Outgoing County Commission Chairman John Meeks is dressed in holiday attire as he discusses adjustment board.

By Terry Witt – Spotlight Senior Reporter

            Levy County Commissioners got bogged down on Dec. 17 in a fierce debate about whether they should challenge an order from one of its appointed boards that apparently violated the county’s comprehensive plan.

            Filing litigation against one of its boards is rare – almost unheard of – and yet the zoning issues were so dicey Commissioner Lilly Rooks felt the board should challenge the Board of Adjustment order.

            The adjustment board voted 2-1 at its Dec. 14 meeting to grant landowner George Deskins a variance from land use rules that would normally require him to have 20 acres for a home that borders the 1993 unrecorded subdivision of Deer Haven Estates.

            While the 14.2 acres that Deskins owns appears to be enough for a home from a common sense standpoint, County Attorney Anne Bast Brown said Deskins’ land is zoned Forestry Rural Residential requiring a minimum of 20 acres per dwelling unit.

             Brown said Deskins doesn’t have enough land to meet the requirements of the Land Development Code and the adjustment board didn’t have the authority to grant a variance from the comprehensive plan.

            But the adjustment board granted the variance anyway.

Awkward Situation

            She said the adjustment board’s decision places Development Department Director Bob Boulette in an awkward position because he can’t legally issue a building permit to Deskins.

            “He doesn’t have a variance from the comprehensive plan so he doesn’t have authority to issue a building permit,” Brown said.

            She said she wrote a detailed legal analysis explaining why issuing a building permit would violate the comprehensive plan. The county commission comprehensive plan is a master plan governing all land uses in the incorporated areas of the county. The county’s comprehensive plan must comply with state law.

            Deskins requested a variance to exempt himself from the requirement for 20 acres of land to place a home.

            Complicating matters, the adjustment board heard from Deskins twice. The first time the board voted 2-1 in August to deny Deskins’ request for a variance. Board Chairman Andrew Carswell disqualified himself from voting on grounds that he had a conflict of interest.

            When the variance was brought back to the adjustment board in December, the variance was granted on a 2-1 vote.  Carswell voted with one other member to approve the variance this time around. Brown said Carswell was able to vote because he was no longer doing the things that caused the conflict.

            Carswell works for Mills Engineering, the Bronson firm that acts as the county engineer.

            Adjustment Board Qualifications

            Former Board of Adjustment member Toni Collins, who resigned her position not long after the Deskins’ decision, said part of the problem is that the adjustment board doesn’t have members with the type of background needed to interpret language in the comprehensive plan, land development code and zoning regulations.

            “You’ve got to have someone on there that has some real property knowledge,” she said. “I do not believe the persons who are chosen to sit on these boards have the background and the experience to make decisions.”

            Collins said she served on the adjustment board since 2016. She said the board never had more than four of its five members present for meetings. One member was habitually absent.

            Linda Cooper, founder of Spotlight, recalled a decision in 2017 by the adjustment board to grant a variance to Guardian Angels Medical Service Dogs with the condition that Levy County Animal Services abide by Levy County Humane Society standards when inspecting the facility. However, the Humane Society was inactive and there was no manual of standards in existence. Cooper said Brown never acknowledged that the Humane Society standards didn’t exist nor did the adjustment board.

            “These boards don’t know everything,” Cooper said. “These boards may not always make the right decision.”

            The adjustment board hears appeals of Development Department decisions and interprets zoning and land use laws when there is an issue raised by a property owner. Its decisions are final. The county commission has no authority to overturn an adjustment board decision.

            County Attorney Doesn’t File Litigation

            Brown said the only way the county commission could have overturned an adjustment board decision in the Deskins case would have been to hire outside legal counsel and file litigation against the board. She said the cost would be $2,500 to $5,000. When resident Ron Grant asked why Brown couldn’t file the litigation herself, Brown said she doesn’t file litigation on behalf of the county and never has.

 

Brown said the owners of the Deskins’ property knew there was an issue with how much land was needed for a home.

            “The question of how we got here; this was a very complicated sale. They (landowners) admitted this issue was raised; it fell through the cracks and they didn’t look at it again and they didn’t realize it until they wanted to get a permit. They were looking at all these other aspects of the property, but failed to follow through,” Brown said.

            Deep Concerns

            Outgoing county commission chairman John Meeks, who voted along with County Commissioner Rock Meeks in opposition to Rooks motion to file a legal challenge to the adjustment board decision, said he was deeply concerned about challenging a decision by the board.

            “Are we invalidating the reason for having this board is my concern, is my deep concern,” he said.

            As an aside, the Chiefland City Commission serves as its own Board of Adjustment and makes recommendations to the city commission. After commissioners meet at the Board of Adjustment and votes, commissioners adjourn and reconvene as the city commission to confirm or reject the adjustment board decision they just made. The same elected officials serve on both boards.

            Lost Powers

            Brown said the county adjustment board lost some of its powers in years past.

            “I think when the Board of County Commissioners had issues with the Board of Adjustment in the past the result was eventually to take some of their authority away. They used to issue special exceptions,” Brown said.

            Rooks said one of the reasons the adjustment board lost powers was because county commissioners are elected to make those decisions.

            “We put it off to another board that’s not elected,” she said.

            Commissioner Rock Meeks said he was concerned about the direction the board was headed in the Deskins’ case. He said there are many residential lots surrounding Deskins that are smaller than his lot.

            “If that’s the road we’re going to go down, there are a whole lot of places down there that aren’t in compliance,” he said. He mentioned hunting camps as an example.

            Rooks was quick to respond.

            “Have they come before the board for a variance? This one did,” Rooks said.

            Commissioner John Meeks asked if Rooks’ request to challenge the adjustment board order could come back to the commission later when Commission Chairman Matt Brooks is present. He missed the meeting to attend a toll road meeting for the Suncoast Corridor.

            Brown said there wasn’t enough time to bring the issue back to the county commission.

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Board of County Commission Regular Meeting December 17, 2019; Posted December 23, 2019