Loophole Law Paves Way for Safety Harbor Condos

A little-know state law that was designed to help spur development following the economic crisis could pave the way for a seven-story condo complex to be built in downtown Safety Harbor.

Developer Farhod Nikjeh approached the city earlier this year with his plans to build a 48-unit, seven-story condominium building at the Harbour Pointe Village complex fronting Bayshore Boulevard.

But with the terms that were agreed upon for the property in 2008 set to expire in November, attorneys for the bank that owns the parcel invoked the law in a letter to city leaders.

The letter, which cites Laws of Florida House Bill 7019, states in part:

"Any building permit...which has an expiration date from January 1, 2012 through January 1, 2014 is extended and renewed for a period of 2 years after its previously scheduled date of expiration."
Now, instead of having to come up with a definitive plan for the property by November 17, Nikjeh will have an additional two years to attempt to get his project off the ground.

"The original time frame was two years from November of 2008, or the property would go back to its original entitlements," City Manager Matt Spoor said. "But the bank's lawyers found a law that automatically extends the current entitlements for two years past that deadline." 

"So now the applicant now has two more years to pull the permits and submit a site plan, and ten years to complete the project."

In addition to the condo building, which would consist of two floors of ground level parking plus five residential stories, the project called for eight townhomes to be build on an adjacent parcel that fronts Iron Age Road.

Nikjeh went before the Planning & Zoning board in July to ask for a one-year extension to come up with his plans for the property, which included the decision to change the townhomes to six, single-family residential homes.

The project received opposition from some board members.

"I didn't like it then and I don't like it now," Karen Kallal said. "I think it's too big and I don't think it fits in with our visionary process for Safety Harbor."

The board ultimately agreed with the request for the extension by a vote of 4-2, but it did limit the height of the condo building to 55 feet.

Thanks to the state law, however, Nikjeh will now have two more years to come up with his site plans, and he can build the condo up to a height of 65 feet.

What do you think of this issue, Harborites? Let us know in the comments below.