JULY 23, 1987 - Laserfiche WebLink

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-4- home and become a nuisance. They also felt that this could eventually lead to the placement of a street light which would increase the perceived problem. Mr. Smith also indicated that George Fox owns property east of the existing layout and the entire subdivsion could be moved to comply with the Highway Department's suggestion. Mr. Smith felt that the Duncan Drive intersection was approximately two hundred fifty (250) feet from the proposed Allison Drive; however, Steve Edwards indicated that he just recently driven that portion of Allison Road and felt that the distance was more like two hundred fifty (250) yards, not two hundred fifty (250) feet. In response, Dave Lawson advised that it was not possible to move the subdivision down to Duncan Drive. To do so would leave Mr. Fox with a gap of ground approximately fifty (50) feet in width that could not be used for anything. He advised that the ground was valuable and felt that his client had the right to develop his land to its highest and best use. Mr. Lawson further advised that it was his belief in interpreting the Board's authority that if the minimum standards of the ordinance are met that the Board must grant approval for the plat. He further advised that this was not a court of law, but indicated that the letter from the Morgan County Highway Department was hearsay and that he did not have the right to cross examine the draftsman of the letter who was Steve Wegman, County Engineer. He also indicated that the letter did not indicate that the proposed placement of Allison Drive was a safety hazard. George Fox testified that he could recall maybe two accidents ~ on Duncan Drive since he has been in the area.