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Land dig pits neighbor against neighbor

Tarpon Springs okays a permit to require a 50-foot setback for a property owner's sand excavation. But his neighbor wants 100 feet.

By YUXING ZHENG
Published October 7, 2005

TARPON SPRINGS - Ken McAlpin moved one step closer to excavating a large amount of sand from his back yard after city commissioners granted him a conditional use permit Tuesday.

He also moved one step closer to a lawsuit, said neighbor Wayne Vaughn, who fears the excavation will kill trees on his own property, dry up his well and cause excess noise and dust.

Vaughn and his attorney spoke to commissioners during their meeting Tuesday night in hopes of requiring the excavation be set back at least 100 feet from Vaughn's property. City code requires the excavation to be at least 50 feet away from adjacent property.

But commissioners approved the permit, 4 to 1, to require only a 50-foot setback. Commissioner Peter Dalacos voted against it.

The permit allows McAlpin to excavate 125,000 cubic yards of sand from his 55-acre property on the 2000 block of Highland Avenue.

It passed on the condition that McAlpin build a 6-foot-tall mound along the 80 feet of his land that borders Vaughn's property - something he doesn't have to do for other neighbors. McAlpin must also plant trees on the mound to help reduce the noise and dust from the excavation.

The city's Planning and Zoning Board recommended approval of the permit last month, but with a 100-foot setback along Vaughn's property. Vaughn's 5.5-acre home on the 2200 block of Keystone Road is south of McAlpin's property.

Vaughn, 62, scoffed at the idea that a 6-foot mound and trees would effectively shield his property from the excavation's effects.

"That's almost a joke," said Vaughn, a retired used car dealer. "What we're looking for is a minimum of 100 feet."

The commission's decision Tuesday night prompted Vaughn and his wife, Ferrell Vaughn, to consult with their attorney. The couple will likely file a lawsuit in county court to ask for at least a 100-foot setback from their property to the excavation, Vaughn said.

McAlpin, meanwhile, said it would be ridiculous for him to have a 100-foot setback solely along Vaughn's property.

"It's my property," McAlpin, 70, said at the commission's meeting Tuesday. "I can do what I want with it. If I gave 100 feet to every property owner around me, I'd have nothing left. Why should I give up 100 feet when Tarpon Springs says 50 feet is enough?"

McAlpin, a retired business owner, said he hopes to use the sand for the county's future expansion of nearby Keystone Road. He's undecided whether he would sell the property or turn it into a pasture after the excavation. Four developers have approached him with plans to build single-family homes and townhouses, he said.

The permit the city approved Tuesday is for three years with an optional two-year extension.

When excavation begins, workers would dig between 6 to 40 feet deep. The project would require at most 70 truck trips a day. McAlpin must still file several other permits before he can begin excavating.

Tarpon Springs annexed McAlpin's property in August 2004.

Commissioner Peter Nehr visited the McAlpin property two weeks ago and voted for the 50-foot setback Tuesday.

"Fifty feet is the requirement of the city," he said. "All I did was allow Mr. McAlpin to have what he was legally entitled to in the first place."

For his part, McAlpin said he doesn't mean any harm to the Vaughns.

"I'll do anything to try to appease him," he said. "I'm not trying to be a bad neighbor at all."

Yuxing Zheng can be reached at 727 445-4163 or at yzheng@sptimes.com

[Last modified October 7, 2005, 01:50:23]