Siesta Key condo replacement measure denied by county

Nearly four years ago, architect and private citizen Mark Smith appeared before the Sarasota County Commission, making the case for an amendment to the county’s Comprehensive Plan to allow Sea Club V condominium owners to voluntarily demolish and rebuild the property at its current, nonconforming density.

On Nov. 12, now County Commissioner Smith was again before the board making the same argument not only for Sea Club V, but all other condominium communities built on Siesta Key prior to 1986 that do not conform to current density standards. 

Needing a supermajority of four votes to transfer a proposed Comprehensive Plan amendment to Tallahassee for review — and himself recused from the vote — his colleagues instead unanimously, if not regrettably, sided with staff and the Sarasota County Planning Commission recommendations in denying the change.

Prior to the vote, Smith had argued the amendment would not further intensify density on any property, and the primary impact would be height and possibly coastal setback as any rebuild would require understory parking to raise the structures above coastal flood danger. 

Under current FEMA regulations, condominiums such as Sea Club V can rebuild to their current density — which is 41 units — if damage sustained from a natural disaster such as a hurricane exceeds 50% of the value of the property.

“And once you're damaged to a certain extent, you're not going to be able to raise the condominiums up to flood elevation, and so you'd have to rebuild,” Smith said.

However, should owners of a condo building voluntarily elect to demolish and rebuild to achieve greater storm resilience, they must follow post-1986 density restrictions. Sea Club V could replace its 41 units with only 18.

Such aging, nonconforming condo properties scatter throughout Siesta Key, Smith argued, all of them facing a similar fate that the proposed Comprehensive Plan amendment would remedy. 

“If we have more resilient buildings, it is in the best interest of the public,” Smith said. “This would allow demolition and rebuilding of condominiums before they're destroyed or damaged severely by a storm, and before perhaps even the loss of life.”

Seven members of the public spoke against the amendment, including Protect Siesta Key President Lourdes Ramirez, who cited concerns about developers taking advantage of an opportunity to buy, demolish and redevelop properties. 

In addition, she referenced an inequity where a condo must be rebuilt if it's destroyed by a natural disaster. Meanwhile, one voluntarily demolished and rebuilt to prevent such destruction will be permitted to exceed its footprint, height and setback requirements.

Commissioners also remarked that no representatives of Sea Club V, nor any other affected condos, spoke in support. Smith said he advised Sea Club V owners to not appear as the publicly initiated proposal was instead about all nonconforming properties. 

Once the matter turned to the dais for discussion, Commissioner Tom Knight — who found himself unable to disagree with unanimous Planning Commission votes to recommend denial — described the moment as “uncomfortable.” 

“It makes me very uncomfortable as a friend of Mark and who I have a deep respect for, and I work with,” said Knight, adding he watched the Planning Commission meetings. “I trust what I watched and I trust what I read, and I just can’t deviate.”

Chairman Joe Neunder, who passed the gavel in order to make the motion to deny, said his experience with the subject extends beyond the Planning Commission and staff recommendations and into the streets of Siesta Key.

“A little bit of Siesta is my district, and I get around the town and speak to people, but I just can't recall anybody who has been adamantly supportive of this comp plan amendment,” Neunder said before directing further comment to Smith. “Like Commissioner Knight, you know you're our friend up here. You're a good guy. I can't get behind this one for you for those reasons.”

Commissioners Ron Cutsinger and Teresa Mast joined them in denying the amendment proposal.