BRADENTON BEACH – Following commission approval of temporary use parking lots in the footprint of the planned Bridge Street resort hotel/restaurant/retail complex, commissioners discussed applications for paid parking lots in residential zones.
Building Official Darin Cushing said the city received four applications for temporary parking lots in areas that are zoned residential. The city Land Development Code prohibits parking lots in residential zones, he said.
Hotel developer Shawn Kaleta submitted temporary use permit applications for parking lots at 207 Church Ave., 206 Bay Drive N., 205 First St. N. and 102 Third St. N. The proposed duration of the permits is from Feb. 1, 2024 through Feb. 1, 2026.
Cushing said the new applications came in with drawings similar to the applications submitted by Kaleta for parking on 101 and 105 Bridge St. along with 219 Gulf Drive S. and 106 Third St. S. The difference, he said, is that one of the lots is in the C-2 zoning district and the others are in the R-3, or residential, zone.
“When they applied for the temporary use permit for this one we were just talking about, they brought in four more applications,” Cushing said. “There’s one for the lot on Third Street that was mentioned that popped up and also there are two back-to-back lots on Church and Bayview – both on the side of the marina – and then also for the lot currently used as a parking lot at the Pines (Trailer Park).
“We do need parking, that’s for sure, but at the same time we make sure it’s done properly,” Cushing said.
“I don’t think it’s proper for us to discuss, because it’s an upcoming item; it just came in,” Mayor John Chappie said.
Evelyn Stob, who lives on Third Street North, spoke during the public comment session of the discussion.
“There are two additional spots. I assume they were all zoned R-3 and continue to be zoned R-3. R-3 does not allow parking,” Stob said. “I’d like you to seriously consider those before you grant any type of additional parking, because I’ll be honest with you, it depreciates my home value.”
The lot Stob was referring to is at 102 Third St. N., a home that was, according to tax records, purchased for $1,150,000 in February 2023. The property owner is listed in tax records as 102 3D Street LLC.
Stob said the home was demolished and set up for parking.
“They’re all set up to go. Doesn’t this seem a little backwards?” Stob asked. “Can I just start throwing that up in my front yard? It’s something for you to consider.”
Stob said she did not want her home to be surrounded by parking lots.
“What is the status on the applications for those properties?” Chappie asked Cushing. “The hotel property is after the fact. They’ve already put stuff in there. With the other parking lots that we haven’t reviewed yet, we’re telling them you have to shut it down.”
Chappie said if the rules aren’t followed, the commission has no choice.
“The zoning dos and don’ts are pretty clear, and I don’t know how we can continue to allow the illegal activities in those areas,” Chappie said. “It does create a negative with the surrounding residential neighborhood.”
There are areas in city regulations where an applicant can make an application to change the rules, he said.
“It’s not a free-for-all,” Chappie said. “We have to follow the rules and regulations. We can’t start making exceptions for anybody because then you open a can of worms. It’s not right, it’s not fair and it’s not the way the system is supposed to work.”
Commissioner Ralph Cole noted that there is a process that should be followed to make exceptions to zoning.
“There has to be public notice, to go through the process,” Cole said. “I don’t think we should break our own rules to give an exception. When they purchased these pieces of property they knew what the allowable uses were.”
“They could apply for a variance, that’s a whole process that takes months,” Cushing said. “It has to happen before the lots are installed. These are already up and running, they have kiosks. It’s the cart before the horse at this point.”
“I don’t think we have much choice but to put a stop and desist on this,” Chappie said. “It’s not legal according to our rules and regulations. I don’t see any way around it.”
City Attorney Ricinda Perry said it’s premature at this point because there is not an application for the commission to act upon.
“We don’t have the application, so we’re not in a position to act on it,” Perry said. “They can defend why they are not in violation of our code, and we can look at it at that time.”
“If you as a mayor find a violation, you can direct staff to look into it,” Perry said. “It appears that code enforcement would be that mechanism if it’s a violation of a code.”
Cushing said parking facilities have been put in place without any type of permit and letters from the city went out to the property owners saying the parking lots have to be removed.
“Since the time the letters went out, we’ve received applications,” Cushing said. “The letters went out a week ago.”
“It was instructed (in the letters) what they needed to do to become compliant,” Bradenton Beach Police Chief John Cosby said. “That’s why you’re getting the applications now. It needs to come back to the commission to make the decision.”
Perry advised the commission to let the process play out until the applications are reviewed.
