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Key West's City Commission voted down Commissioner Ed Scales' proposal to shift Board of Adjustment authority from the Commission to an appointed board.  Last Stand isn't necessarily opposed to tweaking the system, and perhaps taking very minor variances out of the hands of commissioners (to save them time for more important things) is a good idea.  But handing all Board of Adjustment duties to an appointed board leaves open a lot of questions.  Further public debate is needed, and a referendum in November would have been premature.  From the July 21 Key West Citizen

City commission will keep board of adjustment role

BY TIMOTHY O'HARA

Citizen Staff Writer

KEY WEST — The city will not change the board of adjustment from the city commission to an appointed body.

Commissioner Ed Scales proposed placing a question on the November general election ballot, asking if residents want the city commission to continue to sit as the board of adjustment or have the commission appoint the board.

The board of adjustment determines whether property owners should be granted variances to city building and code regulations.

Scales is uncomfortable with the city commission enacting land use regulations one night and then sitting as a board that allows residents to ask for variances to those land regulations, he said.

Scales said that Key West is the only city in Florida that he has found that allows the city commission to sit as the board of adjustment.

The ballot initiative was slated to be voted on by the commission Tuesday night, but Scales withdrew the proposal after a majority of the commission members were not in favor of the referendum.

Local hotelier Heather Carruthers came out Tuesday to speak in favor of Scales' idea.

"I urge you to pass this," Carruthers said. "Enforcement of ordinances should not be the responsibility of legislature."

Commissioners Harry Bethel, Carmen Turner, Merili McCoy and Tom Oosterhoudt all spoke against the change, many saying that they have not heard an overwhelming protest from the public to change the composition of the board.

The commission has not been challenged on a board of adjustment ruling for at least a decade, Bethel said.

"The accountability stops here," Bethel said. "I think we do a good job ....There has been no outcry and no reason for the outcry."

Resident and environmental group Last Stand also opposed the ballot question, because it didn't define who would assume the role as the board.

"Whoever deals with this must have a great deal of familiarity with the code," said Bill Verge, a member of Last Stand and the city planning board.

Mayor Jimmy Weekley believes the idea should at least be brought before the voters, he said. The costs would be minimal to put it on the November general election ballot, city officials said.

tohara@keysnews.com

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