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Naples council rejects magistrate recommendation in Old Naples outdoor-dining dispute
Summary
City council voted unanimously Feb. 5 to reject a special magistrate's recommendation that would have allowed Old Naples Building LLC to add outdoor dining using its grandfathered parking credits; the decision returns the matter to litigation risks and leaves the property owner able to pursue other remedies.
Naples City Council on Feb. 5 rejected a special magistrate's recommendation that would have approved an outdoor-dining permit for the Old Naples Building and reduced the restaurant's permitted outdoor-dining square footage from 4,630 to 2,315 square feet.
The council's decision follows a quasi-judicial Fludra (Florida Land Use and Environmental Dispute Resolution Act) hearing in which lawyers for the Old Naples property, counsel for an interested party (Neapolitan Enterprises), and city staff presented competing legal interpretations about whether parking credits tied to a historic administrative determination may be used for outdoor dining.
The dispute centers on a 2011 administrative determination by then-City Planning Director Robin Singer and a 2018 final judgment that addressed longstanding questions about how the building's grandfathered 76 parking credits apply to future uses on the property. Old Naples argued that the 2018 judgment and the Singer…
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