The Fourth District Circuit Court called the Fernandina Beach City Commission’s May vote an “erroneous” interpretation of the Land Development Code.
FERNANDINA BEACH, Fla — The demolition of the Fernandina Beach Tringali Homes began Friday, Jan. 5. The four homes located at 125 South Fourth St., are expected to be demolished despite a stop work order taped to the front door of the home on 123 South Fourth St.
The Fernandina Beach City Commission approved the proposal to tear down the homes to make way for a twelve-unit townhome development back in May 2023. However, three Fernandina Beach residents filed a petition claiming the commission did not follow the land development code. On Dec. 27, a judge agreed.
Anthoney Tringali Revocable Trust and Josephine Tringali, are listed in the order handed down by Judge Eric Roberson. The city and Worthy Investment LLC are also named as defendants. The plaintiffs are Fernandina Beach residents Taina Christner and Merry and David Coalson.
The court says the commission relied on a section 4.04.00 of the land development code that discusses the subdivision of property. The court argues that section does not apply.
“The property developers are attempting to combine 8 single-family lots into a single site for the purpose of building multi-family housing (eight separate townhomes),” the order of petition said.
This means section 1.03.05 applies and the project must go to the Board of Adjustment for a vote. The court says the city commission did not follow the law.
“That action, per the Land Development Code, must be approved by the Board of Adjustment. Deference is not warranted where there is no plausible explanation for the City’s erroneous interpretation,” the order said.
Christner says she is upset with the city commissioners.
“I personally think that the city should be held accountable for this because there were so many times, they were told not to do this,” Christner told First Coast News. “I think it was a violation of the oath of office. So, the city commissioners, I think they need to be held accountable.”
In late-2022, the Fernandina Beach Planning Advisory Board expressed doubt about the development of the twelve-unit townhome after resident pushback.
The matter was sent back to the Board of Adjustment, quashing the city’s decision, the court stated. Fernandina Beach City Manager Tammi Bach denied commenting on the matter.
Spokesperson for the Tringali family and Compass Group Owner Ron Flick says based on the court’s order, they have several options to consider the best use of the land.
“The development’s intent as proposed would have reduced density, increasing the property values of the community, and resulted in more green space, less impact on infrastructure, and view corridors,” Flick said in a statement.
Christner and Merry Coalson say they will support responsible development.
“People come here for our small town charm and we think because they’re bowing down, in my opinion to the developers, and we think it’s going to drastically change the character Fernandina and destroy it,” Christner said.
The next Board of Adjustment meeting is Jan. 17.
