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Board removes 1992 restrictive covenant on North Manasota Key property, clearing path for new variance review
Summary
Sarasota County commissioners voted unanimously to eliminate a 1992 declaration of restrictions on 806 North Manasota Key Road, allowing the current or future owners to seek new coastal setback variance approvals under current codes.
The Sarasota County Board of County Commissioners on July 9 voted unanimously to eliminate a 1992 recorded declaration of restrictions on property at 806 North Manasota Key Road, clearing a legal constraint that had limited development to the 1992 approved impervious-surface footprint for 99 years.
Background: Howard Berna, manager of environmental permitting, explained the 1992 variance included a recorded deed restriction prohibiting expansion of residential or impervious surfaces seaward of the Gulf Beach setback line and that the restriction could not be amended without county consent. The house had been demolished after storm damage, and the property is now vacant.
Board discussion and rationale: Commissioners discussed that with the site now vacant, the fair approach is to allow a future owner to return with a new coastal setback variance application for the current site under contemporary code criteria (including minimum variance necessary for reasonable use). Commissioners stressed that any new construction seaward of the Gulf Beach setback line would still require a coastal setback variance and would come before the board for review.
Action taken: Commissioner Mast moved to eliminate the declaration of restrictions and to authorize the county administrator or designee to sign the release; Commissioner Smith seconded the motion. The board voted unanimously to approve the motion.
Quote: "Given that this property is affected by the Gulf Beach setback line, any new construction now because the site is vacant...would come back before you as a coastal setback variance for your consideration," Howard Berna said during the discussion.
Outcome and next steps: The release allows the property owner (or future owners) to apply for a coastal setback variance under current rules; staff said any future application would be evaluated against the coastal setback criteria, including minimum variance necessary for reasonable use.
