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Commissioners remove 1992 restrictive covenant on North Manasota Key lot, clearing path for new coastal setback review
Summary
The board voted unanimously to eliminate a 1992 declaration of restrictions on a beachfront lot at 806 North Manasota Key that had limited the property to the previously approved seaward square footage. Staff will record the release and any new construction would require a new coastal setback variance.
The Board of County Commissioners on July 9 voted unanimously to release a restrictive covenant tied to a coastal setback variance recorded in 1992 for a property at 806 North Manasota Key.
Howard Berna, manager of Environmental Permitting with Planning & Development Services, told the board the original 1992 variance required a recorded declaration that prohibited future expansion of impervious surfaces seaward of the Gulf Beach setback line for 99 years. The owners recorded the restriction at that time. The property was substantially damaged in recent storm events and the structure has since been demolished under a demolition permit; the current owners asked the county to eliminate the declaration so they — or a future owner — could propose a new design.
Berna explained that removing the declaration would not allow unreviewed construction on the beach: any new building seaward of the Gulf Beach setback line would still need to come before the board as a coastal setback variance under the county’s code. Eliminating the recorded restriction would allow an owner to apply for a new design and variance rather than be limited strictly to the 1992 approved seaward square footage.
Commissioners discussed the issue. Commissioner Smith said the property is effectively a “clean slate” following demolition and that new construction would return to the board for review under current coastal setback standards; Commissioner Mass agreed and noted the owners had incurred significant loss by demolishing the prior structure. Josh (last name not specified), a county official, confirmed the board could authorize the county administrator to sign a release rather than return the matter to the board for each administrative step.
Motion and vote: Commissioner Mass moved to eliminate the declaration of restrictions and to authorize the county administrator or designee to sign the release; Commissioner Smith seconded. The motion passed unanimously.
What happens next: Staff will record the release of the 1992 declaration and, if a property owner proposes new construction, the developer must submit plans and apply for a coastal setback variance that will be evaluated under the county’s existing coastal setback code and the “minimum variance necessary” criteria. The recorded release does not change the Gulf Beach setback line or the requirement to seek a variance for seaward development.
Ending: The board’s action removes a nearly three‑decade old restriction and allows owners to pursue a new application under present standards while preserving county review of any new seaward building.
