zoning committee, stated that he lives within 20 <br />feet of the project. He expressed their concern about the <br />increased traffic the proposed development would bring to Indian <br />River Boulevard. In his arguments against the Board giving special <br />exception approval to River Park Place, Mr. Batt made the following <br />points: <br />33 <br />JANUARY 289 1997 <br />