Bradenton Beach Commission Upholds Stop-Work Order on 23rd Street Construction
BRADENTON BEACH – City commissioners have upheld a stop-work order on a nearly complete structure at 106 23rd St. N., citing possible violations of Bradenton Beach’s land development code.
The dispute centers on whether the detached building under construction qualifies as a permitted accessory structure or if it functions as a second home, which is not allowed on the 4,200-square-foot lot.
City building official Bill Palmer said the April 2024 permit conflicted with zoning rules and that the new building exceeds size limits for accessory units, measuring 362 square feet compared to the 1,097-square-foot primary residence. He also noted missing elevation certificates and tie-in surveys required for FEMA and setback compliance.
Property owner Neal Mores, represented by attorney Scott Rudacille, argued that he acted in good faith after removing a previously illegal unit and working with former city staff to develop approved plans. Rudacille maintained that the new structure complies with setbacks, lot coverage, and height requirements and that it replaces a noncompliant garage with an elevated building designed to meet safety standards.
Commissioners acknowledged the city’s role in approving the project and the financial hardship of halting construction at more than 80% completion. Still, concerns were raised about setting a precedent for undersized lots and the difficulty of enforcing limits to prevent the building from being used as a separate dwelling.
Following debate, commissioners voted 5-0 to keep the stop-work order in place until Palmer receives and approves both an under-construction elevation certificate and a tie-in survey. The motion also requires Mores to assume all financial risk moving forward and directs city staff to prepare a resolution addressing the property’s second structure for review in September.
The decision leaves the project in limbo as Bradenton Beach weighs zoning compliance, property rights, and potential liability.
