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Titusville board allows developer to intervene but rules appellant lacks standing; hearing closed
Summary
The Titusville Board of Adjustments and Appeals voted to recognize Apollo Gardens as an interested party and to retain jurisdiction to hear an appeal of a site development permit, but later found the appellant, Vicki Conklin, did not have standing and closed the proceeding on Feb. 26, 2025 amid heavy public comment.
The Titusville Board of Adjustments and Appeals on Feb. 26 voted to name Apollo Gardens an interested party in an appeal of a site development permit but then concluded the appellant did not have standing to pursue the appeal and ended the quasi-judicial proceeding.
Attorney Eric Page of the Schutzen Bowen law firm asked the board to grant Apollo Gardens party status, citing Titusville Resolution No. 24-1997 and arguing the developer could be “adversely affected” if the board revoked the permit. The board approved that request by roll call.
Why it matters: The decision ended formal consideration of an appeal that neighbors say challenges the city’s consistency review and the project’s access from Demeritt Drive. Residents and elected officials packed the chamber and urged the board to hear the case on its merits, citing safety, traffic, drainage and comprehensive-plan concerns.
City staff and counsel had split positions on the board’s authority to hear the appeal. Eric Page argued the board’s jurisdiction is limited to land-development regulation appeals and urged dismissal because the appellant’s claims stemmed from the city comprehensive plan. City staff counsel, citing code sections that incorporate…
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