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• <br />There was a brief discussion to determine what property, whether County right-of- <br />way or Mr Esposito's, was encroached when the gate was open. It was understood that the <br />gate only opened when a vehicle exited from the subdivision. <br />MOTION WAS MADE by Commissioner Ginn, SECONDED <br />by Commissioner Macht, to approve staff's recommendation. <br />Chairman Stanbridge advised this was not a public hearing but the Commission <br />would hear brief public comments. <br />Tony Esposito, 624 23`d Street SE, claimed he knew nothing of this plan until about <br />an hour ago when Mr. Davis gave him the paperwork. He claimed Director Davis' secretary <br />told him she would mail it to him on Friday but he did not receive it. He called what he had <br />been hearing ridiculous because there are insufficient clearances. What is important to him <br />is that the gate in front of his property prevents him from utilizing his property the way he <br />built it; he was also concerned about the safety of his grandchildren. He believed the gate <br />was not to Code; he would accept if it were even close to Code, but nothing else. The time <br />the gate will be open and closed is irrelevant because it is in the wrong place; according to <br />State law it should not be in an intersection and he will provide a copy of that law. <br />Cal Brown informed the Commissioners that he represented the homeowners' <br />association and is a member there. He recalled the permit was issued in 1998; the gate has <br />existed over 3 years, has functioned properly, and was in compliance with then -existing <br />laws. The members expected a private subdivision with a gate and they are not disposed to <br />move the gate; over $30,000 as been invested in the gate. He thought the members are <br />happy to leave the gate open during the business hours of the day during this construction <br />period because it makes for a free flow of traffic. Huge cranes, larger than the County's <br />biggest fire truck, as well as cement trucks, have gotten into the subdivision Leaving the <br />January 15, 2002 <br />73 <br />Bi( i '5 E <br />f <br />• <br />