Vote gives developer a pass on restraints

By DAVID DECAMP, Times Staff Writer
Published October 24, 2007

Developer Joe Borda won the right Tuesday to build multifamily housing and a commercial business in Gulf Harbors without using many of today's development restraints, a decade after a similar fight over senior apartment towers there.

County Commissioner Jack Mariano sought a delay but received no support, leading to a 4-1 vote by the board.

The commission's ruling gives Borda "vested rights" to up to 350 housing units and 7,000 square feet of commercial space on three parcels in the Gulf Landings neighborhood.

Under Florida law, a developer can be protected from following new standards that would hurt a project if it was approved under older standards. Borda's Gulf Landings project began under different owners in 1958, before the county had development laws.

While Mariano questioned the bona fides of Borda's request, and residents complained about it, other members said they were bound by the law.

A similar designation by a county attorney in 1996 allowed Borda to build towers above height restrictions in a flood zone, sparking a neighborhood outcry that started again this month.

"We can't evacuate the people who are there now," resident Helen Kelley said.

Under the decision, Borda can avoid landscaping or environmental requirements if he can show they would cut back the project. But flood control requirements and current building codes would remain in effect for the project. He must also build no more than nine stories.

"We may be able to meet every one of them, and if we can, we will," said Jacob Varn, Borda's attorney.

[Last modified October 23, 2007, 22:27:45]