The Florida real estate developer working to construct a Ritz-Carlton hotel south of the Inner Harbor said yesterday that he will seek city approval to exceed height limits in place since 1975.

Neil Fisher's decision to ask permission from the city's Board of Estimates to go over a 71-foot height restriction governing the land adjacent to the Rusty Scupper restaurant stems from a breakdown in negotiations with a key neighborhood group.

Fisher's plan to bypass the Federal Hill Neighborhood Association comes after the group and Ritz-Carlton architects were unable to agree on the height of the proposed five-star hotel at a meeting Monday night.

"I plan to ask for a variance from the Board of Estimates to build a two-towered hotel there," Fisher said yesterday. "I'm not interested in a shouting match, and I will meet with anyone, talk to anyone and answer questions from anyone, but I cannot deal with David Marshall and I won't deal with David Marshall."

The Federal Hill group -- and especially Marshall, its president -- has vehemently objected to the proposed height of the $85 million project, contending that it would block harbor views from historic Federal Hill.

Fisher's plans for the 250-room, luxury hotel call for a two-towered project that would rise roughly 95 feet. Federal Hill measures 82 feet in height.

"I feel the community would strongly oppose that concept and that it does not want towers rising above the hill," Marshall said. "Federal Hill is historic, it should be cherished and protected. He said he wanted community support for this project, but it appears now that's not the case."

Fisher contends that Marshall does not represent the views of the community.

Fisher's architects drew the two-towered scheme after some residents rejected a 74-foot, three-building concept because of its width and mass.

The height restrictions date to a Land Disposition Agreement crafted in 1975 between the city and Bethlehem Steel Corp., the property's former owner.

Although the restrictions are set to be in place until 2007, the city has the power to eliminate them at any time.

"We're not opposed to development there, and we would love a Ritz-Carlton," Marshall said. "I hope we can continue to work with Mr. Fisher to come up with a mutually beneficial design."

Pub Date: 3/26/99