Attorney for Oceane had requested action, contending space had become ‘source of several hazards’
With no comments, this week the Sarasota County commissioners voted unanimously to give up a county “turn-around/parking space” adjacent to the Oceane condominium complex on Ocean Boulevard on the northern end of Siesta Key.
The space measures 9 feet by 18 feet, a county staff memo noted.
The vote followed county receipt of a request from Sarasota attorney Matt Brockway of the Icard Merrill firm.
In an Oct. 31, 2023 letter to Commissioner Mark Smith, who is a long-time Siesta resident, Brockway formally asked for “the elimination of the public parking space located on the southeast portion of the Oceane property, immediately adjacent to both Givens [Street] and Ocean Blvd.” The address, the county staff memo said, is 4750 Ocean Blvd.
Brockway explained, “For background and context, this public parking space was created back in 2005 in conjunction with the vacation of a 1,444 square foot portion of platted Ocean Blvd. right-of-way, which abutted a previously vacated portion of Givens St.”
“Unfortunately,” Brockway continued in his letter, “this parking space has become the source of several hazards. First, there have been regular incidents of trespassing on the Oceane property by persons using the parking space. The two most common occurrences are people who park in the space and then jump the southern fence on the Oceane property and trespass to either (a) use the Oceane seawall to fish, spearfish, and/or access to Big Pass, or (b) swim in the Oceane pool.”
“Second,” Brockway wrote, “the location of the parking space creates a significant blind spot, obstruction, and traffic hazard at the exit from the Oceane Property. This part of Ocean Blvd. is particularly challenging for a left turn out of the Oceane property onto northbound Ocean Blvd, given the curve in Ocean Blvd and intersection of Givens St. Parked vehicles in this space obstruct views of oncoming traffic exiting Siesta Key Village (often in excess of the speed limit) and make left turns from the Oceane property a dangerous undertaking.”
The county staff memo in the Aug. 27 agenda packet explained that, in April 2005, the County Commission seated at that time approved a resolution that vacated that 1,444-square-foot site. Then, in September 2005, the limited liability companies that had petitioned for the vacation of the right of way gave the county an easement for the property, for underground utilities, the memo added. The back-in/back-out space was to be available to the public, the memo noted.
The Oceane Condominium Association is the current owner of the property “encumbered by the original easement,” as pointed out in the resolution that the commissioners approved this week.
The Aug. 27 county staff memo also said, “The release of the Parking Easement would not affect underground utility rights granted … for the Utility Easement and shall remain in full force and effect.”
A county “pocket park,” on the western end of Givens Street, affords visitors a view across Big Sarasota Pass to Lido Key Beach; it is close to that parking space adjacent to the Oceane building. The resolution that the commissioners approved on Aug. 27 does not include any language indicating that the public would lose access to that pocket park.
One former, years-long resident of Siesta Key resident, who has relocated to Osprey, did send an email to the County Commission on Aug. 22, opposing the county’s release of the easement, The Sarasota News Leader learned.
On Aug. 22, Paul Wilkinson wrote the board members, “I am dismayed to hear that the parking spot at Oceane on Siesta Key is to be given over to the Condominium.
“Over the past 12 years,” he continued, “my bride and I have parked there many times, as the sunset view from the Givens Street park is stunning.”
“When construction started on the Condos the existing parking spot was taken for a dumpster, and I raised a concern at the time,” Wilkinson pointed out. “I was assured that the spot would be returned to public use on completion, and it was.
“Since then,” he added, “I have parked there many times, and I am attaching a picture of my car in the spot.”
“There is no convenient public parking nearby, and the loss of this spot would make public enjoyment of the Park much more difficult. I urge you to reconsider your decision on this matter,” Wilkinson wrote.
The prior staff view
In July 2019, county staff assured the News Leader that, after the construction of Oceane was completed, the county parking space next to the luxury condominium complex would have to be made available once more to the public.
A standard county Parks, Recreation and Natural Resources Department kiosk had stood next to the spot, advising people of regulations for the county’s parks.
Construction crew members working for Gilbane Building Co. of Sarasota used the space for staging.
In late September 2019, residents reported to the News Leader that, as the crew was finishing up its work on Oceane, trees and plantings were installed in the parking space. It appeared afterward to be just one more landscaping element of the project.
On Sept. 26, 2019, then-county Media Relations Officer Brianne Grant confirmed with county Planning and Development Services (PDS) Department staff that the developer would be “restoring the parking spot in the near future,” as provided for in county documents pertaining to the building of Oceane.
Apparently, however, Siesta residents and the developer — Crossgate Partners LLC, based in Suwanee, Ga. — had very different ideas about the meaning of the phrase “in the near future.”
After hearing again from residents that the restoration had yet to appear, the News Leader once more turned to county staff.
In a Nov. 12, 2019 email, Brianne Grant wrote the News Leader, “PDS confirmed that the work will have to be completed prior to final site certification which should happen in the next 8 to 10 weeks.”
That site certification is essential before residents can occupy the building, as the News Leader understands county regulations.
A Construction Checklist provided by Planning and Development Services lists a number of items that must be verified by staff as complete, including the landscape architect’s certification of a project and a sign-off on the county’s Right of Way Use Permit, before the Certificate of Occupancy will be issued.