Board debates keeping 'special privilege' variance criterion in Land Development Code

Board staff and members spent an extended portion of the meeting debating whether the 'special privilege' criterion should remain in the city's Land Development Code. Staff described the criterion as historically difficult to apply and sometimes requiring staff to recommend denial even when other criteria were met.

Kelly and Harrison (staff) explained the practical difficulties: Harrison said the criterion "is the most difficult criteria to apply largely because you have to look at it one of two ways that no matter what it is conferring a special privilege." Staff noted the phrase has historic roots in Florida planning statutes; one board member cited Florida Statute 163.2253A and urged legal research before any code change. Multiple members suggested directing staff to research case law and peer municipal practice and, if appropriate, route a proposed amendment through the Planning & Advisory Board (PAB) and then to the commission for consideration.

No formal motion to amend the LDC was made that evening; the board asked staff to compile legal research and examples of how peer cities interpret or apply the criterion. Staff said the simplest path would be a staff‑driven code amendment during periodic LDC updates, with PAB review prior to commission consideration.