Permit evaluation pauses construction efforts in Bradenton Beach.

Key Information

• Location: 106 23rd St. N, Bradenton Beach
• Issue: Stop-work order on construction due to potential zoning violations
• Building official: Bill Palmer
• Homeowner: Neal Morse
• Attorney: Scott Rudacille
• Meeting Date: August 21, 2024
• Outcome: Stop-work order upheld; conditions for removal discussed

A dispute has arisen concerning a property at the corner of 23rd Street North in Bradenton Beach, particularly regarding a near-complete accessory unit. The issue centers around a stop-work order issued for the construction project. Islander Photo: Robert Anderson

During an August 21 meeting at city hall, homeowner Neal Morse addressed the Bradenton Beach commissioners, highlighting the complexities surrounding his building permit. City building official Bill Palmer confirmed that the permit, issued in April 2024, inadvertently conflicted with zoning regulations. Palmer noted that the property already houses a single-family home, making the addition of an accessory dwelling unit questionable.

“In my opinion, (it is) in violation of our land development code,” Palmer stated. He indicated that the new structure, measuring 362 square feet, surpassed the city’s 25% limit for accessory structures, which is derived from the size of the primary dwelling at 1,097 square feet.

Adding to the matter, Palmer mentioned that no elevation certificates or tie-in surveys have been submitted to ensure compliance with both FEMA regulations and local setback rules.

Attorney Scott Rudacille, representing Neal Morse, contended that his client acted in good faith after purchasing the property in 2021, which included a detached garage with a prior illegal unit. Former city building official Steve Gilbert had mandated that the illegal structure be removed, which Morse complied with.

“The property owner thought they were complying,” Rudacille asserted, stressing that there was no “nefarious intent” behind Morse’s actions. He explained that the new elevated building was designed to replace a noncompliant structure and claimed it adheres to the city’s regulations regarding setbacks, lot coverage, and height.

Despite Rudacille’s arguments, the commissioners expressed worries about whether the project met legal standards, pointing out that the property’s 4,200-square-foot size was below what is required. They further questioned if the new structure, functioning as a second home, could legally remain an accessory building.

Palmer noted that allowing the structure to remain would necessitate it receiving its own address. Commissioner Scott Bear voiced concerns about enforcing restrictions on occupancy and rental, while Mayor John Chappie cautioned that permitting this project might lead to setting a troubling precedent for future cases.

Ultimately, the commission recognized the city’s potential liability in compelling the demolition of a building that had undergone prior permitting and inspections. After thorough discussion, Commissioner Bear proposed a motion to permit the removal of the stop-work order once an elevation certificate and tie-in survey were submitted and approved by the building official. Commissioner Debbie Scaccianoce seconded the motion, which passed unanimously, 5-0.

This motion also stipulated that the property owner would take on any risks and financial responsibilities resulting from the project and instructed staff, along with the owner or his representative, to draft a resolution regarding the second structure for consideration at the upcoming commission meeting in September.