HomeMy WebLinkAboutRE vote on Cumberland Farms special exemptionGood Afternoon Jesse,
Yes, our Board of Adjustment denied the Special Exception for the
proposed Cumberland Farms.
Not sure which article you read –I read the FL Today this morning and
it was pretty accurate.
The City Code provides an Appeal Process, but we haven’t heard any word
whether that will happen.
Our Appeals process is spelled out in the City Code, which I’ve pasted
below:
* Sec. 110-33. - Appellate review.
* (a) Appeals from board of adjustment or community appearance
board.
(1) Any party aggrieved by any final decision of the board of
adjustment or the community appearance board made under any chapter of
this Code shall have the right to appeal the final decision to the city
council.
(2) Any such appeal shall be filed with the city manager within ten
calendar days of the date of the final decision. The city manager shall
schedule the city council's consideration of the appeal for the next
available regular city council meeting and shall provide the party
seeking appellate review with written notice of the date, time and
location of said meeting.
(3) The city council's consideration of the final decision being
appealed shall be de novo. The city council shall hear and consider the
evidence and testimony of any interested party and shall either affirm
or reverse, wholly or in part, the decision of the board of adjustment
or community appearance board. However, with respect to administrative
appeals under section 110-40, the city council's de novo review shall be
of the record transmitted to the board of adjustment by the building
official. A concurring majority vote of the city council shall be
required for any decision made by the city council under this section.
(4) Failure of any aggrieved party to appeal to the city council
pursuant to this section shall be deemed a waiver of that party's right
to judicial review.
(b) Appeals from city council. Any party aggrieved by any final
decision of the city council made under this section shall have the
right to file an appropriate action in a court of competent
jurisdiction.
Let me know if you need anything further.
Thanks
Todd
Todd Morley, Director
Economic Development Dept.
City of Cape Canaveral
105 Polk Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1220 x 330
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
From: Rogers, Jesse (CMG-Orlando) [mailto:Jesse.Rogers@wftv.com]
Sent: Friday, February 27, 2015 10:43 AM
To: Todd Morley
Cc: Evans, Jennifer (CMG-Orlando); Frazier, Charles (CMG-Orlando)
Subject: REF: vote on Cumberland Farms special exemption
Good morning.
Reaching out this morning after reading an article regarding the vote
on Cumberland Farms special exemption.
I see it was denied and we are just trying to confirm that the details
in the article are correct?
Thank you,
Jesse Rogers | Assignment Editor
Cox Media Group | 490 E. South Street | Orlando, Florida 32801
Ph: (407) 822-8353 | Fax: (407) 481-2891 | Email: Jesse.Rogers@wftv.com
<mailto:Jesse.Rogers@wftv.com>
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
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