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JOE HENDRICKS | SUN FDEP is expected to rule this week as to whether the vacant lot seaward of the Jordans’ beachfront home can be developed.

HOMEOWNERS: Launch Preserve AMI

FROM PAGE 11 a final order granting respondent Campbell’s application for a CCCL permit to construct a singlefamily residence and associated structures seaward of the CCCL,” Ffolkes stated in her written recommended order.

On June 29, Wendy Jordan sent a lengthy email to Anna Maria Mayor Dan Murphy and all five city commissioners in which she stated, “We learned before closing that our property was involved in litigation between several contiguous waterfront neighbors. We gladly joined the fight. We first offered the lot owner $2 million for her lot. She asked for $2 million and we met to set the closing and then she turned it down.”

Regarding Ffolkes’ recommended order, Jordan’s email noted petitioners had 15 days to respond to what she referred to as “the unbelievable ruling.”

Jordan’s email also said, “For those who immediately say, ‘You are only worried about your view,’ of course I am worried about my view. We paid for a view and it is in jeopardy of change that will ruin the wildlife.”

When contacted on Thursday, July 15, an assistant in Ffolkes’ office who wished to remain anonymous said FDEP can follow, modify or discard the judge’s recommended order, and she wasn’t aware of a final order being issued.

On Friday, July 16, The Sun received an email response from FDEP Press Secretary Alexandra Kuchta that said, “The department will issue a final order in this case on or before July 22.” CITY PERMITS ALSO NEEDED

If permitted by FDEP, the development of 105 Elm would also require building permits issued by the city of Anna Maria.

On July 6, Anna Maria Building Official Luke Curtis sent an email to Murphy regarding that property.

Curtis’ email referenced a determination of buildable area report for 105 Elm that the Environmental, Consulting & Technology (ECT) firm provided the city in February 2018, before the current dispute ensued.

His email noted the ECT report said, “This buildable area determination should only be considered a preliminary determination to ensure consistency with the city’s zoning regulations, but the extent of development on this lot will ultimately be decided by FDEP.”

Curtis’ email noted the ECT report said, “The parcel was previously situated much closer to the Gulf of Mexico relative to its current position. The significant transition in the beach profile is due to beach renourishment projects that were initiated in 2002 in an effort to remediate major erosion along the shoreline. FDEP will need to evaluate whether the lot would be considered primary dunes which are subject to more restrictions.”

Curtis’ email states the buildable area determinations provided by ECT – and a separate report provided by the ECO consulting group in 2017 – both confirm 105 Elm is a buildable lot per city code.

Elm Avenue currently ends near the Jordans’ driveway and does not provide direct access to 105 Elm Ave.

“Prior to any building permit being accepted by the building department, a development permit, along with a site plan – including but not limited to access to the property, sewer, water and electric utilities – will need to be considered and approved by the city commission,” Curtis noted in his email.

JOE HENDRICKS | SUN Elm Avenue ends near the Jordans’ driveway and does not currently provide direct access to 105 Elm.

FROM PAGE 15 allow vehicles to be pulled into the space for storage and maintenance from an access point on Sunrise Lane, something the residents of Sunrise Lane aren’t in favor of as discussed by their attorney during the work session.

During the presentation, Brisson said Lantz also planned to use some of the business’s required parking to store vehicles outside the shop. He said when all of the required parking for the businesses and proposed businesses in the plaza was computed, he came up with a required 66 spaces needed, with 71 total parking spaces located onsite. That means that instead of the 18 spaces indicated in the site plan approval request for parking rental vehicles, Lantz would only have five spaces available for parking rental vehicles. The plans also include a small charging area for golf carts and other vehicles near the proposed garage access.

To allow The Toy Barn to conduct its business in the plaza, Brisson said, requires a special exception because the rental business isn’t covered in uses allowed in the C-3 commercial district. To obtain that approval, the site plan submittal has to meet 12 standards required for a special exception under the city’s land development code, including the production of a traffic study to show how the proposed use will affect traffic in the area.

Lantz said that because his business is primarily a mobile one, with vehicles going straight from one rental to another, he doesn’t feel it will negatively impact traffic in the area and that the garage door access on Sunrise Lane would only be used by his employees, not by renters of the vehicles.

Another concern Brisson mentioned is the business negatively affecting nearby residential property values and the quality of life for adjacent residents. Lantz said he’s willing to install an attractive, quiet garage door and that his vehicles are all electrically powered, meaning they make little to no noise to disturb residents.

Lena said she and Thomas would respond in writing to all of the commissioners’ concerns to help move the site plan approval process along.

For his part, Lantz said he plans to continue pursuing the Holmes Beach location for his business and will be attending every meeting where the site plan is discussed to answer any questions from commissioners, city staff and the public.

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