BELLEAIR – Town Attorney David Ottinger informed city officials at the July 7 Town Commission meeting, “Notice of appeal in the Biltmore suit has not been filed within 30 days, the decision stands.” The citizen challenge to Belleair’s zoning variances had failed.
Now the only obstacle remaining to the Belleview Biltmore’s planned renovation resides with pending litigation over zoning restrictions at the Cabana Club on Sand Key. Neighbors there have filed a suit claiming the city exceeded its own limitations on commercial space by allowing the construction of an expanded Cabana Club as part of the proposed renovation/upgrade of the Belleview Biltmore Resort and Spa. Biltmore owners, Latitude Management Real Estate Investors, have indicated that the project will not proceed until all legal challenges have been settled.
Anticipating such a delay town officials proposed a change to the standing “sunset” provision limiting the period in which a contractor may apply for a building permit following a variance grant from six months to a year. The commission voted unanimously to interrupt the countdown clock in the event of any pending litigation; the clock not to start until resolution of the suit.
State law suggests that any construction which proceeds prior to an unfavorable legal determination in such cases must be undone at the applicant’s expense. LMREI officials have from the outset maintained that their plans were contingent on a financial model based on an all or nothing strategy, without which the financial success of the venture remained in doubt.
In other action, Commissioner Tom Shelly advised the commission that he had attended a meeting of Belleair Bluffs’ fire officials at which it was confirmed that Belleair Bluffs would put the question of turning control of its fire department over to Largo to a referendum. Last month Belleair voted to switch its contract for fire protection and EMS service from Belleair Bluffs to Largo.
After Belleair declined to renew the agreement Belleair Bluffs’ officials conceded the probability that loss of the contract, which represents roughly 45 percent of the community’s budget, might necessitate negotiating a separate contract with Largo to assume control of the town’s fire brigade.
Shelly reiterated what Largo Fire Chief Michael Wallace said during preliminary negotiations that none of Belleair Bluffs’ firefighters would lose their jobs in the process.
