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Bou .1.04 PAGE 83 1 <br />County Attorney Vitunac emphasized that the key to determining when the Board is <br />allowed to vote each Commissioner's conscience. Today the Board is sitting as a quasi- <br />judicial body and there is only 1 party giving evidence. The Board has no evidence to vote <br />otherwise unless someone appears with opposing evidence. Another alternative would be <br />to hire an opposing consultant and listen to both sides. <br />Commissioner Ginn felt obtaining a another consultant's environmental survey would <br />only lead to a stalemate and questioned whether the Board could act on evidence presented <br />in the backup. <br />County Attorney Vitunac stressed that staff's uncontroverted testimony is that the <br />rezoning meets the County's Code. He felt the Board needs to be certain they have staff <br />members in whom they can have confidence. <br />Commissioner Macht emphasized that he believed staff to be very competent and felt <br />the remedy would be in legislation. <br />Attorney O'Haire commented that the Supreme Court says that involving politics <br />in private property rights is illegal and unAmerican. He reminded the Board they must have <br />opposing evidence to render an adverse decision and that they could not decide on the basis <br />of gut feelings. <br />THE CHAIRMAN CALLED THE QUESTION and <br />the Board, by a 3-2 vote (Commissioners Ginn and <br />Macht opposed) adopted Ordinance 98-001 <br />amending the Zoning Ordinance and the <br />accompanying Zoning Map from RS -1 and RS -6 to <br />RM -8, for the property located on the North side of <br />41' Street, east of Indian River Boulevard, and <br />described herein, and providing for effective date <br />(Richard W. Tobin, Jr.). <br />ORDINANCE NO. 98-01 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE <br />ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -1 AND <br />RS -6 TO RM -8, FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF <br />41ST STREET, EAST OF INDIAN RIVER BOULEVARD, AND DESCRIBED <br />HEREIN, AND PROVIDING FOR EFFECTIVE DATE. <br />WHEREAS, the Planning and Zoning Commission, sitting as the <br />local planning agency on such matters, has held a public hearing <br />and subsequently made a recommendation regarding this rezoning <br />request; and - <br />JANUARY 13, 1998 <br />-26- <br />• 0 <br />