Have you ever asked yourself, “What is a balcony?” Probably not. But in Apopka, it's a burning question.
According to Merriam-Webster, it is “a platform that projects from the wall of a building and is enclosed by a parapet or railing.”
Simple enough, but not when it involves an affordable housing development in the middle of the Apopka City Center project.
The battle of the balcony, or the interpretation of the word, would rage on for 90 minutes at Wednesday's Apopka City Council meeting... and in the end, the debate ended in a deadlocked vote that solved nothing.
The Apopka City Council, staff, and attorneys for Wendover Housing Partners (the developers of Southwick Commons affordable housing development) and Taurus Southern Investments LLC (the developers of the Apopka City Center) argued over the construction of the Southwick Commons 192-unit affordable housing complex. The apartment complex will be located on the southeast corner of Sixth Street and Alabama Avenue. After facing legal battles with the City, they met once again to determine the issue of the requirement of balconies and what defines a balcony.
Community Development Director Jim Hitt was first in line to begin what would become a drawn-out debate. He argued that the balconies the developers wanted to build did not meet the standards of the development agreement because they would not be a “usable outdoor space.” According to Hitt, the developers proposed installing “Juliet balconies,” which is a door that opens to a railing that is flush with the exterior of the building.
Rebecca Wilson, the attorney representing Southwick Commons, disagreed with Hitt’s description of the balconies her client intended to build. Wilson said that the plans are to install two types of balconies, the first being “1 foot deep” and “7 feet 4 inches wide,” and the second type would be “5 feet 8 inches deep and 15 feet wide.”
“…I was just thinking, nothing in my three years of law school really prepared me for arguing over what the word balcony meant in a development agreement,” Wilson said.
Bryan Capps, an attorney representing Taurus Southern Investments LLC., presented a mockup of what he alleges the balcony would look like. Capps said that what they intend to provide is a ledge rather than a balcony based on his interpretation of the definitions of each word.
Wilson said that she found it “quite rich” that Taurus would show up to the meeting to “complain” because she alleges they knew that Wendover would be building an affordable housing project. With “the burden of proof,” she said, she should have the chance to rebut Capps and claims that Southwick Commons has provided the balconies that were requested by the City staff.
“It is not a Juliet balcony, it is not a faux balcony, it may not be as large as people may like, but you know what, it may be large enough for the people who choose to rent here,” Wilson said. “…We’ve complied with the development agreement. Please let us move forward with this project.”
Commissioner Kyle Becker recounted the timeline surrounding the dispute they have been repeatedly confronted with dating back to 2016. Becker said that they’re right back where they started with the interpretation of the meaning of the word “balcony.” He said if searched for in the land development code or code of ordinances, the dimensions or specifications do not provide a definitive answer or adhere to the varying definitions that the Council had been presented with from staff and attorneys.
According to Becker, an email had been sent to the City Council by Taurus on the day of the meeting. The email stated the specifications of the dimensions for the balcony be “5 to 6 feet deep” and “12 feet wide.” According to Wilson, she was not sent the email before the meeting.
“From where we’re sitting up here as a City Council, which definition are you using? I get it that Taurus is trying to say kind of, ‘you gotta stay with the spirit of the developer's agreement,’ but I would argue that spirit was broken in November of 2021, and it was enabled going back to November 2020,” Becker said.
Commissioner Nick Nesta said he wants the developers to do what’s in the best interest of the tenants who would eventually live at Southwick Commons. Nesta said that just because the balconies need to be affordable doesn’t mean they need to be “cheap.”
“There needs to be a little more give and take, and again I understand that there was a lot of games that were played as well that got us here…” Nesta said. “…I think we need true balconies, the industry standard. If a layperson comes in and wants to lease a unit, what does that look like, and it’s not 11 inches.”
Mayor Bryan Nelson said he didn’t know why Taurus would have sold the property to Wendover and why Wendover would have made the purchase if they knew the conditions of the development agreement in advance. Nelson suggested that the City Council determine a sufficient and agreed upon square footage amongst themselves and come back to both opposing parties with their decision.
Becker said that this approach would lead to a “slippery slope” if they were to create land development codes “on the fly.” He said he struggles with the issue because they could debate it repeatedly at future City Council meetings and would be unlikely to come to a “true consensus” of what constitutes the definition and variations of the many types of balconies.
As the meeting came to an end and votes were called, Nesta asked if Southwick Commons would be willing to compromise and meet in the “middle.” Wilson replied that they had made compromises regarding the balconies and that they already meet the requirements set by City staff. She said that they couldn’t keep guessing the City's expectation of what is a satisfactory balcony and that if a favorable decision could not be reached, the issue would be taken in front of a judge for litigation.
“We’re spending a lot of time talking about what someone who would live in an affordable housing development would like,” Wilson said. “What they’d like is to have a home and not have to wait another 18 months to break ground on this…”
The vote was a 2-2 tie, with City Commissioner Diane Velazquez and Becker in favor of approving the project's current balcony design and Nelson and Nesta in opposition. With City Commissioner Alexander Smith not present at the meeting, the motion did not pass.
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MamaMia
Mayor Nelson and Commissioner Nesta are right on this vote. A sliding glass door opening to a narrow ledge is not a usable balcony. It serves no purpose. As usual, Becker is overthinking, and as usual, Velazquez is just following Becker. Rebecca Wilson, the project's attorney would not want that ledge as a balcony at her own home, I bet, and neither would Becker and Velazquez. It was interesting also that Ms. Wilson complained about the public having the right to speak about their thoughts on these apartments. She wanted them silenced. The mayor ignored her, and rightfully so....good! The publics' opinions were wanted when this city center was started, with so many vision meetings that took place. Who does she think she is? It all boils down to the people that will fill those apartments are not rich, but instead of limited income, so build them cheaper, and they get what they get.
Friday, June 9, 2023 Report this
MamaMia
It was spot on, to try to negotiate something that both sides could agree to, regarding the size of the balconies, so that the project could go forth, but clearly Ms. Wilson wants to run back to the courts. I'm not so sure the judge will lean her way on this issue though, since she wouldn't consider any compromise. She sounds like the holdup to the project going forward. IMO
Friday, June 9, 2023 Report this
Apopkacrewof3
@momma Mia- as you say this “serves no purpose”. - you are right, no use for chairs, enjoying, etc. But…..the Juliet balcony actually does serve a purpose- it’s for life safety- and if our plans review board had a member of the Fire Department to look at life safety designs- maybe it does I don’t know- they might consider it.
A Juliet balcony- be it smaller and not for every day use- it does provide an exit from the apartment besides the front door- it gives a way to open the door and let in air and light. Most importantly it gives a way to escape your apartment in an emergency, ie. A fire. Yes a regular balcony would do the same but we can’t decide on that either.
Seems we struggle with doing anything at the City Center so why would this be any different.
Friday, June 9, 2023 Report this
MamaMia
Apopkacrewof3....Ok, I get what you are saying, for life safety. I understand. I just hope if these ledge balconies end up being built, it is my hopes that if a fire does occur, and there is no other way to escape from inside, that that ledge, not even wide as some peoples' shoe length, is wide enough for dad, mom, maybe 3 or 4 kids to get out there on that ledge to be rescued? I would have already answered you all, but I am expecting a refrigerator at anytime, and had to move everything for a path to allow the new refrigerator. Car and truck too. I'm tired already this morning Too much, this and that, to have to do. Our refrig went out a couple days ago. Only good was you get tax free now, if they are energy star, and is good until June 30, and under 3 thousand, I think. Ours was 699.00. Back to the apartments,...does the fire chief sit on the DRC? I know the police chief sits on it. I am not sure?
Friday, June 9, 2023 Report this
wheresthepopcorn
2 hours on balconies. . There was more time spent on flippin balconies then getting a new atty. Hopefully certain people don't drive the next one away. I am sure Rodriguez did not poison the prospective candidates. I thought about it and he wants the focus off of him most likely. It doesn't sound like Byrd poisoned Rodriguez or he would have stayed far far away. I thought the Mole wanted someone like Wilson as the City Atty, I guess not anymore.
Friday, June 9, 2023 Report this
MamaMia
I just heard on TV that Rock Springs is shut down tomorrow, until Sunday, for alligator activity!
Friday, June 9, 2023 Report this
wheresthepopcorn
Balconies, let’s talk about seating. There is a balcony with seating for 4 in someones head. I know I have a seat and I don’t need to put popcorn in my lap.
Sunday, June 11, 2023 Report this
Richard
A window can be used as a secondary means of egress. So the balcony excuse by Crewof3 is ridiculous.
Saturday, June 17, 2023 Report this