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Street extension tentatively approved for 105 Elm Avenue

Street extension tentatively approved for 105 Elm Avenue

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

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.

Street extension tentatively approved for 105 Elm Avenue
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.

Street extension tentatively approved for 105 Elm Avenue
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.

Street extension tentatively approved for 105 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.

Street extension tentatively approved for 105 Elm Avenue
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.

Street extension tentatively approved for 105 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.

Related coverage

 

Planning board reviews 105 Elm right of way permit

 

Permitting efforts continue for 105 Elm Ave.

Planning board reviews 105 Elm right of way permit

Planning board reviews 105 Elm right of way permit

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

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.

Planning board reviews 105 Elm right of way permit
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.

Planning board reviews 105 Elm right of way permit
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.

Related coverage

 

Permitting efforts continue for 105 Elm Ave.