Sarasota News Leader

02/15/2013

Issue link: https://newsleader.uberflip.com/i/109601

Contents of this Issue

Navigation

Page 14 of 99

Sarasota News Leader February 15, 2013 Page 15 their conclusion that the proposed Walmart the City directed Walmart to apply was for site plan approval by the City���s Planning Board, store is not a department store: not a rezoning, because the existing zoning ���Ms. Mendez: When we look at a zoning dis- allows the proposed use. The City���s staff is trict and what is a permitted use, a lot of items charged with making that determination.��� will have a match, but certainly when we have a laundry list of uses like this in the older zon- The letter continues, ���The [Planning] Board���s ing districts, we look at what it is similar to. decision was based on competent substantial We determine that it does not meet the defi- evidence as required by law in quasi-judicial nition of a department store. So then we look proceedings. The expert testimony of the apat the individual uses that would make it up. plicant���s team, the exhibits submitted by the So, it may not be one single use on there, but applicant and the recommendation of the City it���s a variety of those different uses, including Staff all constitute competent substantial evidence that supports the decision of the Planretail.��� ning [Board].��� ���Ms. [Susan] Chapman [Planning Board To support the city planning staff���s findings, member]: But in department store, CSC-N, Porter brought his own planner ��� Susan Fitch it���s not permitted.��� ��� to testify before the Planning Board. The ���Ms. Mendez: That���s correct. A department minutes of the meeting say, ���From a compatstore would not be, but we have determined ibility standpoint, which is what she looks at as a land-use planner, the use complies with that this is not a department store.��� site plan review standards because it is zoned Mendez will not plead the city���s case on Tues- properly for all of the uses that Walmart inday. She is on maternity leave. Her boss, Li- tends. The site plan, in her professional opintchett, will carry the argument. ion, does meet all of the city���s site plan review standards.��� Jim Porter, an attorney representing Walmart, will handle that role on the other side. In a let- Tuesday will be a long night. A total of 34 peoter to the city commissioners on Jan. 4 (before ple have signed up as ���affected parties,��� giving their 4-1 decision to hear the appeal), Porter them extra time to speak and the ability to wrote: ���It is important to note that the process cross-examine witnesses. % I am so incredibly pleased, with my beautiful smile and my comfortable and natural bite. - Barbara Lee For a complimentary consultation call 941.923.5406 | Christine Koval, D.M.D. | www.askdrkoval.com

Articles in this issue

Links on this page

Archives of this issue

view archives of Sarasota News Leader - 02/15/2013