How big will the Wendler lawsuit be?

Historic City News reporters watched as the clock was running out on the City to respond to Scott and Donna Wendler’s claim that the City created an undue burden on them, however, city officials and commissioners are still not willing to allow the property owners to demolish the buildings necessary to build the 80-room boutique hotel on King Street that they envisioned.

Under the Bert J. Harris Jr. Private Property Protection Act, an owner of real property that is negatively affected directly by a governmental regulation or action; is eligible for compensation for their financial loss pursuant to the act, according to a Florida Attorney General Opinion letter.

City Attorney Ronald W. Brown introduced terms of an offer that were approved by the City Commission in their general meeting at City Hall last night.

The City will offer the Wendler’s offsite parking around the subject property and offer to exempt them from normal city requirements to provide onsite parking; using an established ratio of cars-to-square-feet of construction.

In a telephone conversation with Brown, he clarified for Historic City News and our readers that earlier reports indicating that “partial demolition” was approved are false. Although zoning is appropriate for the construction of a hotel in “mixed use” zoning along King Street, demolition of the existing structures – that would be necessary to build it – have not been approved.

Begining in 1998, the Wendlers have purchased seven deteriorating homes on King and Oveido streets. They applied for a planned development to aggregate those properties, demolish the homes and build a modern hotel. According to published reports, the Wendlers claim to have suffered roughly $30 million in losses and lost revenue and claim they’re stuck with properties too expensive to modernize. Also, the Wendlers claim that rents from the property, currently used as student apartments, do not cover the cost to maintain the buildings.

Despite public speakers who supported the Wendler’s right to construct the hotel on their property, members of the Flagler Model Land neighborhood have, so far, successfully lobbied commissioners to “preserve their neighborhood” and deny the demolition. Commissioner Leanna Freeman said, “Those residents are fighting desperately to preserve what little of the neighborhood they have left.”

City Commission Candidate Chuck Hennessey, who lost in the August Primary Election to preservationist Nancy Sikes-Kline, is a professional estimator, who works in planning and visioning for government projects. Hennessey told Historic City News this morning that he has seen this type of political lobbying before. “A municipality buckles to pressure from a few activists,” Hennessey said. “Instead of affecting a rezoning of the property, they simply refuse to allow legal rights to property owners under the current zoning. The neighborhood becomes emotional, even hysterical, but the fact is, it is not their property and the owners have the right to build on it.”

Hennessey says that fighting this case is a losing battle for the city that will “cost the taxpayers a lot of money”.

Others commented that they could not understand why the City kept fighting the Wendlers and seemed persuaded by the so-called “historical significance” of the decaying mixed-architecture buildings. Maria Christina Rivera of Vilano Beach said the Monson Motor Lodge on the Bayfront was a historic building, “almost an icon,” yet the city allowed its demolition and new construction.

“It’s highly likely there will be a lawsuit filed,” Brown told the commission last night. “The loss they will argue,” Brown told Historic City News editor Michael Gold today, “is based on the value of the property as a hotel and the Wendler’s lost opportunity for a national brand hotel franchise.”

Photo credits: © 2010 Historic City News contributed photograph