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MEGAN SCOTTDuring a two-hour hearing, a judge listens to the two sides that have argued for months over the height and number of units in a proposed development on Edgewater Drive.
CLEARWATER - Judge Donald Alexander came from Tallahassee to hear the arguments.
Now he has 45 days to decide whether a 59-foot condominium complex will be built on Edgewater Drive.
It won't if it is up to Kate Belniak, who has hired an attorney to challenge the Community Development Board's decision allowing the condos. The board approved the project in July with a 4-2 vote.
During a two-hour hearing on Monday, attorney Alan Zimmet presented several arguments against the project: The condos are too tall for the neighborhood of single-family homes, Belniak only had three minutes to speak at the previous hearings, and no one was allowed to question the developers.
He also said one board member was not at all of the hearings and therefore could not make a sound decision. J.B. Johnson was appointed to the board between meetings in April and July.
On Monday, Zimmet asked the judge to throw the decision out.
"Send it back, vacate the decision, have another hearing," he said. "I would say Mr. Johnson should be excluded from voting. He missed out on testimonies."
But the developers had their own attorney.
Darryl Richards, who represents Top Flight Development, told the judge that his client has tried to work with residents. The developers had originally proposed 75-foot condos but reduced that height to 59 feet.
They also knocked off two floors, added three parking spaces and decreased the number of units from 77 to 62. Top Flight is proposing constructing the condos on the site of the existing Bay Queen and Edgewater Drive motels.
"The community had a voice," Richards said. "It was heard. There were five separate individuals who came up and said they wanted it, why they believed it was appropriate. The board considered both sides of the equation.
"There's not an ounce of proof that (Johnson) didn't look at evidence."
The Edgewater Preservation Project, which has spent more than six months battling the proposed complex, wants the condos to be no more than 35 feet tall, the same height as the nearby Comfort Suites.
But while the developers could have designed the building to be wider and lower, it would have meant fewer units or moving the complex closer to adjoining property lines.
They also wanted to save two nearby large oak trees that are each estimated to be more than 100 years old.
Only the attorneys spoke at the meeting, but each side said later that they thought the judge heard their concerns.
"I thought it went pretty well," Zimmet said. "I think we were able to make our points. I think the judge was very attentive and interested. I really don't think they gave these folks a fair shake."
Dan Dennehy, who owns the motels, said he was pleased with the way the hearing went.
"We're hopeful and believe that the judge will come out and support the CDB decision," he said.
Megan Scott can be reached at 445-4167 or mscott@sptimes.com