ANNA MARIA – The right of way permit application needed to build a beachfront home at 105 Elm Ave. has been reviewed by the Planning and Zoning Board and is headed to the city commission for a final vote.
To build on her undeveloped property, Fedora Campbell needs a city-issued right of way permit to extend the west end of Elm Avenue on city-owned property in an unpaved manner that would provide street access to her driveway.
Elm Avenue currently ends at the driveway of the home at 107 Elm owned by part-time Anna Maria residents Wendy and Robert Jordan. When built for the previous property owner, the home at 107 Elm required a similar city-approved road extension.
The right of way permit sought by Campbell and Gagne Construction was reviewed by the planning board and City Planner Chad Minor on May 16.
After an 80-minute discussion, the board voted 2-2 on board member Bob Carter’s motion to recommend city commission approval of the right of way permit. Board Chairman Dr. Jose Erbella supported Carter’s motion and board members Charlie Salem and Barbara Zdravecky opposed it. Board member David Haddox recused himself from the discussion and vote due to a potential conflict of interest and board member Maureen Cote couldn’t vote because she joined the meeting by phone after Minor gave his staff presentation.
The tie vote means there is no planning board recommendation for the city commission to approve or deny the requested right of way use permit. The permit application is expected to be presented to the commission on Thursday, June 9.
Staff presentation
Minor’s presentation included an overview of the permitting efforts and the pertinent city codes. He also reviewed the zoning and comprehensive plan elements that pertain to Campbell’s property and eight other undeveloped properties on Elm Avenue and elsewhere in the city that share the same Conservation 1 (CON-1) zoning designation.
Minor said the eight remaining undeveloped CON-1 properties could potentially be permitted for development in a similar manner, but each property would have to be evaluated on an individual basis. Those undeveloped CON-1 lots include the 103 Elm property owned by the Jordans and located directly west and seaward of Campbell’s property.
Minor noted outside consultants contracted by the city when the permitting process began several years ago determined 105 Elm to be a buildable area according to city code. He also noted the Florida Department of Environmental Protection (FDEP) has authorized Campbell to proceed with her plans to construct a beachfront home seaward of state’s Coastal Construction Control Line (CCCL).
Minor presented an aerial map that showed the many homes and structures previously built in Anna Maria seaward of the CCCL with FDEP approval.
Minor also noted the city previously approved similar road extensions for residential developments at the ends of Maple Street and Park Avenue.
Gagne presentation
When making the applicant’s presentation, Gagne Construction Office Manager Madison Larkin explained how the desired right of way use permit complies with city codes, citing the applicable codes.
Larkin noted Campbell’s property previously received a determination of buildable area from the city, a letter of no objection from the city and an FDEP permit finalized in 2021.
She said 250 mix would be used as the surface material for the street extension and added that the city-approved right of way permit would be submitted to FDEP for final review.
Campbell attended the meeting but did not speak.
Jordan’s comments
During public comment, Wendy Jordan acknowledged the city has a tough decision to make. She said she’s concerned about losing her current view of the Gulf of Mexico but she and her husband will have to live with the commission’s final decision.
Jordan expressed concerns about preserving the existing dune systems, setting a precedent for additional development along the Anna Maria shoreline. She said they have no plans to develop their property at 103 Elm.
Jordan said the Preserve AMI campaign launched in 2021 in opposition to Campbell’s proposed development was never intended to disrespect anyone involved in the permitting process.
Related coverage
