CC Minutes 04/11/2005 - Laserfiche WebLink

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City Commission Meeting April 11, 1005 Page 4 Commissioner Hart stated that she was under the impression at the last Commission meeting that the vote favored a review process for appeals by the Commission, but not to totally rehear an appeal de novo. The City Attorney stated that the Ordinance was written as de novo. The Commission discussed the de novo versus the certiorari review whether this was really the Commission's desire for the de novo appeals because the point had been raised and there was a lot of discussion, so instead ofleaving it either or, she inserted the de novo. She said to make the distinction between de novo or certiorari would require another first reading because it would be a substantial change. Mayor Goff favored the de novo process. He stated that taking responsibility of hearing appeals out of the hands ofthe elected officials and going straight to the Courts from the Board of Adjustment, the Commission was advocating its responsibilities to the citizens that they were elected to serve. This process would also expose the City to more legal fees. He stated that the Board of Adjustment deals in matters subjectively, not objectively. Commissioner Cook favored the de novo appeal process because the everyday citizens ofthe City deserve the chance to be heard by their elected officials. The Attorney stated there had only been three cases within the last ten years and the de novo process would not put an inordinate burden on the Commission. VOTE ON THE MOTION: Commissioner Doerner - No; Commissioner Cook - Yes; Commissioner Hufford - No; Commissioner Hart - No; Mayor Goff - Yes MOTION DENIED on 3 - 2 Vote MOTION: Moved by Commissioner Susan Doerner to defer Ordinance 05-1152, Board of Adjustment Appeal Process, back to Planning and Zoning Commission for review ofthe certiorari appeal and the de novo appeal process. The motion was seconded by Commissioner Linda Hart. VOTE ON THE MOTION: Commissioner Doerner - Yes; Commissioner Cook - No; Commissioner Hufford - Yes; Commissioner Hart - Yes; Mayor Goff - No MOTION PASSED on a 3 - 2 Vote Hearing de novo - To hear afresh as a new hearing; to hear as original case and not appellate jurisdiction. 2 Certiorari ~ A proceedings used by a higher court to determine irregularities by a tower court; used as a discretionary device to choose the cases it wishes to hear.