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M M This Appeal is based upon the board's interpretation of the applicable statute in a manner inconsistent with its historical application in Indian River county. Additionally, the proposed construction, by definition, meets the requirements of the code. As I mentioned to you, -I `would appreciate being given the opportunity to hear this appeal on Tuesday, September 6. I will be present at the county commission meeting on that date with the expectation that the board will consent to placing this item on its agenda. Thank you for your kind attention. Very truly yours, RAL H L. EVANS Attorney Vitunac advised that Title I of the County Code provides for an appeal from any board or commission to the Board of County Commissioners unless there is a specific method of appeal elsewhere in the Code. The Building Board of Adjustment and Appeals is one of the boards that does not have a specific appeal listed in the Code; therefore, under this catch-all appeal, an appellant has a right to come before the Board _of County Commissioners to contest a decision by the Building Board of Adjustments and Appeals. Attorney Evans, representing Horizon, Inc., has met the 2 -day filing period and the County Commission has 20 days to respond. This is only the third day of the response time, but because of the gravity of the situation, Attorney Evans wanted to come before the Board as soon as possible. The request to add it to today's Agenda received unanimous approval. This is an official appeal and the Board is sitting as the Board of County Commissioners as an appellant body of a decision by a lower board. Attorney Ralph Evans, representing Horizon, Inc., displayed a site plan of the outlet mall under construction, while Planning staff showed an overhead slide of the site plan. He noted that Bill Brown and Roy Brice from Horizon, Inc. are here today to answer any questions the Board may have. 27 BOOK 93 F>vcE190 September 6, 1994