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Tag: Gayle Luper

FDEP concludes beach rocks investigation

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

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. 

A neighbor photographed the relocated beach rocks that blocked access to Gayle Luper’s beachfront property on March 31. – Submitted

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.”

FDEP and city investigating relocation of beach rocks

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Florida Department of Environmental Protection (FDEP) and city staff are investigating the recent relocation of large beach rocks that were put in place decades ago to prevent erosion. 

On Tuesday, March 31, a backhoe operator was seen piling the rocks on the west side of the property at 2108 Gulf Drive N., thus blocking access from the cottage to the beach. The cottage and property are part of the Bungalow Beach Resort property owned by Gayle Luper. 

Tire tracks in the sand and disruption of beach areas were apparent following the recent relocation of several large beach rocks. – Leslie Lake | Sun

When speaking to The Sun on April 3, neighboring property owner Dan Ibach said, “My son called me Tuesday and said he was watching a machine piling the rocks in front of the opening of Gayle’s place and he asked me to let her know.” 

Luper’s property was rented to resort guests at the time.

“My son said he watched those people climb over the rocks to get back from the beach,” Ibach said.

According to the city, the Bradenton Beach Police Department received a call reporting the construction equipment on the beach. Code Enforcement Officer Evan Harbus then responded to the call and a neighbor photographed Harbus speaking to the backhoe operator. The nature of that conversation has not been disclosed by the city and a police department spokesperson said a report was not generated.

Code Enforcement Officer Evan Harbus spoke with the unidentified backhoe driver, who neighbors said was moving rocks in front of Gayle Luper’s beachfront property. – Submitted

On April 1, Luper sent an email to Bradenton Beach Building Official Rob Perry that said, “the city then, rightfully so, unblocked the beach access path.”

Luper’s beachfront property is located south of the Seaside at Anna Maria Island Inn, 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.

On March 31, The Sun observed backhoe tire tracks in the sand, extending from the southern perimeter of the Seaside Inn property to Luper’s property. 

FDEP JURISDICTION 

The beach area in question is located seaward of the Coastal Construction Control Line (CCCL), which falls under the jurisdiction of FDEP. 

According to the FDEP website, Florida Statutes charge FDEP with the responsibility of protecting the beach and dune system, establishing the CCCL and regulating construction, excavation, dune vegetation removal and other activities seaward of the CCCL.

According to Florida Statute 161.041, “If a person, firm, corporation, county, municipality, township, special district or public agency desires to make any coastal construction or reconstruction or change of existing structures, or any construction or physical activity undertaken specifically for shore protection purposes, or other structures and physical activity including groins, jetties, moles, breakwaters, seawalls, revetments, artificial nourishment, inlet sediment bypassing, excavation or maintenance dredging of inlet channels, or other deposition or removal of beach material, or construction of other structures of a solid or highly impermeable design upon state sovereignty lands below the mean high-water line of any tidal water of the state, a coastal construction permit must be obtained from the department before the commencement of such work.” 

ROCKS PREVENT EROSION 

Some Bradenton Beach property owners and residents recall a time before the placement of those rocks on the beach, when the S-curve on Gulf Drive, in the area of 22nd Street North, would wash out during storms. 

“I remember when FDEP put those rocks in the S-curve,” Ibach said. “The area used to wash out before the rocks. These rocks were never down this far; they were in the S-curve.”

Several large beach rocks were relocated in the beach areas near the Gulf Drive North S-curve and the Bungalow Beach Resort property. – Leslie Lake | Sun

In her email to Perry, Luper wrote, “When I was very young, visiting Anna Maria Island, the S-curve road next to our rental property at 2108 Gulf Drive North would periodically wash out from storms and hurricanes. FDEP came along decades ago and engineered and installed an entire set of rocks to prevent erosion. These are the rocks in question today.”

When speaking to The Sun, Bradenton Beach Mayor John Chappie said he recalls flooding on that section of Gulf Drive prior to the placement of the rocks. He said the rocks have been an effective barrier. 

ROCKS MOVED

In her letter to Perry, Luper said that following the 2024 hurricanes, a “major developer” moved the rocks using a backhoe during the night. She said rocks were placed east to west between the Seaside property and her property, extending from near the roadway toward the waterline and “effectively expanding and enhancing their usable beach area.”

Luper noted she discovered the rocks that had been moved from the beach and remained directly in front of her property, obstructing beach access in that location.

“We reopened the path once more and it remained accessible until yesterday, March 31st, 2026, when it was blocked again,” Luper stated in her April 1 email to Perry.

“These rocks were installed by FDEP and are owned by FDEP for erosion control and are not private property of the major developer and should not be moved around by him,” Luper wrote. 

“Somehow rocks were moved around on the beach, at the end of 22nd Street,” Mayor John Chappie said at an April 2 city commission meeting. “Two property owners are part of this mix: Mr. Kaleta’s involved, and Miss Luper.”

Chappie said there was not much he could say about the matter, as it is still under investigation. 

“The matter is being investigated by Rob Perry and Evan Harbus,” Chappie said. “They’re gathering information from all involved at this time and there’s not a whole lot I can say. You will be reading about it in the paper.”

Chappie said Perry is taking the lead on the investigation and has notified FDEP. 

“There is a meeting that is scheduled with DEP,” Chappie said. “They will be here on-site with all the parties involved. City staff will be part of the meeting. It’s not open to the public.”

According to Chappie, the meeting with FDEP is scheduled for Wednesday, April 8. On April 9, Chappie, city staff and the city attorney will meet privately to further discuss these matters. 

Commission approves Bungalow Beach Resort major development plan 

Written by Leslie Lake on . Posted in Featured, Holmes Beach.

BRADENTON BEACH – The Bradenton Beach City Commission approved a major development application for the construction of a two-story, 15-room hotel on the Bungalow Beach Resort property at 2000 and 2014 Gulf Drive N. 

“This is a major development application and a letter of no objection within the R-3 (multi-family dwelling) district,” City Planner Luis Serna told the commission during the quasi-judicial public hearing held on Feb. 5. “The applicants are proposing to redevelop a resort that was destroyed during the 2024 hurricanes. The site previously contained a 15-room bedroom resort with multiple ground-level bungalows.” 

After much discussion during the hearing, the commission removed a parking restriction recommended in January by the planning and zoning board. 

The planning and zoning board’s recommended restriction stated, “Parking shall be limited to use by employees and overnight guests of the resort of the site. No other parking by non-overnight guests shall be permitted without prior approval of a special permit, in accordance with the land development code.” 

Commissioner Ralph Cole, Mayor John Chappie, Commissioner Scott Bear, City Attorney Erica Augello and Commissioner Debbie Scaccianoce (participating by phone) conducted a public hearing for the major development application. – Leslie Lake | Sun

Bungalow Beach owner Gayle Luper spoke during the hearing. 

“To say this process has been stressful is an understatement. Having to dispute my own city government after losing 82% of my resort units to hurricanes is something I thought I’d never have to face,” she said. 

“For the last year and a half, since the hurricanes, my rebuild has been blocked, delayed and slow walked at almost every stage,” Luper said. “Requirements have been shifted and new interpretations are being introduced. There has been a pattern of obstruction that has severely harmed my business and undermined my ability to recover.” 

Luper said the financial impact to her business exceeds approximately $5 million and includes the loss of rental income, interest payments, ongoing taxes and insurance, professional fees, attorney fees, loss of increased valuation of the project and general increased costs, including construction.

“That number does not include the value of my time or the huge emotional toll for the potential guests that no longer book with us because they’re uncertain if we will ever open,” Luper said. 

When addressing the recommended parking restrictions that were later eliminated during that day’s hearing, Luper said the parking restrictions that allow only employees and overnight guests greatly reduced the property value.

“Imagine going home tonight and being told you, your spouse or significant other could not park in your own driveway,” Luper said. “There’s no street parking. Your family or friends cannot visit. Vendors, maintenance workers or even any potential rental guests are not allowed to park at your house. Even if someone wants to buy your property in the future, they can’t park on your property to inspect your property.” 

The planning board’s recommended parking restrictions were eliminated from the plan approvals, but the restriction on paid, non-guest, beach parking remains in place.

Luper estimated the loss in value over the next decade could easily reach between $20 million and $44 million. 

She requested the city approve the major development project and issue a letter of no objection. 

“We ask that you strike the parking condition that imposes operational restrictions,” Luper said. “I previously accepted the planning and zoning (board) recommendation only because I had no choice if I wanted to survive financially. This condition exceeds code, creates unequal treatment and interferes with lawful use of our property.” 

Luper has maintained that she has the right to sell resort passes to allow daily use of the beach and resort amenities.

Commissioner Scott Bear expressed concern about resort passes.

In response, City Attorney Erica Augello said, “Day trippers, beachgoers or paid parking – anything other than parking used for this particular site – would be prohibited unless they come back and ask for it. If they want to have day trips, that’s a separate use that they’ll have to come back to the city and ask for it.” 

Luper stated it was not her intent to charge for any resort passes.

“All I want to do is get back to running my business,” she said. 

The commission unanimously approved two motions read by Serna. The first motion was to grant approval for the 15-unit hotel, with the parking condition removed. The second motion was to recommend the city submit a letter of no objection.

Planning board discusses Bungalow Beach parking restrictions

Planning board discusses Bungalow Beach hotel parking restrictions

Written by Leslie Lake on . Posted in Featured.

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

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

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 parking restrictions remain in effect

Bungalow Beach parking restrictions remain in effect

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

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

Written by Leslie Lake on . Posted in Bradenton Beach, Community News.

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