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Fr - Bog 4. Consistent result. Treating acquired rights-of-way and Murphy Deed Reservation areas the same in regard to setbacks will result in consistent setbacks along roadways. Such consistency ensures a minimum area of open space/green area along roadways between buildings and pavement. Treating reservation areas differently would result in varied building setbacks along many roadways where segments of acquired right-of-way adjoin segments of reservation area The segment of 474 Avenue adjacent to the Segals' property is such a segment. For f pure 43'd Avenue improvements, the county will need to acquire right"f-way adjacent to the subject reservation area On those adjacent sites, structures will not be allowed to be built up to the right-of-way line as now proposed by the Segals. *Board Options The matter before the Board is not specifically addressed in the LDRs. In staffs opinion, the matter involves two issues. One is the county's Murphy Deed Reservation policy, while the other is whether or not the Segals relied on county action to their detriment. Based on these two issues, the Board could: 1. Affirm the existing county policy of treating reservation areas as rights-of-way for setback purposes, and deny the appeal (upholding the County Administrator's decision). 2. Affirm the existing county policy, but permit the appeal based on a finding that county actions were relied upon by the Segals to their detriment. Change county policy to treat reservation areas as easements that can count toward meeting setback requirements, and grant the appeal. The Board can attach conditions to any decision made. RECOMMENDATION: Staff recommends that the Board of County Commissioners affirm cu: rent county policy regarding Murphy Deed Reservation areas and deny the appeal (upholding the County Administrator's decision). SEPTEMBER 1, 1998 -74- • 0