Siesta Key property owners come back from the drawing board a fourth time and are denied

Owners of a vacant lot at 162 Beach Road on Siesta Key came before Sarasota County commissioners for the third time Wednesday, seeking permission to build a single-family home. The vote came after mediation with the county attorney and staff that resulted in a recommendation for a public hearing on the proposed construction.

Commissioners denied the request despite a warning from attorney Bill Merrill, who represents owners Robert and Sania Allen, that the county has three options: approve the petition, buy the land or face litigation.

At the center of the issue is the Gulf beach setback line, a boundary set in 1978 by Sarasota County to prevent shoreline loss from construction and excavation. Seaward properties between the line and the water are subject to erosion and storm surge, according to the county.

The line runs approximately along Beach Road near the lot, and the Allens want to build a home entirely seaward of that line.

Though construction beyond the line is sometimes approved, it is usually part of an existing structure, according to Peter van Roekens, a resident and representative of Terrace East condominiums who opposes the proposal. The Allens’ property has always been vacant.

Several Siesta Key residents have historically opposed variance petitions out of concern that they would set precedent for allowing construction on similar parcels or more construction on the Allens’ parcel.

Van Roekens said the excavation that would accompany the proposed 2,779-square-foot home would put other properties at risk of flooding or damage. He also worries construction might result in requests to build a seawall that could contribute to erosion on adjacent properties.

According to county staff’s analysis, the property is located near a critically eroded beach, though the beach itself has been gaining sand since 2009. During Tropical Storm Debby in 2012, the property flooded.

But Merrill argued that approval would not set precedent because there are only two properties on Siesta Key with the same circumstances, the second of which is a lot adjacent to the property. Other vacant lots on the shoreline are owned by the county or nearby condominiums.

The property was first platted in 1926. The first petition for construction came in 1993, before the Allens purchased it and after the establishment of the Gulf setback line. The commission denied that petition to build a 5,200-square-foot home.

Explaining his decision at the meeting, Commissioner Alan Maio said, “It does matter to me a bit that it was purchased after it was denied once.”

The Allens purchased the property for $5.4 million in 2009. The county denied two previous petitions to build a home there in 2011 and 2013.

Mediation between the Allens and the county led to a 10% reduction in the size of the house, a 40% reduction in the size of the driveway and moved the structure 6 feet closer to the Gulf beach line.

The Allens did not respond to phone calls seeking comment.

Commissioners didn’t give specific direction to staff Wednesday.

“(Approval) sets a precedent I’m not comfortable with,” said Commissioner Paul Caragiulo. “Ultimately, maybe we do need a judge to tell us what to do in a very specific situation like this.”