Board agrees to rehear earlier variance after applicant files land-use dispute; reconsideration motion approved 6-1

During Old Business the board considered whether to rehear Variance V-12-26 after staff told members an attorney for the applicant had filed a Florida Land Use and Environmental Dispute action citing potential notice confusion. Staff offered the board the option to rehear the variance at the Oct. 5 meeting with the applicant present; a motion to reconsider (made by a member who had been in the prevailing voting group) carried 6-1.

Board discussion clarified rehearing would be appropriate where notice issues might have affected due process. The motion passed on a roll call that recorded 6 in favor and 1 opposed; board staff said the rehearing would allow the applicant to fully present the case with legal counsel present. The rehearing is scheduled for the October 5 Planning & Zoning Board meeting.