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Date of Issue: December 31, 2008

BOA to take up continued appeal review

The Bradenton Beach Board of Adjustment on Jan. 7 was expected to continue its review of the timeline in a complaint regarding a building official decision.

The timeline in the filing of the appeal is a consideration in whether the BOA will actually address the merits of the complaint filed by Cynthia Dagher and Mark Mixon against building official decisions that led to a certificate of occupancy for the Sunset Beach Motel and The Beach Club at 2201 Gulf Drive.

Dagher and Mixon have appeared before the BOA multiple times in the past year but not have yet had a hearing on their complaint.

That’s because the BOA has raised concerns that too much time passed before Dagher and Mixon filed a sufficient challenge.

During a meeting in November, the BOA asked for the city and the complainants to gather correspondence on the matter from Nov. 16, when Dagher and Mixon made a first attempt to appeal the certificate of occupancy, to June 26, when they submitted a second more complete appeal.

In their complaint, Dagher and Mixon have made a number of allegations, including:

  • Construction work at 2201 Gulf Drive was a major development that exceeded the 50-percent rule watched by the Federal Emergency Management Agency.
  • Air-conditioning units generate too much noise and were improperly placed.
  • Stormwater runoff from 2201 Gulf Drive now flows to their neighboring property.
  • Trees planted on 2201 Gulf Drive impair visibility from the neighboring driveway.
  • The project was a minor development, according to the determination of former building official Ed McAdam, and, thus, there was no planning board review required.

The city has said that appraisals indicate the project was done within the 50-percent rule. And also that:

  • “Landscaping and buffering … have now been installed and inspected and appear to have mitigated much of the noise.”
  • Regarding stormwater runoff, the city has said additional review during a storm event might be required.
  • Regarding the driveway exit on Gulf Drive, city staff has said there is no problem for “a vehicle pulling out front first onto Gulf Drive.”

The BOA meeting will take place at 6 p.m. at city hall, 107 Gulf Drive N.

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