Saturday, June 16, 2007

Bustin' out

This hibiscus pretty much echoed my mood on Friday.

(It's one of two just inside our front fence; the other is on the other side of the gate, and both have been sneaking random disembodied blooms toward the street between the pickets.)

Ronnie, our mailman, slipped the city's letter into our mailbox just before lunch, and I goggled as I read the judge's ruling.

I figured Judge Overby would have ruled in our favor only because the Historic Commission had made it possible with a similar case late last year.

But no. It was bigger than that.

There was me, appellant, v. City of Key West, Florida, a municipal corporation, appellee, and a citation of HARC's action, and then:

"IT IS ADJUDGED: the HARC decision in Case H07-02-02-145 is REVERSED. The application of the Historic Architectural Guidelines adopted by Ordinance by the City of Key West is superseded by the Florida Building Codes Chapter 24, Section 2411, High-Velocity Hurricane Zones. SO ORDERED. . . ."

Holy crap. Of course I'm no lawyer, but that sounds as if HARC has to allow wind-safe windows everywhere, not just on our house -- which, if true, will really bring out the preservationists who rose to whack me down at HARC's April workshop.

One of them -- an architect who used to head HARC -- cited another chapter of the code that stands in full opposition to the section the judge cited. So, will the city be forced to press for resolution from a higher court?

The Citizen wants to interview me -- but I think my first call will be to Carolyn in the Building Department to see if I can get a full, unqualified Certificate of Occupancy in my hot little hands first. Not to mention the 8 grand we posted for a performance bond.

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