An approved setback variance led to the county getting acres of property for regulated public beach space, while a private interest will have a buildable lot.

By ChrisAnn Allen

It took mediation, but in the end, the swap will benefit both parties, as well as the public.

The Sarasota County Commission voted 4-1 this week to approve a coastal setback variance allowing construction of a single-family home at 162 Beach Road on Siesta Key.

The decision settles a lawsuit between Siesta Key Beach Lots LLC, headed by local business owner Michael Holderness, and the county, and stipulates the county swap its lot, purchased in 2017 for $1.4 million through its Neighborhood Parkland Acquisition Program, for Holderness’s nearly 4 acres of unbuildable lots, to become a county-regulated public beach park.

The board’s action finalizes a 2024 settlement with Holderness, who had sued the county over claims that officials effectively took private land by encouraging public access near Beach Access 3 — part of the lots the county now will manage. The agreement called for a land swap and required county approval of a variance to allow construction seaward of the Gulf Beach Setback Line (GBSL) – the proverbial “line in the sand” beyond which no construction is permitted without exceptions – established in 1979 due to storm surge and flooding concerns.

“For many years, there was a narrative to open Beach Road, ‘save our public beach,’ and now, by working together with the commission, we have finally made this happen,” Holderness said Nov. 6, following the commission decision. “This is all going to be about four acres of white, sandy, public beach managed under park and recreation rules, so our deputies will have enforcement authority to ensure people treat it kindly.”

Holderness said, before his mother, Judith Ann Holderness, passed, she asked him to do his best to make the beach public. “She said, ‘serve the community and the community will serve you,’ and that is how I have always acted,” he said. “So, we finally did it, the commissioners voted it in yesterday, and now Sunset Point at Access 3 will be a public beach forever.”

Legal and Environmental Concerns

Siesta resident Lourdes Ramirez, president of the neighborhood activist group, Protect Siesta Key, urged commissioners to deny the variance and said her group was considering legal action. Ramirez said the property qualified for parkland protection under the county’s Unified Development Code, which limits how lands purchased through the park program can be sold or repurposed.

“This entire parcel met that criteria,” Ramirez said. “It was purchased precisely for the environmental and public access value.” She added her concerns for protecting the parkland property and said she had hired a court reporter for possible future litigation. “Because the law is clear; Sarasota County cannot sell, give away or repurpose land purchased under neighborhood parkland.”

According to County Attorney Joshua Moye, the settlement involved the county acquiring four beach lots — Lots 15, 16, and 17 in Block 7 and Lot 26 in Block 8 of the Mira Mar Beach subdivision — in exchange for transferring Lot 12 in Block 8 at 162 Beach Road to Siesta Beach Lots. He asserted, due to the nature of the swap, the new property will fulfill the obligations of the previous parkland property acquisition. Moye acknowledged that the settlement resolved a federal lawsuit in which Siesta Beach Lots claimed the county allowed the public to trespass on its private property. Holderness argued that county signage and online promotion of nearby beach accesses encouraged public use, depriving it of control over its land.

During the Nov. 5 meeting, former Florida Senate President Bill Galvano, representing Holderness, argued the project was justified because of significant beach accretion over time. He said the home would be 479 feet landward of the mean high-water line and that strict enforcement of the setback would make the lot unusable. “The easement that’s being granted and the accretion that’s occurring out there, there’s a significant buffer, in our opinion, to the coastal systems,” he said.

Regarding the variance, Galvano said, “It is our position that it meets the criteria in the code – it’s consistent with the zoning and comprehensive plan.” He also pointed out a single-family home is a minimum use for an area zoned multifamily.

He emphasized that Holderness would record a conservation easement over one of the newly acquired lots before receiving a certificate of occupancy. The county also must erect a kiosk honoring the memory of Holderness’s mother and pay the company $500,000 upon transfer of the Beach Road title.

“If the goal is to increase land for passive recreation, how better to do it than to provide absolute access for people and regulation to properties that right now are outside of the county’s ownership?” Galvano rhetorically asked. “You’re taking .17% of an acre and that investment is yielding you almost 4 acres of white, sandy beach that people can use. And all that was taken into consideration when the settlement was entered into.”

Commissioners Weigh In

Commissioner Mark Smith, a Siesta Key architect, cast the lone “no” vote, citing concerns about dune destruction and environmental policy.

“I haven’t been in favor of giving gulf beach setback variances on dunes, and this is 100% on a dune system,” he said. “We’ve got four unbuildable lots, and we’re going to get the opportunity to swap for another unbuildable lot.” He continued, saying he understands this is part of a settlement attempt, but the dunes are there to protect what is behind them and, as evidenced in the 2024 hurricanes, even the dunes can fail when faced with excessive storm surge.

“I’d like for the county to figure out another way to purchase these lots from Mr. Holderness and not have us put another structure on our dunes system,” he said. “And, so, I’m not in favor of this.”

The November 2024 settlement was approved unanimously by the board, including newly elected Commissioner Tom Knight, a former sheriff. Knight said he was focused on ending the litigation at the time but was unaware the Beach Road property had been purchased through the parkland program.

He joined Commission Chair Joe Neunder and Commissioners Ron Cutsinger and Teresa Mast in voting to approve the variance despite reservations.

“I’m conflicted,” Knight said.
“I’m torn as well,” Cutsinger added.

Cutsinger noted the lots the county will receive are “very valuable” for public access. Commissioner Teresa Mast, who made the motion to approve, said she remembered prior public outcry over residents being unable to reach those same parcels when they were privately owned.

“When I worked for the county several years ago, there was quite an outcry to have access to this portion of the beach from the public perspective, which they couldn’t have because it was privately held,” Mast said.

Chair Neunder acknowledged the environmental concerns but emphasized the benefits of acquiring more public beachfront.

“The county is always looking for more waterfront property,” Neunder said, adding he is concerned for the future of the property, based on its history or erosion and accretion. “We have to discuss, whether or not, the cost benefit analysis here, are we going to take a chance,” he said. “I am inclined at the moment to take a chance.”

The motion passed 4-1, with Smith opposed.