9/21/1983 - Laserfiche WebLink

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It is staff's belief that, once construction has begun, the associated site plan'.will remain valid as long as a correctly issuedbuilding permit is valid. Section 29(b)(12) states that a(zoning) certificate issued shall become invalid unless the work authorized by it shall have commenced within six (6) months after its issuance. In obtaining approval of a major development in Indian River County, a site plan must be approved by the Planning and Zoning Commission before obtaining a zoning permit. Likewise, the zoning permit must be obtained before a building permit will be issued. Once the building permit is obtained, County staff has interpreted this action as "commencement" of the development. The developer still must follow the site plan as he builds and must still satisfy all building permit regulations in order to keep from having to start the process over again. As Mr. O'Haire states in his August 29, 1983 letter, and the staff concurs, that "the only purpose of zoning permits is to assure the County, that the zoning is proper for the intended use when a building permit is issued or construction commences." RECOMMENDATION Staff recommends that the Commission concur with its interpre- tation of Section 23(h). and 29(b) in that the Indian Lake Condominium project currently has a valid building permit. Attorney Michael O'Haire came before the Board representing Hobart Landing Property Owners Association. He reviewed the lengthy history of this project which is in its third year, claiming that since the site plan was granted, the owner has done nothing except to scarify the property. The project has limped along, and every time the owner is told he is,in trouble, he goes out and moves something around on the property. Mr. O'Haire stated that it is a travesty, and he believed the whole project was put together to avoid.the Comprehensive Plan and for speculation. Mr. O'Haire then reported that he has delivered to Attorney Brandenburg today a deed which shows that Parcel I was deeded to a corporation named Maple Leaf Properties by Mr. Wilson the same month the site plan approval was given, and the Code very explicitly states that in the event any property which has received site plan approval shall be sold, transferred, leased or changed in any way, the site plan becomes void. 107 SEP 2119$3 �. . 54 ?At 715