Commission sends Siesta Key voluntary‑demolition rules back to planning with limits on height and exceptions
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Summary
After extended debate the commission directed staff to return amended Siesta Key language that would allow voluntary demolition and rebuild of nonconforming multifamily buildings but limit height to current zoning maximums, forbid special‑exception increases, require pre‑approval of redevelopment permits and exclude conservation districts; Commissioner Smith abstained on the final motion.
The board took up a long‑running proposal to allow voluntary demolition and rebuilding of nonconforming multifamily structures in the Siesta Key Overlay District on July 8.
Planning’s Everett Farrell summarized a dual approach: a comprehensive‑plan policy to permit rebuilding without increasing the nonconforming residential density, and a UDC text amendment to allow reconstruction to the same unit count but otherwise require compliance with current UDC standards. The proposal would also permit Gulf Beach Setback Line variance requests but prohibit special exceptions associated with the rebuild.
Commissioners and stakeholders debated several concerns: the potential for developers to convert units to transient accommodations; how multifamily height is measured when counting up to two levels of structured parking; unit‑count verification at demolition; and the appropriate definition of “destruction” vs. voluntary demolition for FEMA/UDC 50% rules. Commissioner Smith, who disclosed prior representation of a Siesta Key condominium association and said he would recuse from a vote, argued voluntary pre‑disaster redevelopment improves resilience and allows associations to rebuild to modern code rather than waiting for storm damage.
After line‑by‑line direction and edits on several elements (including removing allowance for perpetuating existing extraordinary heights and limiting rebuild height to the zoning district maximum), the board voted to send the revised UDC language back to the planning commission for review and return to the board. The motion passed 4–0 with Commissioner Smith abstaining because of his prior involvement with the applicant.
Staff will prepare draft UDC language reflecting the board’s direction—chiefly: (1) no increase in nonconforming density, (2) rebuilt structures must maintain original housing type and unit counts, (3) height limited to district maximums (not prior nonconforming heights), (4) no special exceptions for height/parking/area/yard size, and (5) development permits must be approved prior to issuing a voluntary demolition permit.
