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Article Courtesy of The Naples Daily News
By Joseph Cranney
Published June 2, 2016
Two downtown Naples property owners fighting the city
over a Fifth Avenue South condominium project have withdrawn their lawsuit
and filed a new claim against the project, arguing the city issued a permit
that violates building design codes.
The lawsuit filed by Joan Fiore and Bob Martin seeks a permanent injunction
against local developer Phil McCabe's project on the 400 block of Fifth
Avenue South. The lawsuit claims the city issued McCabe a permit that allows
for the erection of a mixed-use project that will violate the city charter.
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The lawsuit was a
separate action from the action Fiore and Martin filed in
December, appealing the council's approval of McCabe's
project last fall. Fiore and Martin withdrew that petition
last week after the city argued the petitioners didn't have
standing.
The building department issued McCabe a permit earlier this
month to demolish his old building, which included several
restaurants and office space. In its place, McCabe got City
Council approval to construct a three-story project above a
level of underground parking. Fiore and Martin argue the
project doesn't adhere to charter provisions on building
height and building intensity.
"The building permit allows for a building that exceeds the
building height and the number of floors allowed in a
commercial zoning district as limited by the Naples
Charter," the lawsuit claims.
The new lawsuit will allow a Collier judge to consider the
issue on its merits, Fiore said.
"I'm not anti-development," Fiore said. "I think they should
follow our current zoning and ordinance and regulations.
Their requests are egregious." |
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Pedestrians pass a building near the corner of Fifth
Avenue South and Fifth Street South as demolition begins on the
building on Wednesday, May 11, 2016, in Naples. Demolition work
began Wednesday morning in preparation for demolition of the
building to be replaced by a planned 3-story commercial and
residential structure by local businessman Phil McCabe.
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Efforts to reach City Attorney Bob Pritt for comment
Tuesday failed. John Passidomo, McCabe's attorney, declined to comment.
Passidomo and the city have argued the charter doesn't prohibit McCabe's
building plans.
Fiore and Martin, who both live within a few blocks of the Fifth Avenue
district, argue McCabe's development will cause a drop in their property
values.
"As a result of the increase in density due to the nonconforming building
height, number of floors for the building, placement of a parking garage and
number of residential units allowed in the building, plaintiffs residential
properties' values will be affected negatively," the lawsuit claims.
McCabe's plans for 11 condominium units on his half-acre property violates a
downtown zoning rule that should limit the project to eight units per acre,
the lawsuit claims.
"The permit … allows for the erection of a building with a parking garage
and with residential units that will have a density that will exceed eight
units per acre," which violates the Fifth Avenue Special Overlay District,
the lawsuit claims.
But before the vote on McCabe's project, the council in February 2015 voted
to change the rules that govern downtown building designs. The amendment
adopted by the council added language to say that building density should be
restricted by the number of parking spaces.
Fiore filed a separate lawsuit in March arguing the council voted on the
amendment without properly notifying the public first. That lawsuit is still
pending.
"In the end, I just want to keep Naples beautiful and we can ensure all the
developers are playing by the rules," Fiore said.
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