City halts progress for 18-story condo development Obsidian

After two years of waiting, the red shirt-wearing opponents of the condominium project at the 1200 block of North Palm Avenue known as Obsidian finally had their day before the Sarasota City Commission.

Eventually, they will likely have their day in court.

By a 4-1 vote with Mayor Liz Alpert opposed, the commission on Tuesday sided with the appellate Bay Plaza Owners Association, reversing the Planning Board’s denial of its appeal of the administrative approval of the 18-story, 14-unit, 327-foot-tall Obsidian, which developer Matt Kihnke proposes to build an adjoining 0.28-acre parcel. 

Kihnke, represented by attorneys Brenda Patten and Robert Lincoln, is now likely to appeal the ruling to the 12th Judicial Circuit Court where it will argue, once again, that despite its planned height the project conforms to the city’s Bayfront Zone District code requirements, save for three administrative adjustments that are not out of character in several downtown residential towers.

Photo by Andrew Warfield

The three administrative adjustments were:

• Parallel façade: To reduce the coverage by 20.8%, from the 133.61 feet required to 105.87 feet proposed. The lot has 148.45 feet of total frontage. 
• Habitable space: To reduce the required 20-foot depth of habitable space by 6.5% on the ground floor from 105.87 feet to 99.02 feet; and by 8.6% on the second floor from 148.45 feet to 135.7 feet. 
• Retail frontage: To reduce the required retail frontage by 9.4% to 95.89 feet of frontage from the 105.87 feet required

Those adjustments are necessary, the developer’s attorneys have argued, in order for any multi-story structure to be built on the site, whether it’s 18 stories or two. In order to conform with utility, vehicle and pedestrian access and fire code requirements, the reductions in parallel façade and retail frontage will be necessary no matter what is in place of the current mid-century retail strip.

Courtesy image

Dozens of members of the public who spoke about the project — none of them in favor — brought complaints about the out of scale, height and alleged abuse of interstitial space — the vertical space between floors — to achieve it. They also complained of plans for staging refuse collections, construction safety issues and more. None are factors commissioners were instructed at the outset of the day-long special meeting that were germane to their deliberations.

“When Bay Plaza was built in 1982 it towered over the adjacent uses, including the one-story commercial on Palm Avenue, which they're now saying that they want to protect,” Patten said. “That's how Bay Plaza would like to remain, just the way things are. So the question is, would Bay Plaza accept anything else? The answer is no. They really don't want anything next door."

Patten cited as an example when developer Mark Kaufman, who previously owned the property, attempted to build a seven-story development there, which the Bay Plaza board unanimously opposed.

Representing the Bay Plaza residents, attorney Morgan Bentley based his case in the quasi-judicial proceeding primarily on neighborhood compatibility. Bentley punctuated his arguments by saying if Obsidian was a conforming structure, the hearing before the commission wouldn’t have been necessary as it would be in compliance with the city's land development regulations (LDRs).

Photo by Andrew Warfield

“They fail by definition. How do we know? Because they're here,” Bentley said. “If they had a project that was in keeping with all the standards and criteria described in the pertinent sections of the LDRs, they wouldn't be here. They have to be here because they don't meet all the requirements.”

In rebuttal, the city’s Manager of Development Services Allison Christie countered Bentley’s statement.

“It was stated that ... if they complied with the zoning code, we wouldn't be here today,” Christie said. “We’re here today because it was appealed, so it has nothing to do with whether or not it's compliant with the code. Someone appealed the decision, and that's why we're here today.”

Christie added that, at 327 feet, Obsidian would not be significantly taller than other buildings recently approved in the Downtown Bayfront at 280 to 290 feet in height.

In her motion to uphold Bay Plaza’s appeal, Commissioner Jen Ahearn-Koch cited multiple code inconsistencies, which were backed up by Kathy Kelley Ohlrich, Kyle Battie and Vice Mayor Debbie Trice. 

Photo by Andrew Warfield

That left Alpert as the lone supporter of the project.

“My conscience says that it meets the criteria for the Sarasota City Plan and should be approved,” she said. “It is not much taller than other buildings that are being approved now. The height over Bay Plaza is not a lot more than some other buildings in the city regarding the differences in the height. They have only 59 feet of interstitial space, not much more than any other building being built.”