ANNA MARIA – Fedora Campbell is one step closer to building her long-desired beachfront home at 105 Elm Ave.
During an emergency city commission meeting on July 21, the Anna Maria Commission voted 5-0 in favor of granting final city approval of the right of way use permit that will allow Gagne Construction to extend Elm Avenue at Campbell’s expense.
The unpaved extension of Elm Avenue will provide a driveway connection and utilities access to the three-story home to be built on Campbell’s property, but the city-issued permit must first be reviewed and approved by the Florida Department of Environmental Protection (FDEP).
On June 9, the city commission tentatively approved Campbell’s right-of-way use permit request with the stipulation that final commission approval would be contingent on additional drainage elements to be designed and installed in the city right of way at Campbell’s expense to address existing and future flooding concerns at that street end.
Several years ago, Elm Avenue was extended in a similar unpaved manner – minus the additional drainage components – to provide driveway access for the beachfront home built at 107 Elm Ave. The west end of the avenue currently ends near the driveway of the 107 Elm Ave. home that North Carolina residents Wendy and Robert Jordan purchased in 2021. There is also a beach access point and a walkover bridge at that street end.
Commissioner Robert Kingan, left, praised the plans presented by Madison Larkin. – Joe Hendricks | Sun
During Thursday’s meeting, Gagne Construction Office Manager Madison Larkin presented the plans for the additional drainage components previously requested by the commission. Larkin said the proposed drainage elements resemble the vertical infiltration trenches the city recently had installed along Pine Avenue.
The right-of-way improvements will also include the installation of a 3-foot-wide beach access along the north side of the city right of way that will connect with a trail that now leads to the beach. The walkover bridge will be removed and replaced with sea oats and/or other FDEP-approved native vegetation.
“This is a fantastic site plan,” Commissioner Robert Kingan said after Larkin’s presentation. “I’ve seen thousands of site plans during my career and I really want to applaud you for this. The new access to the beach is going to be much narrower than what’s there now, so we’re going to have a net gain of natural vegetation.”
Kingan then noted there are other undeveloped beachfront properties that could potentially be developed in a similar manner.
“This is a great site plan – a great blueprint if ever we face this sort of situation again,” he said.
The west end of Elm Avenue currently ends near a beach access point and the driveway for the home at 107 Elm. – Joe Hendricks | Sun“This is a great site plan – a great blueprint if ever we face this sort of situation again,” he said.
Commissioner Mark Short asked if any of the city-owned rights of way would become privately-owned property during the street extension and right of way improvement process. City Planner Chad Minor said the improved right of way will remain city-owned and accessible to anyone.
Adjacent properties
Commissioner Jon Crane said he recently visited the Zillow website and saw the undeveloped property at 103 Elm listed for sale. Currently owned by the Jordans, the 103 Elm property is located directly seaward of Campbell’s property.
The Jordans purchased 103 Elm in April 2021, a few weeks after they purchased the home at 107 Elm. During that same timeframe, they were unsuccessful in their efforts to purchase Campbell’s undeveloped property at 105 Elm which would have preserved their mostly unobstructed view of the beach and the Gulf of Mexico.
Fedora Campbell’s home will be built in front of the existing beachfront home at 107 Elm Ave. – Joe Hendricks | Sun
Crane asked if the right of way permit being issued to Campbell for the extension of Elm Avenue would preclude future access to the 103 Elm property should a future owner wish to develop that property.
In response, Mayor Dan Murphy said he didn’t think that question could be addressed at this time because there hasn’t been a request to develop that property and because it has not yet been determined whether 103 Elm is considered to be a buildable or non-buildable lot according to city code.
“Those are questions that would have to be answered. Then we could discuss how that would be accessed,” Murphy said.
Regarding the impact of Campbell’s right-of-way permit, Murphy said, “This doesn’t preclude anything. It’s an improvement to city-owned property and it doesn’t address access to 103 at all. It only addresses 105. I don’t think we can take an official position on that one way or another and I think it’s a slippery slope if we do.”
The Zillow.com listing for 103 Elm says, “Unique opportunity to purchase the last remaining most seaward buildable lot at the prestigious north end of Anna Maria Island. 110 feet of white sand frontage with uninterrupted panoramic ocean views. Recent state and city precedents have opened up this site for an owner to creatively design a beautiful beach house, casita or something more contemporary.”
After a recent commission meeting, Wendy Jordan told The Sun that she and her husband would consider selling the home at 107 Elm if Campbell’s right of way permit was approved. That home is currently listed for sale at Zillow.com with a $6.3 million asking price. According to the Manatee County Property Appraiser’s Office, the Jordans purchased the home from Graham Hanson in April 2021 for $4 million. The Jordans purchased the vacant lot at 103 Elm from Steven Decker for $500,000 and the current Zillow listing for that property includes a $1.65 million asking price.
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.
This planning document illustrates where the driveway and street extension would be located. – Gagne Construction | Submitted
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.
Fedora Campbell’s undeveloped property is located directly in front of Wendy and Robert Jordan’s beachfront home. – Joe Hendricks | Sun
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.
Neighboring property owner David Morris expressed concerns about flooding. – Joe Hendricks | Sun
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.
Fedora Campbell’s undeveloped property is located directly in front of Wendy and Robert Jordan’s beachfront home. – Joe Hendricks | Sun
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.
The existing beach access and walkover bridge will need to be reconfigured to accommodate the westward extension of Elm Avenue. – Joe Hendricks | Sun
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.
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.
This diagram illustrates in red where the new home would be built and in blue where Elm Avenue would be extended to provide driveway access. – City of Anna Maria | Submitted
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.
The red line in this diagram represents the Coastal Construction Control Line and illustrates the many structures already built seaward of that line. – City of Anna Maria | Submitted
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.
UPDATED May 10, 2022 – ANNA MARIA – A silt fence has been erected on the undeveloped beachfront property at 105 Elm Ave., reigniting interest in an ongoing permitting process.
Bradenton resident Fedora Campbell owns the beachfront property at 105 Elm Ave. Permitting records obtained from the city of Anna Maria list Greg Gagne as the permit applicant and the Anna Maria-based Gagne Construction firm as Campbell’s contracted construction company.
The recent appearance of the silt fence does not mean the proposed construction has been fully permitted by the city and the city commission. Elm Avenue does not currently extend to Campbell’s property. Elm Avenue currently ends near the driveway for the home at 107 Elm owned by Wendy and Robert Jordan.
A city-issued right of way permit would be required for the construction company to install an unpaved, shell-covered extension of Elm Avenue in the city right of way which would then provide access to the 105 Elm driveway. The city-owned right of way at the west end of Elm Avenue also serves as a beach access entrance. On April 20, the Anna Maria Building Department received a right of way access plan from Gagne Construction.
The unpaved portion of Elm Avenue currently ends near the Jordan’s driveway and the beach access entrance. – Joe Hendricks | Sun
On May 1, The Sun asked Anna Maria Mayor Dan Murphy about the recent installation of the silt fence.
“No vote has taken place regarding the use of the city-owned right of way. A permit to build the house has been submitted and is pending review. Meanwhile, before a permit can be reviewed, the property needs to submit soil bore samples for analysis. A silt fence is required to do the soil bore. Hence, a silt fence is up at the property,” Murphy said.
“No permits have been issued. As it stands now, no permit will be issued until the right of way issue is run by the Planning and Zoning Board for comment and then taken to the city commission and either approved or rejected. If the commission approves the right-of-way permit, then the Florida Department of Environmental Protection must also review and either reject or approve the permit request. If all approve, then a permit can be issued,” Murphy said.
Driveway access
According to Section 114-421 of the city code of ordinances, “Generally, with the exception of the planting of grass or 250 filter mix, no encumbrances of any kind, such as trees, bushes, rocks, stones, plantings, pea gravel, crushed shell, etc., shall be placed or constructed on the right-of-way within 8 feet of the edge of pavement without the written approval of the director of public works and a majority of the members of the city commission.”
Building Director George McKay issued this right of way permit for 107 Elm Ave. in 2007. – City of Anna Maria | Submitted
On Nov. 14, 2007, then-Public Works Director George McKay approved a right-of-way work permit related to the construction of a home at 107 Elm. That permit references an “extension of driveway.” An accompanying document dated Nov. 21, 2006, references a “road extension in right of way” and noted the materials used to extend Elm Avenue to provide access to 107 Elm were to consist of #250 sand mix, FDOT screenings mix or filter mix. That permit resulted in Elm Avenue being extended without the use of asphalt or concrete. McKay’s administrative issuance of the 2007 right of way permit was not presented to the city commission for approval.
The site plan for 105 Elm proposes a driveway that connects to an unpaved extension of Elm Avenue. – City of Anna Maria | Submitted
The need for a city commission-approved right-of-way permit was the subject of a memo that Campbell’s attorney, Kevin Hennessey, sent to the Anna Maria Building Department on April 20. Hennessey’s memo prompted a written legal opinion in the form of a memo from Anna Maria City Attorney Becky Vose, which she sent to Murphy and Hennessey on April 26.
In his memo, Hennessey cited Section 114-604 of the city code of ordinances which states, “The director of public works is authorized to approve an application/permit for right of way utilization which is in compliance with this article. After approval of an application/permit by the director of public works and payment of the required fee by the applicant, a copy of the approved application/permit will be issued to the applicant.”
Hennessy’s memo stated, “It is our position that the city code allows for administrative approval, by city staff, of the proposed right of way improvements, without the need for approval by the planning and zoning board or the city commission.”
Hennessey’s memo stated, “It is also the experience of Gagne Construction that the city has never previously made it a requirement to go in front of the city commission or planning and zoning board to get approval of a similar access/driveway work in a city right of way. The city’s public records also show that the driveway approval for the 107 Elm Ave. home, which similarly was in the Elm Avenue right of way, did not require city commission approval. The owner of 107 Elm Ave. did go before the city commission for a setback variance, but nothing in the agenda or minutes reflect any discussion of the right of way permit. Mr. Gagne also called Mr. Whitehead, who was part of the permit process for the 107 Elm Ave. property. Mr. Whitehead said the city commission meeting was not a part of the requirement for the right of way permit.”
A city-issued right of way permit has been requested for the use of the city-owned right of way that also serves as a beach access point at the west end of Elm Avenue. – Joe Hendricks | Sun
In her memo, Vose stated, “Mr. Hennessey concludes that an administrative approval of his application is necessarily justified. I disagree with Mr. Hennessy. The authority of the director of public works to approve an application/permit for right of way utilization is limited to instances when such utilization ‘is in compliance with this article (Section 114-601).’ The section really begs the question of whether the application/permit should be granted.”
In 2017, Murphy restructured the city’s building, planning and code enforcement departments and reassigned McKay to serve as the city’s building department coordinator. Murphy assigned Dean Jones to serve as public works manager, a title Jones still holds. McKay is now an hourly employee in the city’s building department.
In her memo, Vose stated, “It should be noted that the position of director of public works is currently a vacant position. In the absence of a director of public works, the authority that would be vested in such director is actually exercised, if at all, by the mayor. Even if there were currently a director of public works, the provision that ‘the director of public works is authorized to approve an application/permit for right of way utilization which his compliance with this article’ does not mandate that the director of public works necessarily take such action, particularly due to the provisions of Section 114-421, requiring the approval of both the director of public works and a majority of the members of the city commission under certain circumstances with appear to apply here.
“In this instance, due to the possible far-reaching effects of this decision, the public scrutiny relating to this subject and the provisions of Section 114-421, the mayor, acting in the stead of the director of public works, has chosen not to make this decision himself, but rather refer it to the city commission to make that decision,” Vose stated in her memo.
“It is my opinion, that under current conditions, the city commission does have the authority to make the decision as to the approval or denial of the application for right of way permit. It is my understanding that the city will schedule your application to be heard before the planning and zoning board for a recommendation, then schedule your application to be heard before the city commission for final decision,” Vose stated in her memo.
The 105 Elm Ave. right of way use permit is scheduled for discussion at the Monday, May 16, planning and zoning board meeting at City Hall at 2 p.m. The meeting will be open to the public.
Regarding the right of way permit approval process, Murphy said, “As our city attorney interpreted the code, the director of public works only has authority over 8 feet of the right of way in front of a residence. In this case, we’re looking at approximately 70 feet of right of way and the right of way is public property and the city is the guardian of that public property. Hence, that’s the reason an employee cannot give away public property for public use. That’s a matter for the commission to decide.”
Coastal construction concerns
Through their North Carolina-based WAJ Rustic Vacations LLC, the Jordans bought the beachfront home and property at 107 Elm for $4 million on April 1, 2021. On April 23, the Jordans then bought the undeveloped 103 Elm property from Steven Decker for $500,000. The 103 Elm property is located seaward and west of Campbell’s property.
On July 6, 2021, Wendy Jordan sent Murphy an email that referenced the Jordans’ efforts to also purchase the 105 Elm property.
“We first offered the lot owner $2 million dollars for her lot; she is 83 years old. She asked for $2 million and we met to set the closing and then she turned it down,” Jordan stated in her email.
In that email, she also stated, “For those who immediately say, ‘You are only worried about your view.’ Of course I am worried about my view. We paid for a view and it is in jeopardy of change that will ruin the wildlife.”
Wendy and Robert Jordan’s beachfront home at 107 Elm Ave. currently has a mostly unobstructed view of the beach and the Gulf of Mexico. – Joe Hendricks | Sun
The Jordans have publicly opposed the construction of a new home at 105 Elm through the Preserve AMI website and public awareness campaign they launched a few months after purchasing their new home. According to the Preserve AMI website, the Jordans and some of the other Preserve AMI supporters are also concerned that allowing Campbell’s home to be built seaward and west of the state of Florida’s Coastal Construction Control Line (CCCL) would establish a precedent regarding the development of other undeveloped properties seaward of the Coastal Construction Control Line.
On June 25, 2020, the Florida Department of Environmental Protection provided Campbell with a notice to proceed and a permit for her desired construction activities at 105 Elm Ave.
On Aug. 3, 2020, attorney David Levin filed a petition for a formal administrative hearing with the Florida Department of Administrative Hearings (DOAH). Levin filed that petition on behalf of potentially impacted property owners David Morris, Ling Liu, DAR Real Estate Enterprises and Richard Theidel. The Jordans did not own the 107 Elm property at that time.
“Campbell’s proposed structures do not comply with the applicable requirements and are not eligible for a CCCL permit. Petitioners seek a final order revoking Permit No. ME-1341,” Levin stated in his petition.
In response to that request, administrative law judge Francine Ffolkes later presided over a six-day DOAH hearing. On June 7, 2021, Ffolkes issued her written recommended order which stated: “It is hereby recommended that DEP enter a final order granting Campbell’s application for a CCCL permit to construct a single-family residence and associated structures seaward of the CCCL.”
These plans illustrate what the proposed residential structure at 105 Elm would look like. – City of Anna Maria | Submitted
On July 20, 2021, Interim FDEP Secretary Shawn Hamilton signed the final order that formalized Ffolkes’ recommended order. The final order provided a 30-day appeal period. On Aug. 12, 2021, the Jordans filed three notices of appeal regarding Hamilton’s final order, but at the advice of Levin, they later decided to stop their appeal process.
ANNA MARIA – Bradenton resident Fedora Campbell is moving forward with her plan to build a three-story, single-family home on her undeveloped beachfront property at 105 Elm Ave.
“There has been so much notoriety about proposed construction at 105 Elm in our Con 1 (Conservation) Zone,” Mayor Dan Murphy told city commissioners on Feb. 10, referring to objections by neighbors that the project would block their Gulf views. “It’s not appropriate this afternoon to weigh in on this. I just want to you be cognizant of the fact that late last week we received a building permit application to do construction in that lot at 105 Elm and that it’s under review.”
Murphy did not provide any additional details regarding the city permitting process.
The building permit application obtained from the city clerk’s office was signed by Campbell and lists Greg Gagne as the permit applicant and Anna Maria-based Gagne Construction as the construction company.
The construction agreement between Campbell and Gagne Construction references the construction of a new single-family home and driveway and a $1.635 million contract price that calls for 50% payment upon acceptance of the agreement and the remaining balance due upon completion of the construction project.
The 105 Elm Ave. site plan refers to a proposed Elm Avenue extension. – City of Anna Maria | Submitted
A site plan included in the permitting documents refers to an area identified as “Proposed Elm Avenue,” which indicates a desire to seek from the city an extension of Elm Avenue that would provide for a driveway connection and vehicular access to the 105 Elm property that currently has no such access. The drainage plan refers to a driveway connected to a proposed shell-covered portion of Elm Ave. If approved by the city, the extended portion of Elm Avenue would be located on a currently undeveloped, unpaved city-owned right of way that includes a beach access path.
The 105 Elm Ave. drainage plan proposes a driveway connected to a shell-covered portion of Elm Avenue. – City of Anna Maria | Submitted
Section 114-421 of the city code of ordinances addresses prohibited uses within city-owned rights of way and the need for city commission approval to encumber a city-owned right of way: “Generally, with the exception of the planting of grass or 250 filter mix, no encumbrances of any kind, such as trees, bushes, rocks, stones, plantings, pea gravel, crushed shell, etc., shall be placed or constructed on the right-of-way within 8 feet of the edge of pavement without the written approval of the director of public works and a majority of the members of the city commission.”
Neighbors opposed
Elm Avenue currently ends near the driveway of the beachfront home at 107 Elm Ave. that Wendy and Robert Jordan purchased for $4 million in April 2021.
The Jordans oppose Campbell’s proposed development because it would obstruct their existing view of the beach and the Gulf of Mexico. The Jordans disagree with a 2021 Florida Department of Environmental Protection (FDEP) ruling in which an administrative law judge upheld the building permit FDEP previously issued in 2020 for the construction of Campbell’s home seaward of the state’s Coastal Construction Control Line (CCCL).
The Jordans’ opposition includes the still-active Preserve AMI campaign publicity launched in 2021 with the assistance of family friend and advertising and creative resource, Patrick Coyne. The campaign initially included yard signs and newspaper advertisements urging Murphy and other elected officials to “Do the right thing” regarding any future permitting decisions made at the local level.
On June 25, 2020, FDEP provided Campbell with a notice to proceed and a permit for her proposed construction activities. The FDEP approval allowed those whose substantial interests may be affected by the department’s action to petition for a formal administrative hearing.
On Aug. 3, 2020, attorney David Levin filed a petition for such a hearing with the Florida Department of Administrative Hearings (DOAH) on behalf of potentially impacted property owners David Morris, Ling Liu, DAR Real Estate Enterprises and Richard Theidel. This administrative action took place before the Jordans bought the home at 107 Elm.
“Campbell’s proposed structures do not comply with the applicable requirements and are not eligible for a CCCL permit. Petitioners seek a final order revoking Permit No. ME-1341,” Levin stated in his filed petition.
These architectural drawings provide a side view of the proposed residential construction. – City of Anna Maria | Submitted
In response to the petitioners’ request, administrative law judge Francine Ffolkes presided over a six-day DOAH hearing. On June 7, 2021, Ffolkes issued her written recommended order, which stated, “It is hereby recommended that DEP enter a final order granting Campbell’s application for a CCCL permit to construct a single-family residence and associated structures seaward of the CCCL.”
On July 20, 2021, Interim FDEP Secretary Shawn Hamilton signed the final order that formalized Ffolkes’ recommended order. The final order provided a 30-day appeal period. According to an FDEP spokesperson, no appeal was sought.
On July 6, 2021, Anna Maria Building Official Luke Curtis sent an email to Murphy that referenced two previous building area determinations made by two different third-party firms in 2017 and 2018.
“The buildable area determinations confirm that the lot located at 105 Elm is a buildable lot as per city code, but that the final determination would be made by the FDEP,” Curtis stated in his email. “Prior to any building permit being accepted by the building department, a development permit, along with a site plan – including but not limited to access to the property, sewer, water and electric utilities – will need to be considered and approved by city commission.”
ANNA MARIA – Despite opposition to the Florida Department of Environmental Protection (FDEP)’s approval of construction on a vacant beachfront lot, no one has yet requested a judicial review of the approval.
On Tuesday, July 20, FDEP issued a final order regarding an administrative challenge to a construction permit and notice to proceed that FDEP issued to 105 Elm Ave. owner Fedora Campbell in 2020.
“The final order granting Fedora L. Campbell’s application for a Coastal ConstructionControl Line (CCCL) permit to construct a single-family residence and associated structures seaward of the CCCL on Anna Maria Island in Manatee County, Florida is approved subject to the general and specific conditions set forth within the permit,” states the final order signed by interim FDEP Secretary Shawn Hamilton.
According to the FDEP website, “The Coastal Construction Control Line Program regulates structures and activities which can cause beach erosion, destabilize dunes, damage upland properties or interfere with public access. CCCL permits also protect sea turtles and dune plants.”
FDEP’s final order notes that any party to this proceeding has the right to seek a judicial review of the final order by filing a notice of appeal with the department in the Office of General Counsel within 30 days.
When contacted by email on Thursday, July 29, FDEP spokesperson Jon Moore said, “A judicial review has not been filed in this matter.”
According to the city of Anna Maria, no additional applications for city-issued building permits were received last week regarding 105 Elm Ave.
Elm Avenue and the existing utilities connections currently end near the driveway of the home at 107 Elm Ave. recently purchased by Wendy and Robert Jordan. The Jordans oppose the development of 105 Elm Property, in part because it would obstruct their existing beachfront view.
The Jordans’ Preserve AMI campaign also expresses concerns about a potential precedent being established regarding the development of additional undeveloped lots seaward of the coastal construction line in Anna Maria and elsewhere along the Anna Maria Island shoreline.
Previous permit activity
On Jan. 15, 2020, Gagne Construction President Dan Gagne sent a letter to Anna Maria Building Official Luke Curtis regarding the proposed development of 105 Elm Ave.
“Attached, please find proposed construction plans for a new single-family residence at 105 Elm Ave. Please provide me with a letter of no objection that will be submitted to the Department of Environmental Protection indicating the proposed project does not contravene local setback requirements or zoning codes,” Gagne’s letter stated.
One day later, a building permit application seeking a letter of no objection was stamped as received by the city, as was a residential building and impervious coverage calculation worksheet regarding Campbell’s property.
These previously submitted plans illustrate the proposed residential development sought for the 105 Elm Ave. property. – City of Anna Maria | Submitted
On Jan. 23, 2020, City Planner Chad Minor sent a letter to Rolando Gomez, permit manager for FDEP’s CCCL program. Minor’s letter stated the proposed construction of a single-family home at 105 Elm “has been reviewed and does not contravene the city of Anna Maria local setback requirements of the zoning code.”
Minor’s letter also noted 105 Elm Ave. is located in a Conservation 1 (CON-1) zoning district.
According to the city of Anna Maria’s current code of ordinances, “The CON-1 district is intended to limit development in areas considered vital to the maintenance of water resources, areas of unique or valuable topographic or subsurface features and areas of significant environmental or ecological importance.
“Areas within the CON-1 district should be either preserved or conserved, depending on conditions existing on the lot. Land within the CON-1 district may be appropriate for single-family residential development and related passive recreational facilities in limited circumstances,” the code states.
“Development and development activity within the CON-1 district shall be based upon a determination that the property contains a buildable area appropriate for the proposed development,” according to the code of ordinances.
On Feb. 14, 2018, then-building official David Greenbaum sent a letter to Joel Christian, a senior scientist with the E Co Consultants firm. Greenbaum’s letter pertained to whether 105 Elm was considered a buildable lot according to city code.
“A review of the two reports demonstrates that there is a buildable area on the lot located at 105 Elm. This letter is to confirm that the city of Anna Maria is approving the applicant applying to the Florida Department of Environmental Protection for their determination of buildable area for the lot located at 105 Elm. The city has determined that the request for a determination of buildable area to DEP would not contravene the city of Anna Maria regulations,” Greenbaum stated in his letter.
On July 6, 2021, Anna Maria Building Official Luke Curtis sent an email to Mayor Dan Murphy regarding the potential development of 105 Elm Ave.
“Prior to any building permit being accepted by the building department, a development permit, along with a site plan including but not limited to access to the property, sewer, water and electric utilities, will need to be considered and approved by city commission,” Curtis noted in his email to Murphy.
ANNA MARIA – In a move that critics label “rogue,” the Florida Department of Environmental Protection (FDEP) will allow Fedora Campbell to build a beachfront home seaward of the Coastal Construction Control Line (CCCL).
On Tuesday, July 20, FDEP issued its final order regarding Campbell’s 2020 development request for her vacant beachfront property at 105 Elm Ave.
“The final order granting Fedora L. Campbell’s application for a Coastal Construction Control Line (CCCL) permit to construct a single-family residence and associated structures seaward of the CCCL on Anna Maria Island in Manatee County, Florida is approved subject to the general and specific conditions set forth within the permit,” according to the final order, signed by interim FDEP Secretary Shawn Hamilton.
Interim FDEP Secretary Shawn Hamilton issued the final order regarding 105 Elm Ave. – FDEP | Submitted
The order notes that any party to the proceeding has the right to seek judicial review by filing a notice of appeal with the Office of General Counsel in Tallahassee within 30 days.
The order does not allow Campbell to seek recovery of the attorney fees she incurred as the result of the administrative challenge posed by some neighboring property owners.
Campbell’s undeveloped lot is located seaward of the beachfront home at 107 Elm Ave., which North Carolina residents Wendy and Robert Jordan purchased for $4 million in April through their WAJ Rustic Vacations LLC. Wendy Jordan was born and raised in Florida.
The Jordans’ home is currently the most seaward home on that side of Elm Avenue and the construction of a new home at 105 Elm Ave. would at least partially obstruct their existing view. According to an email that Wendy Jordan sent Anna Maria Mayor Dan Murphy, the Jordans were unsuccessful in their recent efforts to purchase Campbell’s property for $2 million.
However, according to the official records of Manatee County, the Jordans did successfully purchase from Steven Decker the undeveloped lot at 103 Elm Ave. for $500,000. 103 Elm is seaward of Campbell’s property, which is now positioned between two properties owned by the Jordans.
Judge recommends order
FDEP’s order references a recommended order that Administrative Law Judge Francine Ffolkes issued on June 7. Ffolkes’ ruling was the result of a multi-day formal administrative hearing she conducted on behalf of the Florida Division of Administrative Hearings (DOAH).
In her written recommended order, Ffolkes stated, “Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that DEP enter a final order granting respondent Campbell’s application for a CCCL Permit to construct a single-family residence and associated structures seaward of the CCCL.”
The administrative hearing was requested by petitioners David Morris, Ling Liu, DAR Real Estate Enterprises and Richard Theidel in opposition to the FDEP construction permit and notice to proceed issued to Campbell in June 2020. The Jordans also oppose the FDEP permit but they are not named as petitioners in Ffolkes’ recommended order or FDEP’s final order.
“The structure authorized by FDEP’s CCCL (Coastal Construction Control Line) permit will substantially advance seaward the established line of existing construction,” the petitioners claimed in the petition for a formal administrative hearing filed on their behalf in August 2020.
“Petitioners specifically allege that as presently designed and authorized by Permit No. ME-1341, Campbell’s proposed structures do not comply with the applicable requirements and are not eligible for a CCCL permit. Petitioners seek a final order revoking Permit No. ME-1341,” that 2020 document states.
City permits required
The development of Campbell’s vacant lot at 105 Elm Ave. will still require city-issued building permits. As of Friday, City Clerk LeAnne Addy said the city had not received a building permit application for that property.
On July 6, Anna Maria Building Official Luke Curtis sent an email to Mayor Dan Murphy regarding the potential development of 105 Elm Ave. Curtis’ email noted that previous determinations provided by separate consulting groups in 2017 and 2018 confirm that 105 Elm Ave. is a buildable lot according to city code.
Despite being considered a buildable lot, the development of 105 Elm could still be hindered by the fact that Elm Avenue currently ends near the Jordans’ driveway and does not provide direct access to Campbell’s property.
In his email, Curtis stated, “Prior to any building permit being accepted by the building department, a development permit, along with a site plan including but not limited to access to the property, sewer, water and electric utilities, will need to be considered and approved by city commission.”
Preserve AMI
Assisted by Patrick Coyne, the Jordans recently launched the Preserve AMI campaign that addresses the Jordans’ efforts to preserve their own beachfront view while also addressing larger-scale concerns about the impact the FDEP ruling could have on many other undeveloped beachfront properties along Anna Maria Island’s Gulf of Mexico coastline.
This map illustrates the many undeveloped beachfront properties near Elm Avenue. The Jordan property – with the house – and the vacant Campbell lot are highlighted in blue. – Manatee County Property Appraiser | Submitted
The PreserveAMI.com website contains an online petition that’s been signed by more than 1,000 people. The website also contains a video in which land surveyor Jeff Hostetler explains the permitting dispute and how the Jordan’s home was built for the previous owner according to the CCCL restrictions that existed in 2012.
When contacted about FDEP’s final order, Coyne declined comment and directed The Sun to the Preserve AMI website which now includes the headline: “Florida Department of Environmental Protection did not do the right thing!”
The website also states, “This rogue ruling could now start a destructive domino effect that could destroy our beloved AMI beaches, dunes, history, wildlife and tradition forever.”
In reference to Murphy and the Island’s other elected officials, the website says, “Now the solution to save our city of Anna Maria dunes and existing healthy ecosystem by stopping this new Florida DEP precedent is in Mayor Dan’s hands and all of our other local city of Anna Maria elected officials. Let’s see if they feel the same as we do about pushing new boundaries of construction into our dunes that the FDEP has until now protected.
“This is not just a local 105 Elm Ave. issue. This is an Anna Maria Island issue. Bradenton Beach Mayor John Chappie and Holmes Beach Mayor Judy Titsworth, please unite with Dan to help protect and preserve all of Anna Maria Island,” the website states.
It also states, “Tell Florida’s DEP Secretary to do the right thing.”
Signs, signs
The Preserve AMI campaign includes signs placed at and near the Jordans’ home. A visit to that area on Thursday, July 22, revealed two Preserve AMI signs alongside the Jordans’ driveway and another erected alongside the Elm Avenue beach access pathway. All three signs referenced Mayor Dan doing the right thing.
This Preserve AMI sign was recently placed alongside the Elm Avenue beach access walkway. – Joe Hendricks | Sun
According to Anna Maria Code Enforcement Manager Debbie Haynes, the signs are legally placed on private property, but the Jordans were previously cited and fined $250 for a campaign-related sign placed on their property that exceeded the size allowed by the city’s sign ordinance.
According to a recent email exchange between Wendy Jordan and Murphy, the Jordans have requested a private meeting with Murphy. As of Friday, an in-person meeting had not yet been scheduled because the Jordans had been unavailable. In one email, Jordan noted Murphy is unwilling to conduct the meeting remotely via Zoom video conferencing.
When contacted by The Sun, Murphy declined to comment publicly on these matters. The Sun’s efforts to obtain comments from Campbell and her associates have not yet garnered any response.
ANNA MARIA – Homeowners Wendy and Robert Jordan recently launched the Preserve AMI campaign, in part to protect their mostly unobstructed view of the beach and the Gulf of Mexico.
The campaign also addresses wider-reaching concerns about the potential impacts of a pending Florida Department of Environmental Protection (FDEP) permitting ruling. The Jordans and some of their supporters fear the anticipated ruling could establish a precedent allowing construction seaward of the Coastal Construction Control Line (CCCL), which in turn could impact beach dune systems, sea turtles and other wildlife.
The Jordans own and operate the North Carolina-based Jordan Lumber & Supply company and several other timber-related businesses. In April, they purchased the beachfront home at 107 Elm Ave. for $4 million through their North Carolina-registered WAJ Rustic Vacations LLC.
According to the city of Anna Maria clerk’s office, the home was previously registered as a vacation rental, but that’s no longer the case since the change in ownership.
Before the Jordans’ purchase, some neighboring property owners had already filed a petition for a formal administrative hearing in opposition to a 2020 FDEP permitting decision regarding the vacant lot at 105 Elm Ave. Owned by Fedora Campbell, that property is one of two undeveloped lots located between the Jordans’ home and the Gulf.
FDEP is expected to rule this week as to whether the vacant lot seaward of the Jordans’ beachfront home can be developed. – Joe Hendricks | Sun
On Feb. 13, 2020, an application was submitted to FDEP on Campbell’s behalf seeking to construct a single-family residence on her property. On June 25, 2020, FDEP provided Campbell and her associates with a notice to proceed and a permit for construction or other activities. The FDEP notice stated those whose substantial interests may be affected by the department’s action could petition for a formal administrative hearing.
On Aug. 3, 2020, attorney David Levin filed a petition for a formal administrative hearing with the Florida Department of Administrative Hearings (DOAH). Levin filed that document on behalf of petitioners David Morris and Ling Liu (owners of 108 Elm Ave.), DAR Real Estate Enterprises LLC (owners of 109 Sycamore Ave.) and Richard Theidel (owner of 100 Sycamore Ave.).
“On or about June 25, 2020, petitioners became aware that permit number ME-1341 had been issued to a neighbor authorizing the construction of a new single-family residence at 105 Elm Ave.,” according to the petition for hearing document that named Campbell and FDEP as respondents.
“The structure authorized by FDEP’s CCCL (Coastal Construction Control Line) permit will substantially advance seaward the established line of existing construction. By way of example, immediately adjacent and to the east of Campbell’s proposed residential structure is a single-family residential structure at 107 Elm Ave. Said residence was authorized by FDEP permit number ME-919 to be constructed to the existing line of construction. According to the CCCL plan submitted with Campbell’s application, the residence at 107 Elm Ave., and hence the established line of existing construction, is 270 feet and 249 feet seaward of the CCCL, north and south respectively. Petitioners specifically allege that as presently designed and authorized by Permit No. ME-1341, Campbell’s proposed structures do not comply with the applicable requirements and are not eligible for a CCCL permit. Petitioners seek a final order revoking Permit No. ME-1341,” according to the petition for hearing.
Recommended order
In response to the petitioners’ request, administrative law judge Francine Ffolkes presided over a DOAH hearing that occurred during six days this past February.
According to the DOAH website, Ffolkes was assigned to DOAH’s environmental and specialization districts in 2017. Before that, she served as deputy general counsel in charge of FDEP’s litigation section.
In June, DOAH administrative law judge Francine Ffolkes issued an order recommending that FDEP grant Fedora Campbell’s development request. – DOAH | Submitted
On June 7, Ffolkes issued her recommended order regarding the FDEP permit issued for 105 Elm Ave.
“Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that DEP enter a final order granting respondent Campbell’s application for a CCCL permit to construct a single-family residence and associated structures seaward of the CCCL,” Ffolkes stated in her written recommended order.
On June 29, Wendy Jordan sent a lengthy email to Anna Maria Mayor Dan Murphy and all five city commissioners in which she stated, “We learned before closing that our property was involved in litigation between several contiguous waterfront neighbors. We gladly joined the fight. We first offered the lot owner $2 million for her lot. She asked for $2 million and we met to set the closing and then she turned it down.”
Regarding Ffolkes’ recommended order, Jordan’s email noted petitioners had 15 days to respond to what she referred to as “the unbelievable ruling.”
Jordan’s email also said, “For those who immediately say, ‘You are only worried about your view,’ of course I am worried about my view. We paid for a view and it is in jeopardy of change that will ruin the wildlife.”
When contacted on Thursday, July 15, an assistant in Ffolkes’ office who wished to remain anonymous said FDEP can follow, modify or discard the judge’s recommended order, and she wasn’t aware of a final order being issued.
On Friday, July 16, The Sun received an email response from FDEP Press Secretary Alexandra Kuchta that said, “The department will issue a final order in this case on or before July 22.”
City permits also needed
If permitted by FDEP, the development of 105 Elm would also require building permits issued by the city of Anna Maria.
On July 6, Anna Maria Building Official Luke Curtis sent an email to Murphy regarding that property.
Curtis’ email referenced a determination of buildable area report for 105 Elm that the Environmental, Consulting & Technology (ECT) firm provided the city in February 2018, before the current dispute ensued.
His email noted the ECT report said, “This buildable area determination should only be considered a preliminary determination to ensure consistency with the city’s zoning regulations, but the extent of development on this lot will ultimately be decided by FDEP.”
Curtis’ email noted the ECT report said, “The parcel was previously situated much closer to the Gulf of Mexico relative to its current position. The significant transition in the beach profile is due to beach renourishment projects that were initiated in 2002 in an effort to remediate major erosion along the shoreline. FDEP will need to evaluate whether the lot would be considered primary dunes which are subject to more restrictions.”
Curtis’ email states the buildable area determinations provided by ECT – and a separate report provided by the ECO consulting group in 2017 – both confirm 105 Elm is a buildable lot per city code.
Elm Avenue ends near the Jordans’ driveway and does not currently provided direct access to 105 Elm. – Joe Hendricks | Sun
Elm Avenue currently ends near the Jordans’ driveway and does not provide direct access to 105 Elm Ave.
“Prior to any building permit being accepted by the building department, a development permit, along with a site plan – including but not limited to access to the property, sewer, water and electric utilities – will need to be considered and approved by the city commission,” Curtis noted in his email.
