ZBA won't hear Mar Vista complaints

The Longboat Key Zoning Board of Adjustment won’t review three complaints Longbeach Village and commission candidate Gene Jaleski lodged against the town for past approvals granted to Mar Vista Dockside Restaurant & Pub.

In an attempt to rescind past approvals given to Mar Vista over the last 20 to 25 years, Jaleski wanted the ZBA to rule Jan. 12 at Town Hall on a complaint that states he hasn’t received notification for past zoning actions granted to the eatery.

The ZBA, though, was only charged with deciding whether it had legal jurisdiction over Jaleski’s complaints.

Town Attorney Maggie Mooney-Portale filed Feb. 5 memos stating the ZBA “does not have the authority under the town code to review the decisions of either the commission or the PZB boards."

Mooney-Portale reiterated her stance at the meeting.

“My opinion is the board can’t preside over the matters he’s raised, which would end the proceeding,” Mooney-Portale said. “And I would request the board enter an order saying as much.”

But the meeting and the matters weren’t that simple. A meeting that started at 9:30 a.m. dragged on for more than six hours as Jaleski and the board debated his issues.

“I wasn’t provided due process,” Jaleski said. “Errors were committed by an administrative official multiple times. You have a duty to investigate it.”

In a second appeal, Jaleski asked the ZBA to rule that the Planning and Zoning Board didn’t give him longer than two minutes to talk at a past PZB hearing related to Mar Vista. Jaleski claims he should be afforded special interest privileges to speak longer because he lives close to the restaurant.

A third complaint stated the special exception permit Mar Vista was granted in December should be rescinded because the PZB ruled in error when making its decision.

After the back and forth discussion, the board decided it wouldn’t hear Jaleski’s claims and made 5-0 votes on all three claims in support of that decision.

For more information, pick up a copy of next week's Longboat Observer. 

Contact Kurt Schultheis at [email protected].