Judge Rules Against Captiva Convention Hotel
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|—INDEX- furis & Leisure 5B At Larqe 5A Calendar 4B Classifieds 7Q Cfty&ide 11A Commentary SA Panther power Mother's Day Crossword 7<? Environment 3G Islanders shine Youngsters Pollrie Beat 2A Recreation SB on successful make plans for Remember When 4A Cypress Lake unit mom's holiday 5A 1961-1990 Still first on Sanibel and Captiva VOL. 29, NO. 19 TUESDAY, MAY 8, 1990 THREE SECTIONS, 44 PAGES 50 CENTS Captiva deputy's house dedicated By Steve Ruediger Islander staff writer A large number of Captiva residents, Lee County officials and sheriffs department officials were on hand Monday for the dedication of the sheriffs deputy's residence on Captiva. "I wish to thank everybody for giving me the opportunity to do this job up here," said Deputy Rory VanDeusen at the dedication ceremony. He and his wife, Joyce, and their seven-month-old son, Scott, plan to move in this Thursday. Also on hand for the dedication was Miriam Johnson, who had previously lived in the house with her late husband, Belton Johnson. She told the crowd that when she was preparing to move out she had hoped the house would not be destroyed and could be put to a good use. That is why she donated it to the Captiva Civic Association. "All this is in answer to a prayer," said Mrs. Johnson, 'The house meant so much to us." She said she was glad that a fine young couple were moving into it and "I hope they will be as happy and as blessed in this house as Belton and I were." The house was moved last year from its old location on Captiva Drive near 'Tween Waters to its new location Please see HOUSE, page 13A A number of officials participated in the ribbon cutting ceremony at the new deputy's house. Judge rules against Captiva convention hotel By Steve Ruediger Captiva Civic Association President Robert Kessler did occur." He also commented in the ruling that "it is Islander staff writer called Judge Mclver's ruling last week "good news to us." interesting" that a partnership which purchased the The proposal to build an 82-unit convention hotel on He added that "We are hoping by their getting shot down property in 1988 was complaining about improper notice Captiva was turned down across the board in a ruling on this, they'll forget the whole thing." to owners in 1978 and 1982. Wednesday, May 2 by Circuit Court Judge William The hearing on the hotel case was held before Judge In response to a Brandar argument that later general Mclver. Mclver in August 1989 and he promised at the end of that When Lee County denied zoning approval for the hotel hearing that he would issue a ruling by the end of Please see HOTEL, page 10A last year, developer Brandar Associates brought a lawsuit September. There was no explanation in the ruling of why against the county seeking to have the county decision it was delayed until last week. overturned on a number of counts. Mclver ruled in favor Brandar had sought in its arguments to try various legal Bridge vote today ! of the county on each count. paths to get the three residential units per acre limitation Sanibel voters will decide today, May 8, what's to owever, this does not directly affect the later county on Captiva declared invalid in regard to commercial happen with Lee County's proposal to replace the l of a three-story parking garage on the same land property. Sanibel bridge and causeway. nde Rosse lane. The Captiva Civic Association sued One argument had been that the county had failed to The vote today will determine the stance the city of the county over that approval. Currently, Lee County is follow proper procedures when mailing hearing notices to Sanibel will take regarding the eventual replacement of seeking to get Brandar Associates, instead of the county, residents in 1978 and 1982. Mclver said in his ruling that the bridge and causeway. declared the defendant in that suit. "the record contains extensive indicia that mailing notice The vote today is "Yes, I want the new ordinance," or "No, I don't want the new ordinance." The voter must decide whether or not to enact an Ordinance passes; builders play beat the clock ordinance that would restrict the scope of the Sanibel drawbridge replacement/prohibit removal of either of By Frances Adams at 35 feet above predevelopment grade; a 45-degree angle the two causeway islands, rescind support for Islander staff writer of light measured at 20 feet, exempting chimneys and application of federal funding and require independent Sanibel will be seeing a few more of those large homes making provision for certain dormers, projecting gables evaluation of repairs and actual need for replacement. popping up on small lots for several months to come, but and architectural features. The proposed setbacks were A "Yes" vote enacts a law that states Sanibel wants only because those development applications squeezed deleted, as was the 67-percent coverage of the principal restrictions placed on Lee County's bridge-replacement through the open door of Sanibel's old building standards structure's footprint. The existing setbacks will remain in process. before it was shut at 5 p.m. on May 1. The new standards force, as will existing coverage, clearance and developed A "No" vote gives Lee County the go-ahead for its actually were passed several hours later, after more than area standards. plans to replace the bridge and causeway. four hours of hammering out an ordinance that is, at best, No one in attendance at the May 1 adoption hearing was "All voters are urged to exercise their right somewhat more restrictive than the old one and is, satisfied with what was passed, including the councilmen. to vote on this important issue. according to consultant Dick Downes, "a beginning "If we're going to pass an ordinance, it should be the point." The polls will be open from 7 a.m. to 7 p.m. at Sanibel Community Center on Periwinkle Way. The adopted ordinance, as amended, sets building height Please seee CLOCK, page 10A < All the following information was taken directly the man's mother and she came to pick him up. CM from Sanibel Police Department reports. cc Watering violation tickets were issued Sunday, May 6 POLICE An alligator decided Saturday to sun itself in the parking m a to 931 South Yachtsman and 1187 Sandcastle. BEAT lot at the Ocean Reach Condo. Police were able to convince it to return to its pond. < Salvatore John Toscano of Fort Myers Beach, John A. CO Cline and a juvenile were arrested Monday morning, May A 7-foot-long alligator was removed Saturday from the Police received a complaint Saturday about an a> 7, shortly after midnight for grand theft auto and for Casa Ybel resort's pond. It had apparently been fed by overflowing septic tank in the back of the Tahitian loitering and prowling. Officer Brent Cada saw the three people and had become aggressive. So it will be killed. Garden's Shopping Center. Contact could not be made men standing at the front entrance to Huxter's Deli and with the management of the center and a further effort to was suspicious of why they were in front of the closed A 60 to 70 foot tall Australian pine fell down Saturday reach them was to be made Monday. business. It turned out the car they had was reported stolen across Pine Avenue on a section that is a private road. s on Saturday in Fort Myers. Sanibel Police Officer Janet Cali reported that the tree A new resident of Blue Crab Court cut back some of the a> blocked off access to about 12 homes and that Sanibel mangroves on his property on Saturday. He told police he cd Myles Brian Travers of Bronx, N.Y., was charged Public Works Director Don Schofield had said it was not knew it was illegal to kill them but had not been aware it > Saturday, May 5 with possession of marijuana, Sanibel policy to remove a tree from a private road. Cali Please see BEAT, page 12A possession of drug paraphernalia, obstruction of justice said residents were not able to remove the tree and that it CO and speeding. He was clocked by radar at 65 miles per should be removed from half the road so there would be hour on the Sanibel Causeway. After he was stopped, he access in an emergency. Assistant to the City Manager 1 said he did not have his license and allegedly gave police Bill Mills was contacted and directed that the tree be THE NEW CAPTIVA his brother's name as his own. When a check showed that removed from half the road. But when Cali passed that on his brother's license was suspended, he admitted he had to Schofield, the public works director replied that Mills given police a false name. Police said a marijuana did not have the authority to give such an order, according FUN SPOT cigarette was in plain view in his glovebox. While being to Cali. She next contacted Police Chief Richard Plager. searched at the Lee County Jail, a pouch was found in Eventually, according to Cali's report, Auxiliary Officer Travers' shorts. It contained a syringe, a measuring spoon, George Kxivas personally removed the tree from half the a razor blade and other items. roadway. •CfTD CfKDE GUI A watering violation was given Saturday to 670 North Police came across a man Saturday at the Sanibel Yachtsman.