Lawsuit seeks to quash Beacon Hill variance

Published: Thursday, May 15, 2014 at 10:07 AM.

A Beacon Hill resident has filed suit against the Board of County Commissioners seeking to quash an April 8 decision to grant a variance to the owner of property abutting Veterans Memorial Park in Beacon Hill.

Attorney J. Patrick Floyd filed the lawsuit on behalf of Bo Williams in the 14th Circuit Court.

The lawsuit seeks to quash the variance granted to Ellis Smith, Jr. to build within the setback on land adjacent to Veterans Memorial Park.

“They have violated their own (land development regulations) and therefore the comprehensive plan,” Floyd said, contending that issuing the variance was effectively providing a development permit that was contrary to the comp plan.

In the lawsuit, Floyd argues that in granting the variance the BOCC overstepped in two significant ways.

First, the BOCC was not the proper body to take up the variance.

The lawsuit details that such variances should go before and be approved by the Planning and Development Review Board (PDRB), and only after the PDRB has considered the variance can the issue be brought to the BOCC for final approval.

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