IPOC challenges code amendments

 

IPOC challenges code amendments

 

Date: July 21, 2010
by: Kurt Schultheis | City Editor

 
 

The Islandside Property Owners Coalition, as expected, filed an administrative appeal last week that challenges code changes the Town Commission approved in May.

Because the town of Longboat Key did not respond to a request by IPOC to amend the changes within 30 days of the request, IPOC attorney Michael Furen filed an administrative appeal with the state’s Department of Community Affairs July 14.

The seven proposed amendments to the code submitted to the town by the Longboat Key Club and Resort, in an effort to diminish legal challenges presented by IPOC, were approved May 3.

IPOC’s petition states: “the amendments materially alter and change numerous provisions of the land-development code governing the Gulf-planned development zoning district. IPOC, thus, has ‘associational standing’ to file and process this challenge to the amendments as being inconsistent with the plan.”

The petition points out many provisions of the Comprehensive Plan, which “ensure the compatibility of adjacent land uses,” “preserve and enhance the character of Longboat Key” and place emphasis “upon the protection of the visual and aesthetic character of neighborhoods, including open space.”

The state now has 60 days to review the petition and make a decision.

If a law judge agrees the town’s actions were inconsistent with its Comprehensive Plan, the matter is referred to the governor and his cabinet, which Furen says has the ability to impose sanctions on the town, including taking away revenue-sharing funds that include funds available for beach renourishment projects.

Furen said IPOC also has the right to file an appeal with the District Court of Appeals if the judge disagrees with IPOC’s views during the process.

IPOC has also reserved the right to challenge the commission’s decision to approve the Islandside project and has until July 30 to file such a challenge in circuit court.

Contact Kurt Schultheis at kschultheis@yourobserver.com.
 

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