Thank you for visiting The Islander Newspaper Online.

We are currently updating our website to provide you better service and function.
If you would like to access the new site, please, click here: The Islander Newspaper

Sorry for any inconvenience. Our new site and service will resume shortly.

Web Master

The Award Winning & Best News on Anna Maria Island, FL Since 1992

"The Award Winning & Best News on Anna Maria Island, FL Since 1992"

Saturday, Aug, 23, 2014
Florida Press Assn. Award-Winning Web Site
Home Latest News Weather Sports Real Estate Classifieds Island Guide Islander Store

 SECTIONS

 • 

Main News

 • 

Classifieds

 • 

Opinions

 • 

Streetlife

 • 

Calendar

 • 

Fishing

 • 

Sports

 • 

Real Estate

 • 

Obituaries

 • 

Weather

 Features

 • 

Cortez Cook Off: The Results

 • 

Anna Maria Island Bridge FDOT replacement bridge

 • 

National Hurricane Center (Atlantic)

 • 

Advanced Search

 • 

I love AMI

 • 

Mystery Story

 • 

Fishing Laws

 Classifieds

 • 

Classifieds Page

 • 

Place An AD

 • 

Items for Sale

 • 

Garage Sale

 • 

Estate Sale

 • 

Announcments

 • 

Lost & Found

 • 

Pets

 • 

Transportation

 • 

Boats & Boating

 • 

Fishing

 • 

Kids 4 Hire

 • 

Help Wanted

 • 

Health Care

 • 

Services

 • 

Lawn & Garden

 • 

Landscaping

 • 

Home Improvement

 • 

Business Opportunities

 • 

Rentals

 • 

Real Estate

 Weather

 • 

Today's Forecast

 • 

10 Day Forecast

 • 

Today's Tides

 • 

Emergency e-mail

 • 

Storm Watch

 Archive

 • 

News Archive

 • 

2009 Top Notch Gallery

 • 

2008 Top Notch Gallery

 • 

2007 Top Notch Gallery

 • 

2006 Top Notch Gallery

 • 

2005 Top Notch Gallery

 • 

2004 Top Notch Gallery

 Useful Links

 • 

Island Links

 • 

i.wed

 • 

Islander Store

 • 

About this Site

 Contact Us

 • 

Islander Store

 • 

Subscribe

 • 

About Us

 • 

e-mail us

Story Tools

Date of Issue: January 21, 2009

Alley vacation hearing set

A contingent of Holmes Beach citizens turned out Jan. 13 to fight a proposal that the city vacate a portion of a waterfront alley.

The crowd left mid-meeting under the impression that the proposal from Susan and Fred Bartizal failed for lack of a motion from a city commission reluctant to give away public property fronting on the Gulf of Mexico.

However, the issue came up at the end of the meeting when Derin Parks, an attorney for the Bartizals, alleged that the commission’s failure to take public comment on the proposal violated due process.

A public hearing had been advertised for a first reading of an ordinance on the alley vacation, said Parks.

City attorney Patricia Petruff said she was not aware a hearing was advertised. Neither was Commission Chair Sandy Haas-Martens.

So the commission moved a first reading of the ordinance and opened a public hearing, though there was no public comment.

A second reading will be scheduled and a second hearing will take place at 7 p.m. Jan. 27 at city hall, 5801 Marina Drive.

The Bartizals asked the city to vacate a 10-foot unimproved alley on the Gulfside of the Bartizals’ duplex in the 2800 block of Avenue E.

“It’s unbuildable,” said city public works superintendent Joe Duennes. “Some 18 feet from the alley is the erosion control line.… For all practical purposes, it will never be used for anything.”

The Bartizals’ application states, “The property to be vacated is an unimproved alleyway that, from all records, was never used or improved. The alleyway is approximately 10 feet wide and separates two parcels of real property owned by the Bartizals. The vacation of this alleyway would not deprive any landowners of access to their property, nor would it deprive public access to the beach. Furthermore, portions of the alleyway located north of the Bartizal property have either already been vacated or the City of Holmes Beach has consented to the construction of permanent structures over the entire alleyway.”

The application also provides the reason the Bartizals seek the property: “As a practical matter, the Bartizals would like to construct a pool over that portion of the unimproved and unconstructed alleyway that separates their two otherwise adjacent properties. If the alleyway is not vacated, they will be forced to construct a pool extremely close to their existing home.”

Utility services in the area did not object to the vacation, but residents in the area attended the Jan. 13 meeting planning to object to the application.

They left thinking they had won without raising their voices because none of the city commissioners moved for a first reading of the proposed ordinance.

Commissioner David Zaccagnino said a vacation would do little to boost the city’s tax base. More importantly, he said, he is opposed to vacating public property, especially public property on the beach.

Commissioner John Monetti added, “We’re not normally in the business of giving away public property.” He said he walked the area several times and noticed that the alley contains sea oats and dunes.

Commissioner Pat Morton said, “I’m for not giving it away” and Commissioner Pat Geyer made a similar comment.

Haas-Martens then said for lack of interest, the issue is “gone.”

Later in the meeting, during public comment, Parks addressed the commission.

“This is a due-process violation,” Parks said of the commission’s failure to hold a public hearing on the application. He said his clients paid the $2,500 application fee, as well as the costs of public notice. “There was to be a public hearing. There was no public hearing. The only thing that was considered was the testimony of the commissioners.… We believe there should have been a public hearing.”

Parks also questioned a delay in scheduling a commission review of the application. He said the application, dated Sept. 15, 2008, was held until some Holmes Beach residents returned for the winter season.

After some discussion, the commission agreed to open a hearing and Parks reserved his comments until Jan. 27.

Have your say:

No comments for this page. Feel free to be the first

Username:

Contact:

(email or url)

Subject:

Your View:

Please enter the security code below:

security  

Get breaking news

Follow the Islander on TwitterBecome a fan of The Islander on Facebook

Sign up to receive breaking news alerts via e-mail. We'll send you a notice when the news and classifieds appear online every week, before the print edition hits the streets.

Click here for Gulf oil spill updates related to Anna Maria Island.

Historic Anna Maria City Pier Plank Walk

Put your name, your message, your memorial on the Historic Anna Maria City Pier prior to the Pier Centennial Celebration! And join the fun!

CLICK HERE for Stoltzfus e-mails and related court documents.


FREE Island
Vacation Guide:
get it here

Cortez Cookoff

Click here for 2010 Cortez Cookoff Winner and recipes

To advertise here, please
visit our rates page
or contact us at:
sales@islander.org
Phone: (941) 778-7978
Fax: (941) 778-9392

Back to top of Page

Home | Weather | Real Estate | Classifieds | Archives | Contact | Island Links
Islander Store | Subscribe About this site | Classifieds Page | Place an Ad
For Sale | Garage Sales | Announcements | Lost & Found | Pets | Transportation
Boats & Boating | Fishing | Kids for Hire | Help Wanted | Health Care | Services
Lawn & Garden | Landscaping | Home Improvement | Business Opportunities | Rentals | Real Estate

Our Privacy and Copyright Statements © 1992 - 2009, The Islander