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6. D.

Board of Adjustment

Meeting Date:

06/17/2020

I. SUBMISSION DATA:

APPLICANT: William J. Dunaway, Agent for Seafarer Condominium Association
DATE OF ADMINISTRATIVE DECISION: Feb. 5, 2020
DATE OF APPEAL APPLICATION: Feb. 20, 2020
PROJECT ADDRESS: 16477 Perdido Key Drive
PROPERTY REFERENCE NO.: 06-4S-32-1000-000-030
ZONING DISTRICT: HDR-PK
FUTURE LAND USE: MU-PK

III. REQUESTED APPEAL::

The Applicant is appealing the issuance of Development Order 2001116PSP for Escambia County's Perdido Key Beach Access #4 Improvements.

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

In October of 2018 the Escambia County Board of County Commissioners directed staff to develop public access on this 4.67± acre site.

At their Nov. 14, 2018 meeting, the Board of Adjustment (BOA) approved a Conditional Use request by the County (CU-2018-18) to construct a public beach access point at the site as required by the HDR-PK zoning designation.
That Conditional Use approval has been appealed and is currently before the Circuit Court.

On Feb. 5, 2020 the Development Review Committee (DRC) approved Development Order (DO) 2001116PSP for Escambia County's Perdido Key Beach Access #4 Improvements.

On Feb. 20, 2020 this appeal was filed, meeting the deadline requirement.

This case was originally scheduled to be heard before the BOA on March 18th, but due to COVID19, the March BOA meeting was canceled and it had to be rescheduled.

The Applicant requested a continuance and a special BOA meeting was scheduled for July 22, 2020.

Attachments
Working Case File