Reso 2008-1222 - Laserfiche WebLink

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The question then IS what constitutes good cause to warrant an extension of a development approval. The City Code does not contain a definition for the term good cause. There are no cases in Florida in which good cause is defined in the context of extensions of development approvals. However, the Florida Supreme Court has defined the term good cause in the context of a criminal case. According to the Supreme Court, good cause is "a substantial reason, one that affords a legal excuse, or a cause moving a court to its conclusion, not arbitrary or contrary to all the evidence, and not mere ignorance of law, hardship on petitioner, and reliance on [another's] advice"...Davis v. State, 887 So. 2d 1286, 1289 (Fla. 2004) (emphasis added). Clearly, based on the aforementioned definition, hardship on the petitioner alone is not sufficient to establish good cause. Indeed, the Supreme Court emphasized that good cause "is based on the peculiar facts and circumstances of each case." Id. In granting extensions for development approvals, the City Commission has reviewed the particular facts of each case in granting or denying an extension. For example, the City Commission found good cause to grant an extension where a developer requested more time to pull a building permit in order to resolve an objector's lawsuit. See, Attached Letter from Attorney Representing the Regalia Development Project. The City Commission also found good cause where permitting delays from other agencies prohibited the developer from proceeding in an expeditious manner to obtain a building permit within the two-year time period. See, Attached Letter from Attorney Representing the Davinci Development Project. On the other hand, the City Commission denied a request for an extension where the developer sought the extension based solely on market conditions. See, Attached Letter from Comfort Homes Development. Essentially, the precedents show that economic reasons have not been a basis for the City Commission to grant an extension for a development approval. B. Inability to Obtain Financing or Market Condition Is Not Good Cause In addition to demonstrating good cause to warrant an extension of a development approval under the City Code, a developer has to demonstrate that the need for the extension is based substantially on events or occurrences beyond the control of the developer. The City Code does not describe all the occurrences beyond the control of the developer. However, the inability to obtain financing or market condition does not constitute good cause by itself under the City Code. More precisely, Section 265-11 (N)(3) of the City Code provides that "the inability to obtain financing, volatility in the economy and/or changes in the market conditions affecting a project, two or more of these factors combined and/or in combination with other relevant factors, may be sufficient as determined by the City Commission, to establish a need for the extension." Thus, the inability to obtain financing and market conditions are only factors in determining good cause. These factors must be combined with another factor in order to establish good cause. For example, economic conditions combined with permitting delays may be sufficient grounds to establish good cause. By indicating in its Code that the inability to obtain financing or market condition does not constitute good cause by itself, the City Commission made it abundantly clear that economic reasons alone would not be sufficient to establish good cause to warrant an extension of a 3 29