for Writ of Certiorari to Review Quasi-Judicial Action: Agencies, Boards, and
Commissions of Local Government: ZONING
– Variances – City did not depart from the essential requirements of law
in denying variance request by Petitioner to install two tie poles at end of
dock – variance request did not meet Code criteria - Petition denied. Ritchie v. City of
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
STEVEN D. RITCHIE, TRUSTEE
vs. Appeal No.06-0051AP-88A
THIS CAUSE came before the Court on the Petition for Review of Quasi-Judicial Action, the Response and the Reply. Upon consideration of the same and being otherwise fully advised, the Court finds that the Petition must be denied as set forth below.
The Petitioner, Steven D. Ritchie,
Trustee (Ritchie), seeks review of the decision of the Planning and Zoning
Board, City of Treasure Island (City), to deny Ritchie’s variance request to
install two tie poles at the end of his dock.
In reviewing the administrative action taken below, the Court must
consider whether Ritchie was afforded procedural due process, whether the
essential requirements of law were observed and whether the decision is
supported by competent substantial evidence.
See Haines City Community Development v. Heggs, 658 So.2d
523, 530 (
The record shows that Ritchie owns real property located at 368 Bay
this Court, Ritchie argues that the Board’s decision departs from the
essential requirements of law and is not supported by competent substantial
evidence. In addressing these issues,
the Court finds that Ritchie had the burden to establish that he met the
requirements for the variance. See
Gomez v. City of
In this case, the Board’s majority
did not find that Ritchie met the City’s Code criteria for granting a variance,
including that the literal enforcement of City’s Code would result in extreme
hardship due to the unique nature of the property.
Therefore, it is,
ORDERED AND ADJUDGED that the Petition for Review of Quasi-Judicial Action is denied.
DONE AND ORDERED in Chambers, at
R. TIMOTHY PETERS
Circuit Judge, Appellate Division
GEORGE M. JIROTKA CYNTHIA J.
Circuit Judge, Appellate Division Circuit Judge, Appellate Division
Copies furnished to:
Thomas E. Reynolds, Esquire
Maura Jean Kiefer, Esquire