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Watermark decision was
wrong under law
The undersigned is
counsel to the neighbors and other protesters of the size of the
Watermark development at the site of the Jabour trailer park. This
letter is in direct response to Commissioner Oosterhoudt's diatribe in
[the April 30] newspaper rationalizing his own vote in favor of the
project. The Commissioner used one-eighth of the editorial page to make
his case.
However, he missed the
one and only issue that concerns what appears to be an overwhelming
majority of his district:
Does the development
comply with the law?
It clearly does not. City
code Section 102-2 incorporates the [Historic Architectural Review
Commission] Guidelines into the Code itself. The language is clear:
"...Prior to obtaining a building permit, an applicant for development
shall comply with the city's Historical Architectural Review
Commission's Design Guidelines in Key West's Historic District..."
The HARC Guidelines
themselves at page 38 state that "New Construction ... must not exceed
2.5 stories ..."
At the recent City
Commission meeting on April 19, Commissioners Oosterhoudt, Scales,
Bethel and Menendez voted to approve the 26-unit project notwithstanding
the City Planner's admission that it violates the law.
When asked directly by me
at the said Commission meeting "pursuant to the City Code of Ordinances
how many stories are contained in Buildings 3 and 4 of the Watermark
Development" Ty Symroski stated unequivocally that they were "3 stories
over parking". Three stories over parking exceeds the maximum of 2.5
stories and exceeds the law.
There are also multiple
technical issues which will be raised in forthcoming appeals and
arguments for extraordinary writs, such as whether or not the developers
are entitled to any transient rental units, whether or not the city is
authorized to issue building permits pursuant to [the rate of growth
ordinance], Floor Area Ratio, and whether a pending HARC appeal prevents
the City Commission from voting on the matter at all (and the due
process violation). We will also prove that all four Watermark buildings
are all four stories according to the city code; and that they are
incompatible and out of proportion with the neighborhood.
It is now left up to the
city's hearing officer and the circuit courts to enforce the city code.
Robert B. Goldman
Key West
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