PHOTO/ Pru Sowers

A special magistrate this week threw out all charges against White Street Station, a new food truck at the corner of White and Truman streets.

 

Magistrate dismisses charges against food truck

BY PRU SOWERS

NEWS WRITER

Permit disputes between city code officials and two new food trucks in Key West became a full-blown controversy this week when a special magistrate dismissed violation citations against one truck “with prejudice.”

Special magistrate J. Jefferson Overby threw out multiple alleged code infractions against White Street Station, a food truck at 1127 Truman Ave. owned by Michael Wilson. Overby criticized the city’s argument that the food truck is not a vehicle but an affixed structure that puts it under city code regulations. White Street Station, unlike mobile food trucks at Higgs Beach, remains at the corner of Truman and White streets and is not driven to its location every day.

However, Susan Cardenes, the attorney for White Street Station, argued that the actual truck has wheels, a legal license plate and registration issued by the state Department of Motor Vehicles. As such, it would not be subject to city code regulations applying to structures, she said.

“There is no city code upon which the city can cite which allows it to impose HARC (Historic Architecture Review Commission) regulations or building permit regulations on a vehicle,” she said. “It’s ludicrous. The city is making it up.”

Overby agreed, saying food trucks fall into a gray area that has not been regulated yet by the city. He also said it “is a stretch” for city attorneys to attempt to put food trucks under HARC jurisdiction, which applies primarily to the esthetics of structures in the Key West historic district.

“I’m really trying to understand how the city can say, under state law, it is not a vehicle yet the state of Florida has said it is, by issuing a tag and registration. I think the city is making a huge stretch here,” Overby said. “I’ve been doing this a lot and I can say I have never had a case like this.”

The city had contended White Street Station was an affixed structure, not a vehicle, because it was connected to the city sewer and water systems and had permanent electrical connections. The specific alleged violations included adding commercial storage and an outdoor sales area without city approval, and installing electrical, plumbing and sewer connections without applying for and receiving the required city permits.

However, owner Michael Wilson, who also owns Michaels Restaurant, 523 Margaret St., said that while the food truck may have been hooked into the sewer and water systems before he purchased it, it is not now. Water is provided through a hose from the gas station property it is adjacent to, he said, and propane gas for the grill comes from an above-ground propane tank. No public restrooms are offered at the location.

“Everything is what you would call quick release. It’s not a permanent structure. We can unplug it and unhook it and drive away,” he said.

The city vowed to appeal Overby’s decision. Assistant City Attorney Ron Ramsingh said at a HARC meeting the next day that the appeal will be filed soon.

“Although the special magistrate regrettably ruled the way he did yesterday, it is our full intent to appeal that decision. We feel very strongly in our position on that,” he said.

Ramsingh was appearing at a HARC hearing for Yebo Island Grille, 629 Duval St., which is the second food truck that has been cited for multiple code violations. HARC commissioners voted 4-1 to deny approval of the Yebo food trailer for esthetic reasons, choosing not to get in the middle of the regulatory controversy. The other part of the Yebo application, for a two-phased construction of a restaurant on the location with the food truck as the kitchen, was approved.

Yebo Island Grille is scheduled to appear before Special Magistrate Overby on May 28 for a hearing on the code violations filed by the city. However, if an appeal of the White Street Station decision is filed, it is likely that hearing will be postponed.

Meanwhile, in a separate action on April 17, the Key West Planning Board voted to postpone a request from the city that it impose a six-month moratorium on new permit applications from food truck vendors. City officials asked for the moratorium to give planners time to write proposed codes regulating the proliferation of the food service trucks. Planning board members said they wanted to see how Overby would rule before making their decision.

 

 

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