HomeMy WebLinkAboutSubmittals-Paul Savage-Passages from the opinion of the Appellate Court Opinion at 7, 8 and 9Submitted into the public
record for item(s)
on i t Z. ' (1. • City Clerk
PASSAGES FROM THE OPINION OF THE APPELLATE COURT
Finally, the most compelling argument of the Petitioners is that the Class II Special
Permit improperly granted variances, which are subject to a stricter standard of review and
notice and public hearing process.
In other words, Petitioners allege that a variance from the
Code cancels the Class II Special Permit and requires that the application be resubmitted
under other applicable provisions governing variances.
Opinion at 7.
The plain meaning of the word "total" will not permit it to be read as a "minimum." As noted
earlier, "[f]ailure of an agency to adhere to its own regulations constitutes a departure from the
essential requirements of the law."
Lucia Dougherty v. City of Miami and Morningside Civic
Assoc., Inc. 13 Fla. L. Weekly Supp. 959a (Fla. 1 lth Cir. July 14, 2006). Since the Project
provides for five (5) berths and the Code requires three (3) berths total, this Court finds that the
Commission's Resolution finding that the Project complied with the requirements under the
Code is a departure from the essential requirements of the law.
For the above -stated reason, we hereby QUASH the Commission's decision as set forth
in Resolution R-13-0471 (File No.13-0103
proceedings consistent herein.
Opinion at 8-9.
IS-ui0 so
ii), and REMAND this cause for
SUBMTTED INTO THE
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