Plans for a new home at 105 Elm Ave., Anna Maria, are proving to be controversial as permitting moves forward.
Planning and zoning board members voted 2-2 May 16 to recommend city commission approval for a right-of-way use permit that would allow the creation of a public driveway to connect Elm Avenue to the currently undeveloped lot, as well as extend utilities to the property.
P&Z members Dr. Jose Erbella, who chairs the board, and Bob Carter voted to recommend approval.
P&Z members Charlie Salem and Barbara Zdravecky voted “no.”
P&Z member David Haddox recused himself from the discussion and vote due to his acquaintance with one of the involved parties, but he did not name a person.
P&Z member Maureen Cote, who attended the meeting via Zoom, did not join the meeting in time to participate in the vote.
The proposed access drive would be 12 by 68 feet and composed of 12-inch thick rock mixture, aligning with the existing beach access path and a pedestrian bridge.
The public drive would connect to a proposed 2,144-square-foot single-family home at 105 Elm Ave.
Madison Larkin, an office manager for Gagne Construction, the contractor on the permit, said property owner Fedora Campbell has “dreamed” of building a home on the property and would fund the vehicle access and utility lines to connect to the city infrastructure.
Campbell hired Anna Maria-based Gagne Construction to build the home and driveway for $1.635 million, with the contract demanding 50% payment upon entering the agreement and the remainder upon completion.
The Florida Department of Environmental Protection provided a notice to proceed and a permit for the proposed development in June 2020.
While a building permit application has been submitted to the city for the proposed home, only the right-of-way use permit was put before the board.
City planner Chad Minor told board members the applicant requested administrative approval but the item was sent to the P&Z and city commission for consideration due to the sensitivity of the matter.
He did not offer a staff recommendation.
A pair of neighboring residents, Wendy Jordan and David Morris, spoke against the proposed development during public comment.
Jordan, owner of the home at 107 Elm Ave., landward of the Gulffront lot, said Campbell’s proposed home would block her property’s beachfront view and disrupt nearby wildlife. She said she would like to purchase the lot and place it in a conservatory trust.
Jordan, who began funding litigation her neighbors had begun against the proposed development after moving to the city, found herself on the losing side in court after an administrative law judge ruled in 2021 to uphold the FDEP’s 2020 permit for the development.
In response, Jordan began a “Preserve AMI” campaign consisting of signage and advertisements asking city officials to reject permits for the property.
Morris, owner of 108 Elm Ave., said it didn’t make sense that the proposed development did not have the same limitations placed on many of the nearby homes due to their proximity to the coastal construction control line.
Morris added that he believed extending the roadway into the right of way would worsen existing issues with flooding in the area.
Minor said the proposed development was not located within the dune system, which was identified farther seaward by the DEP, so construction should not impact the wildlife it harbors.
City attorney Becky Vose said the varying DEP restrictions for properties in the area could be based on the continuously shifting dune system, which may have been farther inland in the past and resulted in more limitations.
Carter moved to approve the permit.
Salem seconded the motion, which drew a split vote.
The tie vote will be presented to city commissioners when it becomes their turn to consider the right-of-way use permit.
The next P&Z meeting will be at 2 p.m. Wednesday, June 22, at city hall, 10005 Gulf Drive. The meeting will be open to the public. Directions to attend can be found at cityofannamaria.com.