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Pensacola council remands ARB variance for 627 East Government Street after procedural concerns
Summary
After residents and appellants’ counsel raised due‑process and evidentiary concerns about an Architectural Review Board hearing, the Pensacola City Council voted 4–1 on Oct. 22, 2025, to remand the variance request for 627 East Government Street back to the ARB for rehearing with sworn testimony and explicit findings of fact.
The Pensacola City Council on Oct. 22, 2025, remanded an Architectural Review Board decision that approved variances for 627 East Government Street, citing procedural shortcomings at the ARB hearing and gaps in the record.
Appellants’ counsel Meredith Bush urged the council to overturn the ARB decision, arguing that “none of the 3 criteria — procedural due process, essential requirements of the law, or competent substantial evidence — were observed.” She said testimony at the ARB was not sworn, neighbors were discouraged from commenting, and material (including a signed petition and some letters) was missing from the ARB backup.
City legal staff acknowledged a procedural error at the ARB, telling council that witnesses had not been sworn and that unsworn testimony could be vulnerable to reversal on judicial review. City planner Greg Harding summarized the ARB record: the board approved variances reducing the front setback from 15 to 0 feet and the rear setback from 20 to 9 feet to enable a three‑story, multi‑family project; the ARB vote was 4–1 with one recusal.
During public comment, nearby residents raised concerns about notice placement, pedestrian safety, parking and the scale of the proposed building. Kevin Stevens and others said many neighbors left the ARB hearing after being told to restrict their remarks to specific criteria. Architect and applicant Brian Spencer defended the application and said staff had assisted in preparing the packet.
In deliberations, Councilmember Jones said it appeared “procedurally correct” issues existed and urged remand so the ARB could re‑hear and document findings. Vice President Patton moved to remand the variance to the ARB with instructions to take sworn testimony and prepare explicit findings; Councilmember Jones seconded. The motion passed 4–1, with Councilmember Baer recorded as opposed.
What happens next: The variance matter will return to the Architectural Review Board for a rehearing that the council instructed should include sworn testimony, clear findings of fact tied to the variance criteria, and any additional staff analysis the ARB deems necessary.
