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.
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.
