PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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ARTICLE 10 APPEAL: CONSIDERATION OF AN ARTICLE 10 APPEAL BY CORY BEATON REGARDING DENIAL OF BUILDING PERMIT NO. BLD2025080317 FOR THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE
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EXECUTIVE SUMMARY:
executive summary
Pursuant to Section 10.12, Land Development Regulations (LDR), Martin County Code, Cory Beaton has appealed the denial of Building Permit No. BLD2025080317 for the construction of a single-family residence on property located at 18250 SE Loxahatchee River Road, Jupiter, Florida 33458
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DEPARTMENT: Growth Management
PREPARED BY: Name: Elysse Elder, Esq., B.C.S
Title: County Attorney
REQUESTED BY: Cory Beaton
PRESET:
PROCEDURES: Quasi-Judicial Appeal
BACKGROUND/RELATED STRATEGIC GOAL:
Factual Information:
On Thursday May 14, 2026, pursuant to Section 10.12.,LDR, Martin County Code (MCC), Cory Beaton filed a Notice of Appeal challenging the denial of building permit No. BLD2025080317 for the construction of a single-family residence on property owned by Mr. Beaton located at 18250 SE Loxahatchee River Road, Jupiter. Pursuant to Section 10.12., LDR, MCC, the filing of an administrative appeal suspends the finality of action being appealed until the appeal proceedings are concluded.
On June 17, 2026, County Administrator Don Donaldson conducted an administrative review meeting regarding building permit No. BLD2025080317. On June 30, 2026, County Administrator Don Donaldson issued a determination that the building permit was appropriately denied.
On July 17, 2026, Mr. Beaton filed a notice of appeal pursuant to Section 10.12.E. LDR, MCC, initiating an appeal to the Board of County Commissioners (BCC) of the County Administrator’s June 30, 2026, decision. Section 10.12.E.3.a, LDR, MCC, requires the BCC to consider the appeal within thirty (30) days after the notice of appeal is filed and deemed complete. Accordingly, this matter has been scheduled for the BCC’s August 11, 2026, meeting.
A copy of the July 17, 2026, Notice of Appeal filed by Mr. Beaton is attached, as required by Section 10.E.1, LDR, BCC. A copy of the May 14, 2026, notice of appeal is also attached.
Appeal Procedures:
As established in Section 10.12.E., LDR, MCC, (set forth below) the BCC acts in an appellate capacity and follows the following procedure:
Section 10.12.E., Appeal to the BCC.
1. Initiation of appeal. See Section 10.12.B.
2. Requirements for a complete notice of appeal. See Section 10.12.C.
3. Conduct of Appeal.
a. Schedule. The BCC shall consider the appeal within 30 days after the notice of appeal has been filed. Notice of the time and date of the meeting shall be provided to the appellant and to the applicant, if the appellant is not the applicant, at least five working days prior to the date of the meeting.
b. Participants. The participants in the appeal to the BCC shall consist of the appellant and/or the appellant’s representative, the County Administrator and the County Attorney. In addition, the director of the department whose final action has been appealed shall be a participant. If the appellant is not the applicant , the applicant and/or the applicant’s representative may attend the meeting and shall be entitled to participate as an intervenor.
c. Conduct of the administrative review meeting. The BCC shall consider the record and provide the appellant , an applicant, and the County with an opportunity to be heard.
d. Scope. The BCC shall consider only those facts established at the time of the original decision that is the subject of the appeal and shall not consider new information or evidence. The decision of the BCC shall be limited to determining whether the County administrative officials accorded due process, observed the essential requirements of law, and made the final action under review based upon competent substantial evidence.
e. Decision. At the conclusion of the meeting, the BCC shall render its decision by resolution, which shall be reduced to writing and a copy provided to the appellant and the applicant, if the appellant is not the applicant. When an application is denied, the County shall give written notice to the applicant. The notice shall include a citation to the applicable portions of the ordinance, rule, statute or other legal authorities for the denial.
Pursuant to the Board’s Agenda Policy and Procedures Manual, Quasi-Judicial appeals shall be conducted as follows:
Quasi-Judicial Appeal Procedures:
1. Item Introduction by Chairman
2. Ex parte disclosures by the Board of County Commissioners
3. Summary introduction of appeal by Staff
4. Appellant presentation, by appellant, representative or counsel - LIMITED TO MAXIMUM OF 20 MINUTES
5. Questions by the Board of County Commissioners
6. Staff presentation - LIMITED TO MAXIMUM OF 20 MINUTES
7. Questions by the Board of County Commissioners
8. Board of County Commissioners deliberation/decision
As set forth in Section 10.12.E., consideration of the appeal is limited in terms of who may participate and in terms of what may be presented and considered. Only the appellants or their representative(s), the County through its representative(s), and the applicant or its representative(s) should be allowed to address the Board. This type of appellate proceeding does not include an opportunity for public comment.
All of the participants must limit their representation to only the facts and evidence which were already established in the record. In this matter, the record consists of the following:
1. Notice of appeal including Building permit No. BLD2025080317
2. May 14, 2026, Notice of Appeal filed by Cory Beaton, including exhibits
3. June 30, 2026, Administrative review determination
Because this type of proceeding is based on the facts and evidence which have already been established and no new information or evidence should be considered, it would not be necessary to swear in the participants.
Pursuant to Section 10.12.E.3.d, the standards for review by the Board are:
1. Whether the County Administrator accorded procedural due process,
2. Whether the County Administrator adhered to the essential requirements of law, and
3. Whether the final action by the County Administrator was based upon competent substantial evidence.
Determining whether the appellant was accorded procedural due process means that the BCC must decide whether the County Administrator’s review of the building permit was conducted fairly and impartially according to applicable procedures.
Determining whether the County Administrator adhered to the essential requirements of law means that the BCC must decide whether he applied the correct provisions of applicable law when making his decision, including applicable state statutes and administrative rules as well as the County’s Code, Comprehensive Growth Management Plan, and the Land Development Regulations, and did not abuse his legal authority in the process.
Determining whether a decision is based upon competent substantial evidence means that the Board must review the record and decide whether there was sufficient evidence to support the final decision, but without any concern for whether there also might have been evidence that would have supported a contrary conclusion and without substituting the Board’s judgement to weigh conflicting evidence or for who had the better evidence.
Pursuant to Section 10.12.E.3.e, at the conclusion of the Board’s deliberations, the Board is required to render its decision by a written resolution stating the decision. For that purpose, a proposed resolution has been prepared (copy Attached).
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Section 10.12.E., LDR, MCC, requires the Board of County Commissioners to act in an appellant capacity and utilize the quasi-judicial appeal procedure. As always, this quasi-judicial proceeding must be conducted with more formality than a legislative proceeding.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Resolution affirming the June 30, 2026, decision of the County Administrator.
ALTERNATIVE RECOMMENDATIONS
Move that the Board adopt a resolution reversing the decision of the County Administrator and remanding the building permit back to staff for further review.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: