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<br />BRIGGS ~ MORGAN <br /> <br />Mr. Karl Keel <br />March 16. 1998 <br />Page 2 <br /> <br />property. but, practicaUy speaking, the Map guides future development. <br /> <br />6. If a Pennit is denied, the owner has the right to appeal such decision to the <br />"Board of Appeals and Adjustnlentsu (likely the City Council sitting M such Board of <br />Appeals and Adjustments, but that is subject tD Rosevi11e ordinance). <br /> <br />7. At the hearing before the Board, evidence and argument can be presented and <br />the Board can require that the Pennit be issued if: <br /> <br />(a) The owner's property cannot "yield a reasonable return to the owner" unless <br />the permit is granted; <br /> <br />Mill <br /> <br />(b) Balancing the interests of the City and the Comp Plan on one hand and the <br />interests of the owner and benefits of ownership on the other hand <br /> <br />justice and equity requires that the Permit be issued. <br /> <br />8. If the Board of Appeals affirms the denial of the Permit, the owner's rights are <br />the same as any owner who has appeated Ii denial of a permit to the Board of Appea1s and <br />AdjusnneDts. <br /> <br />9. If the Board decides that such Permit mould be issued, the City bas six months <br />from the date of that d<<.ision to in5titute an eminent domain proceeding to take the propetty. <br /> <br />10. If such a proceeding is not instituted, then the City mUSt issue the Permit, <br />assuming that the application otherwise conforms to City Ordinance. The Permit must <br />specify the exact loCtLticm. ground area. height and other detaHs as to the extent and character <br />of the building for which the Permit or approval is granted. <br /> <br />11- Once the Pennit is issued, both the Pennit and the proposed construction must <br /> <br />919568.1 <br /> <br />9/E d ILLGSL!99E'ONlI0:9! '':'UOl:~l 86,91 "S[(NOW) <br /> <br />NY~HOn ~ S~91H8 WOH3 <br />