Save Our Neighborhood's Appeal - The Result Is In - The DCB Was Wrong!
Save Our Neighborhood had until March 29th to file an appeal with the Second District Court of Appeals seeking to overturn Clearwater Community Development Board's (CDB's) approval of multiple code deviations requested by Legg Mason to build a 38 room hotel and 165 seat restaurant where the current swimming pool and Cabana Club restaurant are located. These deviation requests included an approval of only 56 parking spaces where 113 are required for a 38-room hotel and a 165-seat restaurant.
Ms. Remley advised that the appeal will not be filed even though the previous panel of 3 judges agreed with S.O.N. that: (1) the CDB was incorrect and deviated from the law when they combined the hotel rooms of the Belleview Biltmore, located in Belleair, with the proposed Cabana Club Hotel on Sand Key, in order to evaluate the Cabana Club Restaurant as an "accessory restaurant" to avoid the requirement that there be 75 parking spaces for the restaurant and 38 for the hotel; and (2) the CDB was "incorrectly advised on the rules of evidence" by their own attorneys when they were directed to not allow S.O.N.'s attorney, Mr. Zimmet, to cross examine the parking expert of Legg Mason.
Legg Mason, a/k/a Latitude Management Real Estate Investors, Inc. (LMREI), is required to file an application for a building permit by September 16, 2010 and may seek an additional six month extension, according to Clearwater's Amended Development Order.
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