04/24/2008 (2) - Laserfiche WebLink

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Attorney O'Haire said he would show that the Ordinance applies in their case, because one could not appeal something he knew nothing about. He submitted that the Ordinance (§902.07) was designed to fit 99.99% of the cases that turned around a decision of the Planning Department, and Ocean Concrete was one of them. He argued the intent of the ordinance, stating that based on the lack of notice to petitioners, he would submit that the Board would have to find that the Ordinance was not designed to fit a situation that is going to affect people who were not involved in the process or who had no knowledge as to what was going on, and by the time a decision was made, have had the clock run out on them. He reminded the Board that he won the appeal (4th District Court of Appeal affirmed Judge Hawley's decision) that the ordinance does not have application. He suggested the Board has to find that the strict language of the appeal Ordinance does not apply to this issue. WITNESSES: Attorney O'Haire called Steve Metz to explain what exactly happened in the process and how he discovered what had been done to him and his neighborhood. Steve Metz, 5980 37th Street, under questioning by Attorney O'Haire, described the location of his residence in relation to the subject property; explained that it was through an article in the Press Journal that he first discovered The Source proposed to put a homeless shelter in his neighborhood; recalled that the article was published before August; and how after reading the article, he consulted with neighbors and family to discuss what they should do. Mr. Metz said he did not know the existence of the McCoy letter before he called the Planning & Zoning Department; Director Boling told him there was a letter, at the time he spoke with him; there was no mention of an appeal; and he was not told the clock had been running. April 24, 2008 7 Special Call Meeting (The Source)