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Commission approves right-of-way license for seawall at 5409 N. Surf Road; vote 6–1 amid neighbor concerns

2513864 · February 19, 2025
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Summary

The Hollywood City Commission voted 6–1 on Feb. 19 to allow property owners Steven and Jody Straley to seek permits and construct a seawall adjacent to 5409 North Surf Road, approving a right-of-way license that preserves public access but lets the owners apply as co‑applicants for state and county permits.

The Hollywood City Commission on Feb. 19 voted 6–1 to authorize a right-of-way license agreement allowing property owners Steven and Jody Straley to pursue permits to reconstruct and extend a seawall adjacent to 5409 North Surf Road.

The license agreement authorizes city officials to sign outside-agency permit applications required for seawall construction on an unimproved portion of the Broad Walk (the public right of way) east of Surf Road. Andrea Winget, director of Development Services, told commissioners the applicant will pay for the work and that the city’s role under the agreement is to be a co‑applicant for required state and county permits. Winget said the license clarifies that the area will remain public and may only be closed for construction or as directed by the building official.

Douglas Mann, the project’s coastal engineer with Aptum Environmental and Infrastructure, described the proposed structure as an anchored/anchored-sheetpile style seawall. Mann said crews would drive sheet piles down to rock, “we think that the rock underneath the beach is down about 12 or 13 feet,” then flush and pour concrete to form reinforced cells. He described the cells as 8 inches wide and said the design would tie back to the house with return walls so the repaired and extended wall would function as a continuous protective structure.

Owner Steven Straley told the commission he has owned the property “Almost 40 years” and said the existing wall is failing and in visible disrepair. Straley and his engineer said they explored alternative approaches including nature-based measures but that the narrow beach profile, ongoing erosion and permitting limits made a hardened seawall the most practicable protection for the structure at this time. Mann noted the project area is part of a federal shore protection project (Corps of Engineers nourishment) and that renourishment deposits are expected to be temporary.

Neighbors and civic association representatives urged the commission to delay action so the North Beach Civic Association and nearby property owners could review the proposal. Commenters raised three primary concerns: whether the public would retain beach access west of the proposed wall; potential impacts on sand transport and erosion to adjacent properties; and effects on sea‑turtle nesting and other wildlife. Doug Eaney, president of the North Beach Association, said the association learned of the application only the day before the meeting and asked for explicit assurances that the public retains access “up to the property line.” April LeClaire and others said they use the Oak Street access and wanted clarity on where public and private property lines begin.

Winget and the applicant said the license agreement includes language preserving public access. Winget pointed to Section 3.6 of the draft agreement, saying the “right of way shall remain open and unobstructed for public access unless the city engineer and or building official determine otherwise.” The agreement also requires the applicant to meet insurance requirements (listed in Section 7.4) and to maintain the seawall in perpetuity.

Commission debate focused on balancing property‑level protection and neighborhood and beachwide impacts. Several commissioners said the seawall as proposed replaces an existing, deteriorated structure and would be built flush with neighbor elevations so it would not be visually taller than adjacent walls. Others pressed for outreach to the North Beach Civic Association and for clear signage and public notifications clarifying the area remains public beach.

A motion to table the item to allow more community review failed for lack of a second. The subsequent motion to approve the license agreement passed 6–1, with Commissioner Shuham recording the lone dissent. The commission and the applicant said the approval enables the Straleys to file permit applications with the state Department of Environmental Protection and other agencies; permitting and environmental review remain required and could prevent or alter construction.

The commission and applicant committed to several next steps: the applicant agreed to meet with the neighborhood/civic association to explain the design and permit process; staff said the city could place signage at nearby public access points to reduce confusion about where public beach access exists; and final construction will be contingent on state and county permitting, including environmental reviews for sea turtle protection and other wildlife.

The license agreement and construction permit would not transfer title or create a private easement — the agreement makes clear the right-of-way remains public and that the owner must maintain the seawall. City staff noted the approval also triggers insurance requirements intended to protect the city in the event of construction-related incidents or hazards on the right-of-way.

Because the seawall design and construction remain subject to state and county permits, the project timeline is uncertain. Mann and staff told the commission that DEP and other permitting reviews typically take months; Mann estimated the state process often takes six months to a year for this type of coastal permit. If outside agencies deny permission, the city’s co-applicant status would not allow construction to proceed.

Commissioners said they will monitor the permitting process and asked staff to ensure the agreement includes an explicit termination-for-convenience clause and that insurance coverage begins at contract execution. The item passed with a recorded tally of 6 yes, 1 no.