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VOL 16 No. 43
August 24, 2016
Tree house petition denied Tree house owners Lynn Tran and Richard Hazen have 30 days to appeal the ruling. BY PAT COPELAND SUN STAFF WRITER | pcopeland@amisun.com
HOLMES BEACH – Judge Don Hall issued his final order in the tree house case and found that the proposed ordinance regarding an initiative petition was prohibited under Florida law and could not be submitted to voters. The issue began in 2013 when Richard Hazen and Lynn Tran, owners of the tree house on the beach in front of Angelino’s Sea Lodge at 103 29th St., filed an initiative petition to allow voters to decide if the tree house is legal. The city alleged that the petition would be invalid under state law because the process is prohibited with regard to development orders. The city attorney requested a declaratory judgment, which was heard by Hall on July 15. At the hearing, City Attorney Jim Dye maintained that Florida Statute defines development permit, which is any order that permits the development of land, and it applies to the tree house. However, tree house attorney David Levin maintained that the prohibition in state law applies to a development order and that the tree house is an accessory structure.
Judge’s order
anna marie Hayden | submitted
Hall agreed with the city and the order stated: • The proposed initiative ordinance grants building rights the defendants would not otherwise have
The tree house on the beach in front of Angelino’s Sea Lodge has been the subject of continuing litigation since it was built. SEE tree house, PAGE 34
Planning board OKs franchise moratorium Discussion on a zoning change for Gloria Dei was continued to Sept. 7 due to an advertising error. BY PAT COPELAND SUN STAFF WRITER | pcopeland@amisun.com
HOLMES BEACH – Planning commissioners approved an ordinance establishing a moratorium on franchise businesses in the city as consistent with the comprehensive plan. City Attorney Jim Dye said the ordi-
INSIDE NEWS 4 OPINION 6 Sun survey 7 outdoors 22-23 obits, police reports 24 sports 27 real estate 30-35 crossword 36
nance was drafted June 14 by the city commission and is to be in effect for up to eight months. He said any business that started the process before that date can continue the process. “The moratorium gives the city an opportunity to study the issue and determine whether changes to its code are necessary,” he explained. He outlined goals and objectives in the comprehensive plan that he and City Planner Bill Brisson felt supported the ordinance. He said under Goal 1, the city will ensure the residential
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fruit offerings from Hometown Desserts on the Food Page. 21
Anna Maria Island, Florida
character of the city is maintained and protected and minimize the threats of incompatible land uses. “The comprehensive plan recognizes Holmes Beach as the commercial center of the Island,” Dye pointed out. He also cited Objectives 1.1 and 1.2 and Policy 1.3.2, and Vice Chair Chuck Stealey asked, “We’re just saying the moratorium is OK with the plan.” Dye responded, “That’s exactly right. We’re not weighing in on whether it is
The moratorium gives the city an opportunity to study the issue and determine whether changes to its code are necessary. Jim Dye Holmes Beach city attorney
SEE moratorim, PAGE 34
Center kids get busy building planters for a f all harvest. 14
Five suspects arrested in burglary at Galati Marine. 13
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