The development battle over the downtown Tringali tracts is poised to explode again this week before Fernandina Beach’s Board of Adjustment (BOA) as developers are threatening to invoke Florida’s Live Local Act to build up to 58 residential units — or sue the city under the Bert J. Harris Act — if the board overturns building permits for their scaled-down 12-unit project.
The BOA will be ruling on an appeal filed by neighbor Taina Christner that continues the legal struggle that began with her successful 2023 lawsuit against the city. The most recent controversy led to the departure of longtime Planning and Conservation Director Kelly Gibson after she had approved building permits for the project last June.
The BOA hearing is set for Wednesday at 5 p.m.
In an August 21 letter to the city, attorney Sidney F. Ansbacher, representing owner Worthy Investment, LLC, warned that if the BOA votes in favor with Christner, the property owners will pursue their rights under the Live Local Act’s newly expanded 2025 provisions. One significant addition requires local governments to allow qualifying affordable housing developments in areas zoned commercial, industrial, or mixed-use — including within PUDs — without local rezoning, variances, or land use changes for things like density, height, or use if the project meets the Live Local criteria.
That would allow the properties at South Third and Fourth streets near Beech Street, to hold as many as 58 condo units — with at least 24 reserved as affordable housing.
Ansbacher also cautioned that any attempt to strip those property rights could trigger claims under the Bert Harris Act, which allows property owners to seek compensation when government action reduces property value, along with potential fair housing lawsuits.
Christner filed her administrative appeal July 16, challenging the city’s issuance of 16 building permits for four triplex buildings (12 units total) on July 7. She argued the permits violated both the Land Development Code Section (LDC)1.03.05 and Nassau County Judge Eric Roberson’s December 27, 2023, ruling.
Christner's appeal centers on Roberson’s order that found Section 1.03.05 “clearly applies” to the Tringali parcels, meaning multiple dwelling units could not be built on the combined lots without first securing a variance from the BOA. The city and developer appealed that ruling, but on July 14, 2025, the Fifth District Court of Appeal dismissed their petition, leaving Roberson’s order intact.
Christner’s filing contends the city disregarded that ruling when Gibson issued permits in July without sending the project back through the BOA for a variance. She is asking the BOA to void the permits.
The property was being clear-cut with most of the trees and underbrush removed when the city issued a stop-work order as a result of Christner's appeal.
The controversy led directly to the dismissal of Gibson, who had overseen both the city’s Technical Review Committee and the permitting process. Gibson approved the permits even after the appellate court had left Judge Roberson’s order standing. She had also failed to notify City Manager Sarah Campbell and other officials of her decision.
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DouglasM
So this letter was written (21Aug) two days after the FBCC removed Taina from the BOA late in the 4 hour 19Aug meeting???? Interesting.....
Monday, September 15 Report this
LucyP74
Our state needs to get developers and their lobbyists OFF the payroll and START working for the betterment of the citizens again (if they ever did that; I am beginning to wonder). ALL of the new legislation they pass is PRO-DEVELOPMENT which is everything the citizens DO NOT want! It’s shameful. :-(
Monday, September 15 Report this
JJC919
Why don't you identify the "Tringali Developer" for who he is? Steve Simmons is the force behind this and is the only person listed on Sunbiz, other than the registered agent, for Worthy Investment. I have practiced Criminal Law in this community for over 36 years and I have come to understand that if a bully has the ability to do something they don't talk about it, they do it!
The Tringali property was purchased with the current rules and laws in place and well understood by all involved, including the neighbors who are upset by this money grab conducted on our backs and in our front yards. One only need to look at the condition of the property since Simmons has purchased it to understand his lack of concern for the community as a whole. He has single handedly created a health hazard with the standing water, overgrown brush and limbs and such cluttering the easement along Beech.
A compromise was offered almost a year ago which would have allowed for the condos on 3rd Street and 4 homes on South 4th. It was rejected immediately and with no consideration. He will have his way or else!
Tuesday, September 16 Report this
BobReisner
There is a need for citizens of Fernandina to get real...the world isn't always what you want. I fully understand (and might even be a bit sympathetic) Christner and also understand how council people might not want to seem to advocate development. But the law ('Live Local') is the law and this law is written very tightly .... no city can overturn this law and attempts to do so will create city liability and ultimately high additional city settlement payments that are totally unnecessary.
The ability to build more than 50 units on this property as a right is clear. The developer is the 'hero' of this process by offering to build only 12 units. In light of clear law, the city planning should be forthright in making zoning and planning adjustments to mitigate Live Local and the city council should loudly support this effort and quickly pass enabling legislation.
Live Local and Bert Harris are settled law. Lets get a settlement done and move to fix the process to make Live Local work for Fernandina via simple and quick negotiated agreements.
Tuesday, September 16 Report this