Partial settlement approved for 712 Eaton Street; respondents must seek variance and file within 30 days

The magistrate accepted a partial mediated settlement in the long-running 712 Eaton Street matter, requiring the respondent to file a complete variance application and pursue all necessary approvals to reduce a pavilion’s footprint so it is contained within the parcel’s recorded legal description.

Why it matters: The settlement resolves long-standing enforcement activity for this parcel but makes compliance contingent on a variance and subsequent approvals. The city retained the right to enforce remaining violations if the respondent defaults on the agreement.

What happened: Brett Smith, appearing on behalf of 712 Eaton Street Land Trust, told the magistrate the parties entered a partial settlement requiring variance filings and timelines. The magistrate read terms into the record: the variance application must include survey and site plans and all required notices and fees and is to be filed within 30 days of the agreement (the hearing record notes a deadline of Dec. 21). The city explicitly reserved enforcement rights in case of default by the respondent.

Next steps: The respondent must file the complete variance application within the recorded 30-day window and diligently prosecute the variance hearing. If the respondent defaults, the city may reassert enforcement for the outstanding violations.

Speakers quoted in this article are drawn from the hearing record and include the magistrate, Brett Smith, and Ryan Waterhouse (City of Key West).