7/12/1994 - Laserfiche WebLink

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Bo, 0 2 ma 831 of the county. commissioners may deem to be in the best interest of the .public.Without pursuing the validity of that provision . . . we hold that , having met all of the legal requirements for obtaining plat approval, the county must approve [the] plat . . ." (Broward County case) 9. "Opposition of surrounding property owners must be considered by the city . . . since the statement of intent of the . . . ordinance includes the desire to achieve aesthetic and compatible relationships between adjacent properties. But the opinions of neighbors by themselves are insufficient to support a denial of a proposed development. We agree with the city that project density is a legitimate concern . . . But it is a concern that must be addressed and expressed in appropriate ordinances." (City of Deland) 10. "The correct law applicable in this case is that the ordinance should be given its plain meaning and that any doubts should be construed in favor of a property owner. The circuit court's reliance upon the undefined and uncertain standards contained in the statement of intent when clear and specific numbers of units are expressed in that same ordinance is not an interpretation that recognizes the plain meaning of the ordinance." (City of Deerfield Beach) 11. "The site plan merely regulates the layout of a piece of property, the design of the buildings, and the actual locations of the buildings on that site. The city's zoning ordinance control the uses to which a particular piece of property may be put. The plan board, therefore, is not to be concerned with the particular use of a piece of property as long as it fits within the permitted uses of the city's zoning ordinances." (City of Gainesville) 12. "The plan board members voted to deny the petition because of the parcel's intended use . . . not because it failed to comply with appropriate criteria for site plan approval." (City of Gainesville) [This was found to be illegal.] 13. "The test in reviewing a challenge to a zoning action on grounds that a proposed project is inconsistent with the comprehensive land use plan is whether the zoning authority's determination that a proposed development conforms to each element and the objectives of the land use plan is supported by competent and substantial evidence. The traditional and non -deferential standard of strict Judicial scrutiny applies. (Machado case) 14. "A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses and densities or intensities in the comprehensive plan, and if it meets all other criteria enumerated by the local government." (Machado case) 15. "Zoning laws are in derogation of the common law and as a general rule are subject to strict construction in favor of the right of a Property owner to the unrest:Acted use of his property. Permitted uses must be interpreted broadly, prohibited uses strictly so that doubts are resolved in a property owner's favor." (City of South Miami) 57 July 12, 1994