TBO.com - TBO is Tampa Bay Online

Parking Lot Battle In Court

ADVERTISEMENT

By TODD LESKANIC

tleskanic@tampatrib.com

Published: October 5, 2008

PORT RICHEY - Fatty-N-Mabel's restaurant probably wouldn't exist at its current location if owner Mike Simpson had known the troubles he'd run into.

Some nearby homeowners likely would have preferred another location, too.

Simpson and eight of his neighbors in this upscale, predominantly residential area near the marina are locked in a squabble over his plans to expand parking. That's a needed step before Simpson can open the restaurant's second floor.

The disagreement went from meeting room to courtroom last month when the neighbors filed a lawsuit against the city.

They're asking a judge to overturn a City Council decision in August to allow the restaurant to build additional parking at the corner of Pier Road and Limestone Drive. The neighbors, most of whom live on nearby Sunset Boulevard, say the restaurant already brings too much traffic, noise and unsafe drivers to the area's narrow streets.

Expanding the restaurant would only make things worse, they say.

"We just want to be left alone," said former City Councilman Jim Priest, a plaintiff who lives on Sunset Boulevard. "These are our homes, where we live and raise our families.

"There's been one place for sale in the past 15 years that I've been here. People don't move from here. You move in here, and you fall in love with it."

Simpson, 51, opened Fatty-N-Mabel's in July 2007. The restaurant is on Limestone Drive but backs up to the Pithlachascotee River, allowing customers to sit on a back deck and enjoy a view of the river.

Business has been brisk, Simpson said. But not being able to use the 5,600-square-foot building's second floor because of a parking shortage has dampened the success. The plan is to use the upstairs as a banquet room.

"We have a lease for 270 seats, but we're only allowed 204," Simpson said. "It's like renting a house and not being able to use the kitchen but paying rent for the whole thing.

"Last time I checked, this was America. If you lease a building, you should be able to use the building."

Simpson dismissed the neighbors' claims of too much noise and haphazard parking.

The bands that play at the restaurant quit no later than 11 p.m., and the restaurant never closes later than midnight, he said. He reconfigured the establishment so the bands play facing the river and away from the neighborhood. The wall backing the band is soundproof, he said.

Customers who have parked on the streets have received $30 parking citations, some of which Simpson said he's paid himself.

"They're wasting their time," he said of the homeowners' efforts. "They're not going to be able to close me down."

In order to provide the number of spaces city codes require to open the second floor, Simpson said he needs to open another parking lot.

In June, the city's Board of Adjustment recommended approval of two variances to allow for more parking. The City Council voted 3-2 to approve the variances, though City Attorney Michael Brannigan advised against it.

Shauna Morris, an attorney for the homeowners, and Priest said they tried to negotiate with Simpson on the additional lot. Priest said they'd nearly reached an agreement when the homeowners realized the additional lot was being added to expand the size of the business.

That prompted the homeowners to withdraw the concessions they were offering.

Now, they're hoping a circuit court judge agrees with their claims. Until there's a decision, Simpson won't be able to turn the property next door into a parking lot.

"It's a shame," Priest said. "You'd hope people would respect the property owners and their homes. We pay more into the city coffers than any other area in the city of Port Richey but we get just about the least amount of respect."

Reporter Todd Leskanic can be reached at (727) 815-1084.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT