Marshview condo owners file suit against U.S. 17 apartment developer

Jun. 30—Residents of Marshview Condos and an environmental advocacy group filed a lawsuit Thursday challenging construction of a 200-plus-unit apartment complex on U.S. 17.

"One Hundred Miles and seven residents of Marshview Condominiums filed suit today in an attempt to require developer Vassa Cate and Maritime Homes to comply with adopted city codes and the Glynn Avenue Design Framework on a 30-acre planned development along U.S. 17," One Hundred Miles, the group filing the lawsuit alongside the Marshview Condo Owners Association, said in a released statement.

Local developer Vassa Cate is behind the apartment complex proposed for 3302 and 3210 Glynn Ave. under the corporation Maritime Homes, which is named in the suit.

City officials signed off on preliminary drawings of Island View Apartments in May. The plans called 204 apartment units comprised of seven three-story, 24-unit buildings; one three-story 36-unit building; an office; a fitness center and pool; and associated parking on 13.98 acres immediately adjacent to the Marshview complex.

The apartment complex is only half of the proposed development. Early plans for the other half, which has not yet begun the approval process with the city government, include another 62 townhouses and three commercial units.

The city adopted the Glynn Avenue Design Framework in 2018. It's a zoning overlay imposing additional development restrictions on the U.S. 17 commercial corridor in the city limits with the goal of creating a distinct and attractive mixed-use district to complement the city's historic downtown, among other things.

The lawsuit alleges the developer failed to meet several of the framework's requirements and asks the court to issue a temporary injunction to stop work on the project until issues with the development can be resolved. It also requests a judgment that the City Commission's actions to approve the site plan failed to comply with applicable ordinances, the statement says.

"According to the ordinance, Maritime Homes was required to submit a master plan and a written report detailing specifics about the development, including information about density, open space, and other details important for protecting public resources and the property rights of neighboring property owners," a statement from One Hundred Miles reads.

City commissioners created a special approval process for the development, the lawsuit notes. Rather than going through the city's normal development review and approval steps, the City Commission voted to have the developer seek approval of the complex's preliminary plans at the 25% and 90% completion stages from the city commission and Brunswick Planning and Appeals Commission, a task that is normally handled administratively.

Brunswick Mayor Cosby Johnson said at a past city commission meeting that the complex's unique nature — being one of the largest and most dense developments in the city limits — necessitated a unique process.

Throughout that process, city Planning, Development and Codes Department staff maintained the development met all relevant legal requirements aside from parking. While the Planning and Appeals Commission recommended denial of the plans, the city commission voted to approve them with fewer parking spaces than legally required. Their reasoning was that the additional parking could come in future phases.

But it was this special process that allowed the developer to skirt requirements of the framework and city code, the lawsuit alleges, getting away with a higher residential unit density than normally allowed.

"While not perfect, the framework paints a clear picture of our community's vision for the future and our hopes for this marshfront stretch of highway," Alice Keyes, vice president of coastal conservation with One Hundred Miles, said in a statement. "Legal action is not a step we take lightly. But we are proud to stand with our community members to ensure everyone plays by the rules designed to protect our resources and our people."

Residents of the condo complex attended nearly every public meeting regarding the complex, at first seeking information but later opposing the plans as more details came to light.

"I'm happy the developer demolished the old hotel (Golden Isles Inn) on the property, but he clear cut all the trees to put in too many apartments, crammed into too little space around a parking lot that is too small," said Helen Stapleton, a 20-year Marshview resident. "Now I look out at an eight-foot-tall fence that is literally six inches away from my patio."

Les Klinefelter, another resident, said he'd tried to communicate with Cate a few times, but to no avail.

"I even asked for meetings during my three minutes at the public hearings," said Klinefelter. "We wanted to find ways our two neighborhoods could work together so the area can be developed to benefit everyone. To this day, I have not had one call back."

Cate did not respond to a request for comment.