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Thursday, Oct, 23, 2014
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No date yet for Taylor height variance appeal

Holmes Beach City Attorney Pat Petruff confirmed at the city's Oct. 14 meeting that the law firm representing Key Royale homeowner Robert Taylor had delivered a letter of appeal on the the board of adjustment's variance denial for his property.

Petruff said Taylor's attorney, Mark Barnebey, "was concerned that filing it with the clerk [of court] was not sufficient and I wanted you to know it had been received."

Taylor will appeal the Aug. 26 decision by BOA to deny him an after-the-fact height variation of 3 feet 6 inches at his house at 693 Key Royale Drive.

The city filed its notice of the board of adjustment's denial with the Manatee County Clerk of the Circuit Court on Oct. 3 and Taylor had 30 days to appeal to the city commission to reverse that denial.

Taylor's building permit is for $412,000 worth of additions for a second story at his existing Key Royale home facing the Key Royale Country Club. The addition was found by to be 3 feet 6 inches above the city's height limit of 36 feet above the crown of the road. His plans were submitted to the building department sometime in September 2002.

"Basically the problem was miscommunication between the contractor and designer," Taylor told board members in August. "The foreman for the contractor discovered the back portion of the roof to be too high."

Taylor told the board that the costly corrections of removing the roof and insulation would be an unfair burden to him, although work has apparently continued at the site.

The board of adjustment's chairman, Hugh Holmes Jr., recused himself from the Aug. 26 debate and vote because his company was the contractor for the project.

Looming over the controversy are two February issuances of height variances, which were voted for by Holmes.

The next city commission meeting where the appeal could be heard will be Oct. 28.

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