Island Reporter It Mandates That Insurance Compa- Tallahassee, and Also Disclosed an Freshman State Rep

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Island Reporter It Mandates That Insurance Compa- Tallahassee, and Also Disclosed an Freshman State Rep NOVEMBER 26, 1993 VOLUME 22 NUMBER 48 island 3 SECTIONS, 44 PAGES REP R MVA, FLORIDA Mellow, yellow and wild Heron house still in limbo Commission deadlocks on disabled owner's request for variance By Ralf Kircher StaJfWriter The Sanibel Planning Commission dead- locked on a decision to grant a variance allow- ing an addition on the White Heron House Tuesday. Changes to the Clam Bayou Lane house, which is listed on the City Register of Historic Landmarks, must adhere to strict federal guide- lines and must be reviewed by the city's historic preservation committee and the planning com- mission. The owner of the White Heron House, Sally Butz Stringfellow, has sought permits for over six months to add a garage, storage area and golf cart shelter to the structure in place of an existing open-air carport. Stringfellow, who is disabled and needs a golf cart to move about •please see page 2A Mistakes jeopardize Tarpon Bay weir money By Ralf Kircher . Protection (DEP) hearings. According to Mills, copy of the contract. Staff Writer the hearings will take place in Fort Myers, and "I'm assuming it's a very big mistake some- For more than a year, a contract misidentify- not in Tallahassee, as announced by Pritt. body's made," Smith said. ing the Tarpon Bay weir imperiled a $250,000 Regarding the contract, the mistake will have Chip Merriarn of the Fort Myers office of the grant to the city. no impact on its validity. "[The SFWMD] is in SFWMD takes responsibility for the error. He The weir listed and described in detail in an the process of correcting it," he said, explaining attributed the mistake to the weirs' similar April 1992 contract signed by former Mayor the SFWMD has always understood the grant names. Mike Miracle and an official from the South would go toward the Tarpon Bay weir. Although the weirs are similarly titled, the Florida Water Management District (SFWMD) is The grant would cover approximately half of controversy surrounding the Tarpon Bay weir is not the Tarpon Bay weir at all, but actually the the estimated $500,000 construction costs. evidence of their differences. Tarpon Bay Road weir. The misrepresentation was brought to light No one has objected to the Tarpon Bay Road "When the contract was originally drafted, the during recent meetings with Gulf Pines Property weir; it has not yet been budgeted and its pur- Tarpon Bay road weir was inadvertently insert- Owners Association members, according to pose is simply to control water levels on either ed," Assistant City Manager Bill Mills said. Mills. side of Tarpon Bay Road. This is not the only weir mistake the city is Most recently, Chet Smith, an ardent oppo- The Tarpon Bay weir, however, has produced facing. On at least two occasions. City Attorney nent of the Tarpon Bay Weir Project from the opposition since the SWMP called for raising the Robert Pritt has incorrectly stated the venue of time it was first proposed in 1989 in the Surface weir-related Department of Environmental Water Management Plan (SWMP), revealed a •please see page 2A Gays Insurance companies cancelling storm coverage By Max Friedersdorf insurance bill is important because the suDject with authorities in Special to the Island Reporter it mandates that insurance compa- Tallahassee, and also disclosed an Freshman state Rep. Greg Gay, nies offer replacement cost cover- additional 1 percent tax was being R-Cape Coral, reported to Sanibel age and a law and ordnance provi- discussed to raise funds to build constituents during a public forum sion which would provide payment more prisons in Florida. late Tuesday at the City Hall audi- for the expense of rebuilding under Gay also reported that he torium that insurance companies new code restrictions. intends to introduce legislation to will probably cancel from 100,000 Gay also discussed passage of encourage cities and counties in to 200,000 storm insurance poli- the new Juvenile Justice Bill which the state to convert their auto and cies in Florida due to the huge provides that juveniles with three truck fleets to compressed natural losses from Hurricane Andrew. felony convictions be remanded to gas as a way to improve the Representative Gay said the fig- adult jurisdiction if a fourth felony the environment, cut mainte- ure is down, however, from the involves the use of a gun. nance costs and lower fuel costs. original estimates of 800,000 can- Gay also lauded a provision that Councilman Kain also asked for celed policies due to the recently- gives judges the authority to assistance from Rep. Gay about enacted Property and Casualty impose 250 hours of community state requirements that Sanibel Insurance Bill passed by the State service on parents deemed not post its new marine speed laws. Legislature in the special session properly supervising their criminal Kain said the state requirements concluded about 10 days ago. children. were burdensome because of the The new legislation. Gay report- Rep. Greg Gay City Councilman Wally Kain costs and impeded marine traffic. ed, sets aside a portion of the pre- grading their threats to cancel questioned Gay about the possibili- Gay indicated he will take up the miums paid on a state catastrophic storm policies. ty of giving localities more flexibility matter with authorities in fund, avoiding federal taxes on the Gay said he expects the insur- on spending its allocation from the Tallahassee to see if a compromise amount which is available for state ance companies to cancel only 3 percent tourist tax. can be worked out. hurricane relief. about 10 percent of their policies, Kain said the city had been Another public forum questioner This additional state aid, Gay restricted in acquiring land with its wanted to know .if there were any but many of these will be along plans for a new veterans hospital explained, has resulted in the coastal areas. share of the tax. major insurance companies down- Gay also noted that the new Gay indicated he would explore •please see page 2A 2A • NOVEMBER 26, 1993 • ISLAND REPORTER -HERON efrom page 1A her property, has explained in numerous council and commission Portion of Addition Projecting appearances that periodic flooding Above Primary Angle of Light in her yard ruins golf carts parked in the carport. Three of the six commissioners present Tuesday objected to the proposed addition's height, proxim- ity to Clam Bayou Lane and loca- tion on the parcel. Commissioners Louise Johnson and Jim Krieger objected to the point of inferring Stringfellow should seek, or have sought, another house, more accommodating to her disabilities. "I think when people are buying their land on this island, they should take into consideration that they're buying what they see," Johnson said before moving to deny the variance. "I am sympathetic to Mrs. Stringfellow and her disability," said Krieger, who is disabled and drives an automobile with a handi- before because of my disability, but commission—before a development tion must violate angle-of-light capped parking permit. in much friendlier ways," permit is issued. standards to preserve the overall "We all are going to have disabili- Stringfellow said after the meeting. But, if a variance is required for lines of the main structure and to ties," Krieger continued, "and as we Votes tallied 3-3 after 1 1/2 an addition, it must be obtained maintain continuity in the pitch of get older we are not going to sur- hours of debate. Commissioners before receiving a certificate of the roofs. vive as long as the houses we live Johnson, Krieger and James Levy appropriateness. The process can When asked if the design or loca- in are going to survive. And my voted to deny the variance, while become, Commissioner Johnson tion could be changed, Murty, who feeling is that when one's disabili- Commissioners Klaudt, Bob admitted Tuesday, "a Catch-22 sit- had overseen changes made since ties are such that it requires vari- Davison and Jim Hermes voted for uation." the historic preservation commit- ances to accommodate normal liv- the variance request. Stringfellow received a 5-3 tee's Nov. 17 decision, responded: ing that perhaps consideration Commissioner Dick Downes was approval for a certificate of appro- "We whittled this thing down, should be given not to changing a absent. priateness from the historic preser- moved it around, changed it in house in perpetuity, but perhaps to The tie automatically continues vation committee Nov. 17. But such a way that there are always change the accommodations for the the item for a re-hearing at the before commissioners tackle the other ways to do things. And sim- individual to better suit the prob- commission's next meeting, Dec. certificate of appropriateness, they ply to say, 'well, there's another lems that the individual has. 14. first must address the variance. way to do it,' without considering "We all have alternatives in The historical significance of the Specifically, Stringfellow's vari- whether it's better or not—we where we live, and this house is White Heron House has been the ance would allow for the addition would never be entitled to a vari- going to live far beyond you, Mrs. subject of recent debate in plan- to sit closer to the road than set- ance under that philosophy. Stringfellow, and myself, I'm sure. ning commission, city council and back laws allow and stand taller There are other ways to do it, And my concern is that while your historic preservation committee than "angle-of-light" language in but they're not as good." disability makes a lot of these meetings.
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