|
Residents challenge Biltmore decisions
By CHARY SOUTHMAYD
| Article published on Wednesday, June 25, 2008 |
|
![[Image]](/content_images/062508_bee-01.jpg) |
| Rendering courtesy of LEGG MASON |
| Three Belleair residents are challenging approval of the Belleview Biltmore site plan and all seven variances, including placement of the spa outside of the hotel, as depicted at the west end of the property. |
|
BELLEAIR – Three Belleair residents who live close to the Belleview Biltmore Resort are appealing the Town Commission’s approval of the site plan for the hotel renovation and seven variances granted.
A Petition for Writ of Certiorari, which seeks court review of the commission decision, was filed with the Appellate Division of the Sixth Judicial Circuit Court June 19 on behalf of Scott Spencer, Robert Swinehart and Fred Thomas.
The legal action alleges that the commission failed to adhere to procedural due process at the May 20 quasi-judicial hearing by limiting the petitioners’ testimony to 17 minutes, while allowing Legg Mason representatives more than one hour to present their case.
The suit also claims there was not competent substantial evidence to support granting the variance allowing the proposed new spa to be located outside of the hotel and approval of a 7-foot increase to the spa height, which exceeds that allowed by town code.
Spencer, Swinehart and Thomas all live within 75 feet of the Biltmore. They are represented by attorney Alan Zimmet. Reached at his office June 23, Zimmet said an appellate judge will review the petition and if it is deemed sufficient, an order to show cause would be issued to attorneys. If ultimately headed to court arguments, the case could take nine months to one year to resolve, Zimmet estimated.
Also reached at his office Monday, Belleair Town Attorney David Ottinger agreed that due to court dockets and priorities, resolution “could take a long time.”
Zimmet said his clients are additionally concerned about insufficient parking in the site plan and worry that guests’ cars will clog the surrounding residential roadways.
Regarding the alleged failure to afford due process, the petition claims the commission’s May 20 quasi-judicial hearing “was tainted by the Mayor’s clear favoritism for the applicant” and was “wrought with unequal treatment.”
“The law provides for this sort of review,” said Ottinger. “Everyone has the right to seek review if they feel a decision was not made properly.”
Joe Penner, managing director of Legg Mason, said the appeal has not dimmed the hopes of the restoration team.
“After making great strides and having such tremendous community support, we are obviously perplexed and disappointed with the appeal,” said Penner in a press release. “We continue to be optimistic and excited about restoration of the Biltmore. With great optimism, we look forward to the commission’s approval of our site plan being affirmed by the court.”
The petition does not challenge the variances granted for the golf course facilities on Indian Rocks Road.
 |
Article published on Wednesday, June 25, 2008
Copyright © Tampa Bay Newspapers: All rights reserved. |
