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5. A.

Board of Adjustment

Meeting Date:

10/08/2020

I. SUBMISSION DATA:

APPLICANT: Michelle Tyler
DATE OF ADMINISTRATIVE DECISION: Aug. 19, 2020
DATE OF APPEAL APPLICATION: Sep. 2, 2020
PROJECT ADDRESS: Monarch Ln.
PROPERTY REFERENCE NO.: 28-1S-30-3103-000-000 & 28-1S-30-3103-001-001
ZONING DISTRICT: MDR, Medium Density Residential
FUTURE LAND USE: MU-U, Mixed Use-Urban

III. REQUESTED APPEAL::

The Applicant is appealing the issuance of Development Order 2001498PSD-PPCP for Monarch Place Subdivision.

III. RELEVANT APPEAL AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2-6.10
Sections 2-6.10, Appeal of Administrative Decisions and 2-6.10, Procedures for the Appeal of Administrative Decisions of the Escambia County Land Development Code (Ordinance No. 96-3 as amended), provide the relevant authority for the BOA’s review of administrative decisions.

A. The BOA is authorized to hear and to rule upon any appeal made by those persons aggrieved by administration of this Code. An administrative decision, or staff interpretation, shall not be reversed, altered, or modified by the BOA unless it finds that:

1. A written application for the appeal was submitted within 15 days of the administrative decision or action indicating the section of this Code under which said appeal applies together with a statement of the grounds on which the appeal is based; and

2. That the person filing said appeal has established that the decision or action of the administrative official was arbitrary and capricious; or

3. An aggrieved party who files an appeal of a decision of the DRC approving or approving with conditions a development plan application, must show, by competent substantial evidence that:

(i) The decision of the DRC is not in compliance with the Comprehensive Plan or the Land Development Code;

(ii) Their property will suffer an adverse impact as a result of the development approval decision;

(iii) The adverse impact must be to a specific interest protected or furthered by the Comprehensive Plan or the Land Development Code; and

(iv) It must be greater in degree than any adverse impact shared by the community at large.

4. In the event the owner, developer, or applicant is aggrieved or adversely affected by a denial of a development plan application or the imposition of conditions, the owner, developer or applicant filing the appeal must show, by competent substantial evidence, that the denial of the development plan or the imposition of conditions is neither required nor supported by the Comprehensive Plan or the Land Development Code or the application of technical design standards and specifications adopted by reference in the Code, or Concurrency Management Procedures and is, therefore, arbitrary and capricious.

IV. BACKGROUND INFORMATION

On August 19, 2020, the Development Review Committee (DRC) approved the Preliminary Plat and Construction Plans for Monarch Place, a 137 lot single-family residential subdivision. The subdivision will have access via Monarch Lane and a connection at the corner of Royal Lane and Count Road.

The Administrative Appeal was filed on Sep. 2, 2020, meeting the Land Development Code (LDC) 15 day submittal requirement.

A special BOA meeting was scheduled for Oct. 8, 2020 in accordance with the LDC provision that, "a quasi-judicial public hearing for the appeal shall be scheduled to occur within 30 business days after receipt of a complete application."

On October 8, 2020, the BOA denied the appeal request based upon competent and substantial ecidence presented.

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