Rooftop bar triggers noise concerns

Residents and city officials are raising vocal concerns about noise from the rooftop bar at the Art Ovation hotel on Palm Avenue.

At the Feb. 1 City Commission meeting, Commissioner Jen Ahearn-Koch said a series of events at the Perspective Rooftop Pool Bar triggered complaints from people living nearby the downtown hotel.

“I could hear it from my house, and I live a mile and a quarter away,” Ahearn-Koch said. “It was just over the top.”

Shortly before midnight Feb. 12, Sarasota Police Department officers found the Art Ovation property in violation of the city’s noise ordinance. Because the bar manager had received a warning earlier this year, the police issued a notice to appear in court.

Andrew Clearie, a resident of the Bay Plaza condominium on Gulfstream Avenue, appeared at Tuesday’s commission meeting to share his experience as a neighbor of Art Ovation. He said music from the rooftop bar has created issues for more than two years. Clearie said his wife covers her head with a pillow to get to sleep, and he sometimes takes refuge in an interior closet.

“We have had Sarasota city police on our balcony between 11 p.m. and 1 a.m. taking decibel readings,” Clearie said.

In addition to citing the property for noise violations, the city is investigating whether the hotel bar is operating in compliance with zoning regulations. At the direction of City Manager Marlon Brown, the city sent a letter to representatives for Art Ovation requesting information on the operations of the rooftop bar.

The letter, sent Jan. 26, notes that the city continues to receive complaints about noise associated with the business. The letter also highlights the zoning code definition of a bar and restaurant — the former “devoted primarily to the retailing and on-premises drinking of … alcoholic beverages,” the other principally devoted to both food and beverages.

Stephen Rees, an attorney representing Art Ovation, said the hotel was approved and is operating as a hotel — which is allowed to have ancillary facilities including a restaurant and bar. Rees said the hotel has a singular restaurant operation with a full liquor license, which covers the rooftop bar, the Overture Restaurant and room service. Rees also said the hotel has taken steps to monitor and address noise issues.

A spokesperson said the city is reviewing the response from the hotel. Ahearn-Koch has asked staff to place an item about the hotel on the agenda.