The Sebastian City Council is set to deliberate on a contentious land-use issue this Wednesday regarding a proposed boat and RV storage facility that has drawn significant opposition from local homeowners. The council will preside over a quasi-judicial public hearing to review an appeal filed by the developers of the Ameron Boat & RV Storage project, which was previously rejected by the Planning and Zoning Commission.
The focal point of the dispute is a 3.8-acre parcel located at 45 Ashbury Boulevard, situated immediately adjacent to the Ashbury residential community, which consists of 193 homes. Property owners William and Todd Brognano are seeking to overturn a December 18 decision by the Planning and Zoning Commission. That commission voted 5-2 to deny the site plan, conditional use permit, and waiver, citing concerns regarding risks to public health, safety, and welfare.
The Legal Argument: Evidence vs. Opinion
Following the denial, the developers filed an appeal the very next day. Their legal representation, attorney Jonathan Rhodeback, has argued that the commission’s rejection was legally flawed. The appeal contends that the decision was based on “unsubstantiated opinions” and neighborly fears rather than the technical facts required by Florida law.
Rhodeback asserts that under state statutes and established case law—specifically citing the 2004 ruling in Orange County v. Butler—quasi-judicial decisions must rely on “competent, substantial evidence.” The developers maintain that professional engineering analyses demonstrated the project would have minimal impact and a safe design, contradicting the layperson concerns that led to the denial.
The conclusion that the project poses risks to public health, safety and welfare appears based on layperson fears about traffic and accidents. This is at odds with the engineer’s analysis showing minimal impact and safe design.
Community Opposition and Quality of Life
On the other side of the issue, residents of the Ashbury community have remained vocal in their opposition. Neighbors have expressed fears that introducing a storage facility for large recreational vehicles and boats would fundamentally alter the residential character of the area. Primary concerns include increased traffic congestion, noise pollution, and potential safety hazards on the roads leading into their neighborhood.
While the developers argue that such storage facilities satisfy a growing demand in this coastal region—where boat and RV ownership is high—residents insist that the location is inappropriate for such a commercial enterprise.
Council Procedures and Next Steps
City staff has recommended that the City Council limit the scope of this Wednesday’s review strictly to the existing record. This means the council would evaluate the minutes, documents, and public input presented during the original December hearing, rather than accepting new evidence.
Under the city’s Land Development Code, the council has the authority to affirm, modify, or reverse the commission’s decision. However, the threshold for overturning the denial is high; a reversal or modification of the Planning and Zoning Commission’s ruling requires an affirmative vote from at least four council members.
The meeting is scheduled to take place at 6:00 p.m. at Sebastian City Hall. Given the organized opposition from Ashbury residents and the legal complexities regarding property rights and zoning codes, a significant turnout is expected.
