If you're waiting to bite into one of those famous steaks at the Outback Steakhouse, scheduled to open in the Searstown Shopping Center in mid-December, you may have to wait a little longer. Work has been halted on the new restaurant after the owners of a competing shopping center appealed the issuance of Outback's building permit.
Lawyers for Tom Lewis, whose company— LPI/Key West Associates Ltd.— developed Overseas Market, just a few blocks down North Roosevelt Boulevard from Searstown, have accused the City's Building Dept. of illegally issuing a building permit to Outback Steakhouse on Oct. 26. Attorneys David Paul Horan and R. Bruce Wallace are arguing that Outback's renovations are so extensive that the cost exceeds 50 percent of the building's value— and, therefore, the City's Floodplain Management Codes now apply. The building now has to be elevated, Horan and Wallace say, as was done when Publix Supermarket was constructed next door.
"LPI/Key West Associates, as owner of Overseas Market . . . was required to expend in excess of $1.6 million to meet elevation standards in accordance with (City) ordinances," Horan and Wallace wrote in their appeal. "All applicants for construction permits in the City of Key West should be treated equally in the enforcement and administration of the ordinance of the City of Key West."
"The development of Overseas Market was all new construction," pointed out Attorney Jim Hendrick, who is representing Outback Steakhouse, "so all the ordinances concerning elevation of new construction above the floodplain applied to them.
"But the cost of Outback's renovations is well below the '50 percent rule', according to a certified appraisal of the property," Hendrick said.
But Horan and Wallace argued that they have been unable to get a copy of any appraisal, and they speculated that even if "such an appraisal actually exists, the value . . . is either grossly inflated and/or fraudulent."
Horan and Wallace further argued that "To allow (Outback Steakhouse) to proceed with the additional improvements and construction presently contemplated . . . would result in irreparable harm to LPI/Key West Associates and parties similarly situated who own comparable properties."
Lewis' company reportedly owns Friday's in the overseas Market.
Hendrick said he would ask the court to allow Outback to post a bond to enable construction to continue while the appeal is being resolved.
Brett Hull-Ryde, the managing partner of the new restaurant, said he is optimistic that he will be able to keep his planned timetable for opening.
"I certainly hope so," he said. "We have more than 80 new employees who are depending on us. Also, we've scheduled a grand opening charity event on Dec. 13. One hundred percent of our proceeds that night will go to Big Brothers/Big Sisters.