Manatee County admits 'mistakes were made' in Snead Island dock dispute

MANATEE -- Manatee County code enforcement officials acknowledge mistakes were made in handling a community dock dispute on Snead Island, after a neighbor had the dock demolished illegally during a years-old neighborhood dispute.

Building and Development Services Director John Barnott said one of his code enforcement officers made a mistake in determining the neighbor did nothing wrong because the officer thought the community dock was an illegal structure.

"It absolutely was legal," said Barnott. "The mistake happened when the code enforcement officer checked for a permit and didn't find one, so he assumed it wasn't legal, but there is evidence that dock has been there since the 1950s, decades before we even had a building department," which entitles it to grandfathered status.

The neighbor who tore down the community dock was identified by the code enforcement officer as Gregory Patterson, who lives adjacent to a neighborhood easement granted in 1972 to all subdivision homeowners on the westernmost edge of Snead Island off 15th Street West and 53rd Avenue West. It is a 50-foot-wide access to the Manatee River granting access rights and to construct and maintain a community dock, which Patterson acknowledged in a 2005 amendment to the easement he filed to limit use of the dock to residents only.

Neighbors say Patterson used vegetation and riprap to choke the easement into a narrow strip, but Barnott said the county is unable to get involved in a private easement dispute.

The county now says the dock was a legal structure and Patterson violated a prior county order denying him the right to demolish it. Patterson had it demolished in March.

After the demolition, the

county made the error in determining Patterson essentially did it a favor by correcting a code violation.

Barnott said he understands the frustration levels in the neighborhood, but the county only has so much authority.

"Unfortunately, the most we would be able to do is cite him for work without an order," said Barnott. "We did the right thing in the first place in denying him the permit."

Resident Robin Schofield recently purchased her home in the Snead Island subdivision believing she and her neighbors had rights through a lawful easement grant. She was disheartened to learn of the ongoing neighborhood dispute and said she was shocked to see one neighbor taking an action violating the rights of an entire neighborhood.

Schofield said she will apply for a permit to reconstruct the community dock next month. She said she could not do so until the county made an official determination the dock was legal for fear her neighbor would just tear it down again. Barnott said nothing is stopping the neighborhood from applying and, based solely on the code, the county will likely issue the permit.

"We appreciate that the county has taken the time to reconsider and correct its determination regarding our community dock," said Schofield. "We look forward to rebuilding it and taking the appropriate next steps."

While the battle is new for Schofield, it's not for many other neighbors such as Gareth Lynch, who said the dispute dates back prior to Patterson's attempt in 2010 to tear the dock down.

"We are happy to finally have this issue resolved," said Lynch. "Mr. Patterson's actions against our community have harmed our neighbors and our family for over 10 years. We are looking forward to having rights and our dock restored."

Patterson could not be reached for comment, however, his attorney filed a public records request with the county April 12 for, "copies of any complaints, objections, or records of complaints that have been received by the county concerning the Pattersons' property, dock structure or compliance with any requirements."

Whether the neighborhood battle is over is yet to be seen, but county officials say they have done all they can do. Schofield said Patterson intends to fight the neighborhood's access to the river and reconstruction of the dock.

"He always tells us that he has more money than God, so how much are we willing to spend in court?" said Schofield. "But now that we have a determination the dock is legal, we have other options."

Mark Young, Herald urban affairs reporter, can be reached at 941-745-7041 or follow him on Twitter @urbanmark2014.

This story was originally published April 15, 2016 at 11:09 PM with the headline "Manatee County admits 'mistakes were made' in Snead Island dock dispute ."