The city of Holmes Beach gained the offensive in a court case seeking a building permit to expand a duplex under construction at 306 Clark Drive.
But the victory only limits the plaintiff from gaining an immediate judgment without a hearing on the merits.
The Shawn Kaleta-managed company overseeing construction of 306 Clark LLC filed a writ of mandamus seeking declaratory judgment and injunctive relief for a revised permit for a fourth bathroom in both units of the duplex.
The 12th Judicial Circuit Court ruled that Kaleta’s LLC was “not entitled to a writ… compelling the city to issue a revised permit.”
The city building officially initially denied the revision for a fourth bedroom, saying the bathroom, adjoining the dining room, could become a bedroom suite.
Attorney Jim Dye of the Bradenton firm, Dye, Deitrich, Petruff & St. Paul, represented the city and building official Jim McGuinness.
The city maintains the revised permit would violate the city’s moratorium ordinance, approved Feb. 10, limiting bedrooms — or rooms that can be made into bedrooms — to no more than four, according to Dye.
Judge Gilbert A. Smith Jr. stated in his order that Kaleta could continue to seek declaratory and injunctive relief, but he denied the writ of mandamus. The writ of mandamus would have required the city to issue the permit without “addressing the merits of the petitioner’s claims.”
In an Oct. 2 text message, Kaleta told The Islander the added bathroom was requested by the owner — who plans to live on one side of the duplex on completion.
“The dining room has no door and no closet and the window is the same as the windows in the living room,” he said. He indicated adding the bathroom on the first floor of living space was for the convenience of the owner and for tenants in the second unit.
— Staff report