Another Potential Violation of our Comp Plan - Lourdes Ramirez

 

Monthly News & Updates July 2024

Another Potential Violation of our Comprehensive Plan Public Hearing before County Commissioners scheduled for July 9

Here we go again…Another possible violation of our Comprehensive Plan! Siesta Key is currently dealing with three proposals that aim to increase the population and development on our island. The most recent proposal that will be heard by the Sarasota County Commission on July 9th may also impact Manasota and Casey Keys. The following is a brief overview of all three proposals. A link to a copy of the letter Protect Siesta Key (PSK) plans to send to the County Commission for the July 9th public hearing on nonconforming lots of record will be listed below. Please be aware that Protect Siesta Key opposes any changes to the Comprehensive Plan that would endanger the decades-old regulations protecting all barrier islands. We also oppose any changes to the zoning code that conflict with our Comprehensive Plan. Summary of the three proposals to increase density on barrier islands: 1. Mega-hotels for Siesta Key: Benderson Development is proposing to alter long-standing protective growth laws in our Comprehensive Plan to construct large hotels on our fragile island. The Comp Plan amendment is expected to be reviewed by the Planning Commission and Board of County Commissioners in late August or early September. Visit our website, Protect Siesta Key.org for additional information on this proposal. 2. Condo rebuilds on Barrier Islands: Sarasota County is considering changes to our Comprehensive Plan to increase the size of condo buildings in the Residential Multi-family Districts on the barrier islands. There is a proposal to allow condominium structures built decades ago with densities and height that exceed the maximum permitted in the current zoning regulations to become even larger. The Siesta Key Condominium Council is leading the effort to oppose this change. The Planning Commission recently denied the proposed change to the Comp Plan 8-0. The next step is to go before the County Commission, which might occur in the fall. To read more about the concerns, use this link to the SKCC letter to the Planning Commission.

And the recent proposal that will be heard by County Commissioners on July 9th… 3. Nonconforming Lots of Record on Barrier Islands: Before the adoption of the 1975 zoning regulations, several areas on the barrier islands were platted with small residential lots, some with a width of only 25 feet! These lots are called ‘nonconforming lots of record,’ as they do not conform to the minimum lot sizes required by our zoning codes since 1975. In 1989, Sarasota County adopted laws acknowledging that some homes on existing nonconforming lots of records can continue to exist. To protect property rights, a property owner can rebuild on those tiny lots as platted but can’t change the lot lines. The goal of our zoning regulations since 1975 is to have these small lots to cease to exist. According to our Comp Plan, all lots created since 1975 must meet minimum lot size requirements for their district. The Protect Siesta Key letter to the County Commission (Link) includes a hypothetical example of a Residential Single Family 1.2-acre parcel that legally can have 3 homes but contains 10 nonconforming lots of record that were platted in 1912. Due to regulations such as minimum setback requirements, most property owners choose to combine nonconforming lots of records into legally conforming lots, which would comply with our Comprehensive Plan. The proposed change to the Unified Development Code will allow developers to count the tiny lots as ‘density’ which is not allowed in our codes and combine that number into multiple homes on a parcel. The developer lawyers claim they can ‘reduce density’ if they promise not to use all of the old nonconforming lots of record on a parcel. The proposal to allow this is in violation of our Comprehensive Plan that requires the County to follow the 1989 Zoning regulations for barrier islands. In 1989, the zoning regulations did not allow for the developers to change the nonconforming lots of record lines or count it as density.  The proposed change in Ordinance 2024-034 will violate the Comprehensive Plan as we described in our letter to the County Commission.  Link to PSK letter opposing UDC amendment 2024-034 Link to PSK Attorney Richard Grosso letter to BCC The Board of County Commissioners is scheduled to hear this proposal on Tuesday, July 9th. Location: Board of County Commission Chambers R.L. Anderson Administration Center, 4000 S. Tamiami Trail, Venice, Florida To write your objections to the County over this proposal or to just state to the County that they MUST NOT pass zoning laws that violate our Comprehensive Plan, send an email to Commissioners@scgov.net Or to each commissioner with a copy to the planner: jneunder@scgov.net, nrainford@scgov.net, mhsmith@scgov.net, mmoran@scgov.net, rcutsinger@scgov.net, planner@scgov.net Thank you. Lourdes