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New Lawsuit Challenges Land Use Plan

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New Lawsuit Challenges Land Use Plan SAN I BEL — CAPTIVA Serving the Islands since 1961 Vol. 17, No. 7 Tuesday, February 15 1977 ;1 section — ] Q cents New lawsuit challenges land use plan The density limits imposed on group claims is "unreasonable, voted unanimously to deny the request residential density for the Island is Sanibel Island by the city's com- inappropriate and incomplete," and because of density reasons and because based on a "political decision," rather prehensive land use plan have come thus "unenforcable" and "not bin- some of the proposed construction was than on sound planning criteria. under fire from a lawsuit filed last ding." to have taken place seaward of the "This appears to be the first direct Monday in Lee County Circuit Court by Labelling the plan "unrealistic and city's coastal construction setback line, attack on a substantive area of the the Pelican's Roost condominium arbitrary," the suit alleges that certain which had not been officially adopted plan, particularly the density developers, a non-profit Ohio cor- policy decisions in Sanibel's planning at that time. element," City Attorney Bowen *said. poration. process were made by city planning At one point, the council proposed a last week. According to City Attorney Neal consultants Wallace, Roberts, McHarg density compromise for the project of "I believe that the plaintiff in this Bowen, the Pelican's Roost suit ap- and Todd of Philadelphia outside of 21 units, but Pelican's Roost rejected case (Pelican's Roost) will have a pears to be one of a Mnd in the history properly noticed public meetings, the proposed compromise as being heavy burden of proof to prove the of the city's ongoing legal efforts to violating the requirements of the economically infeasible. density allocations in the plan defend the land use plan from the at- State's Sunshine Law. The developers also claim that the unreasonable," he continued. "If they tacks of frustrated Island developers. The action, in which Pelican's Roost council's vote to deny their request was want to pursue that theory, they may While the majority of lawsuits filed is represented by Sanibel attorney not taken in their presence and thus have a difficult time of it; in my against the city in the past year have Richard Brodeur, contends that the was "illegal, improper and void," and opinion," he said. requested simply a judicial waiver of group did not receive a complete that the council arbitrarily terminated theplaa's provisions as they apply to a hearing from the city on their petition the hearing before thegroup could fully Bowen said that he intends to single developer's property, the new for city permission to construct 46 present their case. This, they feel, recommend to the council that the city suit filed by Pelican's Roost challenges condominium units at a Gulf-front site "resulted in a denial of due process... retain the Chicago law firm of Ross, the togisties of the plan itself and in the area of Donas Street south of based on the arbitrary and Hardies, Babcoek and O'Keefe to assist requests that the court enjoin the city Tulipa Way, Their petition was filed on unreasonable acts of the city;" with the city's defense of the plan. The from enforcing the plan until "com- October 15,1975, under the relief from The suit also requests a court firm has been retained as special legal plete and reasonable data to support the respite procedures which were in determination of the "transitional counsel to the city in other plan- the allocation of dwelling units" is effect on Sanibel during the pre-plan status" of the development on the basis oriented cases over much of the past • presented by city planners. building moratorium imposed by the of vested rights, and requests the same year. city council. In six detailed counts, the lawsuit consideration which the city has shown According to Bowen, the city must charges the city <»uncil and city The request was heard by the council to other transitional cases in recent file a response to the complaints of planners with a violation of the Florida on four separate occasions between months. Pelican's Roost by February 27. Sunshine law in their preparation of December, 1975 and February, 1976. Another complaint lodged by the Circuit Judge Jack Schoonover has the city's land use plan, which the According to city records, the council group is that the city's allocation of been assigned to the case. The Live Shelling report IT """'U" L'% C NWB?1 hSS rCC"mmcnd"ed r<""1 *«**> * 'g^anl, greedy people ioSding b k and 8taDd iMUe bUckets with hundreds of shells b a8 ete 2of shell?» s ^becaus1 e Tof "thTe man^ y instance " **s daring 'storms." »™ ™*" »P * winter On July 15, 1976, the Sanibel (Sty widespread collection of live shell expert data available to support or with the city's endorsement. The Council conducted a well-attended specimens by ^discriminate shelters negate either side of the argument. At purpose of the committee was to public hearing on their proposal to on Island beaches might be harmful to that time, the proposal to enact a ban contact agencies which might be in- enact an ordinance prohibiting the the offshore populations of moflusks, on live shelling in the city was tabled duced to perform a definitive, scientific taking of live shells in the waters the marine organisms which produce indefinitely, pending an e^ert survey study of the state of the shell surrou&diBg the city. fee shells for which Sanibel and Cap- to be done of the problem with any populations in the waters surrounding With shells and shelling being fera are internationally famous. funds other than city revenues. Sanibel, so as to provide factual in- perhaps the foremost of SanibePs Feelings ran bi#i on both sides of the In the weeks that followed the formation upon which the city might natural resources and one of the controversy last summer, with the hearing, the Sanibel Community base long term policies. mainstays of the Island's thriving council deciding ultimately that the Association volunteered to step in and The committee, comprised of George tourist economy, there were some in Issue was a bugaboo for the time being, attempt to fill the data gap by creating the city who were apprehensive lest the simply because there was no hard, an ad hoc Committee on live Shelling more on page 14 Tuesday. February 15.1ST" The ISLANDER SANIBEL-CAPTfVA ISLANDER In your opinion . Established 1961 Why do you read the newspaper Editor Virginia N. Brown Advertising Director Bill Burdette and what do you read fir si? - ADVERTISING - Display advertising rates_on request. Classified advertising: SI.00 minimum per insertion for up to and including 10 words; five cents per word thereafter. -WHERE TO CALL- News items plus general information ... 4721881,472-1418 Classifieds T. 472-1881-472 1418-if no answer, 463-6792 Subscriptions 472 1881-472-1418-rf no answer, 549-0077 -DEADLINES- - Classifieds ancf SHORT news items- Friday, 10 a.m. Display advertising- Thursday 4p.m. — ADDRESSES — MAILING address: P.O. Box 3, Sanibel, FL. 33957 LOCATION of office: Suite 7, Woodbridqe Offices, 1517 Periwinkle, Sanibe! (Directly behind t+ie7-TI.) Second class postage entered and paid at Fort Myers Beach, FL;.'3393t. "' ' •--,•••- -aiso- Tarof cards & Self "I read the frontpage headlines and then I "For entertainment — I usually look at the crystal bails help, occult go to the want ads. Basically, I'm interested horoscopes the first thing." metaphysical in the headline news." -- Anne Boland Zlramis urine & astrological Monte Hamilton Captiva Island books o Fort Myers . Books specialty .4.81-3151 6O77A MCGREGOR BOULEVARD FEWETT CENTER FORT MYERS, FLORIDA 339O3 "A SHELL COLLECTOR'S PARADISE" TWO LOCATIONS OPEN • t@i7 ~"To keep myself informed locally and "I read the paper to stay informed. I AY nationwide. I read the current news first." WAT follow local news fairly closely." Beatrice Shelpark Scott Natimann |» P.O. BOX 54 472-1121 Sanibel Island Sanibel Island Washington Birthday Special TOWELS for the home, beach, golf & tennis Tahifian Garden "I look for the fishing reports so I know "Because it gives more in-depth news than what's happening where, and when the television does. As far as what I read first, I Decora five inferior weather is good, I can get out and have a always start with the back page and read Accents good time on the weekend." towards the front." Pat Lovetro Miki Montgomery Watt decor - metal Sanibel Island Sanibel Island A sculpture, mirrors M & shell art Beautiful capsz iamps- over 30 styles at the SANiBEL lowest prices In ihe U.S. STANDARD Sheft Fiorai Centerpi&ces A stunning accents for Atlas Air Conditioning any mom Service RESIDENTIAL & COMMERCIAL Tune ups N Baskets Quaker Stofe Pennzoil LANDSCAPING ASK ABOUT OUR PACKAGE DEAL" 6 Sophisticated rattan furniture Front End Alignment Sun. 10 am - 5 pm Doily 7 to 6, except open 'till 9 pm TRACTOR GRADING Tahifian Garden Jim Anholt, Prop. REMOVING AND REPLACING ANY TYPc OF SOD A FILL DiRT Periwinkle Way REPAIRS AND SERVICE HOME FURNISHINGS 10-5 Mon. -Sat. The ISLANDER Tuesday, February 15,1977 Housing Committee hears experts and plans survey A recently formed ad hoc city Committee Vice-mayor Zee Butler, chairman of the coming to the informal conclusion that their' like to live cheaply on Sanibel.'' on Housing met for its second time last committee, pointed out that the city council work should be geared toward providing Tuesday to, continue working up a would probably consider the idea only as a housing only to those young working people The committeemen decided to do in- questionnaire to be used in surveying the last resort, in that granting such density or older residents on fixed incomes who live dividual revision work on the draft current demand for low and middle income increases would require the city to initiate and work on the Island at the present time.
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