BRADENTON BEACH – Building Official Rob Perry told city commissioners the Florida Department of Environmental Protection (FDEP) has completed its investigation pertaining to large beach rocks recently being relocated from one beachfront property to another.
During the April 16 city commission meeting, Perry discussed an April 8 site visit from a FDEP field inspector. The genesis of the FDEP site visit pertained to a March 31 incident involving a backhoe operator who was seen piling the rocks on the west side of Gayle Luper’s beachfront property, thus blocking access from the cottage to the beach.
The cottage and property where the rocks were placed are part of the Bungalow Beach Resort property owned by Luper.
Luper’s beachfront property is located south of the Seaside at Anna Maria Island Inn property, which is located at 2200 Gulf Drive N. According to the Manatee County Property Appraiser’s Office, the Seaside at Anna Maria Island Inn property is owned by Tristar Properties Acquisition Prime LLC. The Florida Division of Corporations currently lists Shawn Kaleta as the limited liability corporation’s manager.
The relocated rocks appeared to have been moved from the southern perimeter of the Seaside property to Luper’s beachfront property. The city then facilitated some of the relocated rocks being moved again to provide beach access to and from Luper’s beachfront cottage.
The beach area in question is located seaward of the Coastal Construction Control Line (CCCL), which falls under the jurisdiction of FDEP. After the city received a complaint about the rocks being moved, Perry reached out to FDEP Field Inspector Erin Luaces, who then conducted an April 8 site visit and met with the two property owners.
“She said you need field permits from FDEP to do certain work on the beach,” Perry told the commission. “FDEP allowed us to push it back to the city level, where we could do enforcement. Basically, she let the two property owners know that any more activity on the beach, especially during turtle season, they need a field permit from FDEP, or a permit on the local level, prior to any movement on the beach. Case closed on that one. It was educational and they put it to bed.”
Mayor John Chappie asked for a time line on an FDEP report.
“There’s not going to be a report,” Perry said. “FDEP said don’t move them again and that was it.”
Code Enforcement Officer Evan Harbus said FDEP stated the rock relocation was a civil matter between the two property owners.
Commissioner Deborah Scaccianoce asked about the rocks’ role in beach erosion prevention.
“The rocks are on private property. They have the right to move them. They did this right after the hurricane and I got a complaint,” Police Chief and Public Works Director John Cosby said. “I called Charlie Hunsicker (Manatee County Director of Natural Resources) to look at it and he made the determination that they were on private property.”
Cosby said this boils down to an issue between the two property owners.
“That’s all civil and we’re not getting involved with it,” Cosby said. “We made that very clear to everybody.”
“There was no violation other than they needed a field permit. DEP basically slapped them on the hand and said don’t do it again; and if you’re going to do it again, even though it’s your property, you need a field permit,” Cosby said.
In her April 17 email to The Sun, Luper wrote, “From my perspective, there are still outstanding questions about property boundaries, rock placement and long-standing beach access. I’m aware of the comments made at the meeting, but I have not received any formal written determination from FDEP confirming that the matter is fully closed or resolved.”
