Are the Villa's still open at this time SJ?
I haven't been by to see. I somewhat predicted them to teat it down Wednesday morning, the day after the BCC meeting. They still have that other hurdle to jump, regarding not being able to rebuild after the structure's value is diminished by more than 50%, nor after the nonconforming business stops for a period of 6 months. It will have to be the quickest demo and build SoWal has seen of such magnitude. -- and it will have to be faster than the BCC has time to even make a decision regarding it. My guess is that they hope to get enough money tied into it that it will be difficult for the County to say no.
However, there is some precedence set by the Florida Fourth District Court of Appeal in West Palm Beach * in the case of Pinecrest Lakes Inc. v. Shidel, 795 So 2d 191 (2001), where Judge Gary M Farmer wrote, "if the rule of law requires land uses to meet specific standards, then allowing those who develop land to escape its requirements by spending a project out of compliance would make the standards of growth management of little real consequence." In this case, a trial judge had ordered the demolition of five buildings, costing the developer over $3,000,000 in construction and profits. Two of the five buildings were already occupied. Judge Farmer affirmed the order. Judge Farmer added, "It would allow developers such as this one to build in defiance of the limits, then escape compliance by making the cost of correction too high." (This might also apply to the temporary seawalls people built as permanant structures, here in WalCo)
I really think that NatureWalk may soon be in the hot seat regarding the Beach Club. Perhaps a smarter route would have been to have not offered condos, and simply made a small clubhouse with a few televisions, grill for food and bev, and a walkover for NatureWalk's owners and guests. Of course, that would be one heckuv an expensive property for a walkover. They could always try to sell it as four single family lots, and recoup close to their money invested. It will be interesting to see what happens.
*(source for case -- American Bar Association (ABA) Journal, July 2006)