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5. A.

Board of Adjustment Special Meeting

Meeting Date:

11/13/2017

I. SUBMISSION DATA:

APPLICANT:	William J. Dunaway, Agent for Sean's Outpost, Inc.
DATE OF ADMINISTRATIVE DECISION:	10/12/2016
DATE OF APPEAL APPLICATION:	10/27/2016
PROJECT ADDRESS:	1999 Massachusetts Avenue
PROPERTY REFERENCE NO.:	12-2S-30-7002-000-000
ZONING DISTRICT:	HC/LI, Heavy Commercial and Light Industrial district
FUTURE LAND USE:	MU-U, Mixed-Use Urban

III. REQUESTED APPEAL::

The Applicant is requesting an appeal of the Development Review Committee's (DRC) denial of project # PSP160400044, Sean's Outpost.

III. RELEVANT APPEAL AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2-6.10(b)(3)

Section 2-6-10, 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.

(b) Appeal process. Conditions that may justify modification of administrative decisions are evaluated through quasi-judicial public hearing review by the Board of Adjustment (BOA).

(3) Compliance review. The BOA shall conduct the quasi-judicial public hearing to consider the appeal of an administrative decision. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions with regard to the decision being appealed:

a. Arbitrary or capricious. The decision of the administrative official was neither required nor supported by the Comprehensive Plan or the LDC and was therefore arbitrary or capricious.

b. LDC noncompliance. The specific LDC provisions identified in the appeal application are appropriate to the decision and the decision was not in compliance with those provisions.

c. Adverse impact. The applicant’s property will suffer an adverse impact as a result of the decision if it is not modified.

d. Protected interest. The adverse impact is to a specific interest protected or furthered by the LDC or Comprehensive Plan.

e. Greater impact. The adverse impact adversely affects the applicant in a greater degree than any adverse impact shared by the community at large; and, if the applicant is a third party to the decision, the adverse impact peculiar to the applicant differs in kind (as opposed to degree) to any suffered by the community as a whole.

IV. BACKGROUND INFORMATION

The project in question was submitted to the county DRC for the purpose of obtaining Development Order (DO) approval. As with all projects submitted to the DRC, the assigned reviewers then reviewed the plan for LDC compliance.

Following the reviews it was determined that this submittal did not meet all of the conditions for approval and the project was denied at the October 12, 2016 DRC meeting.

The Applicant met with staff to discuss the option of appeal and the case was submitted on October 27, 2016, meeting the required time frame set forth in LDC 2-6.10(b)(1).

Staff then scheduled the BOA hearing for Dec. 7, 2016, also meeting the time time frame of LDC 2-6.10(b)(1).

V. BOARD DECISION
A motion was made and seconded to accept the recommendation of staff's denial and to uphold the DRC denial of the Sean's Outpost development order. That motion resulted in a 3-3 tied vote. The appeal failed to receive an affirmative majority vote and was denied.

In January 2017, the Applicant filed an appeal of the Board's decision with the Circuit Court. In September of 2017, the case was remanded back to the Board of Adjustment.

At the November 13, 2017, BOA meeting, the Board voted to grant the appeal with the condition of a 20 foot landscape buffer to be reviewed by Development Review. The motion was made based on competent and substantial evidence presented by Staff.

Attachments
AP-2016-01
Final Order
Petition for Writ of Certiorari with Appendix
Transcripts from December 7, 2016