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LIJ <br />_t x9illU/_o \� 1 _ Y 1 <br />Based on the analysis performed, staff recommends that the Board of County Commissioners: <br />1. Make a finding that the Planning and Zoning Commission's decisiondid not fail any <br />of the areas outlined in LDR section 902.07, and <br />2. Deny the appeal and uphold the Planning and Zoning Commission's decision that <br />Preliminary plat approval and the land development permit for Oak Terrace Phase 2 <br />had expired and that re-application for preliminary plat and land development permit <br />(or permit waiver) for Oak Terrace Phase 2 is required. <br />ATTACHMENTS: <br />1. Letter of Appeal of Staff's Determination <br />2. - Location Map <br />3. Approved Preliminary Plat <br />4. Attorney's Opinion <br />5. Approved minutes from the April 22, 1999, Planning & Zoning Commission Meeting <br />6. Letter of Appeal of Planning and Zoning Commission's. Decision <br />Director Boling pointed out that a courtesy notice was sent to the neighbors and there <br />may be persons who would like to speak to this issue. He reviewed the guidelines for the <br />appeal and staff's recommendation as set forth in the above memorandum. <br />County Attorney Vitunac thought this would be a very simple matter and explained <br />the old and new rules and the preference to use the new rules. He stated that Mr. Sabonjohn <br />had his permit for five years and it could be presumed that he had abandoned the plat, but <br />Mr. Sabonjohn may have some arguments. <br />Peter Sabonjohn recounted the history of his work on Phase I of Oak Terrace. He <br />had built his development as a one-man army and as a cancer survivor. He wasn't aware of <br />the new rules and he believed his development should have been grandfathered in. It was <br />not fair to have to go by new rules. He stated that all work (roads, water, drainage, signs, <br />streets) was done under Phases 1 and 2. Under the new regulations, the requirement for <br />sewers will be a large burden. He found out that none of his prospective buyers wanted a <br />lot in Phase.1, which was ready to be built, they all wanted a Phase 2 lot. <br />AUGUST 17, 1999 <br />We <br />4 <br />