St. Augustine commission upholds approval of Davis Shores seawall, denies adjacent owners' appeal

The St. Augustine City Commission on Jan. 12 voted unanimously to deny an appeal by owners at 140 Inlet Drive challenging a Planning & Zoning Board approval for a city-built retaining wall and related resilience work along Inlet Drive.

The appeal centered on claims that the city failed to properly notify adjacent owners, that the project would unduly obstruct scenic vistas and that staff had not produced competent substantial evidence required under the city's conservation-overlay code. James Whitehouse, attorney for the Henderson-Raymond family, told the commission the owners “never received the notice” and urged either reversal of the PZB decision or modification of the project to reduce wall height, remove a pointed cap and add public access.

City planning director Amy Skinner responded that certified mailers, sign postings and newspaper notice had been sent as required, that staff had engaged multiple public meetings and that the design (about 692 linear feet of segmented concrete retaining wall, living-shoreline elements and stormwater upgrades) was intended to provide a higher level of flood protection for the Davis Shores neighborhood. Skinner said the proposed wall averages about 3 feet above existing grade and that the project is largely landward of existing structures and mangroves.

“We reviewed each of the 17 criteria in the code,” Skinner said, noting staff had secured temporary construction easements and a permanent easement where required and had received state and federal permitting or verification of exemption.

Neighbors who live along Inlet Drive gave mixed testimony: several longtime residents and property owners said the seawall would protect homes and emergency access from recurring inundation, while others described potential vista and access impacts. Jeffrey Sharp, who lives at 130 Inlet Drive, said he supports the project and suggested some objections stemmed from short-term rental promotion rather than community safety. Opposing speakers stressed the visual and access consequences of the higher wall.

Commissioners discussed procedural limits of the appeal (whether to admit new evidence or confine the hearing to the record before the PZB), concluded they would not accept a late request for modification, and applied the review standards of due process, correct law and whether the PZB’s decision was supported by competent substantial evidence. Several commissioners said staff had afforded due process and that the PZB and staff had considered public input.

After deliberation Commissioner Cynthia Garris moved to uphold the PZB decision and deny the appeal; the motion passed on a roll call vote with Barbara Blonder, John DePrater, Cynthia Garris, Jim Springfield and Mayor Nancy Sykes Klein voting yes.

The decision allows the city to proceed with the resilience project as designed; staff noted the design is complete and ready for construction pending any permitting or financing steps. The commission’s order did not adopt modifications requested by the appellants; any future design changes would require a separate application and review.