County holds firm in Beach Road property negotiations

Despite concerns about potential litigation, the County Commission hopes to resolve an issue with private property owners.


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  • | 12:51 p.m. October 18, 2017
The two properties span less than half an acre on Siesta Key's Beach Road, near Beach Access 4.
The two properties span less than half an acre on Siesta Key's Beach Road, near Beach Access 4.
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With the threat of litigation hanging over them in September, county commissioners didn’t budge from their initial offer in negotiations with Beach Road landowners selling their properties to the county. 

Now, one of the two owners has accepted the original offer, and the other responded with a letter to the county. At the time of publication, staff were reviewing the letter but did not disclose its contents. 

For years, the owners of land at 162 and 168 Beach Road have been unable to build on their properties. The  properties cover less than half an acre and sit beyond the Gulf Beach Setback Line, established to prohibit coastal erosion associated with new construction.

Since 1992, the county has denied four requests for variances to build single-family homes on the land. The property owners nominated the land to be purchased by the county in 2015.

After a staff review of the properties, the commission offered the property owners about $1.4 million each for their land. 

In June, the owners returned a written counteroffer for $650,000 more, which included restrictions for the 168 Beach Road property.

Because the county had denied multiple requests to build on the land, officials feared potential litigation if they didn’t accept.

“Where do we go from here?” Commissioner Charles Hines said. “They’ll sue the county, claim their property rights have been taken?”

An attorney for the owners of the 162 Beach Road property, Bill Merrill, spoke to the commission about the request.

“The property owners aren’t being hogs about this,” he said. “They aren’t overstepping. They’re well below their appraisals and they’re even below the county’s appraisals.”

The properties have been valued at up to $1.85 million and $2 million, but Commissioner Mike Moran questioned the accuracy of the appraisals.

“It’s questionable to staff whether or not the land is buildable,” he said. “The value is substantially less if it’s not.”

Under the current zoning, property owners could build a home, if the commission approved a coastal setback variance. It could be a daycare facility, a park or a clubhouse; by special exception, a school, a cemetery, a worship center, a restaurant, a country club, commercial parking or a bed and breakfast could be allowed. If the county purchases the land, it will likely be used for expanded public beach access.

Unsatisfied by the negotiations, Commissioner Nancy Detert wanted to stop the process of purchasing the property, arguing that the price is too high for what the county could do with it.

In the end, the commission voted 4-1 to stick with the original offer, to which the owner of the 162 Beach Road property agreed. At publication time, the owners of the 168 Beach Road property had not agreed to the offer.

 

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