Judge hears arguments in writ challenge

Twelfth Judicial Circuit Judge Charles Roberts heard arguments today in the petition for a writ of certiorari filed by the Islandside Property Owners Coalition (IPOC) and L’Ambiance and Sanctuary associations against the Longboat Key Club and Resort and the town of Longboat Key.

“Our argument is the town violated critical components of its zoning cone,” said attorney Robert Lincoln, who represents IPOC and both condominium associations in their challenges to the Key Club’s proposed $400 million Islandside redevelopment project.

In their petition, IPOC and the condominium associations claim seven major deficiencies in the developmental order that the Longboat Key Town Commission approved for the project. They argue that:
• The development order approves uses not permitted by the zoning code by permitting uses such as a meeting center, administrative offices and spa/health facility on the north parcel;

• The development order violates the zoning code because it permits new, nonresidential uses on lands not previously designated for such uses;

• The development order violates zoning codes because it does not include required findings about the departures granted;

• The development order violates zoning codes because it doesn’t include required findings;

• Permits are insufficient for off-street parking;

• Parking garages for the hotel and meeting center exceed the permissible size for accessory structures;

• The Longboat Key Planning & Zoning Board did not review the fourth revised application, which the commission acted on.

But attorney John Patterson, who represents Key Club Associates, said that the planned-unit development (PUD) was to allow flexibility.

“The evidence is overwhelming that this is the most appropriate use of the land,” he said.

Town attorney David Persson argued that some errors at the quasi-judicial level were inevitable given the case’s complexity. A writ of certiorari should only be issues when there has been a violation of a clearly established principal of law resulting in a miscarriage of justice has occurred, Persson argued.

Roberts did not rule at today’s hearing.

For more information, pick up a Nov. 24 copy of the Longboat Observer.

Contact Robin Hartill at [email protected].