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Board recommends removing redundant clause from village code section 9‑503
Summary
The Planning, Zoning and Design Board voted unanimously to recommend that council strike a last provision of code section 9‑503 that staff and the village attorney said was an unnecessary carryover from county code referencing a constitutional takings exception.
The Village of Estero Planning, Zoning and Design Board voted to recommend that the Village Council remove a final clause in land development code section 9‑503 after the village attorney described it as an unnecessary relic copied from county code.
Village attorney Robert Esherfelder told the board the provision—found in the last paragraph of 9‑503(3)(b) in the packet—says that if a lot cannot meet access and drainage requirements, the requirement "will not apply to the extent that it may result in an unconstitutional taking of land without due process." Esherfelder said that language is redundant and inappropriate in the village code and recommended its removal.
"We won't do this unless it just doesn't make any sense," Esherfelder said, explaining his view that the clause is not necessary and could cause confusion. He said the village's code should not contain language that effectively repeats a due‑process/takings caveat that is both unnecessary and not present in the current county code.
A board member moved to recommend that council strike the cited provision from 9‑503; the motion was seconded and passed on a roll call with all present board members voting yes. The recommendation will be forwarded to council for first reading as part of the ordinance process.
Board members praised staff for locating the inconsistency in the code. The item concluded with unanimous support to send the deletion recommendation to council.
