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Planning board discusses Bungalow Beach parking restrictions

Planning board discusses Bungalow Beach hotel parking restrictions

BRADENTON BEACH – After much discussion about allowable parking uses at the Bungalow Beach Resort, the planning and zoning board, on Jan. 7, recommended approval of a major development application for a two-story, 15-guest room hotel to be built at 2000 and 2104 Gulf Drive N. 

Planning board discusses Bungalow Beach parking restrictions
A public hearing notice sign was placed on the resort property. – Joe Hendricks | Sun

Architect John Garra, speaking on behalf of resort owner Gayle Luper, addressed concerns about City Planner Luis Serna’s recommendation to restrict parking at the resort. 

“There was one other section in the staff’s comments that I believe is more stringent than the city’s land development code (LDC) and it’s related to parking,” Garra said, “It’s very limiting to what it says the parking can be used for. The way it was written excludes vendors and guests from parking in the parking lot, which is more restrictive than the LDC.” 

He suggested a better recommendation would be to follow the LDC.

“The way it’s written now restricts the property owner from doing what they rightfully should be able to do,” he said. ”If a vendor is coming in to deliver some products, they can’t park there? The wording is too limiting.”

Garra said the site plan, with 17 parking spaces, meets the city’s parking and loading space requirements.

Planning board discusses Bungalow Beach parking restrictions
Planning and Zoning Board members Bill Morrow, John Burns, Dan Morhaus and Ken McDonough discuss parking restrictions for Bungalow Beach major development application. – Leslie Lake | Sun

Prior to a presentation by Serna, the board members questioned Garra and board member Bill Morrow asked about ingress and egress for the property.

“That is under review by FDOT,” engineer Greg Fisher said. 

Board member John Burns questioned the FEMA regulations for ground-level restrooms on the property.

“That’s a technical detail that’s covered under the Florida Building Code,” Garra said. “It’s not the zoning code necessarily. If you approve this, the onus is on us to make it work under the Florida Building Code.” 

Serna said the FEMA does allow dry flood-proof facilities at ground level in commercial uses. 

“The project will have to go through building permitting, so if you do want to approve it with the condition that it’s approved as long as it meets all the conditions of the Florida Building Code and is able to secure a permit, you can make that a condition of the approval,” City Attorney Erica Augello said. 

SERNA PRESENTATION

Serna read his nine recommendations for the major development site plan approval.

Those recommendations included: a unity of title for parcels on the site; driveway to be subject to final approval by FDOT; meet signs standards of the LDC; no trees located closer than 2.5 feet from the edge of any landscaped area; off-street loading zone not to encroach into five-foot minimum landscaping buffer, maximum impervious area is 40% and compliance can be determined administratively. 

It was the first recommendation, which was related to parking, that was the subject of much debate and it read as follows: 

“Parking for this site (2000 and 2104 Gulf Drive North) shall be limited to use by employees and overnight guests of the resort on this site. No parking for uses off-site (sites other than 2000 and 2104 Gulf Drive North) or for other non-overnight guests shall be permitted without prior review and approval of a special permit for such parking in accordance with the requirements of Section 416.2 of the land development code.”

“The applicant does own properties that are adjacent to this property, and we wanted to clarify parking for those offsite properties will not be permitted on the site you’re considering today unless they get a special permit use. That’s a requirement of the LDC,” Serna said. 

“Also, if there’s any paid parking for people who are not overnight guests or vendors or employees of the facility – a paid parking lot basically – that would require special permit approval as well,” he said. 

He recommended keeping that condition but clarified that vendors would be permitted. 

“I think if you want the conditions in, you put the conditions in. If you want the condition to comply with the code, then you don’t need the condition,” Augello said. “They are required to comply with the code.”

“If we put it in, the commission could take it out,” Burns said. “Let’s leave it in.” 

Vice-Chair Dan Morhaus suggested eliminating the parking condition.

“We shouldn’t try to legislate much more restrictive covenants because that creates a huge problem, not only for enforcement, but if you want to make a change through code enforcement then you have to filter back through a myriad of what kind of special conditions were added on,” he said. “The only recommendation I would make is to eliminate number one.” 

Planning board discussesBungalow Beach parking restrictions
Parking at the Bungalow Beach Resort property remains a point of contention. – Leslie Lake – Sun

Burns asked for a consensus about retaining the parking conditions and Morrow and Ken McDonough also voted to retain them.

“The majority will rule,” Morhaus said. “This is a restriction beyond the building code.”

After reaching 3-1 consensus to retain Serna’s recommended parking conditions (with Morhaus in opposition), the board unanimously approved a motion to recommend approval of the major development plan. Board chair Fred Bartizal was absent with excuse from the meeting. 

The city commission determines final approval and will hold a public hearing on the major development plan on Thursday, Feb. 5, at 6 p.m.

Related coverage:
Bungalow Beach Resort owner objects to parking stipulations
 
Bungalow Beach Resort owner objects to parking stipulations

Bungalow Beach Resort owner objects to parking stipulations

BRADENTON BEACH – Bungalow Beach Resort owner Gayle Luper emailed City Planner Luis Serna to register a protest against the parking stipulations he recommended to the planning and zoning board. 

On Jan. 7, the planning and zoning board (P&Z) voted 4-0 to recommend approval for a major development site plan for Bungalow Beach Resort with the attached parking restrictions recommended by Serna 

Serna’s recommendation to the board stated: “Parking for this site (2000 and 2104 Gulf Drive North) shall be limited to use by employees and overnight guests of the resort on this site. No parking for uses off-site (sites other than 2000 and 2104 Gulf Drive North) or for other non-overnight guests shall be permitted without prior review and approval of a special permit for such parking in accordance with the requirements of Section 416.2 of the land development code.”

Planning board discusses Bungalow Beach parking restrictions
The proposed hotel would be built on the Bungalow Beach Resort property in Bradenton Beach.

The major development plan consists of a 15-guest room hotel with two stories over parking and an outdoor pool area. 

In her Jan. 8 email, Luper expressed appreciation for the approval but placed several objections and legal concerns on the record.

One objection is that the P&Z board exceeded its authority, and she wrote: “The planning & zoning board is an advisory body tasked with reviewing development applications for consistency with the city’s adopted land development code. It is not empowered to create new rules, conditions or operational standards that are not already codified.”

Luper cited Section 410.6 of the city’s land development code (LDC) which governs major development plan applications. 

“Nowhere does it authorize the board to regulate day-to-day parking operations or impose conditions beyond the written code,” she wrote. 

Luper stated that parking restriction is unsupported by the LDC and such standard has never been applied to neighboring hotels.

She stated the parking restriction would apply to the following:

• Architects, engineers, builders, sub-contractors and construction Inspectors.

• Vendors and suppliers.

• Housekeeping and maintenance personnel.

• Prospective guests.

• Investors, bankers or potential buyers.

• Hotel inspectors, media and Realtors.

• Friends or colleagues. 

• Family members, grandchildren or personal guests.

• The owner/operator’s use of their private property.

Luper stated the restriction lacks legal basis and she wrote, “The city has not cited a single code section that prohibits myself, family, guests or professional consultants from parking on private resort property,” she wrote.

Luper stated the restrictions raise due process and property rights concerns under both the Florida Constitution and the U.S. Constitution. 

“Absent a clear code violation or compelling public interest, government cannot selectively dictate who may visit or park on private property lawfully operating as a resort,” she wrote.

Luper stated that she is accepting the parking conditions under protest to the keep the project moving forward.

“I reserve all rights to challenge the condition later – particularly if it is applied in a manner that interferes with lawful use, or treats my property differently from similarly situated properties,” she wrote. 

She asked that her concerns be entered into the official record and be given consideration by city staff, the city attorney and the city commission. 

The city commission is scheduled to hold a public hearing on Luper’s major development application on Thursday, Feb. 5, at 6 p.m.

Related coverage:
Planning board discusses Bungalow Beach hotel parking restrictions 

 

Bungalow Beach pursuing major development plan

Bungalow Beach pursuing major development plan

BRADENTON BEACH – A planning and zoning board public hearing to consider a major development plan for the Bungalow Beach Resort property at 2000 and 2104 Gulf Drive will be held Wednesday, Jan. 7, at 1 p.m. at Bradenton Beach City Hall.

The proposed major development plan consists of a 15-guest room hotel with two habitable stories over parking, and an outdoor pool area. 

The planning and zoning board is a recommending body to the Bradenton Beach City Commission. The city commission will hold a public hearing on the matter on Thursday, Feb. 5, at 6 p.m. 

The meetings will be held in the Katie Pierola Commission Chambers at 107 Gulf Drive N. 

Historical timeline

The property, owned by Gayle Luper and known as Bungalow Beach Resort, has been the subject of quasi-judicial hearings and a lawsuit filed against the city.

During Hurricane Helene, the older, original waterfront cottages at Bungalow Beach Resort were destroyed and subsequently condemned. 

On March 14, Luper opened a portion of the razed parcel lot where the cottages once stood and began charging a resort fee of $50 per car to park and use the adjacent beach area. Code Enforcement Officer Evan Harbus told Luper all parking in that lot must cease, as it was in violation of city code.

Luper maintained that despite the bungalows being destroyed by the 2024 hurricane, the resort’s other two parcels were continually operational and she was entitled to sell resort passes that include parking, as she had done prior to the hurricanes.

Luper said she was advised by the city that she must file a parking permit to continue to charge a resort fee for parking, but she said City Planner Luis Serna advised her that a permit was not necessary.

On April 17, the city commission voted to require Luper to obtain a temporary use permit for parking, with a series of restrictions attached. The restrictions included no overnight parking and no parking past 9 p.m. 

Luper filed a lawsuit against the city on April 25. The city then filed a request for dismissal of the lawsuit. That case remains open, according to the Manatee County Clerk of Court website.

On July 29, the attorneys representing Luper Enterprises and the city presented their opposing arguments regarding the commission’s decision to ban resort fee-based parking at the Bungalow Beach Resort. Special Master Marisa Powers presided over the quai-judicial hearing and later ruled she did not have jurisdiction to override the city’s decision.

Bungalow Beach parking restrictions remain in effect

Bungalow Beach parking restrictions remain in effect

BRADENTON BEACH – Following a July 29 hearing of Luper Enterprises’ appeal of the city commission’s April 17 decision to prohibit resort fee-based parking at Bungalow Beach Resort, special master Marisa Powers ruled on Aug. 11 that she did not have jurisdiction to override the city commission’s quasi-judicial ruling.

“The special magistrate got it exactly right,” said attorney Robert Lincoln, who repre­sented the city at the hearing.

Luper’s attorney, John Anthony, wrote in an Aug. 12 email to The Sun: “Our client (Gayle Luper) wishes to express heartfelt gratitude to the Special Master for the care that went into her handling of the hearing and the rest of the process. However, we believe that the process has produced an error that requires further correction.

“When the federal and state governments have stepped up to help AMI and related coastal communities, the response of the city has been completely shocking,” Anthony wrote. “When so many businesses have found themselves underwater in multiple senses of the word, the City has pushed Ms. Luper underwater even further. This is not a reasonable decision for the City,” Anthony wrote. “The reconsideration order gives too much credit and deference to the City Commission for a decision like this one.”

At issue is the lot where the original older cottages at Bun­galow Beach Resort once stood. Hurricane Helene in 2024 destroyed those cottages and the lot was cleared of debris. Luper said she had been told by the city planner that a permit was not needed to use the lot for parking. On March 14, a portion of the parking lot was reopened for parking at a resort fee-based rate of $50 per car per day. City code enforcement told Luper that parking in the lot was a violation of city code and must cease. On March 16, Luper applied for a temporary parking permit.

At the April 17 quasi-judicial city commission hearing, the commission placed the follow­ing stipulations on the property:

  • Parking at the razed parcels (the lot where the bungalows were) is permitted for a period of one year or 30 days from the issuance of a building permit;
  • Only employees, agents and registered guests of the resort are allow to park at the razed parcels;
  • Parking at the razed parcels is limited to 17 parking spaces per TPLE (Transient Public Lodging Establishment) license;
  • No trailers, recreational vehicles, campers, or buses are allowed to park at the razed parcels and no tailgat­ing, overnight parking, or paid parking shall be conducted;
  • Only employees, agents, or registered guests of the resort are allowed to park at the razed parcels; and
  • Parking at the razed parcels is limited to 7 a.m. to 9 p.m. enforced by a towing service secured by Luper.

Luper Enterprises filed a lawsuit against the city of Bradenton Beach on April 25 and the city filed a request for dismissal of that lawsuit on May 21. The case remains open.

Bradenton Beach requests dismissal of Luper lawsuit

Bradenton Beach requests dismissal of Luper lawsuit

BRADENTON BEACH – The city of Bradenton Beach is asking for a dismissal of an April 25 lawsuit filed against the city by Bungalow Beach Resort owner Gayle Luper.

Attorney Robert Lincoln is representing the city and he filed the motion to dismiss on May 21.

In his motion, Lincoln stated: “Luper improperly seeks declaratory and injunctive relief to attack a quasi-judicial action and decision of the city commission approving her application for a temporary use permit to allow parking on her demolished resort property subject to conditions. Luper attacks both the city commission’s process and decision following its April 17 hearing. Luper alleges the city commission violated her due process rights and violated her parking rights.”

The motion states: “Luper’s sole remedy for attacking the city commission’s quasi-judicial decision is a petition for writ of certiorari (pursuant to state statute). This court may not grant either declaratory or injunctive relief and therefore must dismiss counts I and II with prejudice for lack of subject matter jurisdiction.”

According to the Florida Bar Association, “A petition for writ of certiorari is generally used to review quasi-judicial orders of county, municipal or state agencies that cannot be appealed to the district courts of appeal under the Administrative Procedure Act.”

In his motion, Lincoln stated: “The city commission must, and did, conduct a hearing to consider Luper’s application for a temporary use permit for the razed parcels. The city commission was required to, and did, apply the standards set forth (in the city’s land development code) to Luper’s application and the facts shown at the hearing. Defendant, city of Bradenton Beach, requests the court enter an order dismissing counts I and II and the entire action, with prejudice, for lack of subject matter jurisdiction.”

Hearing and Luper’s  lawsuit

The lawsuit complaint filed by Tampa-based Attorney John A. Anthony on April 25 names Luper Enterprises, Inc. and Coastal Sound Investments LLC as the plaintiffs and the city of Bradenton Beach as the defendant.

Luper’s lawsuit stemmed from a decision by the Bradenton Beach City Commission at an April 17 quasi-judicial public hearing to deny the use of the currently vacant resort property at 2000 Gulf Drive N. for paid parking using a resort pass.

Commissioners questioned the resort pass request for the beachfront bungalows that were destroyed during Hurricane Helene.

During the public hearing, Luper and her attorney, Stephanie Anthony, maintained that as a working resort, a resort pass, which includes parking and access to a private area of the beach, was appropriate because other Luper-owned properties affiliated with the multi-property resort remained operational following the hurricanes.

After a nearly 2.5-hour quasi-judicial hearing in which City Planner Luis Serna recommended denial of the application, city commissioners denied the paid public parking lot application but allowed a temporary use permit for Luper, resort guests and employees to use the lot no later than 9 p.m.

The city commission placed the following restrictions on the property:

  • Parking at the razed parcels (the lot where the bungalows were) is permitted for a period of one year or 30 days from the issuance of a building permit;
  • Parking at the razed parcels is limited to 17 parking spaces, per the city-issued Transient Public Lodging Establishment license;
  • No trailers, recreational vehicles, campers or buses are allowed to park at the razed parcels, and no tailgating, overnight parking or paid parking shall be conducted;
  • Only employees, agents or registered guests of the resort are allowed to park at the razed parcels;
  • Parking at the razed parcels is limited to 7 a.m. to 9 p.m. enforced by a towing service secured by Luper.

 Dispute timeline

Hurricane Helene destroyed many of 14 original Bungalow Beach cottages. The buildings were condemned and by Feb. 1 the razed parcels had been cleared of the demolition debris.

“At this time, Ms. Luper advised the city of her plan to reopen the razed parcels to continue parking in the manner that had been conducted by the resort for over 25 years,” Luper’s complaint states. “Ms. Luper was then advised by the city that she must file a parking permit in order to continue to charge a resort fee for parking.”

Bradenton Beach requests dismissal of Luper lawsuit
The Bradenton Beach City Commission denied Gayle Luper’s request to use her resort property for paid public parking. – Joe Hendricks | Sun

Luper applied online for the permit on Feb. 3 and said she spoke to Serna on Feb. 4 about the proposed plan to reopen the razed parcel for resort-fee parking to the public. She said Serna advised her that he saw no issues with the plan.

“The resort consists of three separate but interconnected areas. The razed parcels acquired in 1999, the duplex parcel (2103 Ave. C) acquired in 1999 and the single-family parcel (2108 Gulf Drive N.), acquired and incorporated into the resort in 2024.”

According to the complaint, the razed parcels have continuously supplied parking, including overflow parking, for operations at all the resort properties.

On March 14, a portion of the parking lot was reopened for parking at the rate of $50 per-car, per-day for 29 parking spaces.

“After parking approximately 14 cars on the morning of March 14, Evan Harbus, in his capacity with the Code Enforcement Division of the city, directed that all parking at the razed parcels cease immediately,” the lawsuit complaint states. “The city’s officials advised that any vehicles violating these instructions would be towed, including vehicles owned by the plaintiffs, vehicles of resort employees, its construction or maintenance-related crews, previous and potential guests and the paying public.”

On March 16, Luper submitted an application for temporary parking.

“The resort, properly permitted to conduct a defined and legitimate business, has never ceased operating even for a day and has continuously charged a resort fee of $50-$59, which included parking,” the complaint states. “The resort charging a resort fee to the public for parking and amenity use is a consistent and well-founded practice employed by several similar resorts in the region, frequently known as a ‘resort pass.’”

Related coverage:
Parking lot owner files lawsuit against city

AMI Chamber awards trolley grants, businesses of the year

AMI Chamber awards trolley grants, businesses of the year

HOLMES BEACH – The Anna Maria Island Chamber of Commerce awarded trolley grants to 18 local organiza­tions and announced three business of the year award winners during a ceremony at the Key Royale Golf Club clubhouse on Jan. 23.

AMI Chamber awards trolley grants, businesses of the year
Local business owners Adrienne Cardinale, Donna Woodruff, Jason Luper (front row), Frank Galati, Rick Cardinale, Marife Bryan and Gayle Luper accepted the Chamber’s business of the year awards. – Joe Hendricks | Sun

LaPensee Plumbing, Pool and Air owner Karen LaPensee served as the evening’s master of ceremonies, assisted by Chamber President Terri Kinder.

The annual trolley grants are funded by a portion of the advertising revenues gener­ated by the businesses that advertise on the trolley buses that Manatee County Area Transit operates on Anna Maria Island at no charge to trolley passengers.

When applying for the annual trolley grants, local organizations propose a specific use or project and an estimated cost. A panel of Chamber board members interviews each applicant and determines who receives a grant and the grant amount. The differing grant amounts are based on the request and the surplus advertising revenues available, which this year totaled nearly $18,000.

This year’s grant recipients included Anna Maria El­ementary School, the Anna Maria Island Art League, the Anna Maria Island Garden Club, the Anna Maria Island Historical Society, the Anna Maria Island Privateers, Anna Maria Island Turtle Watch and Shorebird Monitoring, the Annie Silver Community Center, the Artists’ Guild of Anna Maria Island, the Cortez Village Historical Society, Friends of the Florida Maritime Museum, Friends of the Island Library, The Island Players, the Kiwanis Club of Anna Maria Island, the Roser Food Pantry, Roser Memo­rial Community Church, the Rotary Club of Anna Maria Island, The Center of Anna Maria Island and Wildlife Inc.

Businesses of the year

Shore Thing Tiki Cruises is the chamber’s large business of the year, Bungalow Beach Resort is the medium-sized business of the year and Slicker’s Eatery is the small business of the year.

AMI Chamber awards trolley grants, businesses of the year
Rick Cardinale, Adrienne Cardinale and Frank Galati accepted the award given to Shore Thing Tiki Cruises. – Joe Hendricks | Sun

When accepting the large business award, Adrienne Cardinale, joined by her husband, Rick, and Capt. Frank Galati, thanked the Chamber and said, “If it wasn’t for the networking events, the support and the ambas­sadors who really helped us integrate with the Island and the other business owners, we wouldn’t be where we are today. We started from scratch and we’re super-thankful for the award.”

AMI Chamber awards trolley grants, businesses of the year
Marife Bryan, Gayle Luper and Jason Luper accepted the award given to the Bungalow Beach Resort. – Joe Hendricks | Sun

The Bungalow Beach Resort in Bradenton Beach sustained signifi­cant hurricane damage and several ground-level bungalows built in the 1930s were destroyed.

When accepting the award, Jason Luper said, “This is amazing and we’re very honored. We’re able to rebuild and we’re excited to keep the soul of Anna Maria Island with what we have.”

His mother, Gayle Luper, said, “We’re very thankful for this and we’re thankful for the Chamber. Our new project, we call it ‘old Florida with modern durability.’ We’ll keep the reclaimed wood and ambiance and even though it’s going to be a brand-new building, it’s still going to have the ‘old Florida’ look.”

AMI Chamber awards trolley grants, businesses of the year
Donna and Bill Woodruff accepted the award given to Slicker’s Eatery. – Joe Hendricks | Sun
AMI Chamber awards trolley grants, businesses of the year
Brandon Rolland, Chris Ferrero, Abby Coller and Brianna Sandstrom received the Slicker’s Eatery award the following day. – Joe Hendricks | Sun

Slicker’s Eatery in Cortez sustained significant flood damage during the hurricanes and had not reopened as of last week, but their reopening is expected soon. Owner Bob Slicker couldn’t attend the ceremony because he was recovering from surgery, so Donna Woodruff accepted the award on his behalf. When contacted the following day (his 118th day of closure) Slicker expressed his gratitude for winning the award despite being closed for four months.

“Since we first dreamt of building our own little family eatery, we promised to keep things local and keep kindness at the forefront. It has never been about competition or getting rich. We still haven’t stopped working, serving and growing and we’ve never been known to give up. Simply put, we care about people and people care about us,” Slicker said.

Dr. Katie Fradley and Jen Serra represented the Anna Maria Elementary school. - Joe Hendricks | Sun

Dr. Katie Fradley and Jen Serra represented the Anna Maria Elementary school. - Joe Hendricks | Sun

Marilyn Margold and Gale Tedhams represented the Anna Maria Island Art League. - Joe Hendricks | Sun

Marilyn Margold and Gale Tedhams represented the Anna Maria Island Art League. - Joe Hendricks | Sun

Renita Bertoluzzi and Kathy Morgan represented the Anna Maria Island Garden Club. - Joe Hendricks | Sun

Renita Bertoluzzi and Kathy Morgan represented the Anna Maria Island Garden Club. - Joe Hendricks | Sun

Kris Martinez represented the Cortez Village Historical Society. - Joe Hendricks | Sun

Kris Martinez represented the Cortez Village Historical Society. - Joe Hendricks | Sun

Anna Juarez and Karen Bell represented the Friends of the Florida Maritime Museum. - Joe Hendricks | Sun

Anna Juarez and Karen Bell represented the Friends of the Florida Maritime Museum. - Joe Hendricks | Sun

Rebecca Gill and Judy Rupp represented the Rotary Club of Anna Maria Island. - Joe Hendricks | Sun

Rebecca Gill and Judy Rupp represented the Rotary Club of Anna Maria Island. - Joe Hendricks | Sun

Jillian Ptak and Chris Culhane represented The Center of Anna Maria Island. - Joe Hendricks | Sun

Jillian Ptak and Chris Culhane represented The Center of Anna Maria Island. - Joe Hendricks | Sun