Holmes Beach commissioners voted 4-1 Feb. 23 to vacate a portion of Fourth Avenue to an adjacent private property owner.
Chair Judy Titsworth dissented. Commissioners Marvin Grossman, Pat Morton, Jean Peelen and Carol Soustek voted for the vacation.
After much discussion, all but Titsworth agreed the land swap offered by the applicant, which gives the city two small beachfront lots, was in the community’s interest.
Turning over the 50-by-100-foot right of way increases the lot William McGinnis is contracted to buy at 202 35th St. by 5,000 square feet, allowing him a larger four-bedroom single-family home with a pool where there is now a four-unit rental complex.
McGinnis’s attorney, Bradley Ellis, submitted plans to commissioners, showing 10 feet of deck space extending over the original lot line onto Fourth Avenue.
The two lots the city will receive are seaward of the vacated portion of Fourth Avenue.
To sweeten the deal for the city, McGinnis made the vacation conditional. Conditions that must be met before the vacation becomes official include:
• Providing the city a 15-foot wide underground utility easement.
• Rebuilding the dunes on the city property.
• Providing an easement or deed over the westernmost portion of the vacated property to the city for a bicycle path if needed.
Finally, the terms include a prohibition of a habitable structure on the vacated right of way.
McGinnis also agreed to a 10-year deed restriction preventing him from renting his property. Should the property be sold, city attorney Patricia Petruff assured commissioners the deed restriction would transfer with new ownership.
Commissioners considered putting off the final reading due to the tardy receipt of a final drawing from Whitehead Construction for the proposed dune.
Previous drawings showed the dune being built close to the seaward edge of the city property line, shutting of public access to most of the beach property and creating more area for a private beach for McGinnis.
The final drawing showed the dune moved closer to the inland property line, with a second line of dunes near the seaward line, and the extension of a beach access path along the length of the two lots.
Commissioner Marvin Grossman agreed with city planner Bill Brisson that the space between the two dune lines would provide a sheltered space for families on the sandy beach until vegetation grew.
“It’s a nice little benefit to the community,” Grossman said.
Brisson added establishment of the dune system would make the property safer from storm surge.
Holmes Beach resident Tom Scygiel, president of the nearby Gulf Beach Place Condominium Association, asked commissioners to consider placing a proposed bicycle-pedestrian path on Fourth Avenue rather than vacating the property.
Scygiel also brought the value of the property to commissioners’ attention.
According to the Manatee County Property Appraiser’s office, the beach property offered to the city is valued at $500.
However, Ellis said the property previously was appraised at $11,850 and the sale value would be higher.
“Despite the erosion control line and setback requirements, part of the parcel is buildable in some form,” Ellis said.
The ECL cuts across the lot about a quarter of the way inland from the seaward property line.
“I feel we’ve made a very beneficial package for the city,” he said.
Commissioners will next meet at 7 p.m. Tuesday, March 8, at city hall, 5801 Marina Drive, Holmes Beach.