Bradenton Beach commissioners upheld the issuance of a stop-work order on construction at 106 23rd St. N. after determining the nearly complete building might violate the city’s land development code.
City building official Bill Palmer said the permit issued in April 2024 allowed a second structure on the 4,200-square-foot lot but the approval conflicted with zoning requirements.
“In my opinion, (it is) in violation of our land development code,” he said.
According to Palmer, the property already had a single-family home, and he said the addition of an accessory dwelling unit is not allowed.
Palmer also said the new building is 362 square feet — exceeding the city’s 25% accessory structure size limit when compared to the 1,097-square-foot home.
Compounding concerns, Palmer said his office never received elevation certificates or a tie-in survey to confirm compliance with FEMA and city setback rules.
Attorney Scott Rudacille, representing property owner Neal Mores at the Aug. 21 meeting, argued that Mores proceeded in good faith after acquiring the property in 2021. At that time, the lot contained a detached garage with an illegal unit built by a prior owner that former building official Steve Gilbert said must be removed.
According to Rudacille, Mores removed the structure and then worked with Gilbert and an architect to develop plans for a detached building. Those plans were permitted in 2024 by then-building official Darin Cushing.
“The property owner thought they were complying,” Rudacille said, adding, “There’s no nefarious intent here.”
He said the project replaced a noncompliant ground-level building with an elevated structure that otherwise “meets all the city’s requirements in terms of setbacks, lot coverage, (and) height.”
Rudacille asked commissioners to recognize that the property owner was proceeding in good faith and had invested in a project that was more than 80% complete.
Commissioners raised concerns about the project’s compliance with the code, noting that the 4,200-square-foot lot is undersized and the new structure functions as a second home rather than an accessory building.
Palmer confirmed that, if allowed, the structure would require its own address.
Commissioner Scott Bear also expressed concerns about how the city could enforce limits on use, such as preventing the unit from being rented or occupied as a dwelling, while Mayor John Chappie warned that allowing the project to continue could set a precedent.
The commission also acknowledged the city’s liability in forcing the demolition of a structure that had been permitted and inspected.
After discussion, Bear moved to authorize the removal of the stop work order once the building official receives and approves an under-construction elevation certificate and tie-in survey. Commissioner Debbie Scaccianoce seconded the motion, which passed 5-0.
The motion also requires the owner to assume the risk and financial exposure for additional costs incurred and directs staff and the owner or his agent to prepare a proposed resolution addressing the second structure to be reviewed by the commission in September.