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Judge rules in favor of Hyde Park condo tower

Homeowners say the proposed 346-foot development is too tall for the Hyde Park Historic District.

By JANET ZINK
Published December 17, 2005

TAMPA - In his ruling, he quoted Big Yellow Taxi, Joni Mitchell's classic song lamenting the paving of paradise.

But Hillsborough Circuit Judge William Levens on Friday still ruled in favor of a developer fighting the city of Tampa to build a condominium tower at DeSoto Avenue and Bayshore Boulevard.

"The homeowners' concerns are legitimate and well-taken regarding the development of Bayshore Boulevard. One of our city's treasures looks more and more like Miami Beach," Levens wrote before invoking the Mitchell lyric, "They paved paradise and put up a parking lot."

"However," he wrote, "the court is bound to apply the law, not to decide a case based on personal or popular opinion."

At issue was the height of the proposed 346-foot tower in the Hyde Park Historic District.

The height complies with the city's zoning laws. But homeowners complained it was too tall. The city's Architectural Review Commission agreed, voting last year to deny the proposal.

Citivest, the tower's developer, appealed the decision to the City Council, which upheld the review commission's ruling.

Citivest took the matter to court. City attorneys tried to settle the case. But in July, under pressure from homeowners, the City Council voted against the settlement and sent the attorneys back to court.

Levens' eight-page order concludes that the city's zoning laws regulate height and the Architectural Review Commission should focus on design within the parameters outlined in the land development code. He directed the City Council to reconsider the case and follow the terms of his ruling.

"This clarifies the role of the ARC," said Scott McLaren, an attorney for Citivest. "All along we have argued exactly what the judge has decided. The appearance and style of a building should be decided by the Architectural Review Commission, not how tall it is."

Seth Nelson, an attorney working on behalf of the Hyde Park homeowners, isn't convinced.

"Size matters," he said. "The most important feature of the architecture of any building is the size. I'm not an architect, but when you describe a house, one of the things you always describe is its size. Oh, it's the big one on the corner. It's the little one in the middle of the block."

City Attorney David Smith agrees.

"Part of our initial argument was that height is one of the things you can consider when determining architectural issues," he said.

Nelson also worries how the ruling will affect the future of the historic district.

"Now anything in the historic district that is zoned to whatever, the footprint of the building can be to the envelope of what's allowed under zoning. It doesn't have to conform to historic guidelines. The only thing left for the architectural review commission to consider is architectural candy.

"The judge got it wrong. we're disappointed and we believe that the city should appeal."

Smith said he's reviewing the ruling and hasn't decided what step to take next. Options include letting the matter go back to the City Council, filing a request for reconsideration within 10 days and filing an appeal within 30 days. Smith said he'll review the issue as soon as possible with the City Council, which is on winter break until Jan. 5.

Several legal issues are pending, including claims that the city violated the developer's equal protection and due process rights, which could entitle Citivest to attorney's fees.

Janet Zink can be reached at 813 226-3401 or jzink@sptimes.com

[Last modified December 17, 2005, 01:00:13]