Nicola “Nicky” Hunt, owner of 303 Pine Ave. in Anna Maria, has plenty of tenacity.
At an April 28 meeting, Anna Maria commissioners rejected for the second time in the last 12 months a plea from Hunt that the commission refund all or most of the $10,400 she and husband Robert paid in 2010 for a retail-office-residential building permit at 303 Pine Ave.
The Hunts paid for the permit in January 2010, but Hunt said they halted development of the project until the city solved its Pine Avenue parking issues. They were concerned because their parking plan, although legal when the site plan was approved, would not conform to the city’s new Pine Avenue parking requirements.
The permit, which required work to commence within six months, lapsed in July 2010 because there was no “good faith” work, building official Bob Welch said.
Welch said the request is the “first time I ever had someone ask for a refund and I’ve seen many building permits expire.”
Hunt asked for at least a portion of the money because, in her opinion, the city has done very little work on the project.
Commissioner Dale Woodland suggested the city “do what’s fair” and approve a 50 percent refund.
Commissioner John Quam suggested a 10 percent refund.
But Commission Chair Chuck Webb said it was the Hunts who opted not to begin development after they got their permit. The city was not at fault and did not owe a refund, he said.
Commissioner Jo Ann Mattick agreed with Webb, saying the city did not arbitrarily decide to halt the project.
Mattick’s motion to deny the request was approved 4-1, with Woodland voting no.
No also to boat dock variance
Commissioners unanimously rejected a variance request by Edwin and Karen Hasler to extend their boat dock at 517 Blue Heron Drive into Bimini Bay by 66 feet beyond the legal limit to allow a boat to reach the dock at low tide.
The dock issue began in 2008, when then-owner Jake Martin submitted a variance request for the extended dock. But the city learned its jurisdiction ended at the water’s edge and it was up to Manatee County to permit the boat dock.
It took the city nearly two years to get legislative approval to incorporate portions of Bimini Bay into the city limits. In the interim, Martin constructed a short boat dock on the property and sold the house to the Haslers.
Martin disclosed the outcome of his appeal for a longer dock when he sold the house, and the problem of docking or returning to the dock after time on the water persists.
At low tide, said engineer Jeff Hostetler, there’s not enough water in the bay to lower a boat from the present dock location and maneuver the boat without damaging seagrasses in the area.
Hostetler’s arguments about the riparian rights of the owners were heard, but commissioners still denied the variance.
Webb said that there was no hardship — a requirement for a variance — because a dock already exists on the site and everyone with a dock has to deal with tides and Mother Nature.
Commissioners agreed the Haslers would have to wait for a high tide to launch their boat, just like many others who have a boat and dock on Blue Heron Drive and in adjacent areas of Bimini Bay.
The planning and zoning board had recommended against the variance.
In somewhat of a unique request for Anna Maria, the commission unanimously approved a request by David and Candace Ridley of 109 and 111 Sycamore to lower density on their property by reducing the four lots there into two lots.
Attorney Ricinda Perry said there is one house on the property.
The request was unanimously approved without opposition.
Tax incremental funding
Former Mayor Fran Barford discussed tax incremental funding with commissioners and said she had spoken to Manatee County administrator Ed Hunzeker who told her an interlocal agreement on TIF “is doable” between Anna Maria and the county.
Barford noted that in her four years as mayor, she often heard complaints that much of the property tax paid by city residents to Manatee County never comes back to the city.
While the normal solution is a community redevelopment authority to direct tax money paid in a municipality toward specific projects, Barford suggested the city can work with the county on an agreement.
Under TIF, the city earmarks specific projects and the county takes money directly from the city’s tax base and places it into a restricted account for city use.
“It sets aside specific Anna Maria tax money for specific Anna Maria projects,” the former mayor said.
Bradenton Beach has a CRA plan in place and Barford noted how many improvements and projects that funding plan has accomplished.
Commissioners approved the suggestion to have Barford meet with Mayor Mike Selby to develop the goals, objectives and specific projects of a city TIF plan and report back to the commission.
If approved, Barford would take the proposal to Hunzeker for county approval.
Cell tower solution
Selby noted that there has been considerable discussion recently on both sides of the issue about a cell tower in Anna Maria.
The mayor said it’s only a matter of time before a company becomes serious about building a tower.
Selby said he spoke recently with Bradenton Beach Mayor Bob Bartelt and that city has retained a company called the Center for Municipal Solutions to handle cell tower applications.
The company earns payment from the fee paid by a communications company and from the carriers that apply for a tower location.
Commissioners unanimously agreed to have Selby set up a presentation as soon as possible. The mayor said he was “shooting” for a May 12 work session with the company.