Tringali Developer Plans to build 58-unit condo if City Board denies project

Workers clear cutting lots on 4th Street before stop work order was issued.

The development battle over the downtown former 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 appealed the city's approval of the project.

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.

Timeline of the Tringali property dispute:

• Original Lawsuit (2023): Neighbors led by Christner, along with Merry and David Coalson, challenged the city’s approval of a 12-townhome project on 3rd Street. Judge Roberson quashed the city’s action, holding that Section 1.03.05 barred multiple units on the combined Tringali parcels without a variance. City and Tringali developer appeal his ruling.

• Appeal Fails (2025): The city and developer appealed, but the Fifth District Court of Appeal dismissed their petition, confirming that Roberson’s ruling stands.

• New Permits Issued (2025): Despite the court ruling, on July 7, Gibson’s office issued building permits for 12 units arranged as triplexes, without BOA involvement.

• Christner’s Appeal: Filed within 30 days, her appeal argues the city is in contempt of the court’s order and demands the BOA revoke the permits.

• Board of Adjustment conducts Appeals hearing this Wednesday.