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Planning Commission votes 8-1 to recommend County Commission amend Siesta Key zoning regulations to allow flexibility with commercial structures’ street setbacks

By Rachel Brown Hackney
SarasotaNewsLeader.com

   Eight of nine Sarasota County Planning Commission members have agreed that developers should have the flexibility to construct buildings taller than 35 feet as close as 2 feet to the sidewalk in three commercial zoning districts on Siesta Key.

The lone “No” vote at the conclusion of a Dec. 7 public hearing was cast by Commissioner Laura Benson. It is her belief, Benson said, that the intent of the Siesta Key Overlay District (SKOD) zoning regulations is for commercial buildings on the island “to remain on a lower scale,” to keep that “beach-y feel.”

The other eight Planning Commission members sided with Sarasota attorney Charles D. Bailey III of the Williams Parker firm and Robert “Bo” Medred of Genesis Planning & Development in Bradenton, who submitted a privately initiated zoning text amendment on behalf of Clayton A. Thompson and Diane Heiden Thompson, owners of Clayton’s Siesta Grille on Old Stickney Point Road.

   In the spring, Bailey sought a letter of determination from county Zoning Administrator Donna Thompson about the SKOD street setback requirements. She provided a document detailing her assertion that any structure taller than 35 feet built in a Commercial General (CG), Commercial Intensive (CI) or Office, Professional and Institutional (OPI) district under the SKOD zoning regulations would have to be at least 25 feet from the street, up to a distance half the height of the structure — whichever was greater. The maximum height allowed on the barrier islands is 85 feet, Thompson pointed out, so that meant an 85-foot-tall structure would need to be 42.5 feet from the street.

On Jan. 30, the County Commission tentatively is set to hold its hearing on the proposed change in the SKOD regulations. If approved, the amendment would enable the County Commission to grant a special exception to a developer, stipulating how much street setback would be required for a new building exceeding 35 feet in the three Siesta commercial zoning districts.

“This is not increasing Siesta Key residents by two-fold,” Commissioner Jack Bispham pointed out on Dec. 7, referring to the proposed SKOD change.

Bailey reiterated several times that no new structure has been proposed in conjunction with the amendment. “There’s no project before you; there’s no development application before you.”

However, several speakers referred to an effort initiated late last year by Dr. Gary Kompothecras, a Siesta Key chiropractor known for the 1-800-ASK-GARY advertising for his clinics, regarding a new hotel on the island.

   One Siesta resident, Janet Emanuel, pointed out that a county demolition permit has been sought for the old Fandango Café at 1266 Old Stickney Point Road. (This was confirmed through county permitting records.) A limited liability company for which Kompothecras is the principal — Stickney Storage — has owned that property since August 2016, county records show. Through another company — 1260 Inc. — Kompothecras also owns the adjacent parcel at 1260 Stickney Point Road, according to Sarasota County Property Appraiser’s Office records.

If the SKOD amendment would enable Kompothecras to build a hotel, Bispham said, that would be good for Siesta Key.

“This is a very stringent process,” Commissioner Robert Morris explained of any request for a special exception. “If it’s a bad application, it’s not going to get through,” especially if the structure is designed to be 85 feet high.

“Anybody would have to have a lot of courage to seek a special exception to 85 feet, period,” Bailey told the board. “You’re not going to see Charlie Bailey standing before you, asking for that. I like living and breathing.”

County Zoning Administrator Thompson also noted that a super-majority of the County Commission — four of five members — would have to approve a petition for a special exception for it to be granted.

Medred pointed out that Siesta Key comprises only about 2,200 acres, and only 29 of those acres are zoned for commercial development. Siesta Village has about 16 of those acres, Medred said, while another 11 acres is available south of the Stickney Point Road bridge. The remainder is the site of a Wells Fargo bank near the intersection of Beach Road and Midnight Pass Road, he noted.

Getting to Dec. 7

   Bailey explained that he disagreed with Donna Thompson’s determination about the SKOD setback requirements, so he appealed her decision to the county’s Board of Zoning Appeals (BZA) on behalf of Siesta Acquisitions LLC; Kompothecras is the principal of that company, as well.

The BZA ruled 3-2 on June 12 that Thompson was correct.

   On July 12, a number of Siesta Key business owners — including Clayton Thompson and Kompothecras — appeared before the County Commission to seek a county-initiated zoning text amendment to comply with what they argued was the intent of the SKOD: to encourage a pedestrian-friendly atmosphere in Siesta commercial districts by ensuring buildings are close to the sidewalk.

The county commissioners asked staff to work on an amendment to achieve the modifications Bailey had sought. However, on Aug. 29, the majority agreed that the zoning text amendment should be the focus of a private initiative.

   In the meantime, Bailey explained to the Planning Commission, Siesta Acquisitions filed a petition in the 12th Judicial Circuit Court, seeking to overturn the BZA decision. The attorney who handled that on behalf of Kompothecras, Bailey continued, has worked with the Office of the County Attorney to keep the litigation in abeyance, pending a resolution of the zoning amendment initiative.

   During her public comments to the board, Lourdes Ramirez, president of Siesta Key Community, pointed out that she was involved in the development of the SKOD regulations. The intent, she explained, was to make the smaller-scale buildings in Siesta Village more easily visible, since parking is allowed in front of them. “But we never wanted a tall building,” Ramirez stressed.

Bob Waechter, who said he has lived on Siesta for 40 years, countered Ramirez’s comments, telling the board, “I believe I’m the only person in the room tonight who actually sat through the whole process.” Ramirez joined the discussions in the final months, he added.

Waechter emphasized that the intent of the SKOD was to have commercial buildings only 2 feet from the street.