Town issues Certificate of Use to IAF founder
The Town of Fort Myers Beach is in the process of issuing a new Certificate of Use to the Island Arts Foundation (a members-only non-profit arts foundation) and founder Carl Conley for occupational office usage at 2915 Estero Boulevard.
The expected certificate issuance follows three inspections (building, fire and code) made within the past week at the property. Conley resides at the property and has entertained IAF members at the Purple Heart Theater located in the backyard.
The Certificate of Use will enable the IAF founder to use the premises for occupational operations only. According to Town Community Development Director Walter Fluegel, the certificate states “office, no visitors” due to the restricted parking at the site. Presently, there is only one usable parking space on the property.
“The issue is he doesn’t have the required parking, so we can consider it as a home occupation and nothing more,” said Fluegel.
Fluegel said Conley might be able to apply for special exception if he wishes to continue to entertain guests at the theater.
“My understanding is the whole ground floor is what he has claimed for the IAF office. That doesn’t preclude him from coming back in the future and asking for special exception for the COP (Consumption on Premises) and for the membership organization to operate from there,” said Fluegel. “However, at that time, both the town building department and Fort Myers Beach Fire department will have to go and do inspections based upon that change in occupancy.”
Fluegel cautioned that inspections for Change in Occupancy are entirely different. Other than parking calculations, the town’s community development director said a fire-separated wall would be needed between office and residential components.
“There are a whole host of other issues we would have to look at as well as the fire department,” he said. “Our finding is very clear, but there are limits to what he can do, and the Certificate of Use will reflect that.”
Fluegel said a special magistrate hearing regarding the zoning violation at the 2915 Estero Boulevard address “has been pulled off” the town docket. Town officials will move forward on this issue.
“Our objective is to get people into compliance,” said Fluegel. “As long as there is no violation regarding the Certificate of Use, we are fine.”
Conley said he filed a “voluntary dismissal language application” and stated IAF has had an occupational license all along and has leased the space on the property. He also said he doesn’t own the right for business, but IAF does.
“The IAF operated as a performing arts center at this address for years, and there is not a single complaint with the Town over parking or any complaints with law enforcement over noise or disturbance,” he said. “Why now? I am convinced it is the politics of personal enemies, made through years of being a strong community newspaper editor that brought this about at this particular juncture.”
Conley provided the Beach Observer with a copy of a Lee County Local Business tax receipt addressed to the Island Arts Foundation, Inc. with an expiration date of Sept 30, 2011 and wording that stated ‘may engage in the business of theaters.’
“The listing in the Town book says that that property is for offices,” he said. “It has never been an office. It has been everything else but an office – a dive shop, a tattoo parlor, a snow cone restaurant, Grandpa’s Workshop and a produce stand. However, based on the schedule of uses, it says ‘office’ and we are conforming to that schedule of use. The Island Arts Foundation has reserved all it rights and will revisit this issue because we do have Certificates of Occupancy -now known as business tax receipts- and a signed application for Certificate of Use. The county would not have issued those tax receipts, formerly known as occupancy licenses, if we had not had that sign-off with the town.”
Conley said he is planning on running ads containing the said certificates and receipts “to correct the misinformation that we have been operating an illegal bar.”
“The important thing is we are taking a road where there is no dispute on the town side,” he said. “That is a commercially zoned place.”
Regarding the parking issue, Conley said the property does contain parking spaces if needed.
“There are eight legal parking spots. We’ve just voluntarily blocked them to discourage people to drive there. We want to encourage them to take public transportation. There is a trolley stop right in front,” he said.
On a separate issue, Conley’s attorney, Michael Hornung, has filed a motion to dismiss regarding alcohol charges stemming from a recent arrest at the above address by the Florida Division of Alcoholic Beverages and Tobacco.
On Jan. 13, an ABT investigation at the members-only non-profit arts foundation event resulted in two nonphysical arrests related to the illegal sale of alcohol. Town of Fort Myers Beach code officers accompanied the ABT officers who cited Purple Heart Theater owner Carl Conley and Karen Mills, for sale without/improper license by maintaining a premise where alcoholic beverages were sold unlawfully.
“The evidence does not rise to any type of criminal violations, so the motion to dismiss was filed on Friday, outlining our position that Mr. Conley did not sell nor did he have any knowledge that he was selling alcohol under the statute and what he was cited for doesn’t meet any type of legal criteria to be pursued in the courts,” said Hornung.
Hornung said Mills’ charge is being “disputed and rigorously defended regarding her participation and her culpability in that situation.” He said the state attorney’s office could either agree with the motion to dismiss or dispute it in a hearing 30-45 days from the Feb. 18 file date.
“It appears that this was some type of politically motivated issue brought up against Mr. Conley,” said Hornung. “In my 21 years of being an attorney, this is one of the weaker cases that I’ve ever seen regarding a situation of this nature.”
Conley also took the position that the issue is politically motivated. Town officials have previously denied any political motivation.
“Some local media is making a big deal out of this for political reason,” he said. “They should know better than to speculate on the outcome of legal proceedings until they are ruled on. Charged are leveled every day, but charges are dismissed or modified every day.”
Conley said he has emailed copies of his licenses to all members of the Island Arts Foundation.
“We have received a plethora of responses in support of our position,” he said.
Town issues Certificate of Use to IAF founder
The Town of Fort Myers Beach is in the process of issuing a new Certificate of Use to the Island Arts Foundation (a members-only non-profit arts foundation) and founder Carl Conley for occupational office usage at 2915 Estero Boulevard.
The expected certificate issuance follows three inspections (building, fire and code) made within the past week at the property. Conley resides at the property and has entertained IAF members at the Purple Heart Theater located in the backyard.
The Certificate of Use will enable the IAF founder to use the premises for occupational operations only. According to Town Community Development Director Walter Fluegel, the certificate states “office, no visitors” due to the restricted parking at the site. Presently, there is only one usable parking space on the property.
“The issue is he doesn’t have the required parking, so we can consider it as a home occupation and nothing more,” said Fluegel.
Fluegel said Conley might be able to apply for special exception if he wishes to continue to entertain guests at the theater.
“My understanding is the whole ground floor is what he has claimed for the IAF office. That doesn’t preclude him from coming back in the future and asking for special exception for the COP (Consumption on Premises) and for the membership organization to operate from there,” said Fluegel. “However, at that time, both the town building department and Fort Myers Beach Fire department will have to go and do inspections based upon that change in occupancy.”
Fluegel cautioned that inspections for Change in Occupancy are entirely different. Other than parking calculations, the town’s community development director said a fire-separated wall would be needed between office and residential components.
“There are a whole host of other issues we would have to look at as well as the fire department,” he said. “Our finding is very clear, but there are limits to what he can do, and the Certificate of Use will reflect that.”
Fluegel said a special magistrate hearing regarding the zoning violation at the 2915 Estero Boulevard address “has been pulled off” the town docket. Town officials will move forward on this issue.
“Our objective is to get people into compliance,” said Fluegel. “As long as there is no violation regarding the Certificate of Use, we are fine.”
Conley said he filed a “voluntary dismissal language application” and stated IAF has had an occupational license all along and has leased the space on the property. He also said he doesn’t own the right for business, but IAF does.
“The IAF operated as a performing arts center at this address for years, and there is not a single complaint with the Town over parking or any complaints with law enforcement over noise or disturbance,” he said. “Why now? I am convinced it is the politics of personal enemies, made through years of being a strong community newspaper editor that brought this about at this particular juncture.”
Conley provided the Beach Observer with a copy of a Lee County Local Business tax receipt addressed to the Island Arts Foundation, Inc. with an expiration date of Sept 30, 2011 and wording that stated ‘may engage in the business of theaters.’
“The listing in the Town book says that that property is for offices,” he said. “It has never been an office. It has been everything else but an office – a dive shop, a tattoo parlor, a snow cone restaurant, Grandpa’s Workshop and a produce stand. However, based on the schedule of uses, it says ‘office’ and we are contorting to that schedule of use. The Island Arts Foundation has reserved all it rights and will revisit this issue because we do have Certificates of Occupancy -now known as business tax receipts- and a signed application for Certificate of Use. The county would not have issued those tax receipts, formerly known as occupancy licenses, if we had not had that sign-off with the town.”
Conley said he is planning on running ads containing the said certificates and receipts “to correct the misinformation that we have been operating an illegal bar.”
“The important thing is we are taking a road where there is no dispute on the town side,” he said. “That is a commercially zoned place.”
Regarding the parking issue, Conley said the property does contain parking spaces if needed.
“There are eight legal parking spots. We’ve just voluntarily blocked them to discourage people to drive there. We want to encourage them to take public transportation. There is a trolley stop right in front,” he said.
On a separate issue, Conley’s attorney, Michael Hornung, has filed a motion to dismiss regarding alcohol charges stemming from a recent arrest at the above address by the Florida Division of Alcoholic Beverages and Tobacco.
On Jan. 13, an ABT investigation at the members-only non-profit arts foundation event resulted in two nonphysical arrests related to the illegal sale of alcohol. Town of Fort Myers Beach code officers accompanied the ABT officers who cited Purple Heart Theater owner Carl Conley and Karen Mills, for sale without/improper license by maintaining a premise where alcoholic beverages were sold unlawfully.
“The evidence does not rise to any type of criminal violations, so the motion to dismiss was filed on Friday, outlining our position that Mr. Conley did not sell nor did he have any knowledge that he was selling alcohol under the statute and what he was cited for doesn’t meet any type of legal criteria to be pursued in the courts,” said Hornung.
Hornung said Mills’ charge is being “disputed and rigorously defended regarding her participation and her culpability in that situation.” He said the state attorney’s office could either agree with the motion to dismiss or dispute it in a hearing 30-45 days from the Feb. 18 file date.
“It appears that this was some type of politically motivated issue brought up against Mr. Conley,” said Hornung. “In my 21 years of being an attorney, this is one of the weaker cases that I’ve ever seen regarding a situation of this nature.”
Conley also took the position that the issue is politically motivated. Town officials have previously denied any political motivation.
“Some local media is making a big deal out of this for political reason,” he said. “They should know better than to speculate on the outcome of legal proceedings until they are ruled on. Charged are leveled every day, but charges are dismissed or modified every day.”
Conley said he has emailed copies of his licenses to all members of the Island Arts Foundation.
“We have received a plethora of responses in support of our position,” he said.