The St. Augustine City Commission voted 4–1 on Nov. 11 to approve a modified revocable license that allows existing landscaping, lighting and irrigation adjacent to 117 Inlet Drive to remain in the public right-of-way but requires the property owner to move the fence back to his private property and replace the in-right-of-way ground cover with grass.

The hearing followed an earlier denial of a license for the same site and months of public objections. Neighbors and multiple speakers said the property owner, identified in public testimony as Mr. Hardy, had previously installed fencing, riprap and other improvements without required permits and that granting a license after the fact would set an unacceptable precedent for use of taxpayer-owned right-of-way.

Attorney James Whitehouse, representing the property owner, said the amended application expressly disclaims any intent to increase developable area or vacate right-of-way and argued that revocable licenses similar to this have been granted elsewhere in Davis Shores. City staff noted the parcel includes two platted lots and that a small portion of uplands on those lots is technically developable under the city's zoning rules.

During deliberations commissioners debated public-trust policy, enforcement history and practical options. The motion the commission approved limits any fence to a non-opaque 4-foot structure if placed at the owner's property line; it preserves the existing trees, irrigation and lighting but removes ground-cover landscaping in the right-of-way and requires that area be returned to grass. The license remains revocable on 30 days' notice.

Mayor Nancy Sykes Klein and Commissioners Jim Springfield, John DePrater and Cynthia Garris voted in favor; Vice Mayor Barbara Blonder voted no. The commission also directed staff to draft the final license language consistent with the amendment.

Why it matters: Neighbors framed the dispute as a question of equitable use of public land and of whether enforcement should precede or follow permitting. The commission's amended approval aims to preserve vegetation while limiting the property owner's footprint in public space, a compromise proponents said protects the right-of-way without immediate removal of mature trees.

What comes next: Staff will prepare the written license reflecting the commission's amendments and return it for signature. If future development proposals are filed for the two adjacent platted lots, those will be considered separately under building and zoning rules.