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Commission's reversal infuriates neighbors

Builders win an appeal, allowing homes on land jutting into the Little Manatee.

By ANDREW MEACHAM
Published December 15, 2006

A controversial development struck down in August found itself resurrected Tuesday by the Hillsborough County Commission, outraging neighbors who vigorously fought the plan.

Commissioners originally rejected a request by developer SWW Inc. to build 25 houses on a finger of land that juts into the Little Manatee River in an area known to neighbors as Mill Bayou.

The developer appealed that decision, promising to reduce the number of houses to 22 and enforce environmental protections through "groundbreaking" restrictions.

Nearby residents and other opponents are furious.

"It's ridiculous," said biologist Vivienne Handy of Wimauma. "They have just approved a development in the middle of the river."

Under the current agricultural zoning, the developer could have built just three houses on 16 acres. The county's comprehensive land-use plan envisions up to four homes an acre. SWW attorney Richard Davis called that a discrepancy.

"To perpetuate this land in this existing zoning is unfair and unreasonable," Davis said.

Hillsborough County's comprehensive plan prohibits removing trees within 100 feet of the Little Manatee River unless it is in the public's best interest.

After meeting with county staff, SWW proposed a compromise setback of 50 feet. The developer also will hand out educational materials explaining environmentally sensitive landscaping to residents.

SWW has also promised to relocate up to 20 gopher tortoises. Davis did not say where the tortoises would be moved and did not answer questions after the meeting.

Speaking for residents, Mariella Smith of Ruskin said that SWW had changed little since August, when the commission rejected the request 5-2.

"We are naturally as opposed to 22 units as we were to 25," Smith said.

A commission with three new members disagreed unanimously. Commissioners Brian Blair and Jim Norman, who originally denied the zoning request, voted to support the developer on appeal.

Blair said that concessions by SWW led to his reversed vote.

"All the other board members, including myself, felt that this use was reasonable," Blair said.

Since the relief process that lets developers appeal denials of zoning decisions was created in the mid 1990s, the County Commission has heard about 20 appeals and overturned half of them, said Paula Harvey, the county's zoning administrator.

"This sets a terrible precedent," said Trey Smith, Mariella Smith's husband. "If they can approve this, they will approve anything."

Andrew Meacham can be reached at 661-2431 or ameacham@sptimes.com.

[Last modified December 14, 2006, 07:29:11]