After months in litigation, the city of Anna Maria has conceded to a property owner’s demands.
Anna Maria Mayor Dan Murphy on March 5 ordered city building official Bob Welch to issue a building permit that had been held up since Sept. 19, 2014. The issuance of the permit ended a six-month lawsuit against the city.
423 Spring Street AMI LLC sued the city for failing to provide a valid reason for denying a permit application to build a residence at 423 Spring Ave.
During a Sept. 22, 2014, emergency meeting, Anna Maria commissioners began a moratorium on dwellings with more than three bedrooms. The commission said projects that had permits would not be affected by the ordinance, but pending applications were subject to the moratorium.
“It stopped everything in the pipeline — all applications that had been submitted and everything that needed to be submitted. The Spring Street application just missed the window,” said Welch.
Demolition and remodeling on the structure had begun in May 2014.
Then, in August of that year, the designer received a message to redesign the plans to include the “50-percent rule” — a rule that ensures homes are in compliance for flood safety standards.
The new designs and application were submitted a month later.
Then the moratorium began.
Attorney Fred Moore, on behalf of 423 Spring Street AMI, requested information and public records from Welch and the city about why the permit for 423 Spring Ave. was denied.
The company then sued the city.
On Dec. 29, 2014, 12th Judicial Circuit Judge Gilbert Smith Jr. ordered officials to produce by Jan. 23 a cause for denial of the plaintiff’s request for public records, reasons for permit denial, failure to issue a building permit and alleged violations regarding the refusal of the building permit.
Welch said the city did issue a permit to build Jan .19, but it was for a smaller home, with three bedrooms. The original plan proposed five bedrooms.
Not satisfied, the plaintiffs continued the lawsuit, demanding approval of the original plan.
Attorney Scott Rudacille, of Blalock Walters, the firm representing the plaintiff, said, “This wasn’t a lack of diligence on the city’s part. This was purposeful.”
Interim city attorney Ricinda Perry requested an extension from Smith, but that was denied.
Smith ordered the city to approve the application for the original five-bedroom plan immediately.
On March 5, Murphy complied, ordering Welch to approve the permit.