Sandbar site plan may be in jeopardy
By Rick Catlin. Islander Reporter
Ed Chiles and the Sandbar restaurant could be in danger of starting
from scratch with a new site plan to remodel the existing facility after
Chiles failed to meet the city's six-month deadline to return to
the city commission with a final site plan.
Chiles' preliminary
plan was approved June 29, but the city code required
Chiles to come back to the commission within six months - Dec.
29, 2005, in this case - with a final plan or
request an extension.
Attorney Ricinda
Perry, representing Chiles, wrote the city a letter
in early January asking that the commission consider
an extension at its Jan. 26 regular meeting.
But at the commission's
Jan. 12 workshop, Commissioner Duke Miller suggested
that the Sandbar's failure to meet the Dec. 29
deadline meant that the plan was "finished" and
Chiles had to start over.
Not exactly,
said Building Official Kevin Donohue.
According to
the code, the application is "deemed withdrawn
unless the city commission grants an extension." The
code makes no mention of whether or not the commission
can grant the extension before or after the six-month
deadline.
City Attorney
Jim Dye agreed that the site plan is "withdrawn" unless
the commission grants an extension, but the commission
can grant the extension at any time. He suggested the
commission hear the extension application at its Jan.
26 meeting.
But at the same
Jan. 12 workshop, the commission granted an extension
to the six-month period to the Anna Maria Island Community
Center's final site plan submission. Miller wondered
why the commission didn't discuss the Sandbar's
request for an extension at the same time.
Because Perry
asked to be on the Jan. 26 agenda, replied Donohue.
Coastal overlay district
Commissioners
agreed to hire attorney Nancy Stroud of Boca Raton
for a second opinion on the legality and possible future
legal challenges of the city's proposed coastal
overlay district ordinance.
The ordinance
would limit development of residences on currently
unplatted lots in the district to one unit per acre and
to a height of just 27 feet, among other restrictions
and conditions for development.
City planner
Alan Garrett said there are 250 parcels in the district,
but he did not yet know how many were "unplatted," or
how many acres the combined parcels would make.
The commission
heard from Harry Lockwood, who owns a 1.27 acre unplatted
parcel in the proposed district.
Lockwood asked
the commission to consider the affected property owners,
noting that he and his family "don't want
to get involved in a lawsuit, but we just want fairness."
The commission
will discuss the proposed district again at its Jan.
26 meeting when it expects to have Stroud's opinion
on the legality of the ordinance.
Signage
Garrett presented
a revised ordinance on signage in the city based upon
the results of his two meetings with business owners
and the public.
Most of the changes
in the ordinance were directed at real estate signs
advertising "for sale" or "for rent," and
the ordinance would reduce the maximum size of a real
estate "open house" sign from 5 square
feet to 3 square feet, among other changes.
Discussion also
centered around some removable real estate signs that
are attached to posts in the ground.
Building Official
Kevin Donohue suggested that the posts, as permanent
structures, might require a building permit and engineering.
Commissioners
also considered eliminating window signs advertising "for
rent" or "for sale."
Further discussion
was continued to the commission's Jan. 26 meeting
for the second reading of the ordinance.
Line of credit
The commission
held the first reading of the ordinance establishing
the city's $1.5 million line of credit with Wachovia
Bank under a program funded by the Florida Association
of Counties.
While Mayor SueLynn
argued that language in the ordinance should include
utilizing the money for various capital improvement
projects, the commission consensus was to restrict
use of the funds to just road and drainage projects.
The second reading
will be Jan. 26.
Fences
Commissioners
also considered an amendment to the fence ordinance
that would prohibit masonry, stone, brick or concrete
fences and restrict any fence to a height of 4 feet
or 6 feet, depending upon where the fence is located
on a property.
The height of
the fence will continue to be measured from the "existing" ground
grade.
Consolidation
Newly elected
Commissioner Christine Tollette asked the commission
for a resolution to discuss the consolidation issue
with the other two Island cities and Commission Chairperson
John Quam agreed to bring the issue to the commission's
Feb. 9 workshop.
SueLynn reported
that she was contacted by Holmes Beach Mayor Carol
Whitmore to attend a meeting with her and Bradenton
Beach Mayor John Chappie to discuss consolidation.
However, said
SueLynn, because the meeting would be about consolidation
of the three Island governments and not about consolidation
of any services, she declined the invitation as she
has no mandate from the commission to pursue consolidation
The commission
rejected placing a non-binding referendum on consolidation
on the November ballot after public opinion appeared
to be against any talks about governmental consolidation,
only consolidation of some services. |