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3/7/2000
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3/7/2000
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/07/2000
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BOOK t IXUE 92 <br />unique area and he stated that the proposed building will "stick out like a sore thumb" when <br />you consider development from 1970 to the present to the north of Summerplace. He <br />disputed that this would be considered a "taking" as there is ample land behind the 1987 <br />CCCL for this project. Their concern is about the erosion and the Browns relied on the <br />CCCL when they built. The PZC did not want to abrogate their responsibility and use the <br />"may" in the regulations. They did not say "don't build", they said "move it back." He felt <br />the Board had every tool needed to move the building back. <br />Commissioner Macht asked Acting County Attorney O'Brien if the Board denied the <br />permission to build the present proposed site plan, citing the severity of erosion in the <br />adjacent area, would the Board be on fairly safe ground. <br />Attorney O'Brien thought there would not be a "taking" issue. If this is appealed to <br />court, they would say, "what criteria did you use to make this determination", and he was <br />unsure what that would be. <br />William G. Glynn, 1802 Barefoot Place, Vero Beach, as president of the <br />Summerplace Improvement Association and also president of the North Beach Civic <br />Association, stated that the groups support and applaud the position of the PZC on this <br />matter. They do not ever want to take a position that would cause a "taking" of a property <br />or impose a restriction that would cause a person not to use their property, but this does not <br />fall into either of those categories. There is more than sufficient room to build the houses <br />on the property without putting them right up to the dune. He questioned the 85' setback <br />because the dune has eroded. There has been more erosion since the presented photos were <br />taken in May 1998. Summerplace now has over 1800 feet of seawall thanks to Mr. <br />Tomasello. By building where they want to build, they are creating a future problem. He <br />had spoken with Mr. Brown and his representatives, hoping to reach some kind of agreement <br />the Commissioners could live with, but was not successful. He called this a "King Solomon" <br />March 7, 2000 <br />58 <br />
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