Commission asks staff to draft code change on administrative appeals after debate over special magistrate vs. commission review

An extended discussion on Oct. 28 focused on appeals under Land Development Code §3.14, which currently allows the City Commission to appoint hearing officers to hear administrative appeals from city manager decisions enforcing the land development code. Staff described options: (1) appoint the existing special magistrate (contract would need amendment), (2) contract with the Florida Division of Administrative Hearings (DOAH) to provide an independent administrative law judge, or (3) amend the code so those appeals come to the City Commission.

Commissioners expressed concern about unintentionally ceding land‑use authority to a special magistrate or outside hearing officer on matters that can be nuanced and reflect local character. Staff presented a concrete example: an appeal involving a through‑lot where fence height was limited by the code to 4 feet in front yards and 6 feet in back yards; staff had interpreted the through‑lot as having two front yards, limiting both sides to 4 feet and prompting an administrative appeal. Commissioners and staff discussed alternative routes (concurrent variance at the Board of Adjustment or administrative appeal) and the differing standards and records associated with each.

Several commissioners said they were open to appointing a hearing officer in cases that are rare, but a majority favored amending the code to preserve the commission’s ability to hear administrative appeals (and to avoid potential jurisdictional challenge if a party argued an appeal should have gone to a hearing officer). The commission asked staff to draft a code amendment for future consideration that would clarify the city’s process for administrative appeals, preserve commission oversight where appropriate, and set clear timelines and fees. Staff said adopting a different appeal route to the DOAH would require a contract and noted the city currently charges a $500 fee for administrative appeals; special magistrate costs are tracked separately.