Progress takes time.
Special master proceedings have begun for a zoning dispute in Bradenton Beach, but testimony was continued to April 17.
In 2016, resident John Metz initiated a lawsuit against Bradenton Beach.
Metz complained to Bradenton Beach city officials in March 2016 about a fourplex in the C-2 zone at 308 Gulf Drive S.
The property was purchased by George and Wendy Kokolis in September 2014.
Metz, who is a member of the city planning and zoning board, contends the grandfathered non-conforming use was discontinued after the fourplex was left unoccupied more than 18 months and, according to the city land-development code, the Kokolises shouldn’t have been issued a permit to remodel the units.
Metz filed suit after the city turned down his request for a special master hearing.
Twelfth Circuit Judge Gilbert Smith Jr. granted Metz the special master hearing in an Aug. 11, 2016, order.
Following the order, the Kokolises opted to intervene in the case to weigh-in on issues with remodeling their property.
Attorney Lisa Gonzalez Moore served as special master.
At the March 13 hearing before Moore, Metz was questioned by his attorney, Nelon Kirkland of Harrison & Kirkland, P.A., of Bradenton and cross-examined by Bradenton Beach city attorney Ricinda Perry and the attorney for the Kokolises, Robert Lincoln, P.A., of Sarasota.
Additionally, appraiser Richard Bass of Bass Fletcher & Associates, who had appraised the property for Metz in April 2015, was questioned.
During the hearing, Kirkland said when the city instituted its comprehensive plan, it had a vision for the future that was established through the land development code.
“The city said there are certain things we don’t want to continue if they ever go into a non-use state,” Kirkland said.
However, Lincoln said the permit to remodel was issued under the previous LDC and his clients’ testimony would prove the property was not left unoccupied.
During his testimony, Metz said he is concerned the building has two parking spaces for four units, which, based on his past experience, would impact his neighboring property. He said the current LDC requires nine spaces for the property.
Metz claimed the property was uninhabitable during renovations, as it was stripped of appliances by previous owners.
Additionally, he said the city violated the Federal Emergency Management Agency’s rule restricting remodeling to 50 percent of a structure’s appraised value. He said the city allowed improper expansion of a non-conforming use.
He said the property appraisal the Kokolises gave the city is inaccurate: it is missing pages and does not account for structural damage and age.
In April 2015, Metz hired Bass to appraise the property because he thought the existing appraisal was too low. Bass testified the structure value is lower than listed in the appraisal submitted to the city, and an accurate appraisal would have limited the remodel.
According to Bass’s appraisal, the Kokolises would have been limited to about $58,000 in repairs instead of the $69,000 permitted.
The first part of the scheduled time for the hearing expired following Bass’s testimony and it was continued to April 17.
In an interview with The Islander following the hearing, Metz said parking remains his biggest concern.
“Mrs. Kokolis has spent a lot of money on a building that could hold 16 people but has two parking spaces,” Metz said. “And there is no property she could expand to and add parking unless she lifts the structure.”
He said smaller lots, such as 308 Gulf Drive S., were platted before the city was incorporated and, with current setbacks, building on them requires a special variance.
Metz said he wants the structure declared abandoned, that it cease to be residential, and that it should conform to current zoning.
The C-2 zone — general commercial district — is intended to provide for medium-intensity office, retail and service uses and allows for special exception uses, according to the LDC.
“Depending on what happens, there could be another hearing in circuit court,” Metz said.
The continuation of the special master hearing was set for 9:30 a.m. Monday, April 17, at Bradenton Beach City Hall, 107 Gulf Drive N.