Documents Supplied By Attorney William Dunaway On Behalf Of Aaron and Patricia Elmone

Documents

Supplied By Attorney William Dunaway On Behalf Of Aaron and Patricia Elmone

Clark Partington Hart Larry Bond & Stackhouse ATTORNEYS AT LAW

Pensacola • Destin • Santa Rosa Beach • Tallahassee

William J. Dunaway •Licensed to Practice in Florida & Mississippi

Direct (850) 208-7020 [email protected]

April 30, 2015 VIA HAND DELIVERY -

Alison P. Rogers, Esq. Escambia County Attorney 221 Palafox Place, Suite 430 Pensacola, Florida 32502

Re:

Appeal of the Denial of an Application for a Permit to Construct a Dock at 1769 Ensenada Dos, Pensacola Beach, Florida

Dear Ms. Rogers:

For purposes of the Board of County Commissioners' ("BCC") May 7, 2015

review of the action of the Santa Rosa County Island Authority ("SRIA") regarding processing of an application for a dock permit, the following information is provided: Application Process and Decision for the BCC:

My clients, Aaron & Patricia Elmone, made application to construct a

residential dock/pier on their Soundside Pensacola Beach property. According to Section 13.01.02(A)(l)(i) of the LDC, such requests are to be reviewed and acted upon by the SRIA staff. In this case, SRIA staff (Paolo Ghio) recommended

approval of my clients' application for a dock permit. With that recommendation, Mr. Ghio referred the matter to the architectural and environmental committee of

the SRIA. My clients believed this was a routine ministerial process given the objections of neighbors. The Committee voted three to zero to send the matter to

the full SRIA board. My letter dated April 3, 2015 (Exhibit 1) presents the basic facts and legal authority which my clients submitted to the full board of the SRIA.

Before the full board on April 8, 2015, SRIA staff again confirmed that my clients' application met all requirements of the LDC and therefore recommended approval. A copy of the transcript of that meeting is attached as Exhibit 2 and a copy of additional materials provided by my clients is attached as Exhibit 3.

The full board of the SRIA voted six to zero to "deny" my clients' application for a dock permit. Despite the fact that the full board made the decision (vice SRIA staff) to deny the application for a permit to build a dock, that decision is still an administrative decision (whether made by SRIA staff or the board) in accordance with Section 13.01.02(A)(l)(i) of the LDC. C0U?vTV Pi"~0R\EVS l,:

125 West Romana Street •Suite 800 •Pensacola. Florida 32502 P.O. Box 13010 • Pensacola. Florida 32591 -3010

Phone (850) 434-9200 • Fax (850) 432-7340 www.cphlaw.com

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