City to Graubard: 'We won't appeal'

City to Graubard: 'We won't appeal'

By PETER GUINTA
Staff Writer
Publication Date: 03/13/01

Beaten both in circuit court and on appeal, the city will not further challenge the right of St. Augustine bed-and-breakfast owner Robert Graubard to enlarge his bayfront inn.

The city's defeat means the door may open to daily rentals of bed-and-breakfast rooms and possibly even motels in HP-1 zoning, the Historic Preservation Zoning District, one of the city's oldest and most restrictive areas.

City Attorney Jim Wilson said Graubard wanted to connect two adjacent properties on Avenida Menendez, his Villa de Marin, an apartment building with monthly rentals, and the Westcott House, a bed-and-breakfast with daily rentals, creating one newer and larger bed-and-breakfast.

His plan includes adding an enclosed porch, a connecting walkway and improved dining facilities.

The Planning & Zoning Board recommended approval, but the City Commission turned Graubard down. Neighborhood residents cited the potential for more traffic, the increased turnover of daily rentals, a lack of parking and increased commercial intrusion.

Graubard sued, saying he had met all the conditions of a planned unit development, and that denial of his application was arbitrary, discriminatory and unreasonable.

The judge said only minor changes would be made to the exterior of the properties and that further renovations could be restricted. It also said other non-conforming uses of property ''abounded'' in the area. He quashed the denial.

City officials voted to appeal, and did so. But in January, the Fifth Circuit Court of Appeal denied its petition. Its only options were to appeal to the Florida Supreme Court or approve Graubard's application if submitted.

Wilson said the court ruling does not impose an order on the city. In other words, Graubard does not automatically get his development. He must apply again.

''This is unlikely to be accepted for further appeal by the Supreme Court,'' Wilson said. ''This is the final disposition of the case.''

City Commissioner Susan Burk asked what would happen if the city refused to comply, and Wilson replied that the court had contempt powers. ''There's very little we can do to avoid compliance in this case,'' he added.

One resident of the HP-1 district and a spokeswoman for the community, Hildegard Pacetti, bemoaned the court's ruling and said there are 95 privately owned structures in that district.

''This sets a bad precedent, and is not in the best interests of the city,'' Pacetti said. ''The court's decision is full of errors. I don't think the judges considered the implications.''

She said the community may be down, but isn't out. Any further applications for daily rental usage in HP-1 will be opposed by the district's residents, she said.

''We will fight vigorously,'' she said.


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