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Agenda Item # 11.e.
City Commission Regular Meeting
Meeting Date:
07/03/2017
Re
Legislative Hearing - Ordinance No. 17-021 Abolishing (Zoning) Board of Adjustment
Submitted For:
James Messer

SUBJECT:

Legislative Hearing - Ordinance No. 17-021 transferring the duties of the Fort Pierce (Zoning) Board of Adjustment to the Special Magistrate.   FIRST READING

SUMMARY:

Ordinance providing for the abolishment of the Board of Adjustment with the powers and duties shifted to a Special Magistrate. Benefits of transferring Board of Adjustment matters to a Special Magistrate include:

  1. Quasi-judicial matters are better handled by Special Magistrates who, as attorneys, have the legal expertise and background to give them a better understanding of the issues.
  2. More economical and efficient for the City to present case to a Special Magistrate because of legal training.
  3. Politicization of the process is eliminated and consistency in results is ensured.   Special Magistrates have been used in Code Enforcement matters by the City since 2000.  Abolishment of the Board of Adjustment would eliminate an unnecessary layer of bureaucracy and eliminate the administrative burden on the Department Head of providing notice, processing paperwork and managing a board.   

RECOMMENDATION:

Abolish the Board of Adjustment and transfer the powers and duties to a Special Magistrate.

ALTERNATIVES:

Retain the current system with the Board of Adjustment remaining in place.

RESPONSIBLE STAFF:

James M. Messer, Esq., City Attorney

COORDINATED WITH:

Nicholas, C. Mimms, P.E., City Manager
Rebecca Grohall, Planning Director


Fiscal Impact

Budgeted Y/N:
N
Fiscal Year:
2017
Account:
TBD
Amount:
TBD

OTHER INFORMATION:

Fiscal Impact to be determined.

Attachments

Form Review

Inbox Reviewed By Date
City Manager Nick Mimms 06/26/2017 09:42 AM
Form Started By:
awilkinson
Started On:
05/18/2017 01:43 PM
Final Approval Date:
06/26/2017