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6. B.
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| Board of Adjustment |
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| I. SUBMISSION DATA: |
| APPLICANT: David Theriaque, Agent for Teramore Development, LLC and Shu Shurett and Leo Huang, Owners |
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| DATE OF ADMINISTRATIVE DECISION: July 24, 2017 |
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| DATE OF APPEAL APPLICATION: August 7, 2017 |
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| PROJECT ADDRESS: 11400 Blk. of Gulf Beach Hwy. |
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| PROPERTY REFERENCE NO.: 23-3S-31-2001-000-000 |
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| ZONING DISTRICT: Commercial |
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| FUTURE LAND USE: Mixed-Use Suburban |
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| III. REQUESTED APPEAL:: |
On July 24, 2017, the Escambia County Planning Official issued a determination of land use compatibility in relation to a request from Teramore Development, LLC.
The determination was that a proposed Dollar General store would not be compatible based on location criteria found in Section 3-2.1 of the county Land Development Code.
The submitted administrative appeal seeks to overturn the decision of the planning official in this matter. |
| III. RELEVANT APPEAL AUTHORITY: |
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2.04.00 & 2.04.01
Sections 2.04.00, Appeal of Administrative Decisions and 2.04.01, 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 |
The request by Teramore Development, LLC for land use compatibility was denied on July 24, 2017, by Escambia County Planning Official, Horace Jones.
The Administrative Appeal was filed with the Board of Adjustment on August 7, 2017, within the 15 day deadline provided in the LDC.
The case was added to the agenda for the scheduled October 18, 2017 BOA meeting.
At the October 18, 2017, BOA meeting, the Board voted 5-0 to deny the appeal of the Planning Officials Determination. The Board amended their findings to add that their decision was based on competent and substantial evidence presented by the expert witnesses.
At the October 17, 2018, BOA meeting, the Board granted a continuance to the Nov. 14, 2018 BOA meeting. |
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