Seagrove Villas Commercial, again

[idlewind]

If this is your position, then logically you must oppose all zoning laws. This property was not commercial for 50 years, because we have not had zoning in this county for 50 years. (Technically, it's not "zoning," it's land use designations, a sort of hybrid form of zoning.) If you take the position that any use that predates zoning should remain that way forever, then you can really never have effective zoning except for vacant parcels, and even then some of the owners of the vacant parcels would complain they weren't getting the same benefits as owners of already developed property, depending on how they wanted to develop their property.
The proposed plans for this site are way more than "updating and upscaling." Furthermore, the code (which is the law) prohibits enlargement of a non-conformity, which is what Seagrove Villas is, and there are other prohibitions as well as noted above by SJ. So that's why, because it's the law, as affirmed by the courts. I thought you believed in the rule of law?

I do not oppose zoning, I oppose using laws to take property rights long established. This property has been commercial as long as I can remember. To attempt to change reality by using a ordinance is a "taking" and is unconstitutional. Zoning should be used to codify reality and to promote like uses in the future.
I fully support the rule of law. I believe the ordinance takes an established right from the property owner and is therefore illegal.

 

[Lake View Too]

I am so confused by all of this, I see the signs that are counterintuitive to the posts that I read on this message board. Maybe sleep will help.


And another issue in the 'hood. What is going on at the faux Southern plantation facade to the north of Market Cafe that has a Hotel Viridian sign in front? How did I miss the scoop on that? I mean, it went from gourmet grocer to church to bank to whatever. I dunno,

First of all, sleep might help, poor dear. On number two, the group that has been trying to get the Viridian Hotel going, have always owned the grocery/bank/church colonial facade. They simply moved their office from the old Seagrove Realty building into the upstairs of that building. Goodnite ??

 

[Smiling JOe]

two words would settle all of this ... Transect Planning

 

[NotDeadYet]

The Court decision dealt with the County's improperly approving the development of the Beach Club, not the fact that the property has been a commercial use for over 50 years.

No, you are wrong. The court decision dealt with whether or not the deed restrictions, or lack thereof, meant that something could be developed that conflicted with the code. The ruling made it clear that these lots are subject to the LDC and the Comp Plan. The judge said that a reading of the language on the deeds indicated no specific covenants or restrictions, and that the county misinterpreted this and departed from established legal principles.

 

[coondog]

When the comprehensive land use plan was last approved, the County neglected to include this parcel as commercial, even though it had, and has been used as commercial for over 50 years. It's called a scrivners error, which is what they are trying to correct, nothing sinister about it.

 

[Smiling JOe]

When the comprehensive land use plan was last approved, the County neglected to include this parcel as commercial, even though it had, and has been used as commercial for over 50 years. It's called a scrivners error, which is what they are trying to correct, nothing sinister about it.

So wrong. They didn't map it as commercial, because it sits smack dab in the middle of a residential neighborhood and was designed to be single family lots, not commercial, according to the plat, dated 1950. It is noted as a non-conforming use, which will revert back to the original intention of the use, four single-family residential lots. If there was an error or oversight, it was when they first built a motel on that sight. Of course, there were only a small number of people living here, then, so they didn't have to do things by the book. (they still fail to do so even today, as shown by this ridiculousness.)

My guess is that you work for the attorney representing the property, hoping to get a short list of everything to address in your presentation to the County.

 

[Jdarg]

two words would settle all of this ... Transect Planning

I just saw a funny but true quote by a friend on Facebook-

"Nothing says 1950's America like 30 miles of highway zoned for anything".

I am sure we can all think of many areas that fits this description!

 

[totally]

No, you are wrong. The court decision dealt with whether or not the deed restrictions, or lack thereof, meant that something could be developed that conflicted with the code. The ruling made it clear that these lots are subject to the LDC and the Comp Plan. The judge said that a reading of the language on the deeds indicated no specific covenants or restrictions, and that the county misinterpreted this and departed from established legal principles.

If I understand correctly, the court decision was based on the little known House Bill known as MRTA, which extinguishes covenents or deed restrictions which are older than 30 years. In this case, the land use category of Residential Preservation in the Land Development Code recognizes existing covenants or platted subdivisions which have been substantially built out, etc., but the MRTA act virtually takes precedence over this provision. Furthermore, one must look at the definition of 'Schrivenor's Error' as it pertains to land use. Also, land use cannot be changed by resolution, only by ordinance.

 

[MRBS]

Seagrove Villas - Experience

My husband and I spent a GLORIOUS week at Seagrove Villas recently, before the deluge. I was looking for a place within walking distance of the rest of our family. The main house, which our family has enjoyed renting since 1969, just can't hold us all anymore. Once I read here that The Villas had reopened, it was the obvious and delightful solution. Delightful because I always liked them, the view, the cool architecture of the cottages and their sunrooms, the family atmosphere, the rompable green grass, grills, hammocks and the pool (which the original owner kindly used to let me as a kiddie swim in when the Gulf had spinach in it). Obvious because they were only 50 walking steps from the rest of the family and because I feared this might be our last chance to stay there, from what I have read on this site.

Now I am going to preach to the choir. We loved it. It was perfect for our needs - old time Florida. Now, like a lot of people, I'm a fan of over the top luxury accomodations with all the bells and whistles when we can (rarely) afford it, but cottages at The Villas, as is, are way cool. I had a smile on my face and on the inside the whole time. No kidding! From what I have read here and researched, I think the Bank owns it or must have a forbearance agreement with the Nature Walk developer so that it will not foreclose. Somebody decided to spend some money to spruce up the place and get it running again. We thank you. Keep The Villas. Any other neighborhood would be lucky to have such a cool place. All destination neighborhoods need a place like this. Let your commissioners know that out of towners LOVE The Seagrove Villas. There are oodles of nice lookalike and feelalike places on 30A now, but this is a unique property.

Now, having said all that I sure hope this scrivener's error argument gets quashed and squashed. Zoning fights are hard and mind numbingly tedious and, as the plaintiffs in the initial round surely know, cost big bucks to win, and even to lose. I hope those in the local community who would like to see this kind of special place preserved and improved (as is) will have the time, energy and the opportunity to voice their opposition to this sorry argument at the September 22 meeting, and at all points thereafter. Do be sure and let us know what we might could do to help.

Is this matter on the 9/22 BCC agenda? Hmmmm???? I see that the Commission Minutes for the 8/11 meeting (where this resolution was introduced) are not yet posted (but those for the subsequent meeting are).

Missing Seagrove. :roll:

 

[miznotebook]

Seagrove Villas hearing postponed

For anyone who is following this issue, the hearing on it did not take place on at the Sept. 22 BCC meeting in DeFuniak as planned. Someone in the county legal department said staff were not able to get the required legal notice about the hearing placed in time. The hearing is now planned for Oct. 13 as part of that county commission regular meeting. The location is the South Walton Annex.