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Board of Adjustment
I. SUBMISSION DATA:
Applicant: Frances Ogden
Date of Administrative Decision: Feb 12, 2018
Date of Appeal Application: June 11, 2018
Project Address: 5312 Pale Moon Dr.
Property Reference No.: 11-3S-32-3000-000-001
Zoning District: LDR, Low Density Residential
Future Land Use: MU-S, Mixed Use -Suburban
III. REQUESTED APPEAL::
The applicant is appealing an after-the-fact land disturbance permit granted for land clearing and fill on the subject property.
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
On January 11, 2018, an officer from the County Environmental Code Enforcement responded to a complaint regarding land clearing and fill on 5312 Pale Moon Drive. The officer found un-permitted land clearing, dirt fill, and a retaining wall along the north side of the site. A Notice of Violation (NOV) was issued upon those findings.
The site was reinspected on Jan. 29 and again on Feb. 5, resulting in an updated NOV.
On Feb. 12, the after-the-fact land disturbance was issued by staff and included a 4x fee for failure to acquire the permit before commencing with the work.
Following a discussion before the Board of County Commissioners (BCC), the Applicant filed this administrative appeal on June 11, 2018.
In addition to the specific permit that is the subject of this appeal, a storm water management permit and a building permit have been issued for the subject property.
At the July 18, 2018 BOA meeting, the Board dismissed this appeal based upon competent and substantial evidence presented at the hearing.
Working Case File
Public Records Request (was provided to Applicant)
Approved Stormwater Management Plan
Notice of Appearance Filed by Meredith Crawford
Motion to Dismiss Filed by Lisa Minshew
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