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David Wayne Wilcox
David Wayne Wilcox
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Bar #281247(FL)     License for 45 years
Bradenton FL

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92-006258GM  R. JERRY HARRIS vs TOWN OF MCINTOSH AND DEPARTMENT OF COMMUNITY AFFAIRS  (1992)
Division of Administrative Hearings, Florida Filed: Oct. 16, 1992
These cases address whether the Town of McIntosh adopted Comprehensive Plan should be found "in compliance" with applicable statutes and rules. See Section 163.3184(9), Florida Statutes. DOAH Case No. 92-6258GM raises the issue of adequate opportunity to examine the adopted Comprehensive Plan. It also alleges that a change that had been voted by the Town Council had not been placed in the adopted Comprehensive Plan concerning the substitution of the word "suspension" for the proper word "abandonment" at Policy 2.1.4.5. within the text. Maps found at pages 2-11 and 2-17 within the adopted plan are challenged in their depiction of wetlands. The petition challenges the setbacks imposed at page 7-4. Challenge is made to the change in the commercial mobile home park zoning classification which caused a reduction in housing densities. Challenge is made to the depiction of the amount of acreage in the Comprehensive Plan associated with this petitioner. The petition challenges the statement at page 4-18 concerning interviews with mobile home parks' owners related to the availability of low cost rental property and the overall provision for mobile homes and other low income housing. Further reference is made to low income housing and the alleged inadequacy concerning low income housing associated with Policy 4.1.1.2. Finally the petition alleges that the sites for group homes cannot be found as they are described in Policy 4.1.1.1. DOAH Case No. 92-6259GM challenges the future land use classification at page 2-14 in the Comprehensive Plan associated with lake front property as that classification reduces permitted uses for commercial activities. DOAH Case No. 92-6260GM takes issue with the densities associated with lake front residential property of two units per acre and the affiliated setback requirements for wetlands. The petition also questions the decision to make this property owned by these petitioners lake front residential as opposed to lake front commercial which ostensively would allow these owners to operate a fish camp as two other property owners were permitted to do. Finally, this petition takes issue with whether the Town of McIntosh has responsibility for protecting and conserving Orange Lake, to include the nearby wetlands, in a circumstance where other agencies are alleged to be fulfilling that responsibility.Challenges to decision finding plan in compliance related to wetlands and commercial land uses not proven.

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