ZBA won't review Mar Vista complaints

The Longboat Key Zoning Board of Adjustment won’t review three complaints Longbeach Village resident 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 during its Feb. 12 meeting at Longboat Key Town Hall on three complaints stating he hasn’t received notification for past zoning actions; did not receive sufficient time to speak during a Planning and Zoning Board hearing; and that the PZB ruled in error by granting a special exception to allow outdoor dining in December.

The ZBA was only charged with deciding whether it had jurisdiction over Jaleski’s complaints, which it voted 5-0 against.

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 (Planning & Zoning) boards.”

The meeting dragged on for more than six hours as Jaleski and board members debated.

“I don’t think we have a right to rule on anything that happened over 25 years ago,” said board member Jean White.

Mooney-Portale agreed with White, explaining that Jaleski wasn’t asking the board to make a determination that a single official did something wrong and was “asking for a formal review of certain actions by P&Z and the commission.”

Jaleski disagreed.

“Town Hall is supposedly government for the people, and when a resident comes before the town seeking determination of what has transpired, he is met with an adversary wall of technicalities,” he said.
Jaleski said it was the ZBA’s duty to decide if errors were made.

“I wasn’t provided due process,” Jaleski said. “Errors were committed by an administrative official multiple times.”

Mooney-Portale cited town code, which states that an appeal of an administrative decision must be made within 30 days.

Planning, Zoning and Building Director Alaina Ray said staff informed Jaleski that his issues should be taken up in court, but he opted to file the complaints.