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Date of Issue: December 16, 2009

Nally lawyers want Dye opinion letter

A law firm that previously has represented William and Barbara Nally of Spring Avenue, Anna Maria, has requested a copy of an opinion on parking made by city attorney Jim Dye prior to the commission’s Dec. 3 meeting on parking safety.

Attorney Jeremy Anderson, of the Sarasota law firm of Lobeck and Hanson, wrote to Anna Maria city clerk Alice Baird Dec. 9 requesting a copy of “the document prepared by Jim Dye for meeting held on December 3, 2009.”

Anderson did not indicate if he was acting on behalf of a client.

Anderson has represented the Nallys at commission and planning and zoning meetings on numerous occasions the past few years.

The Nallys, who own a home on Spring Avenue adjacent to the Sandbar Restaurant, have been outspoken opponents of the restaurant, which is owned by Ed Chiles. And Chiles is a principal in Pine Avenue Restoration LLC.

PAR and its Pine Avenue projects have been the target of debate over parking recently.

Commissioner Harry Stoltzfus has said the two ROR projects approved for PAR by the P&Z board violate city land-development regulations and the comprehensive plan and are unsafe. Dye has opined that PAR met all requirements of the city in its applications.

Stoltzfus has further claimed that PAR attempted to “beat the system” by submitting three site plans in November in anticipation that the commission will amend the parking ordinance, the site-plan review procedures, or both.

Dye’s opinion is that any site plan approved before the commission amends regulations or procedures does not have to follow the new rules, but any site plan being processed and not yet approved would have to follow any new requirements.

At the Dec. 3 meeting, Stoltzfus attempted to have Commission Chairman John Quam declare an emergency meeting to pass a moratorium pending changes to site-plan approvals and parking regulation changes, but Quam and Dye rejected the suggestion.

Anna Maria committee choices questioned

Anna Maria city commissioners at their Dec. 17 meeting are each going to nominate a member to an ad hoc committee that will examine parking safety and site-plan procedures in the city.

But some commissioners might not approve another’s choice.

Among those expected to be nominated are Mike Coleman, Gene Aubry, Larry Albert and former City Commissioner Tom Aposporos.

Coleman is a principal in Pine Avenue Restoration LLC, while Albert is a former chairman of the city’s capital improvements advisory committee. Aubry is an architect who has performed work for various contractors and builders in the city.

 Albert resigned from the CIAC in February 2009, indicating in his resignation letter that his view of the city appeared to be incompatible with that of the mayor and city commission.

Aposporos, a licensed real estate broker, is a former commissioner and chaired two charter view committees.

Commissioner Jo Ann Mattick, who challenged the actions of Commissioner Harry Stoltzfus at the Dec. 1 parking safety committee meeting he chaired, will not be present at the Dec. 17 meeting, but has submitted Aubry’s name for the ad hoc committee.

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