Capy v. Metropolitan Dade County

Florida Circuit Courts

Capy v. Metropolitan Dade County

6 Fla. Supp. 2d 73

CourtCircuit Court for the Judicial Circuits of Florida

DecidedDecember 19, 1983

DocketCase No. 83-084 AP

StatusPublished

This text of 6 Fla. Supp. 2d 73 (Capy v. Metropolitan Dade County) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Capy v. Metropolitan Dade County, 6 Fla. Supp. 2d 73 (Fla. Super. Ct. 1983).

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Opinion

OPINION OF THE COURT

PER CURIAM.

The appellants seek review of the denial of a zoning application by the Appellee, Metropolitan Dade County Board of County Commis[74]*74sioners. The Appellants are the owners of two and one-half acres of land located in an area of Dade County which has become widely known as “Horse Country”. On October 7, 1982, the Appellants filed an application seeking a non-use variance of lot area requirements to permit a proposed single-family home on two and one-half acres of land where ñve acres are required under Sections 33-279 and 33-194, Code of Metropolitan Dade County, Florida. The Zoning Appeals Board denied the request. The Appellants then filed an appeal to the County Commission, which also denied the application.

We conclude the Board of County Commissioners had before it competent substantial evidence to support the denial of the variance. This Court will not substitute its judgment for that of the zoning authority. Nance v. Town of Indialantic, 419 So.2d 1041 (Fla. 1982); DeGroot v. Sheffield, 95 So.2d 912 (Fla. 1957).

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OPINION OF THE COURT

PER CURIAM.

The appellants seek review of the denial of a zoning application by the Appellee, Metropolitan Dade County Board of County Commis[74]*74sioners. The Appellants are the owners of two and one-half acres of land located in an area of Dade County which has become widely known as “Horse Country”. On October 7, 1982, the Appellants filed an application seeking a non-use variance of lot area requirements to permit a proposed single-family home on two and one-half acres of land where ñve acres are required under Sections 33-279 and 33-194, Code of Metropolitan Dade County, Florida. The Zoning Appeals Board denied the request. The Appellants then filed an appeal to the County Commission, which also denied the application.

We conclude the Board of County Commissioners had before it competent substantial evidence to support the denial of the variance. This Court will not substitute its judgment for that of the zoning authority. Nance v. Town of Indialantic, 419 So.2d 1041 (Fla. 1982); DeGroot v. Sheffield, 95 So.2d 912 (Fla. 1957).

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6 Fla. Supp. 2d 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capy-v-metropolitan-dade-county-flacirct-1983.

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