Commission puts off Siesta Key zoning discussion

Before considering the possibility of new setback rules, commissioners ask for more guidance.

By Cassidy Alexander
| 8:30 a.m. February 1, 2018

A crowd, including 23 people who signed up to speak about the amendment, waits for the public hearing to start.

Siesta Key
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What was supposed to be the conclusion of a debate that’s put Siesta Key business owners and residents at odds since early summer ended in a continuance by the County Commission.

Hotel plan waits for zoning OK

Wait, what does this have to do with a hotel on Siesta Key?

The setback issue originally arose as part of 1-800-ASK-GARY founder Gary Kompothecras’ efforts to put a hotel on Siesta Key.

At a hearing in June, Charlie Bailey represented Kompothecras on the matter. Since late 2016, residents have been concerned over the lack of specific plans in place for the proposal, and are hesitant to support a change in the zoning codes without knowing what’s coming.

Bailey and Kompothecras argue plans for the “boutique hotel” on Kompothecras’ 15,000-square-foot property on Old Stickney Point Road cannot be drawn up until the setback issue is settled.

After appearing before the County Commission in July to find a legislative solution, Bailey began representing Clayton and Diane Thompson, owners of Clayton’s Siesta Grille near the south bridge on the Key.

Asked about the switch, Bailey said Clayton Thompson wanted to start the zoning text amendment process to benefit all business owners.

Throughout the process, residents have pointed to the possible hotel as a reason they don’t want to see the zoning amendment approved, but Bailey has urged the county to just look at the code language and not the potential for a hotel development.

At its Jan. 30 meeting, the commission held a public hearing on the possibility of changing Siesta Key zoning regulations that could allow buildings in commercial areas to be built closer to the sidewalks.

The change would have eliminated a strict set of regulations in favor of a system in which setbacks would be determined on a case-by-case basis. Although commissioners were open to the change, they debated over the language of the zoning text amendment and wanted to see more guidelines on how they would make such decisions.

“Put very simply, there’s just a lot of question marks here,” Commissioner Paul Caragiulo said at the end of a more than four-hour hearing. “There’s just way too many unknowns, and I’d like to have our staff dive a little more into the planning piece of this.’’

The Planning Commission recommended approval of the change in December, but staff wrote in a memo to the County Commission that clearer guidelines about how setbacks should be decided were needed.

Representing Siesta Key business owners, Charlie Bailey asked for setbacks on commercial buildings to be determined through a special exception process.

More than 20 Siesta Key residents on hand spoke in opposition to the change. Only Mark Smith, a Siesta Key architect and business owner, spoke in favor of it.

Those against it expressed worries that reducing the setback would change the character of Siesta Key.

“Why can’t you stop this insanity in its tracks?” Robert Sax asked.

How did we get here?

April 5, 2017 — A county zoning administrator issued an interpretation of the part of the Siesta Key Overlay District that relates to street-yard setbacks. The administrator said the setback was 2 feet, except when the building is taller than 35 feet. After that, the the setback increases to 25 feet or half the building’s height.

June 12, 2017 — The Board of Zoning Appeals upheld the zoning administrator’s interpretation, despite arguments from Land Use Attorney Charlie Bailey that the code intended there to be a 2-foot setback no matter the height.

July 12, 2017 — Charlie Bailey, Gary Kompothecras and several Siesta Key business owners appeared before the County Commission to speak against the BZA decision, and ask commissioners for help. They said to go for a zoning text amendment.

Dec. 7, 2017 — The Sarasota County Planning Commission heard from residents who opposed the change, but ultimately voted 8-1 to recommend approval of the zoning text amendment to the County Commission.

Jan. 30, 2018 — The County Commission voted unanimously to continue the public hearing to April, to give the petitioner and county staff time to find the right language for the amendment.

“This is a wonderful place to have fun,” said John Huber about the Key. “Please don’t take it away from us.”

Commissioners said they favored adding flexibility to the zoning code, but Commission Chairwoman Nancy Detert cautioned against allowing a petitioner — in this case, land use attorney Charlie Bailey, who was representing Siesta Key business owners — to write code.

“We should be writing the code. It’s not our job to write code so your client can put 20 pounds of mud in a 10-pound bag,” she said. “We’re willing to be creative and flexible, but I want to see our own (county) staff write code that we agree with that maybe his client fits in.”

In the end, the commission voted unanimously to put off the hearing to the afternoon of April 11. In the meantime, Bailey and county staff will work together to address commissioners’ concerns, and in April there will be another public hearing for residents to consider the amended language.