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Planning Director Stan Boling reviewed the memorandum and explained that, as the <br />LDRs now read, paving costs assessed to Mr. Chestnut would not be proportional to the <br />impact of this project. <br />Bruce Barkett, Attorney for owner, noted that case law says that when an application <br />is submitted, conditions have to relate to the impact of the project. The current ordinance <br />would require Mr. Chestnut to pave all the way from his project down 12' Avenue to Oslo <br />Road. <br />Director Boling stated that the reasoning behind the requirement is good but case law <br />states that the cost to the develop must bear a relationship to his particular project. In this <br />instance, Mr Chestnut's project will not have an impact equal to the requirement to pave all <br />of 12th Avenue to Oslo Road. <br />ON MOTION by Commissioner Macht, <br />SECONDED by Commissioner Adams, the Board <br />unanimously deleted the site plan approval LDR <br />Section 952.09(5)(c)5 road paving condition applied <br />to the Chestnut site plan; attached the following <br />replacement approval condition to the Chestnut site <br />plan project: "Prior to issuance of a Certificate of <br />Occupancy for the project, the developer shall pay <br />his fairshare for the paving of 12`" Avenue SW"; and <br />directed staff and the County Attorney's Office to <br />FEBRUARY 19, 2002 <br />-50- <br />