Shawn Kaleta, builder and property manager, is asking a judge to take a second look at a prior decision not to compel the city of Holmes Beach to allow a fourth bathroom in both units of a 306 Clark Drive duplex.
In a Dec. 30, 2015, motion to reconsider, Kaleta attorney Aaron Thomas of the Namjy Thompson law firm argued his client didn’t get his day in court when 12th Judicial Circuit Judge Gilbert Smith Jr. cut short his client’s right to a 20-day response period.
“Simply put, the pleadings were not closed when the court entered its order,” Thomas wrote in his motion.
In October 2015, Smith denied Kaleta’s request to issue a court order compelling Holmes Beach building superintendent Jim McGuinness to issue the permit. If granted, McGuinness would have been compelled to approve the extra bathrooms.
According to Thomas, the ruling came 12 days after a brief submitted by the city brought up an affirmative defense that McGuinness’ rejection was discretionary and could not be addressed by the court order.
The city claimed Kaleta ran afoul of the then-moratorium prohibiting “four or more rooms that will be or can be used for bedrooms or sleeping areas” in July 2015 when the contractor added downstairs bathrooms with double sinks and showers to 306 Clark Drive without submitting revised plans.
According to a McGuinness’ affidavit, Kaleta’s Beach to Bay Construction submitted revised plans showing the additional bathrooms added as “unpermitted, unapproved work” adjacent to the dining area in each unit.
In the court document, McGuinness also stated “the proposed bath is intended to convert the area marked as a dining area into a bedroom” and his approval of such plans would be an “illegal act.”
The court accepted the facts in McGuiness’ affidavit as undisputed.
Jim Dye of the Bradenton firm, Dye, Deitrich, Petruff & St. Paul, representing McGuinness and the city, declined to say what action, if any, he would take.
Dye said court rules are “free form” relating to such a motion. He may respond or not, according to Dye.
“Historically, (motions for reconsideration) have a low chance of success,” he added.
In the same lawsuit, 306 Clark LLC filed additional claims for declaratory judgment and injunctive relief and, thus far, they have not gone forward.
Namjy’s office had no comment Jan. 20 on the litigation.
In October, Kaleta told The Islander the added bathrooms were requested by the owner, who plans to live on one side of the duplex.