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DUPLEX ISSUE - THE FINAL CURTAIN BY LOURDES RAMIREZ | |
| During our 60-year history, Siesta Key Association (SKA), has worked diligently to preserve our island paradise. Generally, our projects and goals are in sync with Sarasota County, such as the opening of Midnight Pass. For other projects, such as the redevelopment of Turtle Beach Park and last year's duplex issue, we have used all methods possible, including hiring a legal team, to convince the County to do the right thing. We have the utmost respect for Sarasota County. SKA's priority is quality of life for our residents and property owners; we will continue to work hard with the County to benefit our island. THE DUPLEX ISSUE FINALE As of May 2007, the controversial duplex issue can be considered finalized. For those unfamiliar with this issue, it was a 2-year effort by SKA to stop Sarasota County from changing our laws to increase density on undersized lots. The law was clear that a property must meet the density maximum limits, unless it is a pre-1960 undersized lot that would allow only one housing unit. In 2005, SKA discovered that the County had been issuing permits for double the number of housing units (density) allowed by law. This May, the County Commission signed Zoning Code amendments that preclude new duplexes being created on undersized lots on Siesta Key. Two years and approximately $75,000 in legal fees later, SKA proved our case to the County. Our members contributed about $55,000 to offset legal costs. The fact that the County voted 5-0 NOT to change our laws to allow increases in density, made our effort worth every penny. MOVING FORWARD Recently, a developer sued Sarasota County to overturn their decision. Fortunately, the judge ruled against his request. Although the decision is under appeal, the judge's ruling stated that the Zoning Code has clear language to establish a density requirement for nonconforming lots of record. The judge | makes
it clear that the Zoning Code does establish the maximum number of units
for each nonconforming lot of record as only one home. SKA has made this argument
with Sarasota County for the past 2 years. The judge also admonished the
County for continuing to violate its zoning code. His ruling states, '...the Board argues that County employees should have the ability to "get it right" by fixing their unlawful conduct. The Court concurs with the Board in this respect; however, the idea that County employees can make repeated mistakes in interpreting and applying the Zoning Ordinance on a case-by-case basis causes the Court concern. Going forward, the County must consistently apply the Zoning Ordinance to reflect the current interpretation of duplex construction on nonconforming lots of record.' We realize when it comes to zoning on Siesta Key, nothing is ever truly settled. Our experience demonstrates a need for constant vigilance on zoning issues. Developers may attempt to reopen the duplex issue via future zoning code amendments. In fact, one property owner recently attempted to combine several nonconforming duplexes into a megaplex. Fortunately, SKA managed to convince the County Commission NOT to consider changing our zoning code to allow nonconforming buildings or lots to be combined unless it meets Zoning Code standards. In the meantime, SKA is working closely with the County's staff on the 2008 Zoning Code update. SKA will do its best to protect our residents' and property owners' quality of life. CONTINUED LEGAL SUPPORT NEEDED We are asking our members to help defray the balance of the legal costs incurred in the past year. We greatly appreciate all of your donations to our legal fund made and hope you can continue to help. Without your support, we would have not been able to use Shumaker, Loop & Kendrick, to help win our case. |
| TURTLE BEACH PARK - FUTURE PLANS BY RON FLYNN | |
| Sarasota County purchased the campground adjacent to Turtle Beach Park in order to expand the Park and incorporate the county-owned land and beach north of the campground. Many local residents feel that continued use as an R/V park denies access to the public for general park uses. They also believe that such continued use violates zoning, density, ordinances, and the Comprehensive Plan, even though the use as a campground is "grandfathered." Taxpayers are entitled to what they voted and paid for: additional park grounds open to the public for general park uses. Other code violations and practices continue to be allowed by the County (e.g., fire code, flood zone, setbacks, buffers, street entrance, site size, dumpster location, and density. The campground parcel (approximately 1.75 acres) is zoned Residential Single Family 1(RSF1), allowing 2.5 single-family units per acre). The "grandfathering" rule restricts any improvements. Efforts to rezone for campground use will be opposed, equating to added taxpayer expense. Campground use negatively impacts adjacent property values. Sarasota taxpayers cannot be expected to subsidize lodging. Current income does not justify the $6,225,000 purchase price; if privately owned, the land would generate about $100,000 taxes. The Turtle Beach Park Stakeholders Workshop, hosted by Sarasota County Parks and Recreation in November, allowed participants to provide input on the park's future. Some county staff members favor continued use as a campground. At a December follow-up public meeting, three conceptual plans were presented: one with a camping component and two without. One plan relocates boat ramps directly off Midnight Pass Road on the east side of the park. While providing most efficient traffic flow, this plan may be the most costly . Ron Flynn presented the following SKA position regarding uses of Turtle Beach Park (including the acquired RV park) at the meetings: No overnight parking or camping of any kind (i.e., RV, trailer, tent,"chickee hut", etc.). | Allowable uses
SKA requested that SKA's position be considered in the ongoing development of Turtle Beach Park. Parks and Recreation will present the concept plan to the BCC on January 9, 2008. Please provide your input on this issue to the Sarasota County Commissioners. |
| MIDNIGHT PASS UPDATE BY BOB WAECHTER | |
| In December, SKA sponsored a community information event, in conjunction with the Midnight Pass Society and Sarasota County, on the progress of obtaining permits to finally restore Midnight Pass and the anticipated environmental benefits of that restoration, About 300 folks took time from their holiday season to learn that things are looking quite positive . Permitting agencies are completing their requests for information and a final determination could come by spring of 2008. County consultant and Pass designer, Karyn Erickson, of Erickson Consulting Engineers, provided a detailed slide presentation of the permitting and planned construction process. An animated modeling presentation showed how current tidal exchanges compare to those predicted following Pass restoration The differences were clear and dramatic: currently no exchange exists in the majority of the bay over a 30-day period. After Pass restoration, 100% exchange in the bay over a 30-day period (actually almost 100% exchange in only 10 days) is projected. Added light penetration from clearer bay waters will open up 150 – 800 acres of bay bottom to new sea grass colonization. Those who recall the acres of lush turtle and manatee grasses in the bay prior to pass closure in 1983, will also recall bay shrimp and myriad other critters living in the grasses. These same critters will once again attract flocks of grazing sea birds and predator fishes. For a copy of the brochure provided, stop in at CB's or Economy Tackle or call 349-0798 and ask for one by mail. Cleaner waters, acres of sea grass, and a return to the historic environment that drew the first settlers to Little Sarasota bay in the 1800's, could all happen as early as next year with your help. Support the Midnight Pass Society; give your input to County Commissioners. | |