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It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 16 , 2001 . Atlas Development Corp . has filed an appeal of a decision by the Planning and Zoning Commission to deny site plan approval for a seven unit development . At its December 147 2000 meeting , the Planning and Zoning Commission voted 3 to 4 on a motion to approve the project , an action which effectively resulted in a denial . For reference, please refer to the staff report and draft minutes from the December 14, 2000 Planning and Zoning Commission meeting ( see attachment #2 ) . According to the county ' s land development regulations (LDRs) , appeals of decisions of the Planning and Zoning Commission are considered by the Board of County Commissioners . The Board is authorized to review the Commission ' s decision and approve, approve with conditions , or deny the subject site plan application . The site plan application now under appeal was submitted by Knight , McGuire & Associates , Inc . on behalf of Atlas Development Corp . This application reflects the applicant ' s proposal to develop a 7 unit site planned residential development . The 1 . S3 acre subject property is located between SR A - 1 .A and the Atlantic Ocean , just north of the Summer Place subdivision, and is zoned multi - family (RM-4 ) . The homes located south of the subject site in Summer Place were built in the 1970's and are located seaward of the 1987 Coastal Construction Control Line (CCCL ) and in some cases up to and partially seaward of the 1981 CCCL . North of the subject site , there is a more recently constructed home that is located just landward of the 1987 CCCL . Atlas Development is Proposing a single three story building containing 7 units a with separate pool and cabana area. The east end of the proposed 3 story building is located seaward of the 1987 CCCL , roughly alono an imaginary line drawn between the nearest Summer Place home and the newer home to the north of the subject site. As proposed, the Atlas Development project will have a single driveway connection to SR A - 1 -A to provide access to the 7 units . Through the development review process , there is required landscaping which provides for a Type "D"double frontage buffer along the south property line (Sandalwood Lane) . This site is the same site as the Boston Homes/Orchid Dunes proposed project that was considered and ultimately approved by the Board on March 21 , 2000 - That project proposed two units and two guest cottages . That project 's site plan is still valid and is the subject of a lawsuit . The Board is now to consider the site plan application and the Planning and Zoning Commission ' s denial . The Board may uphold or overturn the Planning and Zoning Commissions ' s decision . In doing so , the Board may approve, approve with conditions, or deny the subject site plan application . • Planning and Zoning Commission Action Being Appealed Procedurally, the Atlas Development Corp . application was reviewed through the county ' s standard project review process . After extensive review, staff recommended that the Pl Commission approve the site plan application subject to conditions, including a condit on hat ung and the applicant obtain a DEP coastal construction control line permit for the proposed 7 unit building and revise the site plan, if necessary, to correspond to DEP 's requirements . After considering comments from the public and the applicant, the Commission chose not to approve the site plan, an action resulting in denial of the site plan application. During discussion, the Commission indicated that its denial was based on the fact that the subject site is in an area of significant coastal erosion and that the proposed structure should be located landward of the 1987 CCCL . JANUARY 16 , 2001 7 3 7 - 23 -