Naples City Attorney Bob Pritt, who previously agreed that a three-story building with an underground garage violates the city’s charter, now has changed that opinion, arguing that a similar downtown development proposal is consistent with the charter.
In the city’s first filing responding to a lawsuit by two downtown property owners in Collier County’s Circuit Court in December, Pritt argues the City Council acted in accordance with the charter when the council approved a controversial three-story condo project with underground parking on Fifth Avenue South last November.
The charter limits all commercial buildings to three floors, but it doesn’t clearly say if those floors should only be counted above ground.
The charter “does not expressly prohibit underground facilities or floors below” ground, and therefore “the City Council’s interpretation is consistent with its Charter and Code,” according to a court filing co-authored by Pritt for the city.