BAYSHORE - Nearly seven years after developers proposed to build a high-rise condominium on Bayshore Boulevard, the project still is in limbo.

The Tampa City Council last week voted 3-2 to overturn last year's decision by its Architectural Review Commission that appeared to clear the way for construction of the tower at Bayshore and DeSoto Avenue.

Because four votes are needed to approve or reject a motion, the council has scheduled a revote for 10 a.m. Thursday. Council members Joseph Caetano and Gwen Miller were absent from last week's appeal hearing before the board.

The vote hinges on whether guidelines written for the South Howard Avenue commercial area should be applied because the smaller of two combined lots that comprise the entire property falls within that district.

Citivest proposed the project; City National Bank of Florida is trustee for the property at 2101 Bayshore Blvd.

The city's zoning administrator, Cathy Coyle, decided the guideline should not apply. The parcel is in the commercial area but does not front Howard Avenue. And other regulations - including those of the city's overall growth plan, zoning and Bayshore's designation as a scenic corridor - also should be considered, Coyle said.

The Architectural Review Commission in November upheld her decision at an appeal hearing requested by residents of Bayshore Royal condominiums.

Bayshore Royal residents maintain the 346-foot tower would block their view of the signature waterfront boulevard and bring increased noise and traffic. Lawyer James De Furio, representing the Bayshore Royal residents, brought the appeal to the commission and then last week to city council.

"Why am I here? I am trying to get the law applied, finally," De Furio said. Based on city code, he said the overlay district regulations are the controlling factor if there are conflicts with other city codes, he said.

"If the project is in (the South Howard commercial area) then I don't see how we can't have it be controlling," said Councilman John Dingfelder, who sided with Bayshore Royal residents.

But Councilman Tom Scott supported the zoning administrator's position. "It wasn't just one code. There were several that came into play whichever way you go," he said.

There are no winners in this, said Councilman Charlie Miranda, who voted against the motion. "It's time something gets settled."

The tower initially was rejected by council. Developers at Citivest won a reversal in the 2nd District Court of Appeal, and the council reluctantly approved the project in 2007 based on the court's ruling. The architectural review commission then approved the tower's design and Bayshore Royal residents appealed to the city council, which upheld the commission's decision.

Next the case went to the review commission for a second appeal hearing on the zoning administrator's decision not to apply the South Howard guidelines, and finally back to council for last week's appeal.

Reporter Kathy Steele can be reached at (813) 259-7652.