ANNA MARIA – The city commission has tentatively approved the right-of-way permit needed to build a new beachfront home at 105 Elm Ave. opposed by several neighbors, including one whose beach views would be obstructed.
The unanimous commission approval granted on June 9 is contingent on additional drainage trenches being designed and installed at property owner Fedora Campbell’s expense along the portion of Elm Avenue to be extended westward to provide a connection to Campbell’s currently undeveloped lot.
The plans for the additional drainage elements desired by the mayor and commission must be approved by the commission before the permit is issued. Final review and approval of the right of way permit will also be required from the Florida Department of Environmental Protection (FDEP) before the city issues a permit. A right-of-way permit is needed before a building permit can be approved by the city.
Staff presentation
Thursday’s public hearing began with a staff presentation by City Planner Chad Minor. Minor noted Campbell’s undeveloped property is one of nine remaining properties in the city’s CON-1 Conservation zoning district eligible for potential development according to the city’s comprehensive plan.
Minor said the paved portion of Elm Avenue currently ends approximately 25 feet east of the street end and beach access point, which is near the driveway of the vacation home at 107 Elm Ave. owned by Wendy and Robert Jordan.
Minor said a similar right-of-way permit and street extension were granted for the previous owner of the 107 Elm property when it was developed in 2010. That permit allowed the street to be extended to the west using a 250-grade sand mix.
After Minor noted the Planning and Zoning Board voted 2-2 in May when asked to recommend commission approval or denial of the permit, Mayor Dan Murphy provided his own recommendation.
“I have a recommendation that we approve this right-of-way permit for Mr. Gagne and Ms. Campbell. I have spent with our staff and our attorney numerous hours evaluating this from the city’s point of view and my responsibility as the mayor. I don’t like development in the environmental zone. I grew up in a city just north of here (St. Petersburg) which was basically consumed by development. It’s not something I like, but for the sake of this city I strongly recommend that you give it due consideration,” Murphy said.
Applicant’s presentation
Attorney Kevin Hennessy and project engineer Erin Tumolo gave the applicant’s presentation and Campbell also addressed the commission.
Hennessy said Campbell would bear all costs associated with the road extension. He said Campbell’s property was platted in 1912 and purchased by her father in 1925.
Campbell, a Bradenton resident, said she began visiting Anna Maria when she was about 2 years old, and when her parents later moved the family to Anna Maria, her father built a hotel on Spring Avenue that’s still standing.
“When we lived on Spring, we used the lot in question often. My mother loved the beach. As I was growing up, we had many parties there – cookouts, bonfires and wiener roasts. This road we’re talking about now, we traveled on to our property. It was just sand and shell. Hopefully, I can build a home that I’ve been dreaming of for many years. My children are all here today and this is something I want to do for them. I want it to stay in our family for my grandchildren,” Campbell said.
Hennessy said that in 2020, FDEP issued Campbell a notice to proceed and a permit to build seaward of the Coastal Construction Control Line (CCCL). That permit was then challenged by a group of potentially-impacted property owners whose attorney argued that Campbell should not be allowed to build seaward of the CCCL.
Hennessy said the Jordans knew about the permitting challenge when they purchased the home at 107 Elm in April 2021. In June 2021, an administrative law judge recommended FDEP enter a final order granting Campbell’s CCCL permit, which interim FDEP Secretary Shawn Hamilton issued the following month.
Hennessy also mentioned the Preserve AMI opposition campaign the Jordans launched in response to the FDEP permitting process – a campaign that Commissioner Jon Crane said somewhat offended him.
Public input
During public input, property owners and FDEP permit challengers Richard Theidel and David Morris expressed concerns about the frequent flooding along Elm Avenue.
Participating by phone, Steven Hanson said he purchased and developed the 107 Elm property later sold to the Jordans and he expressed concerns about flooding and the impact Campbell’s construction would have on the coastal dune system.
Hennessy said those concerns were among those raised and dismissed during the administrative hearing. The flooding concerns led Murphy to propose the additional street-side drainage elements required for the issuance of the right of way permit.
Representing the Jordans, attorney Lionel Rubio suggested the street extension would create traffic and parking issues and hinder first responders. Minor said West Manatee Fire Rescue personnel reviewed the plans and had no concerns about Campbell’s home impeding emergency access.
The construction of Campbell’s home would significantly impact the Jordan’s current beachfront view. Wendy Jordan acknowledged they were aware of the permitting challenge when they purchased the home at 107 Elm but were told the challenge would likely succeed. She also said they tried to purchase the vacant lot from Campbell to preserve that undeveloped property.
Commission Chair Carol Carter asked about the impact the street extension would have on the existing wooden walkover bridge and beach access at the end of Elm Avenue.
Murphy said the right of way permit would not grant Campbell the exclusive use of the extended street and street end and pedestrians and motorists could use that portion of the street to access the beach. Murphy said the walkover bridge could be removed and/or relocated depending on the additional drainage elements to be presented by Campbell’s engineer.
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