Plans for new house and accessory structures at 3761 Casey Key Road, extending 68 feet seaward of Gulf Beach Setback Line, win County Commission approval

No member of board and no one from public comments on proposal

On Jan. 31, the Sarasota County Commission unanimously approved a Coastal Setback Variance (CSV) to permit construction of a new single-family house and accessory structures on the property at 3761 Casey Key Road in Nokomis.

The buildings will be a maximum of 68 feet seaward of the Gulf Beach Setback Line, materials in the agenda packet pointed out.

As county Environmental Permitting Division staff has explained over the years, the Gulf Beach Setback Line (GBSL) was established in 1979 as part of the county’s Coastal Setback Code. The GBSL is the figurative line in the sand designed to protect dunes and beach habitat, which, in turn, protect landward structures from storm surges and other flooding events.

In the past, Commissioner Nancy Detert has objected to plans calling for new residential buildings seaward of the GBSL. However, she joined her colleagues in silence on the petition for this variance.

The item was listed on the agenda as a Presentation Upon Request. No board member asked for a presentation, and no members of the public had signed up to address the board in regard to the application.

The county staff memo about the project explained that approximately 79% of the parcel is located seaward of the GBSL Additionally, the memo said that the planned construction would be 24.25 feet farther landward of the GBSL than the buildings that were the focus of a 2019 petition for a Coastal Setback Variance (CSV), which the commissioners denied.

On the other hand, the memo noted, the proposal that the board members considered on Jan. 31 also represented a shift of construction 18 feet more seaward than a variance denied in 1986 had sought.

Further, the memo noted, the proposed new buildings would “result in approximately 175 square feet of impacts to dune habitat.” The applicant “has proffered a dune mitigation plan to offset these impacts with 872 square feet of plantings in the footprint area of the existing beach cottage,” the memo said.

Additionally, the memo noted, the construction includes 3,700 square feet of habitable area seaward of the GBSL, “which is consistent with nearby properties.”

The county staff report about the petition explained that the owner of the property, LAK 3761 LLC, bought the parcel on Oct. 3, 2017.

The Sarasota County Property Appraiser’s Office website says that the limited liability company purchased the property for $361,200 from the D. Kevin Kodrick Revocable Trust. In March 2016, that trust bought the parcel from the Edmund C. Mogford Sr. and Gloria J. Mogford Trust for $1,750,000, the Property Appraiser’s Office records also show.

The registered manager of LAK 3761 is Lynn A. Kodrick, whose address is the same as the Casey Key Road property. The limited liability company was created in September 2017, the Division of Corporations records note.

Details about the property and the plans

The existing house on the site was built in 1950, the Property Appraiser’s Office records show. The Jan. 31 county staff report about the Coastal Setback Variance (CSV) petition says that the slab-on-grade structure has one bedroom and one bathroom; the house has about 472 square feet of living area “and a total building coverage of approximately 1,109 square feet,” according to the Property Appraiser’s Office.

That house stands 90 feet seaward of the GBSL, while its wooden deck extends 94 feet seaward of the GBSL.

“The subject property includes approximately 108 feet of Gulf-front shoreline,” the Jan. 31 county staff report points out.

The proposed new residence will be one story over parking, the county staff report says. It will have 3,700 square feet of habitable area. It will have a 685-square-foot swimming pool; a deck comprising 1,118 square feet; and a driveway with 1,178 square feet.

The house will have a cantilevered deck that will overhang the pool and pool deck, the staff report pointed out.

LAK 3761 plans to remove 22 cabbage palms, which will necessitate that the company obtain a county Tree Permit, the staff report noted.

Among other details, the staff report said that the site has a rock revetment with a maximum crest elevation of 5.9 feet NAVD, which is an acronym related to the Federal Emergency Management Agency (FEMA) requirement for elevation of structures above sea level in flood zones. Essentially, NAVD references the height above the ground.

The revetment was renourished in 2022 under the guidelines of a Sarasota County Water and Navigation Control Authority General Permit, the report said.

“Given the low crest elevation of the [revetment],” the staff report explained, “it is unlikely that it will offer substantial protection during even high-frequency storm events …” However, the report added, the revetment “may help protect against gradual erosion. During Hurricane Nicole,” which affected the county on Nov. 10, 2022, the report noted, the “site experienced erosion landward of the rock revetment” because of high wave activity.”

“[T]here is no dry sandy beach present seaward of the revetment,” the staff report added. “During high tides,” the report continued, “the water is in direct contact with the revetment …”

As usual in advance of a public hearing on a Coastal Setback Variance, the county Environmental Permitting Division staff prepared a chart for the commissioners to provide facts demonstrating consistency and inconsistency with the county’s criteria for approving a variance petition.

Among the facts demonstrating consistency, that chart says, “The proposed residential structure appears to be located as far landward as possible when considering the driveway and septic drainfield locations on the landward side of the residence,” and “Dune impacts will be mitigated in accordance with the dune mitigation plan provided by the Petitioner.”

Further, LAK 3761 will be required to remove any nuisance and/or invasive species “located within the dune habitat,” in accord with a standard stipulation in the County Commission’s resolution of approval for the variance; and the proposed new house will replace “a non-conforming structure with a pile-supported structure that complies with current Florida Building Code and FEMA regulations.”

Among facts demonstrating inconsistency, the chart points out, “Given the dynamic nature of the shoreline near the subject site, the site may be vulnerable to future erosion and inundation during storm events.”

Yet another fact demonstrating inconsistency, the chart says, is that the site has elevations ranging between 5.6 and 9 feet NAVD and, therefore, “may be vulnerable to inundation.”

Further, among the inconsistencies, the report adds, “Increasing the habitable area, and thereby allowing greater occupancy, puts more people at risk during storm events. … If future erosion or impacts associated with a tropical storm or hurricane threatens the existing or proposed structures, the County may be expected to consider measures to protect these structures and nearby public infrastructure.”

1 thought on “Plans for new house and accessory structures at 3761 Casey Key Road, extending 68 feet seaward of Gulf Beach Setback Line, win County Commission approval”

  1. I’m confused. The developers request permission to put the structure closer to the water, yet if there is a hurricane or storm, they state that “the County may be expected to consider measures to protect these structures and nearby public infrastructure.” Did I read that correctly? What am I missing?

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