Are We Missing Something in Proposed Zoning Change?

A Public Hearing notice was recently posted by the City of Sarasota, proposing to change the way it handles zoning disputes.  This is what the City Commission is considering:

ORDINANCE NO. 11-4986

AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA AMENDING THE ZONING CODE (2002 EDITION) OF THE CITY OF SARASOTA, ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, DIVISION 1, RULES OF CONSTRUCTION, SECTION I1-101, RULES OF CONSTRUCTION, SO AS TO PROVIDE THAT IN THE EVENT OF ANY CONFLICT IN LIMITATIONS, RESTRICTIONS OR STANDARDS, PROVISIONS SHALL BE APPLIED IN A MANNER MOST FAVORABLE TO THE PROPERTY OWNER OR APPLICANT; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE.

Our ever vigilant Board President Bob Garvin isn't so sure it makes all that much sense, and on behalf of Lido Shores property owners sent the reply below to the City saying so.  

Lido Shores Property Owners Association

P.O. Box 8191, Longboat Key, Fl 34228

October 21, 2011

Ms. Pamela Nadalini

City Auditor and Clerk

P.O. Box 1058

Sarasota, FL 34230-1058

Dear Ms. Nadalini

I’m puzzled by your notice of a Public Hearing concerning Ordinance No. 11-4986. 

If “in the event of any conflict…..provisions shall be applied in a manner most favorable to the property owner or the applicant” why bother to have limitations, restrictions or standards in the first place?

All that a property owner or applicant would have to do is to announce such a conflict, and immediately all would be resolved in his favor. It would be easier to let him build a skyscraper out to the property line in the first place, without all the rigmarole of a Zoning Code?

Am I missing something in the intent of the Ordinance?

As it is, we’re bothered in Lido Shores by developers and owners who build to the maximum limits for height and set-back allowed by the Zoning Code. That doesn’t always beautify the neighborhood.

Sincerely,

Robert V. Garvin, President

Lido Shores Property Owners Association

A public hearing on the issue is scheduled for Monday, November 7, 2011 at 6:00 pm at Commission Chambers, City Hall, 1565 First Street if you'd like to put your two cents worth in.