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Magistrate orders Wheeler property to seek permit or remove downstairs unit after illegal conversion finding
Summary
Planner and building official testified that the finished ground floor includes a kitchen and lacks internal circulation, creating a second dwelling unit that violates local density limits; magistrate gave the owner 30 days to apply for a corrective permit or revert the space.
The special magistrate found that alterations to the ground floor of a 1984 home at 520 72nd Avenue created a second dwelling unit in violation of the city’s density and land‑development rules.
Brandon Barry, senior planner for the city of St. Pete Beach, told the hearing that the lot is just under 5,500 square feet and is limited to one residential dwelling unit under the land‑development code. Barry said the city’s definition of a dwelling unit requires internal circulation and a single kitchen; photos and on‑site inspection indicate the downstairs contains a separate kitchen and lacks internal circulation to the upper unit, which the city treats as a second dwelling.
The building official confirmed there are no permitting records showing the conversion was permitted. A neighbor or unit occupant who spoke for the owner said the two‑unit arrangement had existed for years, including the occupant’s tenancy in the upper unit, and that documentation showing historic permits could not be found.
The magistrate found the property in violation and ordered the owner to either apply for a permit to remove the downstairs unit or work with city staff to resolve the issue within 30 days; the case will return on July 13. The magistrate urged the owner to explore whether any grandfathering or other administrative relief applies and to consult planning staff for next steps.
