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12-1369 Removal of Board of Adjustment and Reallocation of duties to Planning and Zoning Commission
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12-1369 Removal of Board of Adjustment and Reallocation of duties to Planning and Zoning Commission
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9/26/2012 1:32:11 PM
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City Clerk
City Clerk - Doc Type
Ordinances
City Clerk - Date
2/13/2012
Doc Number
12-1369
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b. Notice. Upon notification by the Administrative Official of the date fixed by the <br />Beard of Ad}tstmea Planning and Zoning Commission for hearing on any matter <br />subject to the provisions of this Section, the Administrative Official, or other <br />designated staff, shall cause a notice of the time, place and purpose of such <br />hearing to be published at least once in a newspaper of general circulation in the <br />City of Casselberry with the first such publication to be at least ten calendar days <br />prior to the date of the hearing. The Administrative Official, or other designated <br />staff, shall also mail similar notices setting forth the time, place and purpose of the <br />hearing to; <br />L The applicant; <br />ii. The Administrative Official; and <br />iii. The owner of the property described in the application, if other than the <br />applicant. <br />c, Appearance and argument. At any hearing of an administrative appeal, the <br />applicant seeking action by the Board of Adji eat Planning and Zoning <br />Commission and any other party desiring to be heard upon the application may <br />appear in person, by agent or by attorney. The applicant shall be entitled to make <br />an initial presentation respecting the application and, at the conclusion of <br />presentations or statements by all other parties, shall be entitled to offer a <br />statement in rebuttal to such presentations if the applicant so desires. The <br />chairperson may, at the commencement of the hearing upon each application or at <br />any time during such hearing, require that parties desiring to make a presentation <br />identify themselves and may specify the time to be allowed for each party to make <br />such presentation. <br />3. Decision and order by the Bear4 of Adjus#ment- annina and Zoning Commission. Action <br />by the Beard Planning and Zoning Commission upon any matter subject to <br />the provisions of this Section shall be announced by the chairperson immediately <br />following the vote determining such action and shall thereafter be embodied in a written <br />order prepared by the Administrative Official. Such written order shall be incorporated <br />into the minutes of the meeting at which such action occurred, <br />Finality of decision. When the Beard of Adjust Planning and Zoning Commission <br />has taken action respecting an administrative appeal, no application for the same relief <br />shall be accepted by the Administrative Official, or other designated staff, for <br />consideration by the Board of Adjust rneet Planning and Zoning Commission for a period <br />of six months from the date of such action, provided however, that an applicant may <br />request that the Bear' of Adjustment— lannina and Zoning Commissio waive the <br />provision of this Section for proper cause after hearing in conformity with the provisions <br />established herein in Section 1- 2.6(D)(2) [sic]. <br />5. Appeal of decisions by the Bear4 @A4dMtn*Pt- and Zoning Commission. Any <br />person or persons, jointly or severally, or any officer, department, board, commission or <br />bureau of the governing body aggrieved by any decision of the Beard -ef Adjustment <br />Planning and Zoning Commission respecting an administrative appeal may apply to the <br />City Commission for relief within 30 days after rendition of the written decision, upon <br />payment of an application fee as determined by Resolution of the City Commission, <br />Procedure for appeals. The appeal before the City Commission shall not be a hearing de <br />novo, but shall be certiorari review, based solely on the record of the hearing before the <br />Beard of Adjustment Planning and Zoning Commission. The g <br />Ordinance 12 -1369 <br />Page 6 <br />
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