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Board finds Sarasota Alliance for Historic Preservation lacks standing to appeal demolition permit for US Garage
Summary
After a standing‑only hearing, the Sarasota Board of Adjustment voted 5–0 to deny the Sarasota Alliance for Historic Preservation's appeal of demolition permit 2026000658, finding the Alliance did not demonstrate the "legally recognized interest" required under the city zoning code to be an aggrieved person and proceed to a merits hearing.
The Sarasota Board of Adjustment concluded a standing‑only hearing on the administrative appeal of demolition permit 2026000658 and voted to deny the appeal, determining the Sarasota Alliance for Historic Preservation (SAHP) had not met the city's definition of an "aggrieved person." The board's action ends the appeal and leaves the demolition permit in effect.
SAHP representatives (Ron Cashton and Jan Hedlund appeared in place of their counsel) argued the nonprofit has been active in local preservation for more than 40 years, that several members live adjacent to or very near the US Garage and would suffer harms greater than the general public, and that the organization's mission and work give it a greater interest than other citizens. They cited case law (including Renard v. Dade County and Putnam County decisions) asserting organizations can establish standing based on member proximity and organizational purpose tied to comprehensive‑plan policies on historic preservation.
Robert Lincoln, planner and attorney for DT Sarasota Development LLC (the property owner and demolition‑permit holder), argued SAHP lacks a "legally recognized interest" antecedent to zoning protection as required by the city's aggrieved‑person definition. Lincoln asserted SAHP’s amended articles state the corporation "will have no members" and said the statutory and case‑law frameworks cited by the appellant arise in different legal contexts; he urged the board to apply the zoning code's specific standard and find standing absent.
Multiple public speakers who identified themselves as SAHP members or adjacent property owners testified that they and their neighbors would be especially affected and disputed the owner's reading of SAHP’s membership status. Staff and board questions focused the hearing on whether SAHP had shown a legally protected interest that the city’s land‑development regulations or comprehensive plan protects or furthers, not on the underlying merits of whether the US Garage is historic.
After extended legal argument and public comment, a board member moved to find SAHP not an "aggrieved person" under the zoning code and to deny the administrative appeal (26‑APP‑03). The motion passed in a 5–0 roll‑call vote. The board did not reach the substantive historic‑preservation merits; a merits hearing can only proceed if standing were found, which the board declined to do.
The record shows competing legal interpretations: appellant representatives relied on case law they say supports organizational standing when members are specially harmed or when comprehensive‑plan protections apply, while the owner’s counsel emphasized the city code’s requirement of a preexisting legally recognized interest. The board applied the city ordinance language in its standing determination. Any party that disagrees with the ruling has whatever court remedies the law provides outside this administrative record.
