Bradenton Beach officials are taking a stand on procedure, telling a developer to back up and park his ideas.
In a Feb. 15 city commission meeting, officials raised concerns over the emergence of paid parking operations in the city’s historic district that lack permitting, placing developer Shawn Kaleta’s actions under a magnifying glass.
Building official Darin Cushing said the city sent notices of violation to Kaleta for allegedly orchestrating the unauthorized establishment of paid parking lots in various areas zoned for residential use.
The lots in question include 102 Third St. N., 207 Church Ave. and 206 Bay Drive S.
“My thought is they are not even zoned for it,” Mayor John Chappie said. “As much as we want parking lots, we’ve got to follow the rules. I don’t think we have much choice but to have a stop and desist. It’s not legal according to our rules and regulations.”
Chappie said it’s a code enforcement issue.
City attorney Ricinda Perry responded to Chappie’s concerns: “If there is a use that has not been approved by the city then, yes, it comes into code enforcement. They can defend why they feel that they are not in violation of our code and we can look at it at that time.”
Perry said it was inappropriate for the commission to adjudicate the matter without allowing city staff to address the issue.
She cautioned the commission against making a finding of a violation without having staff bring it to the commission for resolution.
“If you, as the mayor, find that a policy articulated by the commission is in violation then it is your job to ask staff to look into it. We cannot direct staff on how to do it, but we can ask them to look into it,” Perry said.
Cushing informed commissioners that letters of violation went out Feb. 5 and Kaleta responded Feb. 8 by submitting applications to allow after-the-fact parking lots.
Cushing said among the documents Kaleta submitted was an application seeking to convert a Pines Trailer Park resident parking lot at 205 First St. N. into a paid lot.
Kaleta purchased the park, including the parking lot, in September 2023 under the Pines Park Investors LLC for $16,250,000.
Moreover, Kaleta submitted a temporary-use application that was approved Feb.15 for the implementation of a paid-parking lot at the site of the future Bridge Street Resort, namely 101 Bridge St., 105 Bridge St., 219 Gulf Drive S., and 106 Third Street S. The new application allows one large parking lot from the combined property footprints.
The temporary-use permit allows the operation of the parking lot for one year while construction of the resort gets underway.
The 106-room resort is the brainchild of Kaleta and former Commissioner Jake Spooner, who owns some of the properties that encompass the resort. Commissioners voted to approve a planned development for the construction of the resort in December 2023.
The commission Feb. 15 approved the temporary-use permit 4-0, finding the use was allowed under the planned urban development overlay in place for the project.
Cushing spoke to commissioners about the difference between the unpermitted lots and the lot allowed under the PUD.
“The big difference with these is, in those zoning designations in the zoning code, parking is listed as a specifically prohibited use in those zoning districts,” Cushing said. “We do need parking, that’s for sure. But, at the same time, we need to make sure it is done properly and approved via some type of permit.”
Cushing also noted the unpermitted lots are operating in violation of the U.S. Americans with Disabilities Act, which requires at least one ADA-accessible parking space for every 25 spaces.
Azure Shores neighborhood resident Evelyn Stob, whose home is situated across the street from one of Kaleta’s paid lots and is bordered to the north by an authorized parking lot established by the Chiles Group for the Beach House Restaurant, addressed commissioners during public comment.
“I’d like you to seriously consider those before you grant any type of additional parking because, I will be honest with you, it depreciates my home’s value,” Stob said.
She also questioned whether Kaleta’s actions set a precedent.
“Can I just start throwing that up in my front yard?” Stob asked. “Maybe I can do paid-for-parking in my additional driveway. I just have one car. I can fit five in my driveway. I can fit three in my front yard. Is everyone going to jump on this bandwagon? Something for you to consider.”
“It is not a permitted use in that zoning district,” Chappie said. “Code enforcement has been taking the appropriate actions to correct any issues with paid parking on those properties.”
He said there was a course of action the city must follow to correct improper usage.
“It’s the legal process that must be followed and that’s what we are doing,” Chappie said in a Feb. 16 interview with The Islander.
“I think it is important to let the public know our code enforcement is following the issue and will be correcting any issues that are not allowable uses,” he continued.
As of Feb. 15, the unpermitted paid parking lots were still operating.
The next commission meeting will be at 6 p.m. Thursday, March 7, at city hall, 107 Gulf Drive N.