Change could affect plans by 'Ask Gary' founder to build hotel on Siesta Key

SIESTA KEY — A very particular change to Sarasota County building codes that could clear the way for the founder of 1-800-ASK-GARY to build a hotel on Siesta Key received its first approval earlier this month.

The change would tweak one clause in the development rules for several Siesta Key zoning districts to allow the Sarasota County Commission, under a special exception, to at least consider allowing minimal setbacks from the sidewalk for buildings more than 35-feet-tall.

The Planning Commission endorsed the change this month, with only one commissioner dissenting, and the proposal's circuitous route to approval has raised eyebrows on the key.

Under current rules, buildings taller than 35 feet must be setback 25 feet from the sidewalk or one-half the height of the building, whichever is taller, according to a ruling by county Zoning Administrator Donna Thompson this summer.

That particular interpretation of the rules poses a problem for Gary Kompothecras — a wealthy chiropractor known for founding the Ask Gary legal and medical referral service and now an MTV reality series on the key. Kompothecras is in the early stages of developing plans for the key’s first new hotel in years, near Stickney Point and Midnight Pass roads.

Because of the shape and size of his property, the current setback rules would render a hotel or many other redevelopment options virtually impossible, he has suggested.

"There are no parcels before us tonight, but based on the experience with Siesta Acquision LLC, I think applying a 25-foot setback would probably, with regard to that project, be a nonstarter," attorney Charlie Bailey, who has worked on the change with Kompothercas, told the Planning Commission.

Earlier this year, Siesta Acquisitions LLC, owned by Kompothercas, appealed Thompson's interpretation and argued the code actually envisions a minimum two-foot setback from the sidewalk, not 25 feet.

After the county's Board of Zoning Appeals sided with Thompson this summer, Siesta Acquisitions filed a formal petition in Sarasota Circuit Court to challenge the board’s decision.

The very technical dispute came to a head in July, when Kompothercas and several of his supporters pleaded with the Sarasota County Commission to help them change the rule to at least allow the commission the discretion to decide the setback on its own, whether it's two feet or 25 feet or somewhere inbetween.

Commissioners agreed and suggested they would like to see a change that gives them the ability to consider unique setbacks through its special exception process, which requires more hearings and review. Following the commissioners' comments, a judge agreed to put Siesta Acquisitions' lawsuit on hold until such a change to the zoning rules could be considered.

The change

Bailey and planning consultant Bo Medred filed that proposal in October — but not on behalf of Kompothercas or Siesta Acquisitions.

Instead, it was filed on behalf of Clayton and Diane Thompson, who own Clayton's Siesta Grille near the property eyed for the potential hotel, and who spoke in support of Kompothercas before the commission this summer.

Opponents of both the change and Kompothercas' project argued before the Planning Commission that the change could disrupt the character of the key, and would make it easier to build taller, bigger developments on the key.

Planning commissioners roundly disagreed, noting the change would simply allow developers to submit special exceptions applications asking for smaller setbacks, and that it would still take several hearings and proof the buildings were compatible with the area to gain approval. Even Commissioner Laura Benson, who cast the lone vote against the change, chided opponents' argument. She did not oppose the idea, but agreed with county staff that the proposal needs more specific criteria before it's approved.

"Yes, I come from a developer family, and it kind of bothers me when people who are from someplace else come in and say, 'Well, I got mine, I’m pulling up the ladder, you can’t come on the boat,'" Commissioner Robert Morris said. "I understand that to some extent but I will tell you there is a very stringent process any development would have to go through."

Bailey also suggested concerns about height on the key may be unfounded, and he and Medred pointed to compatibility criteria in the zoning code.

"Anybody would have to have a lot of courage to seek an exception to 85 feet, period, but to seek a special exception up to 85 feet with a two-foot setback? You’re not going to see Charlie Bailey standing before you asking for that. I like living and breathing," he said with a laugh.

The Planning Commission did not opine on the purported hotel plan by Kompothercas and no formal plans for that idea have been submitted to the county.

The County Commission is expected to consider the change to the zoning rule on Jan. 30.

Only then would the lawsuit by Siesta Acquisitions potentially either be dropped or move forward, depending on the commission's decision.