HomeMy WebLinkAbout2012-116 c - 19
INDIAN RIVER COUNTY , FLORIDA ,
BOARD OF COUNTY COMMISSIONERS Wpla
IN RE $
Appeal by Impact Fee Consultants of Denial of
13 Applications for Refund of Impact Fees
ORDER ON APPEAL OF DENIAL OF
APPLICATIONS FOR REFUND OF IMPACT FEES
In March and April , 2012 , Impact Fee Consultants (" IFC ") submitted 12 applications for
impact fee refunds . All refunds were sought under section 1000 . 15 of the IRC Code , which provides
for refund if an impact fee is not encumbered or spent within a six year period defined
in section
1000 . 15 . On May 17 , 2012 , the Community Development Director issued a written decision denying
the applications on the basis that all impact fees had been encumbered or spent within the six
year
period . On May 24 , 2012 , IFC timely appealed the Community Development Director ' s decision to
the County Administrator, pursuant to section 100 . 06 ( 1 ) of the IRC Code . As required by section
100 . 06 , IFC ' s appeal notice included a statement of the facts and details allegedly showing why
the
decision should be reversed or modified. After affording IFC the opportunity for a hearing (which was
declined) , and consulting with the Community Development Director, the Director of Management and
Budget and the County Attorney , the County Administrator issued a written decision denying the
appeal on June 6 , 2012 . IFC took a timely appeal to the Board of County Commissioners ( "Board")
pursuant to section 100 . 06 (2 ) of the IRC Code .
Prior to the hearing , IFC and the County agreed to add a 13 '' application to the appeal (relating
to 2040 Bennington Ct . SW) . This application was deemed to involve the same legal and factual
issues as the other 12 applications . A list of the 13 applications which were the subject of the appeal is
attached to this order as Exhibit A .
The appeal came before the Board on June 19 , 2012 . A quasi judicial hearing was held
at
which witnesses were sworn , evidence was introduced and each party was afforded the right of cross -
examination . At the end of the hearing, a motion was made and unanimously adopted to deny the
appeal .
Accordingly , it is hereby ordered by the Indian River County Board of County Commissioners
that the appeal of Impact Fee Consultants to the denial of 13 applications for refund of impact fees be
and hereby is denied .
DONE AND ORDERED this IQ� r, day of June , 2012 .
ATTEST : Jeffrey K . Barton, INDIAN RIVER COUNTY , FLORIDA ,
Clerk of Court BOARD OF COUNTY COMMISSIONERS
MISS/� --�
BY ;• �1 . ' •
�
Deputy Clerk :oJ`'•' �.r 'eter D . O ' Bryan, Vice C irman
Copy furnished to : Impact Fee ConsulaM* e 41
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EXHIBIT A
Applicant Name Property Address Date Impact Earliest IF
Fees Paid Refund Date
Robert Marcellaro 1925 Spotted Owl Dr SW 10/25 /2005 10/27/2005
Stacy Moore 406742 nSq 10/05 /2005 10/27/2005
Steven & Renee Rennick 1271 Vintage Dr 10/ 17/2005 10/27/2005
[RussMichael & Mary Esposito 1295 Veranda Way 10/ 18/2005 10/27/2005
ell
obert & Donna Smith 2380 Old Raven Ln SW 03 /04/2005 N/A
alter & Nancy Aque 2585 Stockbridge Sq SW 10/25 /2005 10/27/2005
& Chanlekha Vozzella 1315 Classic Ct 10/ 18 /2005 10/27/2005
Michael & Sharon Rozos 1279 Welcome Dr 10/ 17/2005 10/27/2005
Nancy Murray 2569 Stockbridge Sq SW 10/26/2005 10/27/2005
Verona Edwards 1279 Classic Ct 10/ 17/2005 10/27/2005
Carl & Mary Renz 1307 Classic Ct 10/ 17/2005 10/27/2005
Von Ruddle 6236 Coverty Pl 1 /24/2006 3 /7/2006
Aaron & Linda Eferstein 2040 Bennington Ct SW10/ 13 /2005 10/27/2005