By Phil Colpas
Score another round for the developers.
Despite objections from Commissioner Nancy Detert and the Siesta Key Association, county
commissioners voted 4-1 to approve a coastal setback variance to allow a swimming pool to be
built a maximum of 230 feet seaward of the Gulf Beach Setback Line at 104 Beach Rd.
Although this portion of the March 8 meeting of the Board of Sarasota County Commissioners
was declared a public hearing, no speakers were present. Commissioner Michael Moran made
the motion to pass the coastal setback variance, which was seconded by Commissioner Ron
Cutsinger. The motion carried 4-1, with Detert as the only dissenting voice.
“Once again, I think we are opening Pandora’s Box [by] not keeping our own rules,” Detert said.
“I intend to vote no on this because it’s a proposed swimming pool and a pool deck, which are
accessory structures. If you’re not able to have a swimming pool, that’s not recognized as an
unreasonable hardship on yourself or the land.
“This is the first pool to be in that row,” Detert continued. “Once again, we always say we’re not
setting a precedent, but we are, because everyone uses the prior as their rationale to have the
same thing. And we have sand that comes and goes, and I’m just going to consistently vote no,
and hope you do, too.”
Siesta Key Association president Catherine Luckner echoed Detert’s concerns in a letter that
was shared with the commissioners, but not read aloud at the public hearing.
“The Siesta Key Association of Sarasota (SKA) supports property rights on Siesta Key,” Luckner
wrote. “We note the property is within a State of Florida defined area of Critical Beach Erosion.
The seawall, defined as an enclosure for an accessory pool structure, could become a high
impact point of wave energy, resulting in ‘wash out’ as well as over-wash of property, with
accompanying changes in beach profile and sand loss.”
Although accretion has been noted since 2016, this beach area is prone to severe erosion, with
gulf front wave action and wind. Surrounding streets continue to be flood prone with a westerly
storm approach.
“We do not find that strict enforcement of the code would impose unreasonable or unjust
hardship upon the land itself,” Luckner continued. “In fact, enforcement supports benefits to the
land, beach accessibility and property security.”
The original GBSL/Coastal Setback Variance, granted in 1999, established the minimum
reasonable use of the existing property, and redevelopment of the site was permitted. According
to Luckner, the county commission at that time exceeded the criteria by expanding the footprint,
allowing the current “beautiful structure” to be built.
“Therefore, minimum reasonable and ‘just use’ criteria of this property is attained, and presently
occupied by the same owners (2005) under that 1999 Coastal Setback Variance. Approval of
this variance would create a singular property of its kind within this section of beach front along
Beach Road. Based upon the fluctuating beach profile, open to Gulf storms, the history of
erosion and over-wash vulnerability, wisdom and guidance of environmental regulation suggests
denial of this accessory structure on the beach front.”
Despite objections, this is the latest in a slew of county commission decisions supporting both
private and commercial development on Siesta Key.
