Okay. Let's see if we've got this straight. An out-of-town developer wants to open Aqua, a late night dance club at 903 Duval, where the old Viva Zapata Mexican restaurant used to be. But the neighbors don't want it. They're understandably concerned about late night noise, as well as about changing the character of the neighborhood. And the City Planner and the State Dept. of Community Affairs agree. Both oppose the project. And, in any event, the area isn't even zoned for such a use.
So, what's the problem. The Planning Board turned it down, right? Wrong. For some reason, some members of the Planning Board are actually considering approving the project as a "conditional use"! We're not making this up.
But, so far, the members of the Planning Board haven't mustered up enough gumption to actually vote on the project— probably because the idea of approving it in the face of so much opposition is so outrageous on the face of it. After discussing the project at two meetings, the Board asked the neighbors and the developers to try to "mediate" their differences.
"What is there to mediate?" asked Ken Schultz, one of the neighbors. "Nightclubs are not allowed in that location without the approval of a special exception. Nobody wants it there except the developer. We can only wonder why any member of the Planning Board might be considering a vote that would change the character of our neighborhood."
Now, Attorney Susan Cardenas, the developer's lawyer, is apparently attempting to manage the mediation.
"She wants to decide who in the neighborhood can participate in the mediation," Schultz said. "And she apparently wants to pick the mediator and set the rules. We don't want any part of that."
You remember Attorney Cardenas, don't you? She was president of the Key West Art & Historical Society (KWAHS) during the scandal last year involving the bizarre firing of longtime Assistant Director Joe Pais. Her handling of that incident made the KWAHS a local laughing stock for months.
Cardenas was also the attorney for Eden House in the eviction of the popular restaurant, Caribe Soul. After we reported that she had sued the restaurant based on another restaurant's lease, she didn't deny what she had done— but she was able to convince Judge Susan Vernon and the Florida Bar that "it was only a typo."
Let's all watch and see if she's learned any new dance steps.
Here's the bottom line: The City's Land Development Regulations (LDRs)— the zoning law— characterize the "Duval Street oceanside corridor from Petronia Street south to United Street" as a "center for arts, crafts, gifts, designer goods, restaurants and tourist accommodations." Nightclubs are prohibited in this district.
So therefore, the following question is seriously begged: Is there a compelling reason why an exception to the LDRs should even be considered, much less approved? If so, what is it?
We understand why the developer wants an exception— the potential for profit. Cardenas' motivation is a fat fee. But why is that in the public interest? Why should the Planning Board even be considering granting an exception to existing zoning regulations just so the developer and her attorney can profit at the expense of the neighbors?
We think that the Planning Board's decision to delay a vote by asking the two parties to mediate was a cop out. It also may be a trick. Why should the neighbors be pushed to negotiate for what is already theirs?! It's against the law to put a nightclub in that district! What part of that does any member of the Planning Board not understand?
If there's any question about what can happen when a conditional use is granted near a residential area, one only has to recall how the Bourbon Street Bar's super-loud "party patio" evolved.
Back in 1998, a building permit was approved for the construction of a laundry and storage room, a small wooden deck and a little tiki bar for the guest house behind the bar. Suddenly, that grew into a major party venue for the bar, much to the consternation of the neighbors in the small residential compound next door.
Code Enforcement Director Tom Forbes accused the developers of falsifying their building permit and City Attorney Bob Tischenkel threatened to sue.
The developer countered by hiring two high-juice lawyers: Michael Halpern and Jim Hendrick. And the rest is history. Forbes was reportedly forced to resign. And Tischenkel backed out of the case like Michael Jackson doing the moon walk.
Can you guess who Attorney Cardenas has picked to be the mediator in the Aqua case? Would you believe Jim Hendrick. Go figure.
Stay tuned. We'll watch this one for you.