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Monroe County's Workforce Housing Task Force wants to raise the building height limit (unincorporated areas of the Keys) by two feet for "affordable" projects , but they fail to explain how a difference of two feet can make the projects "do-able", as two stories above parking fits within the current 35-foot limit.  The proposal is described in this August 28 Key West Citizen article:

Housing chair pitches height waiver

BY ANN HENSON

Citizen Staff

The county's affordable housing task force chairman ventured into a political minefield when he asked the County Commission if it would relax height limits on construction of affordable housing.

Height restrictions have been in place in unincorporated Monroe County since the 1980s and have been credited for saving the county from becoming another Miami, with huge high-rise buildings.

Two feet could mean the difference between building 69 or 140 homes for low- and very low-income residents from Key Largo to Key West, said Jerry Coleman, an attorney the county hired to address its affordable housing crisis.

"If we are going to do affordable housing in this county, some allowances have to be made," Coleman said.

The Carlisle Group, which plans to build affordable housing in several areas of the Keys, will lose state grant money if it cannot get a variance to construct buildings 37 feet high, 2 feet taller than is currently allowed, he said. The 2 feet would allow more units to be built.

Coleman said the Carlisle Group builds affordable housing with grant money that requires at least 50 units be constructed. Applications are due in January or February but there can be no contingencies on the property.

"Either you have things in place or you don't," Coleman said.

The height waiver also might help with construction of affordable housing above stores.

"What I am looking at in the future is building over the Kmarts, but you would have to put columns because they were not built to have additional floors," he added.

With commissioners Dixie Spehar and Glenn Patton in favor of easing the restrictions, Coleman needs one more vote to win approval. Mayor Sonny McCoy has advised Coleman to develop a rationale based on aesthetics if he wants to win over commissioners.

"You must predicate the exemption on something," McCoy said. "I created this whole thing when I was mayor of Key West. I took the tree canopy as a determining height; if you are arbitrary you will get a fight just for the sake of the fight.

"Predicate it on something that has aesthetic concerns, not economic concerns," McCoy said.

Key West voters will be asked to ease height restrictions for affordable housing during the Sept. 5 primary election. The binding referendum question asks voters to allow the City Commission to make variances to its height restrictions, which range from 25 feet to 40 feet depending on the zoning district, without having to ask voters first.

Coleman said Marathon was going to allow exemptions, although Fred Gross, the city's planning director, said there were no plans to waive the city's 37-foot height limit.

Spehar said the County Commission should allow the variance, but Commissioner George Neugent said the commission must be careful about such decisions.

"If you want my approval, bring something with strong teeth and justification to do so," he said.

Neugent said it is not necessary to go above the current height limit and that Coleman is inviting "the biggest war and putting affordable housing at risk by doing this. I see ongoing litigation, challenges at [the state] level and in the courts."

Coleman said when dealing with affordable housing, the county needs to make the most of the land available by giving density bonuses, height allowances and public subsidies.

"These are tools for making affordable housing happen," he said.

Spehar argued the height allowance would be used for "mom and pop" businesses to put a second or third floor above their stores.

"I strongly support the 2 feet," she said. "It also is a gabled roof instead of a flat top."

Patton said a height of 37 feet was not unreasonable. "We have condos greater than 35 feet," he said.

ahenson@keysnews.com

(Note: A correction was published the following day, noting that Jerry Coleman is legal counsel for the Task Force, not its chair.)

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