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- • i <br />• <br />• <br />• ro <br />s ecific land develo•ment regulationfic re <br />] e <br />address effects on surrounding •ro•ernes traffic circulation <br />and welfarel <br />• <br />• <br />erlv a 1 the criteria of n a <br />including those s <br />•• <br />• <br />• <br />•• <br />licable <br />ulations that <br />ublic health safety <br />(d) Did the reviewing official or commission base its decision on erroneous or <br />incorrect infoiniation as related to an a licable land develo•ment re•ulahon <br />re uirement? - <br />• <br />• <br />•• <br />• •• -- <br />•e. • :- <br />• - <br />• • • - • • • • - �• <br />• <br />• -w <br />• • <br />Director Boling advised of a correction on the PZC vote concerning this matter; it <br />was not 6-0 as stated in the memorandum, but was in fact 5-1. <br />Vice Chairman Tippin asked if the Commissioners had any questions of staff; there <br />were none. <br />Vice Chairtnan Tippin opened the public hearing and asked if anyone wished to be <br />heard in this matter. <br />Ralph Evans, 1420 Shorelands Drive West, was pleased this ordinance was being <br />proposed but felt that more needed to be done. To accompany his remarks, he gave the <br />Commissioners handouts ofFlorida Supreme Court decisions (copies on file with the backup <br />of the meeting) on Brevard County v Jack R. Snyder and Broward County v GB V <br />International, Ltd He expounded on sections of each handout to support his comments for <br />changing how appeals are handled in Indian River County. He suggested the Board should <br />consider that the Supreme Court of Florida is looking uniform administration of the law. <br />He outlined the procedures for development here in Indian River County. He submitted <br />there is a certain burden ofproof which shifts between a landowner and county government. <br />When corning into an appeal hearing, the staff and the landowner have reached an agreement <br />and then it comes to a hearing for public comment. In these hearings, one of the Court's <br />February 12, 2002 <br />34 <br />p r' <br />z <br />0 <br />