Town seeks to make nonconforming properties whole

A debate on how to deal with non-conforming density on Longboat Key as the town works to revamp its Comprehensive Plan and land development codes is ongoing.

At a special joint workshop between the Longboat Key Town Commission and the Planning and Zoning Board, commissioners and planning board members continue to wrestle with how to allow approximately 100 nonconforming property owners Key-wide more incentives to rebuild.

Town staff recommends establishing 16 potential new zoning residential districts for multi-family residential properties that are currently nonconforming. Planning, Zoning and Building Director Alaina Ray said the move would simply establish the districts and no properties would move into the districts unless they seek to rebuild and hold a referendum.

The town also seeks to provide incentives for modernization and reconstruction while also allowing a potential density increase on those properties to two units per acre instead of one. Property owners could then redevelop their current buildings with possibly bigger units, while not losing any existing units. The proposal allows for a potential increase of 351 potential additional multi-family units Key-wide for those properties.

But Commissioner Phill Younger said Monday that data staff has collected from the county property appraiser’s offices is incorrect in regard to the number of units for some properties.

“We can’t afford to seek referendum approvals to increase density and then find us short of the mark,” Younger said.

Younger believes a referendum approved in 2008 that allows properties to rebuild to their current levels already granted the non conforming properties conforming status.

Town Attorney Maggie Mooney-Portale, though, will give a legal opinion on whether Younger’s assessment of nonconforming properties is correct.

Younger also supports a pool of additional units that applicants could dip into if and when they are ready to redevelop and seek additional units. With his belief that nonconforming units are already conforming, Younger also thinks one zoning district can be made and applicants can be reviewed for additional units as they submit site plan applications and go through a referendum process.

Staff was given direction Monday to look into the possibility of creating a multi-family residential unit pool. While staff will continue to look into its concept of new districts, Younger’s concept will also be looked into while a legal interpretation from the town attorney is made. 

Another joint meeting between the two boards will be scheduled once staff has enough time to vet concepts and bring them back for the two boards to review together. 

Contact Kurt Schultheis at [email protected].