PETITION for WRIT of MANDAMUS OUTCOME
2017 CA 1181 NC – THE SIESTA KEY ASSOCIATION OF SARASOTA INC, ET AL v CITY OF SARASOTA
The Siesta Key Association of Sarasota, Inc. (SKA) received notice from our Attorney, Kent Saffriet, Esq., our Petition for Mandamus was denied in the 12th Circuit Court.
This ruling is an unexpected outcome, a significant departure from two earlier approved Judicial reviews of our Writ for Mandamus. It’s a deeply disappointing outcome.
Some have asked, “Why has SKA worked so hard on this Lido Key project; how is this project different? Lido Beach has been nourished many times since 1964.”
This project is a ‘first’ in the history of Lido Key beach nourishments.
It is the first to be fully conducted within the City of Sarasota, including a County Park
and coastal waters within Sarasota County. All prior projects were dredged offshore and/or within a Federally approved navigation channel (New Pass). This project is subject to local comprehensive planning, regulations and ordinance. This project is clearly not same as all previous beach nourishment application. It will impact our coastal home beyond Lido Key.
A significant element omitted from City governance is that all submerged lands within the City of Sarasota are designated as Marine Park (Zoning). City of Sarasota Commissioners have sole authority to approve exceptions or conditional uses within the Marine Park Zoning for submerged lands. The City Commissioners have not provided this oversight.
Marine Park Zoning was implemented to protect and improve water quality and marine habitat. This was a commitment necessary for Sarasota Bay Estuary to receive Outstanding Florida Waters designation (OFW) and becoming an Estuary of National Significance. Governing Commissions of that time pledged stewardship of our coastal resources.
The residents of our City and County have valid expectations for governmental actions to uphold our laws. Our gulf coast County is one of a kind in all of Florida. Sarasota Big Pass may be the last natural Pass of its size, marine life and recreational quality in Florida.
SKA will make available questions posed by our Judge, filings from all parties, support documents, and comments from a mediation meeting held with the City Manager in May of 2017. If actions stated by the City Manager were completed, violations of local ordinance and comprehensive plans would be eliminated and legal challenge unnecessary.
The Siesta Key Association Board of Directors will consider this recent decision with Legal guidance and determine our future actions.
On Behalf of the Board of Directors, Catherine Luckner
The Siesta Key Association of Sarasota, Inc. www.siestakeyassociation.com 941.364.4880