Agenda - Planning Commission - 04/05/2012

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Zoning Bulletin February 10, 2012 J Volume 6 J No. 3 Approval Ordinances were permit approvals, the Board did not have ju- risdiction, concluded the court. Moreover, since the 2010 Approval Or- dinances were consistent with the 2009 ordinances which were never challenged TRD's challenge of the 2010 Approval Ordinances was an impermissible collateral attack on the 2009 ordinances, found the court. See also: Woods v. Kittitas County, 162 Wash. 2d 597, 174 P.3d 25 (2007). See also: Fein v. Eastern Washington Growth Management Hearings Bd., 172 Wash. 2d 367, 259 P.3d 227 (2011), as corrected, (Sept. 29, 2011) and as corrected, (Jan. 10, 2012). Standing—Zoning Board Member Leaves After Tie Vote, Then New Vote Taken Zoning Board member sues, alleging her vote was improperly nullified in her absence Citation: Brodeur v. Miami -Dade County, 2012 WL 10824 (Fla. Dist. Ct. App. 3d Dist. 2012) FLORIDA (0114112) This case addressed the issue of whether a zon- ing board member had standing to challenge a vote that was taken in her absence, which she claimed improperly nullified her vote. The Background/Facts: In June 2010, the Miami-Dade County (the "County ") Community Zoning and Appeals Board for Area 12 (the "CZAB ") convened for a regular meeting. Six members of the seven - member CZAB were present, including Peggy Brodeur ("Brodeur"). The agenda for that meeting included an application by developer, J. Milton Dadeland, LLC (the "Developer "), for site plan approval to in- crease an existing apartment building from four stories to eight stories. After hearing the application, the CZAB members voted. Three mem- bers voted for approval, and three voted against the time. Brodeur voted against the application. At the meeting, staff, including the Assistant County Attorney, ad- vised that a tie vote would cause the matter to carry over to the next meeting of the CZAB. The relevant county ordinance, County Code 33 -308, stated that: "Whenever a tie vote occurs, the matter shall be carried over to the next regularly scheduled meeting." Shortly after the vote was taken, Brodeur became ill and was unable to remain for the balance of the meeting. After she left, the chair of the meeting allowed additional discussion regarding a further amendment to the Developer's application. Eventually, after additional discussion, another vote was taken on the application. This time, the application passed by a vote of three to two. © 2012 Thomson Reuters 7