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Sarasota commissioners uphold denial of AllScrap business-use permit after residents cite noise, safety and flood risks
Summary
After hours of resident testimony about noise, traffic, debris and safety, the Board unanimously upheld staff's denial of a business-use permit for AllScrap at 492 Riverview Drive and authorized the county attorney to pursue injunctive relief to halt operations pending compliance.
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The Sarasota County Board of County Commissioners on June 3 unanimously upheld a UDC administrator’s denial of a business-use permit for AllScrap (Alexis Properties LLC) at 492 Riverview Drive, citing staff findings that the site functions as a waste-transfer/recycling-related operation that requires a special exception under the Unified Development Code.
What the board heard: Dozens of nearby residents described daily noise, truck traffic and debris on residential streets, and several said heavy equipment use and compaction created dust and vibrations. ‘‘It’s downright impossible to sit out there and enjoy my coffee,’’ said longtime resident Earl Parker, who told the board the activity had damaged tires and worsened air and noise conditions in the neighborhood.
Staff position: UDC administrator Matt Osterhaus told the board staff inspected the site and reviewed the business use against the county code. He said evidence indicated material was being stockpiled, compacted and transferred off site in ways consistent with a waste transfer/recycling operation rather than limited outdoor storage, and that the county’s code treats that use as requiring a special exception. He cited the UDC criteria for recycling/waste-related services and noted recycling facilities require a 10‑acre minimum in the code, which this parcel does not meet.
Applicant rebuttal: Counsel for Alexis Properties said the company had relied on a February 2024 zoning interpretation letter that allowed outdoor storage in the ILW zoning district and that the company came into compliance with screening and other conditions after code-enforcement hearings. The applicant argued the site has historically been used for similar activity and asked the board to reverse the denial and issue the business-use permit.
Board decision and next steps: After hearing testimony and staff analysis, Commissioner Smith moved to adopt a resolution upholding the administrator’s denial; the motion was seconded and passed unanimously. Commissioners further directed the county attorney to pursue injunctive relief and other enforcement measures to halt noncompliant activity while the code-enforcement and appeal matters proceed.
Quotes from the hearing: Resident Ian West said the site’s signage and activity made the business identity clear: "They call themselves Southwest Florida’s favorite recycling center…their frontage even boasts multiple recycling signs." UDC Administrator Matt Osterhaus told commissioners, "The business model is essentially stockpiling waste and transferring the waste material to an off‑site recycler," a use that triggers a special‑exception review.
What residents asked for: Immediate enforcement to stop ongoing operations, fines and an injunction if necessary; several speakers asked the county to prosecute outstanding penalties and to prevent the operation from continuing pending any special‑exception process.
Impact: The board’s action leaves the property subject to enforcement and, if the owner seeks a lawful pathway, the owner must either change the business model to comply with outdoor-storage rules or pursue a special exception and any conditions the board may impose.
