A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 13, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, March 13, 1984, at 9:00 a.m. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.: Claude E. Smoak; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary Grover, Secretary.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Windram and

carried unanimously, the Board approved the Minutes of March 6, 1984, as submitted.

ELECTIONS

Commr. Burhans informed the Board that the Canvassing Board would be meeting tomorrow, March 14, 1984, at 8:00 a.m. He further informed the Board that there was a meeting this afternoon to check the machine which counts the absentee ballots. Commr. Carson stated that he had a conflict and would not be able to attend the Canvassing Board.

PERSONNEL/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved travel for Mrs. Einhouse and Mrs. Sink, Personnel, to attend a retirement seminar in Tallahassee, March 22, 1984, at an estimated cost of $175.00, as requested by Mr. Timmons, Personnel Director.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $363.00 to reimburse the Lake County Sheriff's Department for expenses for Sheriff Griffin's attendance at the Executive and Alternative Police Operations course held in February at the Rusty Pelican, Tampa, Florida.

POLLUTION CONTROL/PUBLIC WORKS

Commr. Burhans informed the Board that a memorandum had been received from Ms. Paulette Muller, Director of Pollution Control, regarding the Macks, Morton, Gibbs, et al., drainage problem. He stated that Ms. Muller had met with the St. Johns River Water Management District to evaluate the problem and any rules that might apply. He further stated none of the rules of St. Johns River Water Management District apply, nor do they have jurisdiction under the new rules, as the lake on the Macks' property is a little over 4 acres and in order for the lake to be under their jurisdiction, it would have to be five (5) acres or more. He stated that Mrs. Macks was requesting to be placed on the agenda to discuss alternatives.

Commr. Smoak stated he felt that all the Board members should see the area before any action is taken. He stated that he also felt if the Board approved Mrs. Macks' request, it would be setting a precedent.

Discussion occurred regarding the County's policy. It was noted that in the past the County has installed pipe which had been purchased by the property owners.

The Board instructed the staff to correspond with Mrs. Macks informing her that her request is contrary to the County policies and that the County would consider the possibility of installing the pipe providing the property owners are willing to purchase the pipe and give an easement.

APPRAISALS/CLAY PITS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Michael Willett, County Administrator, to obtain an appraisal on a

proposed clay pit on Dewey Robbins Road which is owned by William Floyd.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to purchase an emergency shower and eye wash combination for the Pollution Control Lab at an approximate cost of $350.00.

CLAY PITS/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Tavares for the County to provide three loads of clay for the ballfield off Bloxham Avenue in Tavares.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following travel requests:

1. Paulette Muller, David Rosenau, and Bob Erickson, Pollution Control Department, to attend the Thirteenth Annual Citrus Engineering Conference in Lakeland, Florida, on March 22, 1984, at a total cost of $75.00.



2. Paulette Muller, David Rosenau, and Donna Curtis, Pollution Control Department, to attend the Florida Growth Issues of the 1980's in Winter Park, Florida for a total cost of $30.00.



BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved cancellation of the following mobile home bonds in that the construction of the conventional dwelling unit has been completed and the mobile home removed from the property:

1. Hartley Cloos

2. Powell Walker

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the Lake Beauclaire Estates Subdivision plat for recording, accepted the Irrevocable Letter of Credit in the amount of $250,000 for construction purposes and approved the recording of the Subordination Agreement from Sumter Electric Cooperative.

COUNTY EMPLOYEES

The Board scheduled discussion on the County's reorganization for April 3, 1984, at 2:00 P.M.

COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved that the following items be deleted from the Bounty's Fixed Assets:

# Prop. Dept. Item Amount Reason

377 Surplus Steno Chair $ 25.00 To be junked

1719 Ag. Center (3) Folding Chairs 49.05 To be junked

3963 Surplus Hull's Wood Cabinet 36.00 To be junked

4302 Surplus Steno Chair 25.00 To be junked

4681 Surplus Contemporary Desk 138.00 To be junked

5244 Surplus Office Chair 29.00 To be junked

6092 Surplus Chair 3.00 To be junked

6136 Surplus Sharp Cassette Tape 84.95 To be junked

Rec.

Total $390.00

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds and cancellations:

NEW

1712-84 David C. Edenfield (General)

4098-84 Stan Dollen (Electrical)

CANCELLATION

554 Willie J. Adams

1883 Eddie Palmateer d/b/a Ace Heating & Air Conditioning

1878 Roger Wilder d/b/a Wilder Plumbing (Plumbing)

LICENSES & PERMITS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following gun permits and bonds:

NEW

Wendy J. Judy

RENEWALS

Tommie L. Breedlove Robert John Burke

George R. Eagon Bobby L. Leininger

Dale Lowell McClelland

ADDITIONS

Valeri Regina Meyer

LANDFILLS/ESCROW

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to refund Half Moon Pottie Service their landfill escrow in the amount of $73.00.

REPORTS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the following reports:

1. Distribution of Revenue, Traffic/Criminal cases for the week ending February 29, 1984, ($4,810.39).



2. Annual Financial Report for the Northwest Lake County Fire District for the year ending September 30, 1983.



JAIL

Mr. Watkins, Clerk, addressed the Board to make a report on behalf of the Jail Task Force Committee on their recent trip to Boulder, Colorado. He also informed the Board that Reynolds, Hills & Smith are proceeding with the study.

Mr. Watkins stated that a recommendation has been made to the Committee that at a future time, the Sheriff, the Commissioners, and a representative of the Judiciary System, should attend another conference. He informed the Board that the Committee would be reviewing other County jails in Florida which have recently been built.

PRIVATE INDUSTRY COUNCIL

James Flowers, Director of the Private Industry Council, addressed the Board to discuss his memorandum regarding the Volusia, Lake, Flagler, Private Industry Council, Inc., Job Training Plan, Program, year 1984-1985.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Volusia, Lake, Flagler, Private Industry Council, Inc., Program Year 1984-1985 Job Training Plan, which includes the Lake County programs; and authorized the Chairman to sign the necessary documents as presented by Mr. Flowers.

PRIVATE INDUSTRY COUNCIL

James Flowers, Director of the Private Industry Council, addressed the Board to discuss his memorandum regarding the Non- Financial Agreement with the Florida Job Service.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Non-Financial

Agreement with the Leesburg Office of the Job Service of Florida and authorized the Chairman to sign the necessary grant documents as recommended by Mr. Flowers.

PRIVATE INDUSTRY COUNCIL

James Flowers, Director of the Private Industry Council, addressed the Board to request approval on the modification to the Operational Plan, Job Service of Florida, for the fiscal year 1984. Mrs. Barbara Manning, Local Office Manager of Job Service of Florida, was also present to discuss the request.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the modification to the Operational Plan, Job Service of Florida, Leesburg Office, for the fiscal year 1984, and authorized the Chairman to sign the necessary documents as recommended by Mr. Flowers.

ACCOUNTS ALLOWED/PRIVATE INDUSTRY COUNCIL

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request for Robbie Baird, Coordinator-Private Sector, to attend the Making the Business Connection Seminar in Atlanta, Georgia on March 15- 6, 1984, with the travel, per diem and tuition fees being paid with JTPA funding.

RECESS & REASSEMBLY

At 10:35 a.m. the Chairman announced that the Board would

recess and reconvene at 11:OO a.m.

CONTRACTS, LEASES&AGREEMENTS/COMMUNICATIONS

Mr. Watkins, Clerk, read a letter to the Board from Action Cable, Inc. requesting that their cable franchise be re-instated.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to reinstate the non- exclusive franchise for Action Cable, Inc. with a one-year termination clause.

CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS

Mr. Watkins, Clerk, read a letter to the Board from Group W Cable, Inc. regarding their request to transfer their cable television franchise to Cablevision Industries of Florida, Inc. Mr. Doub, District Manager, requested in his letter that Paragraph 27, Page 9 of the agreement which indicates that the company agrees to furnish service to residences or businesses at a rate of 35 homes per linear strand mile from existing cable TV be changed to 50 homes per linear strand mile.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed that a letter be written to Cablevision Industries of Central Florida, Inc. informing them that the Board feels that the 35 hookups per linear strand mile is an economically feasible unit and that their request to change the hookups to 50 was denied

On a motion by Commr . Smoak, seconded by Commr . Deems and carried unanimously, the Board approved to grant a non-exclusive franchise to Cablevision Industries of Central Florida, Inc.

DEEDS/MUNICIPALITIES

Chris Ford, County Attorney, informed the Board that he had prepared the Deed and Resolution for the City of Astatula in regards to the County conveying to the City of Astatula land for the purposes of expanding their recreation park. He referred the Deed and Resolution to Mike Willett, County Administrator, for his review.

GAME & FRESH WATER FISH COMMISSION/RESOLUTIONS

Commr . Carson addressed the Board to discuss a letter received from Mr. Heppberger, Lake Improvement Association, Inc., in regards to the use of fish traps and hoop nets in Lake County.

It was noted in the letter, dated April 12, 1976, that the LIA Board of Directors recommended limiting commercial fishing practices to the use of trot lines only - in Lake County. Commr . Carson stated that the County went on record at that time opposing the use of fish traps and hoop nets. He further stated that Mr. Heppberger is requesting that the Board consider re- inforcing that position at this time.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for a Resolution to be sent to the Florida Game & Fresh Water Fish Commission indicating that the Board, representing the people of Lake County, wished to go on record as being in opposition to the use of fish traps or hoop nets in Lake County.

RECESS & REASSEMBLY

At 11:15 a.m. the Chairman announced that the Board would recess until 2:00 p.m. The Board reconvened at 2:00 p.m. for Rezoning.

REZONING

PUBLIC HEARING 18-84-1 RR to A David Moulton, Sr.

PUBLIC HEARING CUP #900-l CUP in A David Moulton, Sr.

No one present wished to discuss these cases with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until April 10, 1984, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING CUP #702A-1 CUP in RM Orange Blossom

Hills, Inc.

Mr. Jerry Sexton, Planning & Zoning Coordinator, informed the Board that the staff had met with Sandy Minkoff, County Attorney's Office, and had rewritten the Conditional Use Permit. He explained the revisions which were made to modify the current Conditional Use Permit. It was noted that the request would be amending the original Conditional Use Permit and that a new permit was not written due to the time frame in advertising the case.

Mr. Gary Morse, Vice President of the Orange Blossom Hills, Inc., addressed the Board and stated that he was in favor of the revised Conditional Use Permit.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend the CUP in R M (Mobile Home Residential) for a clubhouse with food service and recreational facility, as presented by the Planning Department.

PUBLIC HEARING #l-84-4 A to RR Lesbar Enterprises, Inc.

Mr. Lewis Stone, attorney representing Mr. Kalmanson, addressed the Board objecting to the Planning Commission's recommendation of denial. He stated that the applicant was requesting to place 55 one-acre lots on the property. He stated that the subdivision would be conventional housing, there would be paved roads, a homeowner's association, and deed restrictions.

Mr. Coffield, of Durden, Wicks & Associates, Inc., was present to answer any questions that the Board might have in regards to the engineering aspects of the project.

Mr. Henry Roberts, Lake Norris Road, addressed the Board objecting to the rezoning and stated that he would like the zoning in the area to remain as agricultural.

Mr. Atkins, Lake Norris Road, informed the Board that he objected to the rezoning as he felt it was spot zoning and that he did not want that type of zoning in the area.

Mr. Sutton, Orlando; and Mr. Jumper, Eustis, also addressed the Board in opposition to the rezoning.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #10-84-4 A to RR Vonell Miller

M S . Paulette Muller, Pollution Control Director, addressed the Board and stated that Pollution Control had reservations in regards to the development of the property. She expressed concern regarding possible drainage problems should both a Church and school be constructed on the property.

Mr. Del Potter, attorney representing the petitioner, stated that if the Conditional Use Permit was not approved, then they would not want the property to be rezoned to RR (Rural Residential). He further presented a letter from Mr. Wicks, of Durden, Wicks & Associates, Inc., in regards to the engineering aspect of the project.

Discussion occurred regarding the site being located very near the Mid Florida Airport at Eustis where possible land use conflicts (noise, hazards) may occur.

Mr. Gary Phanta, Eustis, addressed the Board to discuss the rezoning.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING CUP #896-4 CUP in RR Vonell Miller

Mr. De1 Potter, attorney representing the petitioner, was present to discuss the request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following amendments to the Conditional Use Permit:

1. Background: The applicant is desirous of utilizing the 3.5 acre tract of land for a church and a church school in the Eustis area.



2. Terms; Definition of Church Facilities: add language to include a day school run and operated by the Church organization.



On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the CUP in RR (Rural Residential) for a church and school as amended.

PUBLIC HEARING #2-84-l RM to R-1-15 Joseph F. Fedor

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from RM (Mobile Home Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING #15-84-5 A to RR Helen 0. Kemp

No one present wished to discuss this case with the Board.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #28-84-4 A to AR J. St. Clair White, et al.

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING #16-84-4 A to AR Blaine & Carol Godlove

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING #25-84-4 A to RR Malon L. Cheatham

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #26-84-4 A to C-2 M.M. Cheatham

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to C-2 (Community Commercial).

PUBLIC HEAPING #27-84-4 A to RR B.T. Cheatham

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #21-84-4 C-l to CP William & Geraldine

Tschida

Mr. William Tschida, petitioner, was present to discuss this case with the Board. He presented the Board with a proposed site plan.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-l (Rural or Tourist) to CP (Planned Commercial) for a child day care center, subject to Mr. Tschida providing the County with a driveway easement for access to the rear of the property.

PUBLIC HEARING #14-84-4 RR to RP Clara E. Inglis

No one present wished to discuss this case with the Board. On a motion by Commr. Windram, seconded by Commr. Smoak and

carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural Residential) to RP (Multiple Family Residential-Professional).

PUBLIC HEARING #23-84-5 R-1-7 to RM Breck L. Johnson

Mr. Clayton Lovelace, Shelly Drive, addressed the Board opposing to any ingress and egress on to Shelly Drive. He stated that he felt the ingress and egress should be on Goose Creek Road.

Mr. Breck Johnson, petitioner, addressed the Board to answer any questions the Board or audience might have.

Chris Ford, County Attorney, informed the Board that as Shelly Drive is a County maintained road and if the right-of-way to Mr. Johnson's property touched the road in question, then he could not be restricted from using Shelly Drive.

The Board recessed for five (5) minutes until the Planning Department could obtain a map.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to RM (Mobile Home Residential).

Commr. Smoak was not present for the vote.

PUBLIC HEARING CUP #897-5 CUP in M-l Dura-Stress, Inc.

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in M-l (Heavy Industrial) for a caretaker's residence.

PUBLIC HEARING #19-84-l RR to A or RA Carl & Marcia Jentsch

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural Residential) to RA (Ranchette).

PUBLIC HEARING #31-84-l A to RR Albert L. Honevcutt

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #17-84-2 RMRP to R-l-7 or R-l-5 Dencov &

Gloria Bryant

No one present wished to discuss this case with the Board.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RMRP (Mobile Home Rental Residential) to R-l-5 (Urban Residential).

Mr. William Parrish addressed the Board to discuss the approval on the zoning request.

PUBLIC HEARING CUP #898-2 CUP in LM Evelio Acosta

No one present wished to discuss this case with the Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in LM (Light Manufacturing, Warehousing, Research or Professional) for a mobile home care-taker's residence.

PUBLIC HEARING #24-84-2 R-1-7 to CP Huland L. Gentry

No one present wished to discuss this case with the Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban

Residential) to CP (Planned Commercial) for a postal facility. PUBLIC HEARING #22-84-3 A to MP Douglas L. Couch

Mr. Douglas Couch, petitioner, was present to discuss the request with the Board.

Commr. Windram informed the Board that he had met with Mr. and Mrs. Couch to discuss alternatives.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to MP (Planned Industrial).

Commr. Smoak voted "NO" and stated that he could not support the rezoning as he felt it would be setting a precendent of spot.zoning of a one-acre tract in a totally zoned agricultural community. community.

PUBLIC HEARING #29-84-3 PUBLIC HEARING #29-84-3 MP to M-l MP to M-l Richard L Renay-Crowder Richard & Renay-Crowder

Mr. George Hovis, attorney representing the petitioner, was Mr. George Hovis, attorney representing the petitioner, was present to discuss the case with the Board.

Commr. Smoak informed the Board that he is an adjacent property owner. He stated that the County does not have right-of- way on the road and that the road is in poor condition. He further stated that as an adjacent property, he did not have any personal objections to the rezoning.

Mr. Hovis informed the Board that his clients were requesting MP (Planned Industrial) zoning for a truss manufacturing plant to include pre-hung doors. He stated that the property could not be utilized for agricultural uses.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend the MP (Planned Industrial) zoning for a truss manufacturing plant to include pre-hung doors, associated lumber storage and an office.

PUBLIC HEARING #30-84-3 MP to M-l Ben & Jo Ann Cunningham

Mr. George Hovis, attorney representing the petitioner, was present to discuss the case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend the MP (Planned Industrial) zoning for an office building to include storage and repair of associated vehicles, office equipment, with no storage of toxic wastes.

Commr. Smoak informed the Board that the Public Works Department had placed Mohawk Road on the priority road list last year and that he had it removed from the list.

PUBLIC HEARING #20-84-2 LM to R-1-6 Carrie L. Kirkland

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from LM (Light

Manufacturing) to R-l-6 (Residential).

BUILDING DEPARTMENT/PUBLIC WORKS

Commr. Smoak informed the Board that Mike Willett, County Administrator, and Guy White, Zoning, were investigating a matter in regards to a piece of property, owned by Mr. Archie Rutledge, which had been divided into two 20-acre parcels. He stated that there was a 66 foot right-of-way into the property and at the beginning of the frontage of that property, 1,095 feet off the road there is a 60 foot deeded and recorded easement. He stated that in 1981 one of the 20 acre tracts was sold, which divided the tract into a 13 acre tract and a 7 acre tract. He explained that Mr. Kirk Harris, who bought the 7 acre tract had checked at that time to see if he would be able to obtain a building permit. He further explained that since that time, the Ordinance has been revised and a building permit cannot be granted because the easement does not meet the County clay road standards.

Mike Willett, County Administrator, stated that the Board could consider waiving the clay road requirements and a building permit could be issued. Commr. Smoak pointed out that if the requirements were waived for that tract of land, then the requirements should be waived for the other 20 acre parcel.

Mr. Ford, County Attorney, stated that the Board could determine the property was grandfathered in and that since Mr. Harris had been told previously by the Building Department that he could obtain a building permit, the Board could issue Mr. Harris a permit.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to grandfather in those tracts of property as mentioned and approved that a building permit be issued to Mr. Harris.

Commr. Smoak requested that Mike Willett check on other properties in the area which are being offered for sale and inform the sales agent of the County's current regulations.

There being no further business to be brought to the

attention of the Board, the meeting adjourned at 4:35 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

mcg/3-15-84

3/13/84