VI (B) Discussion re: Liberty Investment Properties, Inc/Shurgard Inc. Application with Orange County for Special Exception to Devolop a Self Storage MiniWarehouse Facility AGENDA 5-21-96
Item VI B
FOLEY & LARDNER
ATTORNEYS AT L A W
SUITE 1800 A MEMBER OF GLOBALEX
III NORTH ORANGE AVENUE WITH MEMBER OFFICES IN
ORLANDO, FLORIDA 32801 BERLIN
JACKSONVILLE TELEPHONE 1407)423-7656 BRUSSELS
TALLAHASSEE DRESDEN
TAMPA FACSIMILE (4071 648-1743 FRANKFURT
WEST PALM BEACH MAILING ADDRESS: LONDON
MILWAUKEE POST OFFICE BOX 2193 PARIS
MADISON SINGAPORE
CHICAGO ORLANDO,FL 32802-2193 STUTTGART
WASHINGTON,D.C. - TAIPEI
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City kik
DATE: May 16, 1996
RE: Liberty Investment Properties, Inc./Shurgard
Incorporated: Application with Orange County for Special
Exception to Develop a Self Storage Mini Warehouse
Facility
Liberty Investment Properties, Inc. ("the Applicant")
filed an application with Orange County for a special exception in
a C-1 district to develop a self storage warehouse facility in
unincorporated Orange County on property located on State Road 50
("the Application") . The Orange County Board of Zoning Adjustment
("BZA") approved the Applicant's request. The City filed an appeal
of the BZA approval to the Orange County Commission ("the Appeal") .
On March 26, 1996 the County Commission held a public hearing on
the Appeal. At that hearing, the County Commission denied the
Application.
Liberty Investment Properties, Inc. and Shurgard
Incorporated ("the Petitioners") have filed a Petition for Writ of
Certiorari with the Circuit Court of the Ninth Judicial Circuit.
The Petitioner is asking the Court to quash the County Commission's
decision denying the Application. The City of Ocoee is not a party
to this proceeding and the burden of defending the County
Commission action falls to the County Legal Department or such
legal counsel as may be retained by the County.
These developments raise an issue as to whether or not
the City should intervene in the proceedings in order to assure
that the action of the County Commission is aggressively defended.
I have reviewed this matter with Mr. Shapiro and the City staff.
It is our collective recommendation that the City should seek leave
ESTABLISHED (93
1 8 4 2
The Honorable Mayor and City Commissioners
of the City of Ocoee
May 16, 1996
Page 2
to intervene in these proceedings in order to assure that the City
is a party to any possible settlement discussions and to further
assure that the action of the County Commission is aggressively
defended. The extent to which the City will need to become
actively involved will depend in large part on vigor of the defense
presented by the County. We will make every effort to coordinate
with the County in order to minimize our role. Depending on the
actions of the County Legal Department, we would estimate that the
cost of our involvement will range between $8, 000 and $20, 000.
RECOMMENDATION
It respectfully is recommended that the Mayor and City
Commission authorize the City Attorney to file a Motion to
Intervene in Case No. 96-2561 in the matter of Shurgard/Liberty
Investment Properties, Inc. vs. Board of County Commissioners of
Orange County, Florida, and to take all necessary actions to uphold
the denial of the Application by the Board of County Commissioners.
PER:dh
cc: John R. Hamilton, Esq.
C:\WP51\DOCS\OCOE\MEMOS\PERDDH0S.1 61 1 5/1 6/96I DEBBIEH I PER:dh