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04/24/2008 (2)
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04/24/2008 (2)
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Last modified
1/5/2018 4:29:18 PM
Creation date
10/1/2015 6:18:49 PM
Metadata
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Meetings
Meeting Type
Special Call The Source
Document Type
Minutes
Meeting Date
04/24/2008
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4018
Subject
The Source Special Call Meeting
Jurisdictional Determination
I Am Ministries
Supplemental fields
SmeadsoftID
7238
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fact that the facility being built at Hanley Hall was going to be a "for -fee" facility, that they <br />needed a place for residential treatment facility at no fees. <br />Attorney Henderson referenced the one-year listing agreement with Lowe Realty, <br />starting in December 2005 and ending December 2006, to show there was proof of activity that <br />the owner of the property, New Horizons, was attempting to find a buyer for the property. He <br />believed that the proof that they submitted concerning that listing of the property for sale, rebuts <br />any presumption that there was an intent to abandon on the part of New Horizons. And that, he <br />contends, fits squarely within the Lake Worth case discussed earlier. <br />Attorney Henderson felt that the activity regarding repair to the property that took place <br />from the end of the hurricanes of 2004 and at various points in between, also shows a lack of <br />intent to abandon the property, and that it fits squarely within the Bow Point Case cited earlier, <br />where the motel owner was conducting repairs for a period of 18 months and the city in that case <br />was trying to shut them down because he had gone over the one year. Therefore, that should, on <br />the issues of cessation only, lead the Board to a conclusion that there was no intent to abandon <br />the use of this property by New Horizons. Adjunct to that, he said, there was the hurricane <br />ordinance, and they have submitted proof that there were in fact three hurricanes during that <br />period of time (Frances, Jeanne & Wilma), all declared natural disasters. Therefore they think <br />this property qualifies under that ordinance; and as Director Boling indicated, the ordinance has <br />been interpreted consistently in this County as excusing an owner of a nonconforming use of <br />structure from the application of the one-year cessation period. He pointed out that in the John <br />McCoy letter dated October 3, 2006, it is shown that staff relied heavily upon that ordinance; and <br />relied more on that than on the question of whether there was a complete cessation of use of the <br />property for a period of one year. <br />Attorney Henderson, in conclusion, reminded the Board that he had mentioned earlier <br />the concept of equitable estoppel. He remarked that he did not have a realistic expectation that <br />April 24, 2008 48 <br />Special Call Meeting (The Source) <br />
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