Controversial Eaton Street house renovation moves ahead

BY PRU SOWERS

KONK LIFE STAFF WRITER

The latest in a long series of attempts to stop the renovation of a historic private residence at 616 Eaton St. has failed.

The Key West City Commission, acting as the city Board of Adjustment, voted 5-2 to deny an appeal of a building permit for the property filed by a group of neighbors adamantly against the renovation. While there is a separate appeal of the Historic Architectural Review Commission (HARC) approval of the project still to be heard, over the past year the neighbors have not been able to convince commissioners, a circuit court judge and the Key West Special Magistrate that the project should be halted.

Mark and Kristina Serbinski purchased the property, which includes a particularly large 19,000 square foot lot, in 2014 for $1.85 million. Renovation plans include restoring the historic house, building another 6,676-square-foot home behind it and adding a garage. The size of the proposed project has dismayed some neighbors, who complain that the large compound is not in keeping with the historic nature of other buildings in the area.

In the latest appeal, attorney Wayne LaRue Smith argued that the initial plans and architect’s rendering that were approved by HARC were not the same, more detailed building plans that were reviewed by the city building department, which then granted a permit to begin demolition and construction on the property. Smith outlined several alleged changes between the two sets of documents submitted by the Serbinskis’ contractors, including adding a door, a lower level landing and steps leading to the ground. Other changes not included in the original documents submitted to HARC included different window sizes and the addition of a second swimming pool, Smith said.

Smith pointed out that city land development regulations require that construction plans submitted to the city building department be “identical” to the plans reviewed by HARC.

“Again, visible from the public right of way, not approved by HARC, inconsistent with the requirement that the building permit plans be identical,” Smith said about the alleged plan changes.

But Key West Chief Building Official Ron Wampler said that the building permit process was followed correctly by his staff and that all the required sign-offs from other city departments, including water and electrical, were received. However, Wampler acknowledged that his staff relied on HARC staff to compare the two sets of project documents; the one originally approved by HARC on July 28, 2015, and the subsequent building permit documents – which included revised architect drawings dated March 15, 2016 – that were submitted to the building department.

“Well, HARC approved it,” Wampler said of the 2016 application for a building permit. “I rely on the different departments when we route these things for approval. I rely on that department’s expertise and the person performing that plan review.”

But Smith argued that what HARC approved was not the same plan that was granted the go-ahead from the building department.

“Unless there was an unnoticed, non-public meeting of HARC, which I’m certain didn’t happen, these changes were made subsequent to HARC approval and they’re not identical,” he said.

That was enough to convince City Commissioner Richard Payne that the appeal of the building permit should be granted, sending the permit back to Wampler’s team to review again. But he was unable to convince a majority of his colleagues. The vote was 2-5 to approve the appeal, with Commissioner Jimmy Weekley joining Payne.

“I personally don’t see they’ve done anything wrong,” said Mayor Craig Cates, who voted to let the demolition begin. “I think all the concerns, questions, the doubt has been answered by our chief building official. I personally don’t care for it [the project], it’s too large. But I can’t make my decision on [the fact] I don’t care for the building.”

Commissioners then voted 5-2 to uphold the building permit.

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