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Staff briefs board on 'competent and substantial evidence' and limits on aesthetic reasoning for variances
Summary
City staff told the Planning & Zoning Board that general aesthetic preferences alone do not constitute competent and substantial evidence for variance decisions; specific, detailed findings combined with other evidence can be considered.
A staff member told the Lake Worth Beach Planning & Zoning Board that case law limits the weight that broad, subjective aesthetic statements can have when boards evaluate variances and other land-use decisions.
"Broad statements of aesthetic considerations that I don't like that or I really like that... cannot be considered," the staff member said, explaining that aesthetics must be tied to specific, evidentiary facts to count as competent and substantial evidence. The staff member added that when aesthetics are combined with other detailed evidence, they may be considered.
Board members asked for the topic to be revisited in a future meeting and staff said supplemental slides and case-law examples would be provided at the next meeting to help the board apply the standard consistently.
