Neighbors retain lawyer to appeal 7-Eleven permit

Historic City News was informed today that Nelmar Terrace Neighborhood Association, the Neighborhood Council of St. Augustine, Inc., and seven individuals, have filed an appeal through their attorney to protest the issuance of a building permit by the City of St Augustine that would allow construction of a 7-Eleven convenience store that includes a 12-pump gas station.

7-Eleven applied for a permit in April to build the gas station on the corner of San Marco Avenue at the intersection of May Street; an evacuation route for SR-A1A residents on Vilano Beach, Surfside, North Beach and South Ponte Vedra Beach.

“We have identified a laundry list of specific design criteria that the proposed 7-Eleven wholly failed to meet, but more importantly, the project fails to meet the intent of the City’s Design Standards for Entry Corridors,” long-time resident Melinda Rakoncay told local news reporters.  “San Marco Avenue is one of the main entrances to the city and the proposed 7-Eleven plan just doesn’t fit with our historic heritage.”

Despite concerns about architectural compatibility, increased traffic and noise, the city ultimately issued a Building Permit on September 9, giving the neighbors 30 days to file an appeal.  The residents of the Nelmar Terrace neighborhood continued their fight by raising funds to hire local land use attorney, Jane West, to advise them and to represent them in the appeal.

A primary basis for the appeal was that the Ordinance 2014-004, banning service stations on San Marco Avenue, prohibits this 7-Eleven because the ordinance was pending prior to the application being filed.

“So long as the ordinance is pending when the application is made, there is no entitlement to a permit under Florida case law,” West informed the Associations and individuals bringing the appeal.

By way of background, Jane West, Esq. reported that she has won the following cases for her clients; mostly representing homeowners against developers:

• Sumter Citizens Against Irresponsible Development v. Department of Community Affairs and Pringle Homes (5th DCA 1999) – Successfully challenged a development of 500 homes in rural area on basis that development constituted “leap-frog” development (skipping over urban areas). Won on appeal.

• Friends of the Anclote River v. Wal-Mart and the City of Tarpon Springs. (2009) Represented a group of residents fighting Wal-Mart’s efforts to build big box store on banks of Anclote River. Brought Declaratory action and ultimately prevailed at city hearing.

• Sierra Club v. Lee County and Charlotte County (2007) Represented environmental organization fighting development of 93,000 acres in SW Florida. Successfully settled case by negotiating preservation of 75,000 acres and other terms including green building standards and wildlife corridors.

• West Gun Club Road Property Owners Association v. Palm Beach County (2010) Represented property owners association challenging adjacent residential development. Successfully settled case.

• Florida Coalition for Preservation v. Town of Briny Breezes (2008) Successfully represented group of concerned homeowners regarding the proposed acquisition of an entire town by a developer with plans to raze all the mobile homes and build a $500million yacht club/condo/resort complex on a barrier island with constrained hurricane evacuation routes.

• Pinecrest Lakes v. Karen Shidel (4th DCA 2001) Action to enjoin a developer from building a high density apartment complex, developer proceeded with construction anyway despite inconsistencies with the comp plan and ultimately was ordered by the court to bulldoze the buildings. (Environmental and Land Use Law Clinic case)