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Jackie Colson-Miller

Jackie Colson-Miller, CIPS
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Controversy, A Condominium and a Court Ruling on Bayshore Boulevard

When you are buying a home in Tampa, check the zoning on the vacant lot nearby..

If you are familiar with Bayshore Boulevard, in Tampa, it is one of the most famous spots in town. Said to be the longest contiguous sidewalk in the world, the street winds along the bay, from Downtown Tampa to the tip of the peninsula, which ends at MacDill Air Force Base.

Housing along Bayshore Boulevard is a mix of high-rise condominiums, large historic homes, grand new homes, and is some of the most prestigious real estate in the city.

Controversy erupted several years ago over a parcel(seen in the photo below) that was zoned for multi-family(high-rise) development. Surrounding parcels were already home to high-rises, but this parcel had gone undeveloped for many years and the single-family homes on the neighboring street had enjoyed the vacant lot as a neighbor. When a developer revealed plans to erect a high-rise on the parcel, which was allowed by current zoning laws, the neighbors rallied and involved the City Council, to put a stop to the development. The parcel happens to be in an historic district, so the Architectural Review Commission stepped in and joined the fight, objecting to the height of the building, along with objecting to the entire development itself. In 2004, the ARC, without any jurisdiction to do so, denied the proposed building over a height issue. The City Council chose not to uphold the law when the developer appealed that decision. In 2005, a Court ruled that the citys ZONING laws regulate height, not the Architectural Review Commission.

Bay-shoreRecently, a District Court of Appeal upheld the original ruling. The development planned is within the current zoning laws and the Architectural Review Commission does not govern height restrictions. It took many years of litigation for the developer to finally hear that he is within his rights, and the zoning laws, to develop the parcel.
What is the real issue here? A developer purchased a parcel, was planning to develop it according to current zoning laws and a group of homeowners managed to wreak enough havoc with the City that the project has been in litigation for years. Those homeowners purchased property near a vacant lot that was destined for high-rise development. That never changed. When the development was finally planned, they didn’t like it. It wasn’t against the law. It wasn’t against the zoning ordinances. They simply didn’t like it. So, they started to whine, and whine, and whine, until the whining grew so loud that the “law” was ignored.
The question isWhy did the City of Tampa, the City Council and their attorneys choose to ignore zoning laws and cause years of litigation expense. That parcel sat vacant for many years and changes in zoning laws along Bayshore Boulevard could have been proposed at any time.

The developer is seeking One Million dollars in reimbursement from the city. The City Council effectively prevented legal construction of a building during a hot real estate market. Now, the market has cooled and the developer has suffered great financial losses at the expense of the City, because of the neighbors who chose to ignore the zoning laws when they purchased their homes near the vacant lot.

Should some of that expense be passed on to the members of the ARC who knew their jurisdiction did not include height restrictions? Should the voters think twice in the next election about re-electing the city officials who chose to ignore the zoning laws and cost the taxpayers millions of dollars NEEDLESSLY because some very whiney neighbors kept stomping their feet like kindergarteners who insisted on having their way .

Just a little more food for thought on The Real Estate Sizzle today.

What do you think? Who should be held financially responsible for the litigation that occurred? And, should city officials be sanctioned when their failure to follow the law results in litigation at the taxpayers expense? Leave me your thoughts in the comment section below!

If you are buying real estate in Tampa, selling real estate in Tampa, or need information about relocating anywhere in the U.S. or the world….contact me!

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This entry was posted on Friday, September 7th, 2007 at 6:08 am and is filed under Florida Condominiums, Real Estate News, South Tampa, Tampa Real Estate, Things to Ponder. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

2 Responses to “Controversy, A Condominium and a Court Ruling on Bayshore Boulevard”

  1. Sacramento Real Estate Voice says:
    September 7, 2007 at 3:38 pm

    It was great being part of the Real Estate Tomato conference call with you this morning.

    As for your article, it would seem to me that the tax payers should not have to be burden by this litigation. The City Council first of all should have known better and if not, then their counsel should have offered good sound advice. Since neither appears to have happened, I would suggest the the constituents replace their City Council and the attorney for the City.

    -Gena Riede

  2. Jennifer Steck says:
    September 9, 2007 at 8:27 pm

    Jackie- The zoning was already in place and the developer had the right to build the highrise. The city should pay at least some penalty. Here in Denver it seems that density is the vision. So, sites that were originally designated open space or single family are now approved for high density development. It brings in more taxes. So, not only should we pay attention to zoning, but also any notices that indicate that zoning may change.

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