TAMPA - Faced with no choice but to follow the rulings of the courts, the Tampa City Council on Thursday begrudgingly issued approval for a much-debated Bayshore Boulevard condominium tower.

"It's about time," said Scott McLaren, attorney for Citivest Construction, which proposed building the 346-foot tower at Bayshore and DeSoto Avenue almost five years ago.

The council voted 6-0, with Charlie Miranda absent, to approve a preliminary certificate of appropriateness based on the advice of City Attorney David Smith, who said circuit and appellate court rulings left only one option.

Councilman John Dingfelder said he passed the motion with great sadness.

"I believe in the judicial system and I believe in the rule of law," said Dingfelder, a lawyer. "I do not believe in this project, but that does not matter. We have done everything in our power and the courts have spoken."

The vacant 1 ½ -acre property is zoned to allow for high-rise development. The site is on the southern end of the Hyde Park Historic District, which is governed by the city's Architectural Review Commission.

Neighbors have fought Citivest's plans and the project has been the subject of litigation for the past three years after the review commission denied issuing the certificate because the tower's height would be inconsistent with historic district design guidelines.

The council agreed.

Citivest appealed those decisions and Hillsborough Circuit Judge William Levens ruled that the council and commission erred in denying the certificate.

The 2nd District Court of Appeal upheld Levens' decision and in November the state Supreme Court declined to accept jurisdiction to review the case.

In 2005, the council rejected a compromise between Citivest and the city for a 19-story, 230-foot tower.

McLaren said the project needs a final certificate of appropriateness from the commission but that will deal only with minor issues such as windows and other aesthetics.

"The building has been set," McLaren said. "The height, the size, the shape. Ultimately the courts settled it. And they did so fairly."

Citivest also plans to build a 120-foot condominium tower at Bayshore and Bay to Bay Boulevard.

In November, the council denied Citivest's rezoning request for a 190-foot building on the site, which is used for public parking and also is where the Bayshore Patriots gather each Friday to wave flags.

The property's zoning allows for a building of up to 120 feet.

Reporter Michael H. Samuels can be reached at (813) 835-2109 or msamuels@tampatrib.com.