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