A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 14, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, July 14, 1987 at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr. (not present); James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: Sanford Minkoff, County Attorney's Office; Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Assistant; Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.

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

MINUTES

Discussion occurred regarding the Minutes of July 7, 1987, and suggested amendments were made for clarification.

On a motion by Commr. Rurhans, seconded by Commr. Carson and carried unanimously, the Board approved to postpone action on the Minutes of July 7, 1987, until the July 21, 1987, meeting.

BONDS - CONTRACTOR

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

New

4484-87 Wilbanks Roofing, Inc. (Roofing)

4485-87 Howard Pullinyer d/b/a Pullinyer Electric (Electrical)

4486-87 Martin Ricket (Electrical)

4487-87 William A. Horn & Sanford Electric Co., Inc. (Electrical)

4488-87 William Frank Alderton (Heating & Air Conditioning)

4489-87 Emerson J. Kelly (Electrical)

4490-87 Howard Dean Adams and Evans Septic Tank and Ready Mix,

Inc. (Septic Tank Installation)

4491-87 Bradford H. Martin d/b/a Martin Electric Service Co.

(Electrical)

4492-87 Michael Scott (Master Plumber)

4493-87 Jack Leist d/b/a Jack L. Leist Construction

4494-87 Paul Mazak (Swimming Pool Contractor)

4495-87 Dale Yox (Electrical Contractor)

4496-87 The Boston Corporation of Mt. Dora (Residential Const.)

4497-87 Sean L. McCarthy d/b/a Energy Reduction Systems (Elec.)

4499-87 Timothy Hefner d/b/a Hefner Plumbing (Plumbing)

4500-87 Milton Chesser d/b/a AA Electric Service (Electrical)

4501-87 Lecil Johnson (Roofing Contractor)

LICENSES AND PERMITS

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

New Renewals Additions

Neal C. Perkins John P. Westervelt, II Robert W. Williams

James W. Asmus Sharlene B. Coker D. P. Wilder

Robert J. Grayford Ray D. Branham

Edward J. Davis

James B. Parent

Robert E. Slenker

Clara W. Slenker

Thomas G. Raz

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week ending June 30, 1987, in the amount of $23,859.60.

ACCOUNTS ALLOWED/ASSESSMENTS/COURTS-JUDGES/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, State of Florida vs. Rodney Dean Ralph, Case No. 86-18,604TTFP. in the amount of $100.00.

Included in the motion was approval and signature authorization on the following Satisfaction of Assessment Liens:

Imperial Mobile Terrace

Grace I. Clark $ 172.37

Birr Park Subdivision

Shirley M. Terry $2,307.44

Hilltop Subdivision

Frank & Margaret Chambers $ 747.04

Garcias Subdivision

Willie James Williams & Sheryl Yvonne

Williams $ 162.93

Lake Junietta Homesites

Jerry W. & Barbara Thompson $ 641.55

Country Club View Subdivision 1st Addition

F. B. Ezell, Jr. $ 357.47

Harbor Shores Unit 1

John M. Gibson $ 358.30

Florida Fruitland Park Tropical Homesites

Margaret Laur Morris $1,342.80

Margaret Laur Morris 1,593.09

Lake View Heights 2nd Addition

Frank L. & Louise Adams $ 741.66

D. w. & Barbara Gay 788.04

Eustis Heights

Lake Media Inc. $ 264.28

Lake Media Inc. 264.28

Lake Media Inc. 264.28

Lake Media Inc. 221.79

Lake Media Inc. 663.74

Lake Media Inc. 2,213.15

Highland Lakes Subdivision

Marshall H. Gaard $ 184.14

Marshall Gaard 1,036.80

Richard Earl Carroll 633.17

Richard Earl Carroll 634.89

COUNTY ADMINISTRATOR'S AGENDA

ASSESSMENTS/ROAD PROJECTS/RIGHT-OF-WAYS, ROADS & EASEMENTS

Mr. Michael C. Willett, County Administrator, discussed with the Board the Special Assessment project, on Ike Street, in Bassville Park.

Mr. Willett stated that Ike Street runs parallel to CR473, and there are parcels of land in between that are owned by the State, but under County jurisdiction. One side of Ike Street is mainly owned by Sumter Electric, with the County also having jurisdiction of a parcel of land that is a drainage retention area for CR473. The County is going to have to pay for the State property, and Sumter Electric is not willing to pay the lien assessment. Mr. Willett recommended that the County pay 50% and the lot owners pay the remaining SO% of the cost on the assessment.

Mrs. Kathy McDonald, County Administrator's Assistant, stated that Sumter Electric has agreed to give to the County 25 feet of right-of-way, and move their poles and fence, at their expense.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to communicate to the landowners, that the County would be willing to reclassify Ike Street as a collector road, in order tor the County to pick up 50% of the cost of the improvements, if they would be willing to sign the petition for the other 50%, subject to the provisions indicated by Sumter Electric.

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to report on the Insurance Services Offices (ISO) evaluation. Mr. Sowers stated that the goal of Lake County was to get everyone out of the class ten (10) rating, and into at least a class nine (9), so that insurance can be obtained, with a considerable reduction in premiums. He further stated that this indicates, percentage wise, that it is going to save the homeowner a considerable amount of the fire structure tax ($35.00).

Mr. Sowers stated that a few areas have problems, only because credit cannot be given for the fire stations that are not presently under a structure, such as Lake Kathryn.

At this time Mr. Sowers referred to a map of the fire districts and indicated the ratings received and the possibilities for the future.

It was noted that the evaluation would not be official until October, 1987.

ANIMAL CONTROL/CONTRACTS LEASES & AGREEMENTS/MUNICIPALITIES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures, on the County/Municipal Animal Control Agreement, with the City of Clermont.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for Dennis Dorsey, Assistant to the Personnel Director, to attend a seminar, on the use of computers in the Personnel Department, in Tampa, on July 28, 1957, at an estimated cost of $300.00.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for final plat approval of Raintree Harbor, Phase I, and acceptance of an Irrevocable Letter of Credit, in the amount of $220,581.90, for performance.

RESOLUTIONS/WATER AUTHORITY/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request and authorized the proper signatures on Resolutions designating waterway speed signs, to be placed on the Lake Dora/Lake Beauclair Canal, and on the St. Johns River, near the Astor Boat Ramp.

ACCOUNTS ALLOWED/ROAD PROJECTS

Discussion occurred regarding the request to award Project No. 15-87, Lake Louisa Road, #3-0847, to Trac Roadbuilders, in the amount of $320,871.00.

Mr. Michael C. Willett, County Administrator, informed the Board that Mr. Ben Benedum, Director of Public Works, has been communicating with Mr. R. E. Oswald, the owner of a piece of property on Lake Louisa Road, which the County is negotiating with, regarding a proposed road project on said road. He stated that discussion has occurred to move this road to come in north of the existing area.

Mr. Benedum stated that the Department of Transportation (DOT) has approved this proposal, because it gives a better sight distance for traffic coming out of Lake Louisa Road and entering Highway 27. He stated that Mr. Oswald has made this proposal, which gives the County 80 feet of right-of-way. He further stated that the proposal includes a fire station site, which they have donated to the County, to be located at the end of the road, leaving the existing roadway, so that the fire department will have separate access to Highway 27.

Mr. Benedum stated that there would be a $26,800.00 increase in the original costs for the alignment.

Mr. Willett stated that a letter received from Mr. Oswald stated that he wanted to give the County the 80 feet of right-of-my, in lieu of the additional costs. A Warranty Deed had been delivered to the County.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to postpone the awarding of Project No. 15-87, Lake Louisa Road, #3-0847, to Trac Roadbuilders, in the amount of $320,871.00, until July 21, 1987.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board instructed Mr. Benedum and/or Mr. Willett to negotiate with the landowner, and express the feelings of the Board that, if the road is relocated, the additional costs of the relocation should be borne by the landowner.

RESOLUTIONS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

ROADS-COUNTY AND STATE/SIGNS

Mr. Michael C. Willett, County Administrator, requested approval to place "NO Parking" siyns at the intersection of Highway 33 and Highway 48, on the north side of the road.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request, as presented by Mr. Willett.

Mr. Sandy Minkoff, County Attorney's Office, stated that a court action will be filed to entitle the surveyors to survey the right-of-way, due to problems that have occurred at the intersection.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to pursue a court order to authorize the surveyor to survey the right-of-way.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to accept the following right-of-way deeds:

FL Dist. Church of Nazarene #3-1548 Mohawk Road

Glenn/Florence Parker #l-7310 Gray's Airport Rd.

Glenn Parker #l-7310 Gray's Airport Rd.

Penrose Rowley/Louise

Westbrook/Harold Coffman/

Howard Nichols #5-8279 Hawkins Road

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board appointed Mrs. Lucy Deems and Ms. Sarah Wilkerson to the Advisory Committee, for the Lake County Historical Museum.

Commr. Deems declared a conflict of interest, due to being related to Mrs. Deems.

At this time Commr. Burhans stated that a member was needed from the School Board.

APPRAISALS/COMMITTEES

Commr. Deems discussed with the Board an offer from Kathryn Olguin, to sell her property to the County, which is located at 415 Maude Street, Tavares. This site is immediately north of the Personnel/Purchasing huildiny and west of the old Juvenile Shelter.

The County has shown some interest in the site duriny the past.

Commr. Deems stated that the Building Committee does not recommend the County purchasing the property, because they did not feel that there was a need for it at this time, hut that the offer needed official action by the Board.

Commr. Deems informed the Board that Mrs. Olguin was asking $65,000.00. Three years ago an appraisal was done and indicated a value of $55,900.00.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to follow the recommendations of the Building Committee and decline the offer, and directed a letter of appreciation for extending to the County the first option to buy.

ACCOUNTS ALLOWED/APPRAISALS/COMMITTEES

Mr. Sandy Minkoff, County Attorney's Office, discussed with the Board a proposal received from Lyndon Sims, to sell two lots fronting on Main Street, to the County, in the amount of $70,000.00. The appraisal value that the County had received was $51,000.00.

Mr. Minkoff spoke briefly of an offer from an individual, for property in this block, that is owned by the State. This has not yet gone to the Building Committee for a recommendation.

No action was taken at this time.

ACCOUNTS ALLOWED/JAILS/SHERIFF'S DEPARTMENT

Discussion occurred regarding a request from Sheriff Noel E. Griffin, for payment of medical statements for pre-existing injuries/illnesses of inmates confined to the Lake County Jail.

No action was taken at this time.

EDUCATION

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Lake-Sumter community College, for the use of the Commissioner's Conference Room, for legal classes, August 27 to December 9, 1987.

RECESS & REASSEMBLY

At 10:15 a.m. the Chairman announced that the Board would recess for fifteen minutes.

ACCOUNTS ALLOWED/JAILS/SHERIFF'S DEPARTMENT (CONT'D.)

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, for payment of medical statements, totaling $556.00, for pre-existing injuries/illnesses of inmates confined to the Lake County Jail.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/ORDINANCES

PLANNING DEPARTMENT

Mr. Michael Szunyog, Director of Development Coordination, appeared before the Board to discuss the Planning Interlocal Agreements signed by the municipalities. At this time he stated that the following municipalities have signed the agreement:

Eustis Mt. Dora

Umatilla Howey-in-the-Hills

Minneola Groveland

Mascotte Fruitland Park

Mr. Szunyog informed the Board that the City of Eustis has passed an ordinance, which is, in essence, the Interlocal Agreement. The City added to the agreement an attachment, which calls for frontage roads and landscape requirements along U.S. 441 within the Fustis planning area, as indicated in the ordinance, and, the effective date of the ordinance is contingent upon its passage by the County.

Mr. Szunyog stated that the staff agrees that there should be a frontage road requirement, and is now preparing a proposal to amend the County zoning ordinance, to apply such a requirement to U.S. 441, U.S. 27, S.R. 50, and other appropriate highways.

Mr. Szunyog stated that it is the County Attorney's opinion that an ordinance is an inappropriate form for an interlocal agreement, because of its legal ramifications. Therefore, in the case of the agreement with the City of Eustis, the County recommends postponing its adoption by the County, until these issues can be resolved. Mr. Szunyog stated that the County did recommend that the Chairman be authorized to sign the remaining seven agreements.

Commr. Carson made a motion, which was seconded by Commr. Burhans, to authorize the proper signatures on the Interlocal Agreement Lake County Joint Planning Area, for all of the above cities, excluding the City of Eustis.

Mr. Mike Stearman, City Manager of Eustis, a nd Mr. Dayton Sandholm, City Commissioner of the City of Mt. Dora, appeared before the Board to discuss an area referred to as a free zone, at the intersection of U.S. 441 and C-44B (Donnelly Street extension). This corner was designated by the two cities as a n area where they would have to work together in preparing any plans or reviewing any proposals. At this time the Board referred to a letter received from H. James Simpson, Jr., by Howard J. Simpson.

The Chairman called for a vote on the above motion, which was carried unanimously.

Commr. Carson made a motion , which was seconded by Commr. Burhans, to deny the authorization of signatures on the Interlocal Agreement/Ordinance with the City of Eustis.

Under discussion, Mr. Stearman and Mr. Derryl Benton, Mayor of the City of Eustis, addressed the Board on the interpretation of the Interlocal Agreement and their concerns.

Mr. Stearman suggested that Commr. Carson amend his motion to approve the standard agreement, for the City of Eustis, as approved for the other seven cities.

Discussion occurred regarding an amended agreement being prepared and presented to the Board next week, from the City of Eustis.

The Chairman called for a vote on the motion, which was carried unanimously, to deny the Interlocal Agreement/Ordinance with the City of Eustis, as presented today.

ACCOUNTS ALLOWED/COMMITTEES/FAIRGROUNDS

Commr. Burhans informed the Board of the recommendations made by the Lake County Tourist Development Council, regarding negotiating an offer for an additional 40 acres, at $4,000.00, and paying $225,000.00 on the land debt.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to direct Mr. Willett, County Administrator, to begin negotiations on an additional 40 acres of property, for the Expo Center, and to pay $225,000.00 on the land debt.

RECESS & REASSEMBLY

At 11:25 a.m. the Board recessed for lunch and reconvened at 2:00 p.m. for Rezoning.

ZONING

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the withdrawals of the following requests for rezoning:

CUP #87/6/7-2 Garfield Woodson

#84-87-4 Omer Schrock

CUP #87/6/8-5 William Hawkins

PUBLIC HEARING #62-87-2 Donald B. Bailey

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RE (Residential Estates).

PUBLIC HEARING CUP #87/5/2-4 Alice Midwood

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in 4 (Agricultural), for a home occupation for an antique shop.

PUBLIC HEARING #65-87-4 Joan L Henns

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), for storage units and rental spaces.

PUBLIC HEARING CUP #617-l Lake County Development

Coordination Staff

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to revoke CUP #617-l, which permits a hog farm on the subject site.

PUBLIC HEARING #88-87-l C. Russell Bryant

Mr. Jim Miller, agent for the seller, appeared before the Board and discussed conditions indicated by the City of Leesburg; one being a requirement of 66 feet for a right-of-way.

Commr. Deems requested that the record reflect him declaring a conflict of interest at this point.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), for a community recreational facility.

Commr. Deems declared a conflict of interest and did not vote.

PUBLIC HEARING CUP #87/6/2-l Albert F. Migan

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), for a home occupation for motorcycle sales and service, and auto restoration.

Commr. Deems declared a conflict of interest and did not vote, due to owning adjacent property.

PUBLIC HEARING #18-85-2B Paul Hanna

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a major amendment of the approved preliminary development plan of PUD #14-85 and the variance of cul-de-sac length.

PUBLIC HEARING #83-87-2 Ida Mae Counts & Joel D. Lakes

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING CUP #87/6/4-2 John Blizzard

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in RA (Ranchette District), for a caretaker's residence.

PUBLIC HEARING CUP #87/6/5-2 A. E. Anderson

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for land leveling and extraction.

PUBLIC HEARING #79-87-3 Michael L. Ferguson

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request from R-l-7 (Urban Residential) to AR (Agricultural Residential).

PUBLIC HEARING CUP #87/6/l-3 Peter G. Murray

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in C-l (Rural or Tourist Commercial), for a mobile home for a caretaker's residence.

PUBLIC HEARING CUP #87/6/3-3 Penny Alspaugh, et al

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning a n d Zoning Commission and approved the request for a CUP in A (Agricultural), for .a welding and fabricating shop.

PUBLIC HEARING #80-87-4 Orelco, Inc.

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to MP (Planned Industrial), for offices and light manufacturing uses.

PUBLIC HEARING #81-87-4 David Daugherty

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied, without prejudice, the request for rezoning from RR (Rural Residential) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING #82-87-4 Audrey Engle

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to LM (Light Manufacturing).

PUBLIC HEARING #86-87-4 AAA Improvement Co.

Ms. Cecelia Bonafay, attorney representing the applicant, appeared before the Board to discuss the request. She stated that, even the recommendation from the Planning and Zoning Commission was negative, the recommendation from the County staff was positive. She stated that the request was in conformity with the Comprehensive Plan and was compatible with the surrounding zoning. Ms. Bonafay stated that the only access to the property was Vine Street, and the applicant would be severely limited to the use of the property.

Mrs. Katherine Stadlmeir, Sorrento, appeared before the Board in support of the denial of the request. She stated that there had been 186 letters submitted against the request. At this time, she discussed her concerns with the surrounding walls; legal access by only Vine Street; soils being placid (wetland soil); and mud slings occurring on the property.

Discussion occurred regarding the possibility of a central water and sewer system, and the number of permits that could possibly be allowed.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #87-87-4 John Weatherford

Mr. David Rider, adjoining property owner, appeared before the Board to speak in behalf of himself and his surrounding neighbors, in opposition to the request. Mr. Rider stated that they felt the approval of the request would reduce their property value. He further stated concerns of dust and noise a nd the zoning change being inconsistant. At this time, he submitted a petition with 30 signatures, in opposition to the request.

Mr. Weatherford appeared before the Board and stated that the Owens family owns the property, and they are donating this site for the Humane Society. He discussed the use of the Humane Society facility and its design, and stated that the request was for 40 acres, although only five acres in the northwest corner would be utilized.

Ms. Chris Aaron, President of the Humane Society of Lake County, appeared before the Board to discuss the request. She stated that the Humane Society works closely with the Animal Control Center, although the Society is a private facility. Ms. Aaron discussed the differences in the two facilities.

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

PUBLIC HEARING #75-87-5 James L Schlegel

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING #76-87-5 Dixie Royal, Jr.

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

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

PUBLIC HEARING #77-87-5 Kuron McMinn

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

On a motion by Commr. Rurhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), for retail sales of building supply products.

PUBLIC HEARING #78-87-S James J. Ewashko

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates).

PUBLIC HEARING #85-87-5 Grace Parker Guenther

No one present wished to discuss this request with the Hoard.

On a motion by Commr. Burhans, seconded hy Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to revoke CUP #87/2/l-5, which permits a home occupation for a real estate office, and rezoning to C-l (Rural or Tourist Commercial).

PUBLIC HEARING CUP #87/6/4-2 John Blizzard (CONT'D.)

Mr. Daniel Wurenther, a neighbor of Mr. and Mrs. John Blizzard, addressed the Board at this time, and stated that the Blizzards failed to hear the Board announce their rezoning request.

Mr. and Mrs. Blizzard appeared before the Board to explain the reasons for their request.

Mr. Michael C. Willett, County Administrator, stated that the property does not permit a caretaker's residence, as presently zoned. He stated that the approval of the request would permit three residential units on the five acre parcel, which is a higher density than permitted by the current zoning.

It was the feeling of the Board that proper action had been taken.

There being no further action to be taken by the Board, the meeting adjourned at 3:48 p.m.

THOMAS J. WINDRAM

ATTEST:

JAMES C. WATKINS, CLERK

TMA/07-17-87