Conetta v. City of Sarasota, 80-2176

• Decision Date: 15 July 1981
• Docket Number: No. 80-2176,80-2176
• Citation: 400 So.2d 1051
• Parties: Doris CONETTA, Appellant, v. CITY OF SARASOTA, Appellee.
• Court: Florida District Court of Appeals

Page 1051

400 So.2d 1051

Doris CONETTA, Appellant, v.CITY OF SARASOTA, Appellee.

No. 80-2176.

District Court of Appeal of Florida, Second District.

July 15, 1981.

Stanley Hendricks of Dent, Pflugner, Rosin & Haben, Sarasota, for appellant.

Robert M. Fournier of Hereford, Taylor & Steves, Sarasota, for appellee.

BOARDMAN, Judge.

Doris Conetta, petitioner in the circuit court, appeals the denial of her petition for certiorari to review a decision of the Sarasota City Commission denying her application for a special exception to build a guest house on her property.We reverse.

Appellant petitioned appelleeCity of Sarasota for a special exception allowing her to build a guest house on her property.Appellant also furnished the city with a letter stating that the guest house would not be rented, would be used by members of her family only, would not have any cooking facilities, would not have a separate utility meter, and would be built in accordance with all applicable city ordinances.This letter constituted a promise of compliance with each requirement of the ordinance for the issuance of a special exception.

On January 9, 1980, the city Planning Board met, heard attorney John Dent speak on behalf of appellant's request, and heard several persons speak against the granting of the requested special exception.

A decision was deferred until the January 23, 1980, meeting, at which time counsel for appellant and two of the people who had previously spoken against the special exception appeared.In addition, letters in opposition from several residents of the area were brought to the board's attention.

Many of those opposed to a special exception for appellant gave no reason for their objections.One of the major reasons for objection that was stated was that appellant's guest house would not conform to the rest of the area.This was because the structure was to be raised on stilts to twelve feet above ground level.This aspect of the design was not of appellant's own choosing, however; it was mandated by the flood plan zoning currently in effect.Moreover, there was at least one other parcel of property in the neighborhood that contained a raised structure.The other major objection involved the concern that despite appellant's assurances that she would not rent her guest house, she might later sell her property, and the new owner might rent the guest house.Both a member of the Planning Board and City Manager Thompson noted that the proscription against renting guest houses was difficult to enforce.However, at no time was there any question of appellant's good faith in regard to her promise not to rent her guest house.

The board ultimately recommended denial of the special exception, and the matter came before the City Commission on April 21, 1980.The City Commission denied the special exception on the basis of the Planning Board's recommendation.Appellant then filed a petition for certiorari with the circuit court, seeking review of the City Commission's decision.The circuit court denied the petition, and this appeal followed timely.

It is well settled that the courts will not interfere with administrative decisions of zoning authorities unless such decisions are arbitrary, discriminatory, or unreasonable.City of Naples v. Central Plaza of Naples, Inc., 303 So.2d 423(Fla.2d DCA1974).However, the only criteria upon which the Planning Board or the City Commission could rely in passing upon appellant's special exception request were those spelled out in the pertinent ordinance.North Bay Village v. Blackwell, 88 So.2d 524(Fla.1956);City of Naples v. Central Plaza of Naples, Inc., supra.They nevertheless decided the matter on the basis of the objections of several residents, none of which objections bears on any of the relevant criteria set forth in section 43-12(8)(f), the applicable section...