The Palm Beach Post

Court rejects eight-story hotel

- Tony Doris

In a blow to city efforts to allow an eight-story Palm Harbor Marina hotel downtown, an appellate court this week sided with neighborin­g Waterview Towers condo owners’ contention that property restrictio­ns limiting the site to four stories were valid and enforceabl­e.

The effort marked the second time in two months that a city plan to allow a waterfront building more than double existing height limits has been shot down. In September the City Commission, by a one-vote margin, rejected a rezoning plan that would have allowed Related Cos. to build a 25-story office tower in a five-story zone on South Flagler Drive.

“This case is yet another example of the city ignoring the limitation­s on the developmen­t of property, as well as the input from the neighborin­g property owners, in an attempt to allow a developer to build a project which would otherwise not be permitted,” said John Eubanks, who with Robert Hauser represente­d the Waterview.

The Waterview has been fighting the hotel plan for three years. At issue before the 4th District Court of Appeal was whether the condo could enforce developmen­t restrictio­ns in the condo documents that govern both the condo and hotel sites, which are on land under long-term lease from the city.

Developer Leisure Resorts, LLC, an affiliate of the megayacht marina operator, planned to build on the commercial property just south of the 23-story condo tower. Plans called for a 107-room hotel that would rise eight stories, as high as 93 feet, in a 120,000-square-foot building.

But the Waterview argued that the land lease and condo documents, which date to 1979, limit the site to a building of no more than four stories and 20,000 square feet and limit what percentage of the condo tower’s waterfront view can be blocked.

A circuit court ruled that the condo didn’t have standing to enforce restrictio­ns on the commercial site but the three-member appellate court panel disagreed, with Judge Cory Ciklin dissenting.

“In the dissent, at least one of the three judges agreed with the city’s position,” West Palm Beach spokeswoma­n Kathleen Walter said Friday. “The city intends to pursue all legal remedies available.”

Cheryl Chase, a principal of Leisure Resorts, declined comment because of ongoing litigation.

 ?? CONTRIBUTE­D ?? The 4th District Court of Appeal rejected a proposed hotel on the site of the Palm Harbor Marina on the West Palm waterfront because it exceeded the fourstory limit on the land lease.
CONTRIBUTE­D The 4th District Court of Appeal rejected a proposed hotel on the site of the Palm Harbor Marina on the West Palm waterfront because it exceeded the fourstory limit on the land lease.
 ?? CONTRIBUTE­D ?? In September the City Commission rejected Related Cos. plan to build a 25-story tower in a five-story zone.
CONTRIBUTE­D In September the City Commission rejected Related Cos. plan to build a 25-story tower in a five-story zone.
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