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November 15, 2009

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Convenience store OK’d

Thursday, May 9, 2002 | 10:15 a.m.

The Clark County Commission approved zoning for a convenience store at the corner of Eastern and and Serene avenues over the objections of nearby residents.

Neighbors of the project, including about a dozen who attended Wednesday's zoning hearing, said they feared traffic problems and that there would not be enough parking at the site.

Garry Hayes, an attorney representing the neighbors, said the application for a 4,200-square foot convenience store also broke a written agreement that developer Beltway Marketplace had made last year. The developer had agreed not to put a convenience store at the site to defuse opposition to other projects at the same shopping center.

Hayes said the county commission often asks developers and residents to work together to resolve zoning disputes. Ignoring the written agreement could jeopardize county-refereed attempts at resolution in the future, Hayes said.

However, Mark Fiorentino, attorney for applicant, said the agreement should not be an issue for the county commission, which needed only to decide if the commercial zoning was an appropriate use.

The validity of the agreement could be decided in court, he said.

Rob Warhola, county attorney, agreed.

Fiorentino said the project was well-designed, landscaped and that the builder would meet county code for parking and traffic.

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