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r <br />BOOK iOa FAGE �1 <br />9.B.1. PUBLIC DISCUSSION ITEM -.APPEAL BY HOME & <br />PATIO. INC. OF A BOARD OF ADJUSTMENT DENIAL OF A <br />REQUEST FORA 10.6' FRONT YARD VARIANCE AND A VARIANCE <br />FROM THE CG ZONING DISTRICT MAXIMUM BUILDING <br />COVERAGE REQUIREMENT FOR PROPOSED BUILDING <br />ENCLOSURES AT 1396 US 1(quasi-Judicial) <br />The Board reviewed a Memorandum of June 15, 1999: <br />TO: James E. Chandler <br />County Administrator <br />HEAD CONCURRENCE: <br />Community DevelopmenyDirectcy <br />A r3 <br />FROM: Stan Boling, AICP <br />Planning Director, Current Development <br />DATE: June 15, 1999 <br />SUBJECT: Appeal by Home & Patio, Inc. of a Board of Adjustments Denial of a Request <br />for a 10.6' Frontyard Variance and a Variance from the CG Zoning District <br />Maximum Building Coverage -Requirement for Proposed Building Enclosures <br />at 1396 US 1 <br />It is requested that the data herein be given formal consideration by the Board of County <br />Commissioners at its meeting of June 22, 1999. <br />• Appeal to the Board of County Commissioners <br />This is the first appeal of a Board of Adjustments decision to go before the Board of County <br />Commissioners. Until recently, staff, applicants, and members of the Board of Adjustments have <br />believed that the Board of Adjustments decisions were final county decisions on variance matters <br />and that any appeal of such decisions was a matter for the courts. However, after the Board of <br />Adjustments recent denial of the referenced Home & Patio variance request, the applicant's attorney <br />asked staff to confirm the appropriate appeal process. After reviewing the matter, the County <br />Attorney's Office concluded that the Board of County Commissioners must hear the appeal. <br />That opinion is based on the fact that the LDRs do not specifically state that appeals of Board of <br />Adjustments decisions go to court, and because county code section 100.06 states that decisions with <br />unspecified appeal procedures are heard by the Board of County Commissioners. Therefore, the <br />County Attorney's Office informed the applicant's attorney that he could either go directly to court <br />with the county waiving its "right" to a Board of County Commissioner's hearing, or he could have <br />his appeal heard by the Board of County Commissioners. The applicant's attorney chose to have <br />his appeal heard by the Board of County Commissioners. Although no public hearing or notice is <br />• <br />JUNE 229 1999 <br />52 <br />0 <br />I <br />