BRADENTON BEACH – Michael and Nadya Kelly have responded to criticisms and concerns city officials recently expressed regarding their beachfront home and property at 402 Gulf Drive.
The city’s concerns include the potential removal of the Australian pines from the Kelly’s property near the intersection of Cortez Road and Gulf Drive.
On June 14, the Kellys sent a two-page letter to the Bradenton Beach City Commission, and also to the Community Redevelopment Agency, which includes all five city commission members and appointed members Ed Chiles and David Bell. The letter was sent in response to comments City Commissioner and CRA member Jan Vosburgh and CRA member Chiles made during the June 2 CRA meeting.
“I think those Australian pine trees, as you come down Cortez Bridge, are a real eyesore. Most importantly, I think it’s very dangerous. I’ve been talking about this for quite a few years. They should be removed,” Vosburgh said on June 2.
“I am familiar with the condemnation of property. I think we should work very hard at getting rid of that house because that is a terrible eyesore and it doesn’t look like it’s getting any better,” Vosburgh also said in reference to possible state condemnation of the Kellys’ property.
During that same meeting, Chiles said, “Australian pines are invasive. They have been designated by the state as invasive – that they shall be taken out, not can be. Jan could not be more right. Those trees are a tremendous hazard right at the most important intersection in the city of Bradenton Beach. When the big storm hits, they’re going over and that’s going to be a real impediment when our public service people are the only people out here trying to saw through all of that.”
At the conclusion of the June 2 discussion, Public Works Director Tom Woodard was directed to get cost estimates for the possible removal of the Australian pines.
Kellys’ response
City Attorney Ricinda Perry read the Kellys’ letter into the public record during the Thursday, June 17 city commission meeting. The letter notes the Canadian residents purchased their Bradenton Beach home in 1989.
“Like many Canadian and American snowbirds, we spend a substantial amount of time in this island paradise. Our children and their families also visit throughout the year, creating a sanctuary where we continue to create lasting, loving memories,” their letter says.
Regarding the June 2 comments, the letter says, “Such comments would suggest that the elected commissioner is not supporting her constituents in a fair and just manner. A commissioner, or anyone appointed to a committee, best serves the community by upholding ethical values that create a conducive working relationship, and a sense of pride and camaraderie amongst the constituents.
“While Mr. Chiles is correct in asserting that the Australian pine has been declared as ‘invasive’ by the State of Florida, his use of the term ‘shall’ seems to overlook the primacy of the owner in this decision. For example, on Feb. 6, 2006, the Sanibel City Council passed Ordinance 06-021 confirming ‘the rights of private property owners to retain Australian pines that currently exist on their private property,’ except in cases where they present an imminent danger. Similar ordinances represent the current disposition throughout Florida,” the Kellys’ letter states.
Gulf Drive, Cortez Road and the adjacent rights of way in Bradenton Beach are controlled by the state of Florida.
“Although we have not heard from the Florida Department of Agriculture, the Florida Department of Environmental Protection, the Florida Department of Transportation or any other state department that our trees pose an immediate threat, we wish to work cooperatively with the city commission. To this end, we would be prepared to discuss with the city commission the possibility of replacing, at its cost, the Australian pines with an indigenous species that would provide us with the windbreak protection that we have enjoyed from the current trees. This may likely remove any perceived danger to the area while further enhancing the entry to Anna Maria Island,” the Kellys’ letter states.
“It has been confirmed that the city had absolutely no interest in seeking state condemnation of the property or evoking eminent domain rights. We believe that the commission is sincere in this regard and that the commission will continue to respect our private property rights,” the letter states.
According to the letter, the Kellys’ home sustained significant damage during Hurricane Irma in 2017 and substantial repairs were then made in 2018.
“Further repairs were expected to be made in 2020, but plans were postponed by the COVID-19 pandemic. We intend to restore, in a timely fashion, the exterior of the home to reclaim its native Florida character,” their letter says.
When Perry finished reading the letter aloud, Mayor John Chappie said, “I did talk with one of the Kelly’s daughters. They are in for the long haul as residents, they’ve just had some obstacles that are very tough to overcome.”
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