3/27/1985 - Laserfiche WebLink

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MAR 27 1985 eooK UF'1-0 Commissioners in regard to site plan approval. He did not know if that was exactly what happened here, but felt strongly that if the site plan was approved with those items shown, it should not be cast in stone but should bear a close resemblance when built. Attorney Brandenburg pointed out that the Zoning Code includes certain special exceptions and conditions that can be placed on site plans, and when a developer offers an amenity in return for enchancing his project in order to get it approved by the Planning & Zoning Commission, then it is made a condition of the site plan approval either as a special exception condition or just as a regular condition. In such cases, those conditions cannot be changed without coming to the Board for approval; however, he was of the opinion that was not the case here. Chairman Lyons asked those in attendance to raise their hands if prior to buying their units they had received brochures showing the boat docks and gazebo. Ninety percent of the people indicated that they had. Commissioner Bowman asked if there was any disclaiming fine print on the brochures stating these amenities might not be built, and the answer was "NO!" Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Wayne McDonough, Attorney representing the applicant, Florida Atlantic Associates, agreed with staff's recommendation for approval of the site plan modification. He believed the County Commission was not the proper forum to entertain any allegations about brochures, photographs, asterisks, etc., and that allegations of any misrepresentations should be heard in court. He wholeheartedly agreed with the County Attorney's opinion that there was no legal requirements for his client to place various amenities on the site plan application, and that consequently, his client has the right to file a modification to his site plan per the Zoning Ordinance. 28 In addition, he felt