Petition for Writ of Certiorari to Review
Quasi-Judicial Action: Agencies, Boards, and Commissions of Local Government: ZONING
– Standing – homeowner who resides several blocks away from subject residence
lacked standing to appeal City’s decision to approve location of garage doors –
homeowner did not establish that he was adversely affected by the approval -
Petition dismissed. Steven Lange v. City of
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
STEVEN DOUGLAS LANGE,
vs. Appeal No. 04-0042AP-88A
THIS CAUSE came before the Court on the Petition for Writ of Certiorari, the Response, and the Reply. Upon consideration of the briefs, record, case law, and being otherwise fully advised, the Court finds that the Petition must be dismissed, sua sponte, as the Petitioner, Steven Douglas Lange (Lange), does not have standing to appeal the decision entered by the Respondent, City of St. Petersburg City Council (City Council), involving residential property located at 1900 Bay Street Northeast.
Lange seeks review of Resolution No. 2004-262, in
which the City Council found that a proposed garage addition, with the garage
Without having to address the myriad of issues
presented, the Court finds that Lange, who resides several blocks away from the
does not have standing to appeal the decision entered by the City Council,
which ultimately concluded that the garages doors could face
As analyzed by the Fifth District Court of Appeal in Wingrove Estates Homeowners Association v. Paul Curtis Realty, Inc., 744 So.2d 1242 (Fla. 5th DCA 1999), to have standing to challenge a zoning change or variance, a property owner must establish that the zoning change has adversely affected some legally recognizable interest, such as property value. See also City of St. Petersburg v. Marelli, 728 So.2d 1197 (Fla. 2d DCA 1999)(finding that neighboring property owners affected by zoning changes have standing to challenge the changes); Rinker Materials Corporation v. Metropolitan Dade County, 528 So.2d 904 (Fla. 3d DCA 1987)(holding that cement mill operator had standing to challenge the validity of county ordinance approving the rezoning of adjacent property); Carlos Estates, Inc. v. Dade County, 426 So.2d 1167 (Fla. 3d DCA 1983)(concluding that individual who lived within 700 feet of the subject property had the requisite standing to appeal zoning decision).
Lange has not established how he is adversely affected by the City Council’s decision. Although the City’s Code allows any “interested party” to appeal a decision by the Planning Commission to the City Council, this does not, ipso facto, give him standing to appeal to this Court. Indeed, Lange was not entitled to notice of the proceedings below and only became aware of the proposed garage addition after watching, on March 9, 2004, a replay of the Planning Commission’s March 2nd appeal hearing. Accordingly, the Court finds that the above-styled Petition must be dismissed for lack of standing.
Therefore, it is,
ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is hereby dismissed.
DONE AND ORDERED in Chambers, at
JOHN A. SCHAEFER
Circuit Judge, Appellate Division
Copies furnished to:
Nicole E. Weiss, Esquire
Milton A. Galbraith, Jr., Esquire
Post Office Box 2842
 The City raised the issue of standing in its Response, but did not file a separate motion to dismiss.
 The purpose of the NRD is to ensure that new
development in certain designated neighborhoods is compatible with existing or
desired neighborhood characteristics.
Any “interested party” may appeal a decision made by the Planning Commission to
the City Council.
 The Court notes that the garage design approved by the City Council, alternative B, is not the design considered by either the NRD or the Planning Commission. No party with standing has appealed the propriety of this decision.
The address listed by Lange on his appeal petition to the City Council is
 As stated by the City in footnote 1 of its Response, the Owners still need a variance for a yard setback in order to construct the garage.
 The City’s Code states that the person
appealing an NRD decision must provide notice to property owners within 200
feet of the subject site.