Holmes Beach is engaging in a property swap.
Commissioners unanimously voted to approve the first reading of an ordinance that would see the city vacate the right of way adjacent to 202 35th St.
The property’s primary potential use by the city would be to extend Fourth Avenue.
In exchange for the right of way, the city would receive two small lots, 8,543 square feet total, of beachfront property, in front of the vacated parcel.
William McGinnis, the prospective buyer of the four-unit rental property at 202 35th St., along with Richard and Shelley Wheeler, the current owners, want to place a dune system on the property that would be deeded to the city to reduce erosion. The Florida Department of Environmental Protection would need to approve the project.
Commissioners expressed concern that the property owner would have more to gain from the transaction than the city.
McGinnis plans to tear down the rental units and build a single-family home, about 3,000 square feet, with an additional 975 square feet of outdoor porches. According to Bradley Ellis, attorney for the current and prospective property owners, about 10 feet of the proposed pool deck would extend into the right of way, creating the need for the vacation request.
Adding square footage to the property also will allow McGinnis a larger living area in the home.
Commissioner Marvin Grossman said he would like the proposed dunes to be moved closer to the edge of what would be the city property to improve beach access rather than provide a screened beach for the property owner.
“As drawn, if the dune is on the coastal erosion line, then the entire lot, 100 feet, will not be able to be used by the public because it will be part of the dune,” city attorney Patricia Petruff said. “Both lots become unusable to the public.”
Contractor Brent Whitehead of Whitehead Construction addressed the issue, saying approval of the dune by the DEP is likely. Whitehead agreed with commissioners that the dunes could be moved inland.
Ellis agreed to leave the dune design up to the DEP and present an amended drawing when the ordinance comes up for its second reading.
Public access to the beach and Gulf of Mexico is provided by a path through the dunes and vegetation on an adjacent city right of way. The path currently ends on the beachfront lots being purchased by McGinnis. Ellis said a benefit to the city would be legal public path to the city property.
Ellis and McGinnis also agreed to provide assurance to the city the property would be developed as a single-family residence, not a rental property.
Commissioner Jean Peelen suggested a deed restriction, an idea that was rejected by Petruff.
“There’s some leeway there,” Petruff said, adding it could be a sticky situation for the city in the future.
“The assurances are there,” Ellis said.
In the draft ordinance, vacation of the property is conditional. If the property owner does not meet the requirements, then the right of way reverts to the city. As a part of the conditions of vacation, Ellis and McGinnis agreed to add the construction provision.
The ordinance will have a final reading and public hearing at 7 p.m. Tuesday, Feb. 23, at city hall, 5801 Marina Drive, Holmes Beach.
We use this beach access when visiting for spring breaks as our rental unit is next door to the unit in this story. Does anyone know if the beach will still be accessible at the end of March there and when this demolition/rebuild is scheduled to start? Thank you in advance for any info as I did not see that in the story.
You might be better served by contacting your rental agency — or the Holmes Beach building department. The beach is always accessible — one way or another. And the building schedule is dependent on permitting. Apparently, the sale is contingent on the city trade off… and it doesn’t appear to me to be a fair trade. — Bonner Joy