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• <br />Page 2 of 4 <br />• Planning & Zoning Commission <br />Minutes of June 17, 1993 <br />• <br />would be an infraction of the Bay Oaks Homeowner's Association <br />Deed Restrictions (specifically Deed Restriction No. 16 which she said <br />allows a seller to redesignate a lot within the subdivision for the use <br />of recreational development). She also noted that the previous owner, <br />Mr. Couch, of Couch Mortgage, constructed a fence around the <br />property. The fence is in excess of 10 feet in height, has barbed wire <br />and is covered with thick vegetation. The fence restricts the <br />subdivision's watershed and removes access to a public utility easement <br />and a flood run-off. lateral easement that have been in place since <br />1929. They feel that inadequate notice was given to residents of the <br />subdivision, since part of their park property is impacted by this replat. <br />Ms. Campise asked that the meeting be tabled until all of the residents <br />can be notified. <br />Mr. R.L. Anderson, of the Bay Oaks Civic Club and Mr. William <br />Felscher, of 106 Bay Oaks agreed with Ms. Campise's remarks. <br />• IV. CLOSE PUBLIC HEARING <br />Chairman Waters declared the Public Hearing closed at 7:12 P.M. <br />V. CONSIDER GRANTING A REPEAT OF LOT 13; BLOCK 22; BAYSIDE TERRACE <br />AND LOT 9; BLOCK 13; BAY OAKS. <br />Mr. Harrington stated that all property owners listed on the ad valorem tax rolls <br />were notified and since the park is not carried as a taxable property "park owner" <br />notification is not required. Mr. Harrington also noted that the alleged <br />encroachment of the fence onto the park is a civil issue that must be addressed <br />amongst the property owners. If any drainage issues are present, they will be <br />addressed during the development process. <br />Mr. Harrington stated that staff has reviewed the plat and it meets all ordinance <br />requirements, therefore recommending approval of the replat. <br />Chairman Waters reminded everyone that the only issue before the Commission was <br />the changing of the lot line between the two lots. It does not involve the outside <br />perimeters of the two lots. <br />r1 <br />LJ <br />