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Neighbors of the proposed Watermark project at the Jabours site have filed an appeal to the project's recent HARC approval.  From the October 12 Key West Citizen:

Residents appeal condo approval

BY TIMOTHY O'HARA

Citizen Staff

KEY WEST— Two downtown residents have challenged a city board's approval of a Key West Bight condominium project that has pitted neighbors against developers.

Residents and a development group called the Caroline Street Partners have battled for months over a project called Watermark, made up of 26 luxury condominiums that critics say will change the skyline of historic downtown.

The Historical Architectural Review Commission voted 3-2 last month to approve the Watermark condominiums, which people can buy and rent out to tourists on a short-term basis. Plans for the Watermark call for a concierge, day spa and other upscale hotel amenities.

Bight residents Bill Barry and Gary Lichtenstein have filed separate appeals with the city. The appeals claim that the project is too massive in scale for the surrounding neighborhood of old, wooden frame houses, and the floor area ratio and height exceed HARC guidelines.

The appeals will go before city magistrate Jefferson Overby in a special hearing. The project, to be built on the site of Jabour's Trailer Court near Elizabeth and Caroline streets, is slated to go before the city Planning Board on Thursday. Some are requesting the board postpone a decision until the appeals are ruled on, Old Town resident Shirley Freeman said.

A group of residents met with the developers Thursday to work out a compromise. Residents asked for a redesign and offered suggestions to make the project look more like the Marquesa restaurant and inn, Sunset Key and Little Palm Island resorts, Freeman said. The developers declined to redesign.

Neighbors and developers have debated the size and height of the project for months. At several public meetings, residents showed up with a model of the project to show that the project is out of scale with the rest of the neighborhood. The developers have reduced the number of units, most recently from 33 to 26 units, but have increased the size of the units. The city initially approved 101 units on the site, but the state Department of Community Affairs, which regulates growth in Monroe County, would not approve more than 80.

"They have gone from 80 one-bedroom units to like 30 spacious three-bed units," Freeman said. "It isn't any smaller."

The project is 21/2 stories over parking, but residents say the half-story is larger than half the size of the floor below it, which violates land-use regulations. The two sides have battled about the pitch of the roof. Residents say the developers chose a roof that would allow them to get around height requirements. The developers are proposing a mansard roof, a shingled roof that covers the top story.

Mansard roofs were the peak of fashion in France between 1855 and 1875. It became popular at that particular point in history largely because of a tax designed to target rich property owners. The tax was based on the height of the building, since rich people lived in buildings with higher ceiling and with more stories than poor people. Height was measured from the lower edge of the roof. It didn't take long for builders and architects to figure out that they could save their clients money by disguising the top floor as an attic, according to a research paper written by a member of the Institute for the Northern Ontario Research and Development.

"The tax-evading mansard roof is perfect example of the way the property tax system can affect the behavior of builders and the look of cities," economics professor David Robinson said.

tohara@keysnews.com

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