Wednesday, December 16, 2015

BOCC DECIDES NOT TO DECIDE

Yesterday's hearing before the Board of County Commissioners went pretty much as expected. Martin County staff recommended that the entire application package go back to the Local Planning Agency (LPA) on a housekeeping matter.

As I understood the explanation by the Senior Assistant County Attorney for Litigation yesterday: Martin County staff is tasked with sending out the public notice to residents and the newspaper when a proposed change to zoning is in the works. The Staff made a "scriveners error" and used numbers on a drawing. Apparently this is a legal issue. They should have used a different number, presumably the correct one lodged in some other location or document.

At the LPA meeting on March 5, 2015, the 586 sq. ft number was cited in the hearing and then County Planner Deanna Freeman immediately set the record straight to reflect the 640 sq ft number. She pulled out land drawings and oriented the LPA so that there would be no confusion about the square footage that was being designated as the "postage stamp". Ten months later, this correction has just come to light as being insufficient.

In totality, the issue to the County is over 54 square feet of Sailfish Marina specifically 586 sq. ft. vs 640 sq. ft. Trivial. The issue for the residents is "bad zoning, spot zoning, illegal zoning, what the County Staff call Postage Stamp Zoning." Does 54 square feet warrant a whole new hearing back to the LPA when it seems like different numbers were in the application package?

The Senior Assistant Attorney for Litigation said that the hearing should not go forward due to the error in the public notice. The BOCC took her advice and said that the LPA must hear the application again.

On a very positive note, opponents to the cell tower at Sailfish Marina turned out in force. They definitely made their objections known to the BOCC by coming to the meeting, many spoke out against the tower, many wore red so their position against the tower was clear. Thank you all for coming out and for your continued support.

Stay Tuned.
I will post updates as they happen.



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