It was a meeting of the attorneys March 22 during a public hearing on a proposed ordinance to vacate a section of the Second Avenue right of way at the beach.
Holmes Beach commissioners unanimously voted to deny the request to vacate a 50-foot section of Second Avenue south of 39th Street, but not before hearing from legal experts.
This was the second occasion in recent years an application for vacation of this section of right of way has been denied by the city.
Attorney Stephen Thompson spoke on behalf of the applicant, who owns a multi-unit vacation rental property adjacent to the subject vacation, the right of way at 105 39th St.
Thompson said when his client purchased the property, it was assumed the city would vacate the right of way because the right of way to the south was vacated.
City attorney Patty Petruff said the previous land vacation could not be considered as precedent because it occurred before the city adopted a 2009 ordinance prohibiting the vacation of city-owned land with direct access to the Gulf of Mexico.
City planner Bill Brisson recommended denying the vacation. His reasons included potential public use of the space, its proximity to the Manatee Public Beach and objections from Manatee County and other nearby property owners.
The county owns a small, triangular-shaped beachfront lot adjacent to the area that is proposed by the applicant for vacation. The county lot would have been landlocked — without public access — if the commission approved the vacation.
Attorney Mitchell Palmer attended on behalf of Manatee County to speak against the land vacation.
“If you all are in doubt about whether this violates the city’s comprehensive plan, you should vote no,” he said.
Petruff agreed with Brisson and Palmer that the county parcel would have no access to a road or right of way if the vacation was approved.
“I see no benefit here to the city to vacating this piece of land,” Commissioner Jean Peelen said. “I don’t hear a good reason why it should be done.”
Commissioners will meet at 7 p.m. Tuesday, April 12, at city hall, 5801 Marina Drive, Holmes Beach.
