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Offer might resolve land dispute

Richard Doyle may drop litigation if the city allows him to turn his land into several parcels, his attorney says.

By LORRI HELFAND
Published January 8, 2006

LARGO - Eight months ago, Richard Doyle sued Largo after the city denied a land use change that could have permitted 24 townhomes on his property at Rosery Road and Lake Avenue.

Now, he might be ready to compromise.

On Dec. 20, his attorney, Brian Battaglia, faxed a letter to City Attorney Alan Zimmet describing a possible settlement. If city officials work with Doyle to replat his land into several parcels, Doyle might be willing to drop litigation and pay his own attorney fees and court costs, Battaglia wrote.

Zimmet said he needed more details from Battaglia before he could draft an agreement for City Commission approval.

With its current classification, Doyle's property at 1601 Rosery Road allows 12 homes. Currently, it has one 3,500-square-foot house, a stable and a botanical garden.

His suit had requested approval of the land use change, and an award of fees, costs and damages of at least $15,000.

The suit also claimed that Commissioner Mary Gray Black's actions had tainted the decision of other commissioners, who denied his request 5-0 at the April 5 commission meeting.

Black, who lives within 500 feet of Doyle's property, had made a motion to deny Doyle's request before asking the city attorney whether her comment was a conflict of interest. She abstained from the vote after Zimmet said he was concerned about her participation.

Doyle wouldn't comment on a possible settlement. But it would appear that he is relatively confident that he and the city can make a deal. Battaglia's letter was sent two days after Doyle held an auction to sell up to seven parcels on his 4.92-acre plot, which he bought for $1.3-million in 2004.

"I'm thrilled," said Adeline Roth, 75, who has lived in the neighborhood nearly 40 years. "But what we'd really like is for it to stay how it is."

Right now, she and her husband Jerry live next to a patch of grassy land on Doyle's property.

While several neighbors said they were happy that townhouses weren't going to be built there, others were upset at the prospect of more homes on a lot that currently has just one.

"It's been a peaceful neighborhood for 30-some years," said Joan McElroy, 79, who lives across the street. "It's depressing."

The Rev. Gary Rucker, pastor at Keene Terrace Baptist Church, said he bought a half-acre lot at Doyle's auction, contingent on the replatting of the property. Rucker, 58, lives near the church, which is around the corner from Doyle's land, and said he wanted to live in the same neighborhood when he retires.

"I'm thankful to get a place right where I live," said Rucker, whose new property will overlook the same lake as his current home.

Marianna Berdychowski, a neighbor who is interested in at least one other parcel, said her purchase would also be contingent on replatting.

Although Doyle had originally indicated that 24 homes could be built on his lot, it appears he now may want to limit development.

Roth said Doyle told her that agreements would require buyers to build homes of between 2,000 and 4,000 square feet on their property.

Rucker, a licensed architect, said his agreement had the same requirement. That condition meant there would likely be fewer homes on the 4.92 acres than the 2.5 units per acre currently allowed, he said.

Roth said she wasn't sure why Doyle made a specification that could limit development, but added, "I think he was just trying to protect the area."

Lorri Helfand can be reached at 445-4155 or at lorri@sptimes.com

[Last modified January 8, 2006, 00:44:19]