Bay Isle Associates has applied for permits to construct a three-story family residence with a mezzanine on its 0.28-acre W-1 zoned parcel adjacent to the developers luxury condominium development, Grande Bay Resort, according to Department of Planning and Natural Resources spokesperson Jamal Nielsen.
The application is still in the review process, according to Nielsen, who said he could not comment further until the review process is completed.
Nielsen said he did not know how long this process would take, and did not comment on how many dwelling units are planned for the three-story building.
DPNR, Bay Isle Statements Differ
This latest DPNR statement differs from statements made by Bay Isle partner Kelly Frye in a mid-May interview with St. John Tradewinds.
Ostensibly we are building two buildings, the same as before, said Frye. We are limited in the number of units. We cant do condominiums.
We have a smaller dwelling-unit building and a somewhat smaller reception-administration building, Frye continued. We will be able to build two buildings.
Were going to have a reception area, a restaurant and bar, a sundry shop and a small gym, the developer added.
No more than two dwelling units are allowed under W-1 zoning, which also requires that no more than 40 percent of the area of the lot be developed.
Bay Isle Associates tried unsuccessfully last year to rezone the 0.28-acre parcel to R-4.
The rezone would have allowed the construction of 14 condominiums on the parcel, which were already planned and sold contingent on the zone change.
Rezone Approval Vetoed
Although the V.I. Senate originally approved Bay Isles request to rezone the parcel on November 10, 2005, Gov. Charles Turnbull vetoed that request less than a month later.
I have decided not to approve this bill because the development would likely increase noise pollution in the residential neighborhood, exacerbate the parking situation, and create unpleasant and unhealthy impacts on residents in the immediate surrounding area, Turnbull said.
There have been delays in the development of the 0.28-acre parcel, according to Frye.
We had to throw away our plans for the parcel, said Frye of the decision to drop the rezoning bid. We are more than a year late on the start of the final buildings. It really has hurt us.
Developers Facing Lawsuit
Bay Isle is also facing trial in a complaint filed against four owners of one property adjacent to Grande Bay Resort, who allege privacy nuisance due to zoning violations including height, density and lack of lateral support.
The developers motion to dismiss the complaint was denied in May by V.I. Superior Court Judge Rhys Hodge, allowing the plaintiffs to proceed with their claims for damages.
Both sides are now in the discovery phase and are preparing for trial. A date for the trial has not yet been set.