Gadsden County Board of County Commissioners

Gadsden County Planning Commission

Joint Workshop

March 20, 2014

AGENDA

Present:               Eric Hinson, Chair, District 1 (appeared by phone)

Brenda Holt, Vice Chair, District 4

                                Doug Croley, District 2

                                Gene Morgan, District 3

                                Sherrie Taylor, District 5-absent

                                Robert Presnell, County Administrator

                                Regina Davis, At-Large Member, Chair-absent

                                Edward Allen, Vice-Chair

                                Dr. Gail Bridges-Bright

                                Diane Sheffield-absent

                                Larry Ganus

                                Mari VanLandingham-absent

                                David Tranchand

                                Frank Rowan

                                William Chukes

                                Ed Dixon-absent

                                Catherine Robinson-absent

                                Isaac Simmons, School Board Representative-absent

                                Allara Gutcher, Planning & Community Development Director

                                Willie Brown, Principal Planner

                                Marcella Blocker, Deputy Clerk

                                David Weiss, County Attorney

                                David Theriaque, Esquire

Vice Chair Holt called the meeting to order at 6:00 p.m.

David Theriaque addressed the group.  He said he does these presentations around the country.

Legislative v. Quasi-Judicial Hearings

 Mr. Theriaque explained the difference in legislative v. quasi-judicial hearings. 

Due Process Requirements

Notice Requirements

Unbiased Decision-Makers

 Board members are like judges.

2 types of hearings-certiorari and evidentiary hearings.

Procedures for Quasi-Judicial Hearings

 Sufficient opportunity to present evidence

Testimony under oath

Right to cross-examine

Opportunity to rebut opponent

Written order with findings of fact and conclusions of law

Competent Substantial Evidence

Variances

 Another problematic area for local government

Variance is someone asking for relief of some nature.

Issues applicant needs to hit to be granted-

-Special circumstances apply to property.

-Special circumstances, together with the imposition of the regulations, eliminate reasonable use of the property.

-The applicant did not create the hardship.

-The variance, if granted, will not alter the character of the neighborhood (district).

-A variance should be the minimum to provide relief.

-Conditions may be imposed.

1. Special circumstances apply to the property.

2. Special circumstances, together with the imposition of the regulations, eliminate reasonable use of the property.

3. The applicant did not create the hardship.

4. The variance, if granted, will not alter the character of the neighborhood (district).

5. A variance should be the minimum to provide relief.

6. Conditions may be imposed.

SPECIAL AND CONDITIONAL USES:

Many zoning ordinances provide for two groups of uses: permitted and special

-special exceptions

-special use permits

-conditional uses

Key feature is a requirement for additional review of special uses

Definition:

A conditional use is a specific use or activity that is not permitted “by right” in zoning district, but may be permissible when additional standards are met to ensure that the use is compatible with the uses and character of the district.

Conditional Uses

Nonconformities

Grandfathering-another word used to describe nonconformities, which means the local government is granting legal status to the use or development, but with limitations.

Nonconforming use-the activity carried out on the land, not site design or development use.  Must distinguish between the activity (use) and the design standards that apply to buildings, structures, site features, and lots

Key factor is that all such nonconformities pertain to development or design standards, as distinguished from use.

Is there a need for two categories of nonconformities?

Detrimental nonconformity-presumed to be harmful to the abutting properties, the surrounding neighborhood, or the community as a whole.

Benign Nonconformity-local government has determined this category is not harmful to the abutting properties or surrounding neighborhood, but is contrary to the public welfare in some way.

Damage and restoration of nonconforming buildings or structures-

Determine whether to treat differently

Determine threshold amount of damage which requires nonconformity to be brought into compliance.

Commissioner Morgan left at this juncture of the meeting.

Takings

Bert Harris Act

 Mr. Ed Allen asked Mr. Theriaque to touch on this act. 

Mr. Theriaque said was not aware of anywhere where a case was won on that act.

Adjourn

Meeting adjourned at 8:25 p.m.