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Ruling Paves Way For Tower In Hyde Park Historic District

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By MICHAEL H. SAMUELS, The Tampa Tribune

Published: September 12, 2007

HYDE PARK - This time, the ruling was only five lines long.

In it, the 2nd District Court of Appeal all but put the kibosh on the city's hopes of keeping a condominium tower out of the Hyde Park Historic District.

'That's pretty disheartening,' said Vicki Pollyea, president of the Bayshore Gardens Neighborhood Association, which borders the historic district. 'This causes great concern for the ability to maintain our valued historic neighborhoods.'

For more than three years, the city and neighbors have been fighting Citivest Construction's plans to build a 346-foot condo tower at Bayshore Boulevard and DeSoto Avenue.

The vacant half-acre lot is on the southern end of the historic district, which is governed by the city's Architectural Review Commission. The commission denied a Certificate of Appropriateness for the project and recommended the city council do the same because the tower would not be consistent with historic district design guidelines.

The developer appealed to the council, which agreed with the review commission.

Citivest took the decisions to court, claiming property rights violations. The property's zoning allows for high-rise development.

A proposed settlement to allow a 230-foot tower also was rejected by the council.

In an eight-page ruling in December 2005, Hillsborough Circuit Judge William Levens ordered the city to reconsider the project because Citivest's plans met zoning requirements.
Levens added, however: 'The homeowners' concerns are legitimate and well-taken regarding development of Bayshore Boulevard. One of our city's treasures looks more and more like Miami Beach.'

The city appealed, but the 2nd District Court upheld Levens' ruling in May. Last month, the appeals court denied the city's request for a rehearing.

All that leaves is the Florida Supreme Court.

City Attorney David Smith said the city has 30 days to decide whether to take the case to the high court.

'We're not in a real strong position,' he said.

If the city doesn't appeal again, Smith said, the council will hold public hearings to discuss the project, taking the court decisions into account.

Citivest attorney Scott McLaren said his client doesn't want the case to linger any longer.

'They are out of judicial remedies,' he said of the city. 'They should approve this project and let us move forward.'

McLaren said Citivest wants the city to reimburse it for more than $1 million in legal and professional fees.

Smith said he does not see that happening.

'I think it makes sense for us to talk with the developer about an appropriate settlement,' he said. 'It depends on whether they want to build their building or waste time litigating.'

The appellate court's decision comes as the city considers designating Bayshore a scenic corridor and creating an overlay district that would set height and setback limits for development.

The council also is scheduled Nov. 8 to consider Citivest's proposal for a 190-foot, 31-unit condo tower at Bayshore and Bay to Bay boulevards. Zoning allows for up to 120 feet and 31 units.

The council rejected Citivest's two previous proposals for the site, known as Bayshore Patriots' Corner.

Roger Grunke, president of the Historic Hyde Park Neighborhood Association, doesn't want a high-rise building on the site.

He said the latest ruling is a major blow to the city at a time when it is seeking a federal Preserve America Community designation in recognition of the preservation work done throughout its five historic districts.

'This seems like a rather incongruous activity,' Grunke said. 'We are, in essence, being told by the courts that we cannot preserve our neighborhood.'

Reporter Michael H. Samuels can be reached at (813) 835-2109 or msamuels@tampatrib .com.

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