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ITEM: Petition 2014-003AA HTE 14-015 Appeal of Administrative Determination(s) made by Planning, Zoning & Building Department staff relating to building and development permits issued on property located at the northeast corner of the intersection of South Shore Boulevard and Pierson Road.
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PUBLIC HEARING: YES QUASI-JUDICIAL: YES
EXPLANATION: The appellant has filed this appeal to challenge the Staff's interpretation related to provisions of the Wellington LDR's involving permits that were granted for structures and uses at the Equestrian Village project, based on the provisions of Article I, Chapter 12 of said Code. Challenges to staff interpretations are considered by the PZAB, whose decisions are final, unless appealed to Circuit Court. The specific challenges are discussed in the SUMMARY section below, and in the attached Staff report. A challenge to the Appellant's standing to process this appeal has been filed in Circuit Court, which could delay or override a decision by the PZAB.
SUMMARY: The subject appeal challenges the staff interpretation and application of Section 6.10.11(D) or the Wellington Land Development Regulations, which limits the floor area of "any single commercial use" within the EOZD to 20,000 square feet; and interpretation and application of Section 6.5.8 which generally limits buildings on land with a Comprehensive Plan designation of Conservation, Neighborhood Commercial or Commercial Recreation to a height of 25 feet. The appellant did not include an appeal of staff's interpretation of "floor area," which is central to many of the arguments made.