Parking resolution a blow to submerged land owners

Erika and Achim Ginsberg-Klemmt ultimately want to build a 70-foot dock on land they purchased off Siesta Circle.

But at its Dec. 8 meeting, the Commission voted unanimously to amend a 2003 resolution to prohibit parking on both sides of Siesta Circle, making it more difficult for the Ginsberg-Klemmts to obtain permission to build that dock.

As a result, they will have to obtain permission to build without the aid of publicly available streetside parking. The permit they applied for requires two parking spaces, though not necessarily public, be available.

“Today they told us there’s no public parking,” Erika said. “The (Water and Navigation Control Authority) told us we can’t park on our own land because it’s wetlands.”

Most of the land the Ginsberg-Klemmts own is under water, with about 1,500 square feet of upland property contained in the parcels. The Ginsberg-Klemmts' were hoping to open up the public right of way for parking in order to satisfy one of the requirements required for a minor work permit.

Language in a resident-initiated ordinance passed in 2003 prohibited the public from parking along parts of Siesta Circle. The county said the resolution was meant to include both sides of the street, but didn’t because of an error.

If that language was retained, parking would not have been prohibited on the right of way adjacent to the Ginsberg-Klemmts’ property.

After the original resolution passed in 2003 however, in spite of language saying parking was prohibited on the west side of the street, signs were posted on both sides.

County staff confirmed the original intent with residents, according to a memo from County Administrator Tom Harmer’s office, before recommending commissioners amend that resolution to include both sides of the street.

The Ginsberg-Klemmts said the board’s decision would not deter them from moving forward with their appeal of the Water and Navigation Control Authority’s original determination, on Oct. 9 2015, to deny permission to build their dock.

“We’ve lost the battle,” Erika said, “but not the war. Tomorrow we’ll focus on the (dock) permit.”