William McGinnis can’t build the Gulffront house he has planned without incorporating the adjacent right of way.
And he can’t do that unless the city vacates the right of way and dedicates it to him.
McGinnis, who is under contract to purchase 202 35th St. in Holmes Beach — just a few blocks south of the Manatee Public Beach — from Richard and Shelley Wheeler, plans to tear down the existing four-unit vacation rental and build a single-family home.
The problem is the lot McGinnis is buying isn’t large enough for the structure he wants to build.
The land, located in the R-4 zoning district, is 10,019 square feet, according to Manatee County property records. With the city’s allowance of 30 percent building coverage, McGinnis could build a 3,005-square-foot house and 1,002 square feet of decks and driveway.
McGinnis’s plans call for a structure with 2,900 square feet of air-conditioned space and 975 square feet of porches, for a total of 3,875 square feet.
Without the conditional land vacation, McGinnis’s house is too large for the lot.
The 50-by-100-foot right of way — 5,000 square feet — would give McGinnis a sufficient lot-to-living-area ratio. The entire project would take up 5,925 square feet of of the allowed 6,000 square feet of impervious surface for the combined lots.
If the vacation request passes on final reading Feb. 23, the city will receive ownership of two beachfront parcels in the exchange.
The two vacant parcels, being purchased by McGinnis along with 202 35th St., are seaward of the city right of way. Though the parcels combined equal a 8,543 square foot lot, the permanent erosion control line — established by the 1992 beach renourishment project — passes through the two lots. The land seaward of the ECL can never be improved and the square footage of the lots cannot be attributed by McGinnis toward building a larger house.
As a condition of the exchange, McGinnis offered to construct a dune system at the ECL.
But commissioners had an issue with the proposed dune during their Feb. 9 discussion, because it would cut off the public from the beach access path.
The plan would create a private beach alcove for McGinnis, shielded from view by the dunes.
Commissioner Marvin Grossman requested McGinnis present commissioners with a new plan, putting the dune closer to the house, to increase the public space and provide access to the existing path.
“I want the public to have access,” he said.
Commissioners unanimously approved the first reading of the vacation with the added conditions that the dunes be moved toward the proposed house and McGinnis agree to only use the added square footage to configure the square footage on his plans, not build on it.
After the right of way and the existing lot are combined, the lot size would be sufficient to build the maximum 10-unit structure allowed in the R-4 zone.
Once the request to vacate is approved, McGinnis has to meet all of the conditions or the property reverts to the city. Conditions of the vacation include building the dune structure, maintaining public beach access through the existing path, deeding two beachfront parcels to the city and giving the city a 15-foot-wide underground utility easement on the former right of way.
The final reading and public hearing on the vacation was set for 7 p.m. Tuesday, Feb. 23, at Holmes Beach City Hall, 5801 Marina Drive, after press time for The Islander.
Commissioners will next meet for a work session at 7 p.m. Thursday, Feb. 25, at city hall.