They drifted into the city hall March 6 for a Bradenton Beach Planning and Zoning Board hearing for a Drift-In AMI project.
And they drifted out.
The public hearing was continued due to a noticing error, which in turn canceled a city commission hearing scheduled later that day.
The hearings were to address permitting disputes surrounding the construction of a covered outdoor bar at 120 Bridge St., Bradenton Beach. The controversy stems from a permit approved by then-city building official Darin Cushing, who was placed on administrative leave Jan. 22 and subsequently ousted from his job.
“There was a technical notice issue that would have prevented the city commission from making a decision on it,” said Robert Lincoln, who sat in as city attorney following city attorney Ricinda Perry’s recusal. “There was an issue that the applicant didn’t put the notice board up on the property.”
Lincoln also said newly hired city staff had not fully reviewed materials to provide an updated report for P&Z and commission members.
Although the public hearings regarding the Drift In’s permitting issues were canceled, owner Derrick Williams addressed commissioners during public comment at the March 6 commission meeting.
“We want to do the right thing and we want to follow the law but the guidance comes from you all,” he said, referring to city commissioners and staff. “The reality is … the risks that I faced and the decision that I made and the speed at which we worked coincide with the opportunity to have a building official. All permits are submitted now.”
“Everything’s been addressed that, again, your employee (Cushing) told me I didn’t have to do,” Williams added, appealing to commissioners to allow his establishment to reopen.
The bar has been closed since last fall due to damages from hurricanes Helene and Milton.
Construction on the tiki hut began after a December 6 permit was approved by Cushing following hurricanes Helene and Milton, replacing a smaller structure with what the original permit application described as a “custom-built authentic chickee hut with a thatched palm roof.”
“My life is being dictated by this. I know there are also businesses that are open right now that aren’t following all the rules that I do and I am the one being punished.”
Cushing’s approval of the permit for the Drift has been a point of contention for the city. According to the Perry, the project should have been classified as a major development, requiring a public hearing due to concerns over city-owned easements and the size of the proposed structure.
That would negate Cushing’s approval, forcing Williams to apply for new permits and incur costs from construction changes. Perry made this determination during a Jan. 16 city commission meeting but later recused herself from further discussions.
Cushing, who was replaced by former county employee Bill Palmer Feb. 15, has defended his approval of the permit, asserting that it was issued correctly and expressing concerns about external pressure to retract his decision.
The city commission rescheduled its public hearing for April 3, with the P&Z set to reconvene April 2.