INDIAN ROCKS BEACH -- An Indian Rocks Beach resident has sued the city, the City Commission and a developer seeking to reverse a variance granted by the commission.
In question is the property in the 2500 block of Gulf Boulevard on which a developer, Armstrong Village at Indian Rocks Beach Development, proposed putting a mixed use project, including a Publix supermarket.
Ricardo Alvarez contends that this Planned Unit Development (PUD), as such projects are called, is not lawful at that site.
Last fall, Armstrong applied for a variance to allow a PUD that would consist of a supermarket, retail stores and condominiums.
In January, IRB's Board of Adjustment took up the variance request and after a hearing recommended that the variance be denied.
The following month, an appeal of that decision was taken to the City Commission with a recommendation from the city staff that the variance be denied.
Alvarez's suit says "The commission ignored the BOA's and staff's recommendations and voted to approve the application."
The suit says a PUD "is expressly prohibited" at that site and that by granting the variance the city "issued a development order that is inconsistent with the comprehensive plan."
Alvarez alleges many other violations of the land development code as a result of approving the variance.
The suit seeks an injunction to stop further development and that the commission's action be subjected to review by the Circuit Court.