Siesta Sand- September 2023

Judge backs Ramirez on intensity, density

With trial looming, parties related to hotels have 30 days to disclose their next move

By John Morton

Protest signs lining the streets couldn’t stop the Sarasota County commissioners. Neither could the creation of an anti-hotel group, nor hours of testimony in the county chambers from both residents and experts.

But will the perseverance of one person who instead went the legal route be what it took to possibly stop, or at least alter, the plans to build an eight-story, 170-room hotel –featuring a rooftop bar -- on Siesta Key?

And possibly other similar hotels that have also been approved?

“It’s a huge win – a pivotal one for Siesta Key,” Lourdes Ramirez, a 24-year island resident who sued Sarasota

They’re the reel deal

CB’s Saltwater Outfitters produces 2 prestigious fishing contest victors

By Jane Bartnett

“I may have to create a wall of honor here at the store,” said a proud Aledia Tush as she spoke about the fishing accomplishments of her two award-winning CB’s Saltwater Outfitters employees. “I’m so proud of them.”

Doug Forde and Tabby Tellbuescher took home First Place Overall and top Junior Division honors, respectively, at the 93rd annual Sarasota Tarpon Tournament held this summer. The world’s oldest tarpon tournament, it began

in mid-May and ended on June 24. A gala celebration was held on July 24.

A celebrated world-class angler, Tush, coowner of the landmark Siesta Key business, has also won this tournament along with many others.

Forde, who is CB’s general manager, competed in the Fly Division and won the top

Continued on page 14

County, said of a summary judgment against it that was handed down Aug. 21 in the 12th Judicial Circuit Court.

Judge Hunter Carroll’s decision that stated the hotel approved on Calle Miramar near the Village is too large in terms of building size and the number of rooms in relation to the rules on the books. They come in the form of the county’s Future Land Use Policy 2.9.1, and serve as a guide for growth.

A summary judgment, which both Ramirez and the county requested last December, eliminates a jury and puts the decision in the hands of a judge.

Continued on page 10

Happiness Is…New Beginnings

Education is the most powerful weapon which you can use to change the world. – Nelson Mandela

At Abel’s, they believe ice cream might be a close second.

And September is the best time of the year to enjoy both ice cream and education. As the new school year begins, bringing with it new beginnings, new routines, new schedules, and new friends, there’s also something wonderful about revisiting old friends, like your favorite flavor from Abel’s Ice Cream.

This month, Abel’s is featuring their selection

of late-summer favorites, including Hawaiian Fruit Cup (Tropical Coconut ice cream with pineapple chunks and strawberries…a truly refreshing treat!), and Key Lime Pie (We’re based in South Florida so we know Key Lime done right…delicious Key Lime ice cream filled with chunks of baked pie crust.)

Head on in today to enjoy a sweet cup, cone or shake. Abel’s is located at 1886 Stickney Point Road, Sarasota in the South Bridge Plaza. Open Sunday through Thursday from Noon-9:30 pm, and Friday and Saturday from Noon-10 pm. Learn more at www.abelsicecream.com or connect with them on Facebook or Instagram.

Tabby Tellbuescher shares a laugh with co-worker Doug Forde as she describes the size of the winning fish she landed in the Sarasota Tarpon Tournament.

(photo by Jane Bartnett)

A happy Lourdes Ramirez holds the ruling by Judge Hunter Carroll near the property where a 170-room, eight-story hotel has been proposed to be built between Calle Miramar and Beach Road. (photo by John Morton)

With a name like Meaney’s, you have to be kind.

Or at least not cruller than most. Ha! Donut tell me that wasn’t a good one. Double ha!

And this will continue until you get your filling. Until you are glazed and confused.

Sure enough, the owners of the newest Meaney’s mini-donut mecca were as nice as can be on opening morning, letting me into their kitchen to chat. It was the equivalent of the Keeblers letting the Cookie Monster into their treehouse.

I’ve lost a few pounds in recent months -- hence the new headshot (oh, the vanity!) -- so little did they have visual evidence of my former donut-eating prowess. Growing up, my father and I every Saturday morning would hit the stools at the counter of our neighborhood Mr. Donut shop and crank down a bunch of deep-fried dandies.

My dad’s name is Ray, and dough-ray-me was his tune, baby.

My oldest sister Mary even dated the shop owner’s son. Yes, us Mortons totally knew what we were doing.

I used to order plain donuts and I don’t recall too many options back in those days. But remember, I’m the one who used to order dry Anna’s sandwiches on our Siesta Key visits! Dumb kid.

Anyway, watching the other day the Meaney’s donut designers create little masterpieces with assorted frostings and powders was quite the delight. And to do so on such a tiny subject!

Too pretty to eat? Almost. Let’s not get carried away here.

Hey, to learn more about the new Meaney’s operation on Old Stickney Point Road, visit the front page of our second section.

Now, I’ve seen the long lines at their Siesta

Greetings from the Gulf

Go ahead, be a Meaney not once but twice

By John Morton

Village location, so I knew Meaney’s was a hit. But meeting Thom and Ann Williams in the parking lot of the new place further reinforced folks’ dedication to these donuts. Just like they did at the other two Meaney’s locations (there is also one on St. Armands Circle), they made sure they were first in line to hand the business its first dollar bill. And here a buck literally buys you a donut!

I’m so happy to see the donut make a triumphant return. Remember how it lost its lofty status for a few decades, considered too naughty? People would say the only healthy part was the middle. How un-holey of them!

They were shunned much like the cigarette. Which is curious, seeing as I recall how a chocolate-iced and a Marlboro Red was considered the breakfast of champions in my 1970s childhood. Remember John Belushi’s Olympics decathlon commercial spoof on SNL? Funny, “America Runs on Dunkin’” wasn’t even a concept then.

Speaking of which, how disrespectful to the almighty donut that a dying company can drop that magic word and simply go with “Dunkin’” and make a fortune. They want us to believe that people are just grabbing a coffee to-go?

“The 30-pack of bear claws is our little secret” says the gal at the window with a wink. I like how Meaney’s is a walk-up window operation. Everyone watches what you get. You have to take ownership in your order.

You are proud of those extra sprinkles.

Come to think of it, I’m going to proudly and smugly display my Meaney’s plain mini donut on social media. Finally, I can get even with the snooty culinary creeps in my age group who have been posting their meals online for years on end.

Oh, it just hit me: America might run on Dunkin’ but we Siesta on Meaney’s. There’s the slogan.

By the way, while hanging out in the Meaney’s parking lot and watching the plaza receive a facelift, it was another reminder of how the business landscape on the south end of the Key continues to take shape. Whether you are a fan of the proposed hotel down there or not, and recent developments leave that even more an unknown, one can’t help but wonder how that area could look and feel if at full force. I think it does have the ability to match the Village’s energy and offerings. Whether that would be good or not is obviously a personal preference.

One thing that isn’t doing the south end any favors is that 7-Eleven parking lot. Good

grief. They have no business selling coffee with those potholes.

What I do like is the idea of businesses having a north and south location on the Key. Keep ’em coming! We’ve had the two Davidsons for years, recently a second Daiquiri Deck, and now another RE/MAX and Meaney’s.

And you’ll recall the pair of Anna’s locations for several years. Did I ever visit both in a single day, you ask? You bet I did. Look out Meaney’s, you’re next. And, likely, so is the return of my old headshot.

(John Morton is managing editor of the Siesta Sand.)

‘He’s here with us’

Dedicated restaurant manager

who spent more

There are people who leave indelible footprints behind and continue to touch the lives of those that they knew for years to come after they’re gone. Nick Hahn was that kind of guy.

On Tuesday morning, July 11, the 31-year-old restaurant manager at Siesta Key’s Old Salty Dog was getting ready to go to work at the job he loved. Sadly, he never made it. Suddenly and unexpectedly his heart failed, and his life ended.

Hahn was the father of 6-yearold Emily; husband of Lucie, his bride of seven years; brother to his sister, 21-year-old Kristyna;

than half his life at the Old Salty Dog passes away suddenly at 31 years of age

By Jane Bartnett

and son to his mother, Lenka, and father, Jan. He also leaves behind his beloved dog Leo, a 150-pound mastiff that Nick referred to as his son. His family, many friends in Siesta Key and Sarasota, as well as Nick’s co-workers and customers whose lives he touched during his 17-year restaurant career at the landmark restaurant are still struggling to accept his passage. For Nick, his family, his job and Siesta Key were the things that brought him joy. Although his life was brief, Nick’s sister believe that he had a full and happy life, filled

with satisfaction and great accomplishments. “No obstacle ever stood in his way. He was living his dream,” said Kristyna. “He had everything that he wanted. He knew what he wanted, and he went after it.”

On July 30, a memorial tribute for Nick was held at the Old Salty Dog. Milo Miladin, Nick’s friend and co-manager at the restaurant, estimated that during the threehour event some 1,000 people came to pay their respects. “It was like the place exploded,” he said. “Everyone loved Nick.”

In the fall of 2006, Siesta Key and Sarasota became Nick’s home.

Although he was only 14 years old at the time, he and his family emigrated from the city of Prague in the Czech Republic. Kristyna was only 4 years old.

As the family settled into its new life, Nick became a student at Sarasota’s Riverview High School. He learned to speak English and began playing in local soccer matches.

Jan and Lenka took their children on many outings to the Siesta Key and a trip to Siesta Beach became a Sunday family tradition. As the years went by, they would

Continued on page 16

Nick Hahn Nov. 1, 1991 July. 11, 2023

Nick Hahn at the entrance of the Old Salty Dog restaurant was a familiar sight. (submitted photo)

Point of Rocks house wins contest

A house for sale near Siesta Key’s Point of Rocks was voted the overall winner in this year’s “Ultimate House Hunt” competition produced by HGTV, receiving the most votes among 84 national finalists.

More than 1.2 million online votes were cast in eight categories, with the property at 7340 Point of Rocks Rd. winning the top honor as well as first place in the Beachfront Homes category. It has an asking price just under $6 million and features 15,523 square feet sitting 12 feet above the Gulf of Mexico. It has five bedrooms plus a one-bedroom guest house.

“I absolutely love this home because it has so much charm and elegance,” said Denise Mei, the listing agent for the winner who works out of the Siesta Key office of Michael Saunders & Co. “I am so proud and grateful to be representing this amazing home. We are just elated that it won on HGTV.”

Three Siesta Key houses competed in the contest, all with Michael Saunders. Taking second place in the Beachfront Homes category was a listing at 8324 Sanderling Rd., represented by Kim Ogilvie. It has a $9 million asking price.

A third Siesta Key house, located at 5131 Jungle Plum Rd. on the Intracoastal Waterway, competed in the Waterside Homes category. It has a $9.98 million asking price. Other categories were Amazing Kitchens, Countryside Retreats, Curb Appeal, Downtown Dwellings, Homes with a History, and Outdoor Escapes.

-- John Morton

Your Go-To Store on the Island

Morton’s Siesta Market is your one-stop shop for easy island living. We offer a large selection of staple groceries, beer and wine, as well as fresh produce, meats and seafood.

In keeping with our Morton’s tradition, we also carry a delicious array of prepared foods, perfect for take-out, picnics, parties and more. Please stop

HGTV’s winning property, located at 7340 Point of Rocks Rd. (submitted photo)

Gilligan’s keeps swinging

Goes before special magistrate, still seeking later music hours

By ChrisAnn Allen

Later live music is possibly still in play for Gilligan’s Island Bar & Grill.

Attorney Casey Colburn, representing Gilligan’s owner Scott Smith, said the establishment is currently in mediation with Sarasota County to determine if a special exception might be granted allowing a later cutoff time for live music – this, despite the county’s commissioners rejecting the request by a 4-1 vote back in January.

District 2 commissioner Mark Smith, a Siesta Key resident, provided the lone vote in favor. That request included that live music

could go as late as 2 a.m., which is when Gilligan’s closes.

Currently, the establishment (located at 5253 Ocean Blvd. in the Siesta Key Village) can’t host live music past 10 p.m. After that, it plays recorded music.

A July 26 mediation session with a special magistrate was held but did not result in a decision. It will be continued, if needed, at 9 a.m. Sept. 13 in the commission chambers at 1660 Ringling Blvd. The proceedings will be open to the public.

Continued on page 20

SKOB helps those in Hawaii, one dollar at a time

The dollar bills stapled by patrons to the walls of the Siesta Key Oyster Bar came down in late August and were sent to Hawaii to support those impacted by the Maui wildfires. Here, from left, employees Dara Simon, Lauren Bogart, and Juliet Perry work on removing the money. If you no longer see your dollar bill on the wall, know that it’s headed for a good cause. (submitted photo)

Protect financial accounts from ‘cyberthieves’

Sarasota Local Brings Experience & Trust to Siesta Key

Cybercrime is booming. In 2021, the FBI reported that cybercriminals scammed nearly $7 billion from Americans — a figure slightly higher than the gross domestic product (GDP) of Switzerland for that year, according to research organization World Economics. How can you protect yourself from cyberthieves?

Here are some suggestions that can help:

• Watch out for “phishing” attempts. You may receive emails that appear to be from a legitimate firm, requesting information your financial institution would never request online — confirmation of an account number, password, Social Security number, credit card number and so on. These notes can look official, often incorporating a firm’s logo, so pay close attention to what’s being asked of you.

• Think twice before clicking or downloading. If you are suspicious about a communication, don’t click on a link or download an attachment — instead, go to your financial firm’s website or use their app to verify they sent the information or request.

• Become adept with passwords.

Use a different password for each of your accounts and change your passwords regularly. Of course, maintaining multiple passwords can be confusing, so you might want to consider using password management software, which generates passwords, stores them in an encrypted database and locks them behind a master password —

which is the only one you’ll need to remember.

• Use your own devices. Try to avoid using public computers or devices that aren’t yours to access your financial accounts. If you do use another computer, clear your browsing history after you log out of your account.

• Be cautious about using Wi-Fi when traveling. When you’re on the road, you may want to use public hotspots, such as wireless networks in airports and hotels. But many people don’t realize that these hotspots reduce their security settings to make access easier, which, in turn, makes it easier for cyberthieves to intercept your information. In fact, some hackers even build their own public hotspots to draw in internetseekers in an effort to commit theft. So, if at all possible, wait until you can access a trusted, encrypted network before engaging in any communications or activity involving your financial accounts.

• Don’t give up control of your computer. Under no circumstances should you provide remote access to your computer to a stranger who contacts you, possibly with an offer

to help “disinfect” your computer. If you do think your device has an issue with malicious software, contact a legitimate technician for assistance.

• Know whom you’re calling for help. If you need assistance from, say, a customer service area of a financial institution, make sure you know the phone number is accurate and legitimate — possibly one from a billing or confirmation statement. Some people have been scammed by Googling “support” numbers that belonged to fraudsters who asked for sensitive information.

• Review all correspondence with your financial services provider. Keep a close eye on your account activity and statements. If you see mistakes or unauthorized activity in your account, contact your financial institution immediately.

Advanced technology has brought many benefits, but also many more opportunities for financial crimes. By taking the above steps, and others that may be needed, you can go a long way toward defending yourself against persistent and clever cyberthieves.

Joe St. Onge, ChFC® Financial Advisor, Edward Jones Investments 5011 Ocean Blvd., suite 205 Siesta Key, FL 34242 (941)-346-0560 phone (941)-320-4030 mobile Joe.StOnge@edwardjones.com

This article was written by Edward Jones for use by your local Edward Jones Financial Advisor. Edward Jones. Member SIPC. -- Advertorial --

Noise warning issued to Village

establishments

In recent months, two establishments in the Siesta Key Village have received written warnings regarding live music exceeding the decibel levels allowed by Sarasota County code. No monetary fines were issued.

On May 13, the Blase Cafe, 5263 Ocean Blvd., received a notice of violation when sound registered at 83.5 decibels, according to Sarasota

Local Briefs

County officials. The business is allowed a maximum level of 80.

On July 13, the same was issued for the Daiquiri Deck, 5250 Ocean Blvd. It has a special exception to allow music at 60 decibels from 10 p.m. to midnight on Fridays and Saturdays. Its sound was measured at 77.2.

Also, on July 28, the Siesta Key Oyster Bar, 5238 Ocean Blvd., received a verbal warning for excessive noise.

Meanwhile, code enforcement officer Bern Pisaturo has reported that in July he worked with owners of seven short-term rentals who were not in compliance regarding internet ads that advertised renting opportunities for less than 30 days. In Siesta Key’s residential areas, one month is the minimum. He also worked with two property owners who had overgrown lawns, Pisaturo said.

FEMA extends sand project deadline despite completion Sarasota County reports that FEMA has finally issued a time extension for the completion of the South Siesta Beach Repair Project, with the new deadline being April 30 of 2024.

The extension came on June 5, less than two weeks prior to the project’s completion. More than 92,000 cubic yards of sand were added to the Turtle Beach area during the course of about two months.

The extension request was made in early March. The extra time does allow for some required pavement repair with Turtle Beach Park, which will begin soon.

Leases not renewed by 2 businesses in Village

The Seafood Joint, located at 217 Avenida Madera, and the neighboring Sub Zero Nitrogen Ice Cream, located at 219 Avenida Madera, have permanently closed

CRITTER OF THE MONTH

Bearded Dragon

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their doors.

Neither have had their leases renewed effective Sept. 1 and did not pursue other leasing options, according to the Davidson family -- landlords for the building that houses the two businesses.

A new tenant will soon be occupying the combined space, Richard Davidson said. He was not at liberty to disclose the business name. Said a Sub Zero spokesperson, in part, in a Facebook post, “After over a decade serving you on Siesta Key, our landlord has decided to go in a different direction. This was an unexpected turn of events, and as such we do not at this time have plans to relocate the store.”

The post went on to say, “We are so grateful to everyone who has supported us on Siesta Key, from those who found us early on and returned year after year to those who only just discovered us, locals and visitors alike. While the pandemic, hurricanes, and red tide presented challenges at times, our business stayed solid and that’s due to YOU. Thank you.

“Thanks also to our employees who have been supportive and understanding through this process.”

The Sub Zero owners do have

Serving

another Sarasota location, at 4065 Clark Rd.

Fire causes damage at Sandy Cove Road residence

A two-alarm structure fire on Siesta Key’s Sandy Cove Road caused damage in the earlymorning hours of Sunday, July 23. Sarasota County Fire Department personnel responded to the blaze at about 4 a.m. and contained it to the building of its origin. No injuries or transports were reported. The state’s fire marshal office was contacted to investigate.

Welcome to Seascape

Aquarium & Pet Center. We have:

• 10,000 feet of showrooms

• 25,000 gallons of freshwater, salt water and coral.

Located in Gulf Gate 2162 Gulf Gate Drive

Store hours:

Monday-Friday 10 AM - 6 PM

Saturday 10 AM - 5 PM

Sunday 12 - 4

Pisaturo

Photo courtesy of the Sarasota County Sheriff’s Office.

Making the most of the roadtrips

Sand-sculpting guru Andy Daily captures first place in Maine while networking with his peers, recruiting Crystal Classic participants

It’s a bit amusing to think of someone like Andy Daily heading to the beach when they head out of town.

After all, the professional Siesta Key sand sculptor lives and breathes all things sand. His friends even call him “Sandy Andy.”

But for Daily, taking in a handful of sculpting competitions each year is in some ways part of the job – especially when you’re the director of the Siesta Key Crystal Classic International Sand Sculpting Festival. This November, he’ll be running the event for the third straight year.

“Yes, I do recruit others while I’m on the circuit,” said Daily. “I’m always looking for new talent.”

An example is finding Amanda Bolduc last year when he participated in the Clamfest Sandfest in Yarmouth, Maine, where he took second place. A fellow competitor, Daily invited Bolduc to Siesta Key last year to compete and he did the same when he was in Maine in July. She’ll be among the 24 participants again this year.

By John Morton

“I’ve recruited others while I was out on the road at competitions,” Daily said, “and I’ve brought in some phenomenal talent as a result. The guys this year are no exception.

“I tell people about our sand and how it’s 99 percent quartz crystal. I tell them you can really go vertical with it, which a lot of sculptors like. I’ve gone 16 to 18 feet high on Siesta Key.

“And best of all, I tell them the sand doesn’t get hot. That’s the first thing I’m reminded of whenever I go somewhere else in the summer. I love Siesta Key sand.”

By the way, while in Maine this year Daily just so happened to capture first place. His sculpture depicted an old-timer fisherman with his best friend in the form of a lobster.

It’s the third time Daily has received top honors – in 2019 he won the Texas Sandfest in Port Aransas and in 2021 the prestigious Virginia Beach Neptune Festival’s competition.

Continued on page 14

Left, Andy Daily works on a tabletop sculpture for a local client’s business event. Above, his winning creation at a recent festival in Yarmouth, Maine. (submitted photos)

Ramirez lawsuit

Ramirez argued that the county was in violation of its own land-use rules within its comprehensive plan, and Carroll agreed with her on the most consequential of them all – intensity and density.

He sided with the county on two other alleged violations brought by Ramirez and five others remain in limbo.

And while the county’s comprehensive plan has taken on many incarnations, with revisions in 2016 representing its current form, Carroll decided that policies established March 13, 1989 stand as the precedent. At that time, in relation to hotels, building height was limited to 35 feet and the number of rooms per acre was at 26. Carroll in his interpretation would determine the number should be 36.

In summarizing his ruling, Carroll wrote:

“The court concludes that the development order violates Future Land Use Policy 2.9.1 because the county’s zoning ordinances and regulations in existence as of March 13, 1989 allowed density at most of 36 hotel units per acre on this site on Siesta Key. Here, the development order allowed for 170 hotel units on a .96-acre site,” Carroll wrote in his ruling. “The development order also violated the intensity requirement of that policy. Plaintiff is entitled to a declaration that the development order is inconsistent with Future Land Use Policy 2.9.1 of the county’s existing comprehensive plan.

“The development order, however, does not violate Coastal Policy 1.2.3 or Future Land Use Policy 1.2.6 because those

Continued from page 1

policies contain permissive terms – i.e., encourage and discourage – instead of mandatory terms.

“The court cannot address the other challenges due to the existence of disputed questions of fact.”

Coastal Policy 1.2.3 and Future Land Use Policy 1.2.6 address development in evacuation zones A & B (Siesta Key is in A) and how it should be discouraged.

What’s next?

Now, all parties involved in the case (which includes a second lawsuit against the county involving both the Calle Miramar project and an additional hotel that was approved) are being asked by the judge to decide on how to proceed. A trial that combines both lawsuits has been scheduled for Nov. 13, involving the plaintiffs, the county, and the intervenors – a legal term for the attorneys representing the hotel developers. Will some or all on the losing end appeal the ruling, come back with revised plans, or abandon their project altogether?

“In the light of the court’s ruling with respect to Future Land Use Policy 2.9.1, the parties shall meet and confer as to the next steps, including whether the parties desire the court to enter at this time a final judgment invalidating the development order and precluding the county from permitting development activities pursuant to that development order, or if they wish to proceed to adjudicate

the other portions of plaintiff’s challenges first,” Carroll wrote in his ruling. “The parties shall advise the court in writing filed with the court within 30 days as to the parties’ position or positions.”

Ramirez filed in her lawsuit in November of 2021. About a month before that, the commissioners had approved by a 3-2 vote the controversial concept of unlimited density, blowing the roof off the pervious limits for hotels of 26 rooms per acre (since adjusted by Carroll to 36 with his ruling) and 35 feet in height. At the time it opened the door for the subsequent approval of both the Calle Miramar hotel and a second hotel on Old Stickney Point Road.

In the fall of 2022, a third hotel was approved by the county at 5810 Midnight Pass Rd. with plans for six stories and 112 rooms on 2.15 acres. It would be built where the Wells Fargo bank once operated.

Previous to the county’s votes of approval, the only hotel on the Key was two stories in height and consisted of 55 rooms in what is now the Siesta Key Beach Resort & Suites.

The Ramirez lawsuit involved only the Calle Miramar hotel, which is proposed to sit on just .96 acres of land that is currently home to the addresses of 214, 220, and 226 Calle Miramar and 221 Beach Rd. Two single-family houses sit on Calle Miramar, and one singlefamily house that is condemned is on the Beach Road side of the lot.

A victory in Tallahassee first

In April, Ramirez received a separate favorable ruling from a Division of Administrative

Hearings judge on the state level who also said Sarasota County’s actions were “inconsistent” with its own comprehensive plan.

Beyond problems with the hotel’s size, Judge Suzanne Van Wyk also agreed that hurricane evacuation could be hampered by the influx of people staying on the Key.

“There are public safety issues,” Ramirez said of her concerns she voiced in her state case. “You are telling me we’re going to have to evacuate even more people here? We have only two exit points and one road connecting them.”

“Did you know that Siesta Key, besides the downtown, has the most density in Sarasota County?”

The county has appealed that state ruling, and could suffer sanctions if a panel led by the

governor finds it in violation of its own policies -- provided it loses the appeal.

Ramirez said the county must get out of the mindset of mounting appeals and simply rescind its approval of the hotels.

“The county should stop pursuing the case. Hopefully it has learned a lesson. How many of these cases does it want to lose?” she said. “It’s a shameful waste of the taxpayers’ money.”

Ramirez considers herself a formidable foe and says she’s in for the long haul.

“I’ve been fighting for Siesta Key for 20 years, protecting it against any more density,” said Ramirez, who is the former president of the Continued on next page

An artist’s rendering of the hotel proposed for Calle Miramar. (submitted image)

Carroll

Ramirez lawsuit

Siesta Key Association civic group. “I didn’t have any fear with this, but rather a strong belief in myself. I know the comp plan policies for Siesta Key like the back of my hand. I’m qualified.

“There are many, many cases where the county has abused our island and I have stood up to them all. I have done so much research, going through so many ordinances. I would like to put together a book with the information I’ve gathered to help us with the next time they try to do this.”

An update in 2016 to the comprehensive plan further placed emphasis on the unique characteristics and challenges associated with a barrier island and its relationship with development, Carroll concluded, and wrote that as a result Siesta Key is still “subject to the intensity and density limits provided in Future Land Use Policy 2.9.1.

Carroll also found that plans for the Calle Miramar hotel, at 80 feet in height, also exceeded the limit of occupying no more than 20 percent of the parcel for buildings between 75 and 85 feet, in accordance with the county’s regulations. As a result, he said the proposed setbacks were also inadequate.

A hand-off

Earlier this year, Carroll inherited the lawsuit when judge Stephen Walker recused himself due to his previous relationship with an attorney representing Siesta Key resident Gary Kompothecras, who has been approved to build a seven-story, 120-room hotel on 1.17 acres at the corner of Old Stickney Point and Peacock roads, near the island’s

Continued from previous page

south bridge. A five-story parking garage would be constructed nearby to serve the hotel.

Walker, who decided to combine the cases into one trial, heard testimony from all parties on the Ramirez lawsuit in January and conducted other subsequent hearings before bowing out in April. Carroll then heard similar testimony July 7 and had his ruling in six weeks.

The second lawsuit against the county was also filed in November of 2021 by Marina Del Sol condominium, which is across the street from the Kompothecras hotel site, and its residents James Wallace and Robert Sax (Wallace has since dropped out). Joining them were members of the condominium called 222 Beach Road, which sits across the street from the Calle Miramar site.

Robert Anderson, a Sarasota Realtor, is the developer of the Calle Miramar hotel. When reached for comment, he declined to provide one.

Said Kompothecras when asked for comment, “Let’s just say that this is only round one.”

The approved Midnight Pass Road hotel is being created by island resident Dave Balot, who also is co-owner of the Siesta Key Beach Resort & Suites on Ocean Boulevard in the Village – just two properties away from the Calle Miramar site. At one point, the Siesta Key Beach Resort & Suites had also applied for approval for the creation of a new hotel, hoping to raze its buildings and rebuild with 170 rooms. It has since put its application on hold.

Said Balot, who has already twice altered his Midnight Pass

Road hotel designs, of Carroll’s decision: “I think Judge Carroll did his job and explained it very well. Legally, I’m not sure how things move forward from here, but I look forward to working with the county staff and again, if allowed, filing a comprehensive plan amendment that supports my project while maintaining the character of the Key.” Attorneys representing Sarasota County do not comment on legal matters involved in ongoing litigation.

Opponents rejoice

As for Sax, the condo association president at Marina Del Sol, he called Ramirez’s successful ruling “a great day for the residents of Siesta Key.”

He added, “Congratulations to Lourdes and her team for putting forward such a very strong case proving that the county erred in its approval for these mega hotel projects on Siesta Key. Judge Carroll got things exactly right

in his ruling that the county’s approval of a high-density and high-intensity hotel on Siesta Key was inconsistent with the clear development restrictions imposed by the county’s own comprehensive plan.

“It is my hope, but sadly not my expectation, that going forward the developers will choose to interact in a truly meaningful close way with the neighborhood residents to put forward a plan for development which benefits all the parties while staying within the regulatory limitations and protections of the existing comprehensive plan.”

And Robert Luckner, president of the Siesta Key Coalition that was created solely to fight the hotels and also a board member of the Siesta Key Association, which also publicly opposed the hotels, said he believes the ruling “removes the foundation of the ordinance that removed density limits on Siesta Key and restores the commercialgeneral limits” of Future Land Use

Policy 2.9.1, thus overturning the county’s approval of the hotels.

Hotel use is only allowed in commercial-general zoning, where all the proposed hotels are located, via a special exception. The county granted that designation in each case.

Attorney Richard Grosso, a landuse expert hired by Ramirez, said the court system was the only way to undermine the commissioners.

“Since the developer’s arguments were moved out of the receptive audience of a county commission and were subject to cross examination and actual legal analysis by a judge, the developer is 0-for-2 and Ms. Ramirez is 2 and 0. We urge the county to accept these rulings and rescind the unlawful development approval,” he said.

Added Ramirez, “Everyone knows you can’t increase density and intensity on barrier islands. Once and for all, the county needs to realize it should stop putting money before people.”

Above left, the lot along Beach Road where the proposed hotel would be built, backing up to Calle Miramar. Above right, the condo complex across the street that is part of a lawsuit against Sarasota County. (Photos by John Morton)

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The cafe is in their DNA

From the Broken Egg to the Serving Spoon to the Oasis , Jim and Melissa Palermo keep feeding our dining desires

By Hannah Wallace

Some Siesta things don’t change. In 1985, Jim and Melissa Palermo founded the Broken Egg, then a 16-seat family spot on Avenida Messina. They ran it for six years and at two locations until selling in 1991, but by then the Broken Egg had already become a beloved Sarasota institution. And the Palermos knew they were onto something special.

Thirty-eight years since breaking their first egg as Siesta Key restaurateurs, the Palermos’ breakfastlunch legacy continues 3.5 miles east, just over the north bridge, at the Oasis Café. There, Melissa still cheerfully orchestrates the front of house, and Jim still gets up at 4 a.m. to mix pancake batter and bake muffins, biscuits and scones.

“Melissa and I both still work in the business,” said Jim one afternoon this August, in between his morning shift in the kitchen and a supply run to Detweiler’s. “For lack of a better word, we’re dinosaurs. I’m the person that meets the delivery truck in the morning, opens the gates for the garbage truck. I’m in the kitchen cooking. It’s very rare that you walk into a restaurant today and you’re introduced to the owners.”

Melissa grew up in the Siesta Key hospitality scene (her parents owned a popular resort which has since been razed for condos), and Jim, originally from Vermont, cut his teeth in seasonal kitchens up and down the East Coast. But working dinner service often meant that Jim got home at midnight or later. The Broken Egg was the Palermos’ attempt at a work-life balance.

“When kids started coming along, we said, if we’re going to be in the hospitality business, we need to figure out how to have a business and a family. I’m not going to be an absentee dad,” said Jim.

Sonny Sears, a friend and real estate mogul who owned the Key’s Conrad Egan clothing store, suggested a location.

“And at the time, the Village really needed a breakfast-and-lunch spot,” said Jim. “So, we did.” Soon enough, patrons at the newly opened Broken Egg on Avenida Messina were passing around the Palermos’ 4-month-old daughter, Ashley, while her parents worked. In three years, the family moved to a larger location on Avenida Madera. And three years after that, in 1991, they sold the Broken Egg to Mart Solu (who would eventually sell the restaurant to Bob Kirschner in 1997). But the Palermos weren’t out of the restaurant biz for long.

Within the year, while Jim was shopping at Morton’s Market, a man introduced himself and said he had a spot on Osprey Avenue, just north of Hillview Street, that was in need of a restaurant.

“He handed me the keys and said, ‘Go take a look,’” said Jim. “I never gave him the keys back.”

The Palermos turned that spot into the Serving Spoon, another welcoming breakfast joint. A few years later, they sold that restaurant, too, though the new owners of the Serving Spoon (still open in Southside Village) have preserved much of the Palermos’ legacy there.

In 2004, after nearly a decade of living and working in Vermont, Jim and Melissa returned to Sarasota and purchased the Oasis Café, then a lunch and dinner spot on the southwest corner of Osprey Avenue and Siesta Drive. A year later they converted the spot to breakfast and lunch and reverted to the early routine that they’d first established with the Broken Egg 20 years earlier.

“I can’t really say that getting up at 4 in the morning is a negative because I wake up anyway,” said Jim. “I like that hour of the day. I like the peace of being able to do what do.”

Once again, their restaurant has attracted a loyal neighborhood following that this time has lasted 19 years.

What’s kept the Palermos successful through three Sarasota restaurants and nearly four decades? “Creative is a good word. A better word is, we are flexible,” said Jim. “I always compare it to a Mexican restaurant that has less than 10 ingredients and they make 40 dishes. We have a two-page menu — breakfast and lunch — and every ingredient is fresh. Every ingredient I control, buy, I chop.”

And so, Jim and Melissa have continued into their 60s. Jim acknowledged that at some point they’d like to create an exit plan. This time, rather than selling outside the family, they might like to hand the Oasis down to their daughter Ashley. The same little girl who was passed around from diner to diner in the earliest days at the Broken Egg now helps manage the restaurant. The family appeal continues.

Expires September 30, 2023

“We’re mom and pops. The buck stops with Melissa and myself,” said Jim. “We give [employees] a place to hang their hat, to be a part of a family, to be part of a small organization. To work with somebody that’s been doing this for 100 years.”

Shop Local • Shop Smart

drinks, grab your beach gear, or stock up on beer, wine, snacks and key lime pie We have a full selection of groceries for a perfect sland stay!

Left, Jim, Ashley and Melissa provide a warm greeting at the Oasis Cafe & Bakery. Right, the exterior of the South Osprey Avenue business. (submitted photos)

Fishing tournament champions

Continued from page 1 award. The 15-year-old Tellbuescher, a summer staffer, is the Junior Division champion. Both Tush proteges credit their boss for introducing them to the world of tarpon competition. “I’ve been fishing this tournament since Aledia got me into it in ’96,” Forde said.

The tournament carries extensive rules for conduct, reporting, as well as mandatory polygraph tests. Boundaries for this year’s tournament spanned from the northern tip of Anna Maria Island to the southern side of Stump Pass in Englewood.

Looking back on the fish that secured his win, Forde recalled hooking the tarpon at 11:57 a.m. on June 24. It was the final day and minutes before the noon deadline.

“I was just south of the public Siesta Beach, just outside the swim buoy,” he said. “The fish jumped about eight times and people on the beach were hooting and hollering. The spotter verified the size.”

It measured 29 inches in girth.

“After I allowed the fish to rest and recover, it swam away,” Forde added. “What a day.”

The Sarasota native would fall under the spell of the fish called the Silver King. After fishing in fresh water since he was 4 years old, his first tarpon outing took place in the waters off Crescent Beach. And he was hooked.

“Fishing has always been my thing,” he said.

As a member of the CB’s team, he gets the chance to live the sport every day. Forde joined the business after college when a baseball injury derailed his plans for playing in the Major Leagues. “I was drafted by the Seattle Mariners out of high school and, while in college, the Chicago Cubs,” he said.

Surgery ended his days on the diamond, but he found his place and calling on the waters off Siesta Key.

Meanwhile, when CB’s junior champion headed back to school last month as a sophomore at St. Stephen’s Episcopal School in Bradenton, she had a really big fish tale to tell her friends. Recalling her epic

Andy Daily

Continued from page 9

But celebrations in the sand are not what motivates him to compete.

“Actually, I’m really not competitive,” Daily said. “What I like most about the trips are seeing people who have become such good friends. I truly enjoy being with them.”

How has Daily fared at his home event, the Crystal Classic?

“You know what, I’ve never competed in it,” Daily said. “Until I became in charge, I was always the No. 2 manager” assisting former director Brian Wigelsworth, who started the event and will once again be competing this year.

battle that secured her junior tarpon title, Tellbuescher smiled thinking of that night. It all started as the sun was setting.

“I hooked it off the coast of Siesta Key near Point of Rocks and it dragged me a couple of miles off shore,” she said.

Her dad, Curt, was also on board the boat along with a neighbor. After a two-hour-and-15-minute battle, at 10 p.m. the mighty young fisherwoman got the tarpon to the boat. It was measured at 37 inches in girth and was photographed. After allowing the fish to rest, as required by law, she bid her trophy goodbye.

Beaming with pride, the teen reported “I entered the junior tournament last year, but this was the year that I caught the big fish and won. Aledia really encouraged me. I’d been wanting to get a big fish all season.”

Heading out on the water to fish with her father has been a part of the teen’s life since she was a young girl.

“I love going fishing with my dad. Last year I got a little tarpon. This year, my first big fish,” Tellbuescher said.

For those planning on tarpon fishing next spring in May, June and July, when tarpon is found in the Siesta Key region, Forde has some advice: “Find a good fishing captain who fishes for tarpon regularly and knows the waters,” he said. “You have to know what you’re doing. It’s very important to observe correct boating and fishing etiquette.”

Proper boating is vital, he cautioned.

“Tarpon are very sensitive to the boats. Driving recklessly at fast speeds disturbs and spooks them. They travel in schools, and they’ll leave,” he said. Forde also noted the importance of understanding state regulations that pertain to these world-class game fish. Tarpon are a catch-and-release-only species and regulated by the Florida Wildlife Conservation Commission.

To learn more about to learn more about tarpon fishing, contact CB’s at cbsoutfitters.com. For more information on the Sarasota Tarpon Tournament, visit: sarasotatarpontournament.net.

That’s OK with Daily, who learned early that competitions weren’t the way to survive once he turned professional in 2011.

“I thought competitions at festivals were all there was to sand. The more I got involved, the more I learned it was a real job – you need clients, you need to create sculptures for corporate events, things like that.”

In fact, he just recently participated in creating a sculpture for Yamaha. And with Wigelsworth he runs the local SandVenture business where his crew members give sand-sculpting lessons on the beach.

“I only got involved in this because at the time I was trying to impress my now-wife,” Daily said with a laugh. “Sand sculpting was her thing.

“And look at me now.”

Below, Tabby Tellbuescher battles a catch. Right, Doug Forde pulls one in. Both were big winners in the Sarasota Tarpon Tournament. (submitted photos)

The champs with their trophies. (submitted photo))

Reviewed Januar y 29, 2023

A s f re q u e n t v i s i t o r s to S a r a s o t a , w e ’ re no t s u re h o w w e m a n a g e d t o m i s s t h i s place i n t h e p a s t Now t h a t we h a ve f o u n d i t , w e will b e b ac k t o s a m ple e v e r yt h i n g

We tried the stone crab chowder and the grouper tacos. Both were delicious and loaded with fish. Our tacos were dressed with a pineapple, watermelon salsa and accompanied by a side of wheatberry salad which had just the right balance of sweet and tangy.

Our son also raved about his broiled tripletail which came with fresh green beans and potatoes. Prices, including beer, were reasonable and portions were plentiful.

travel by boat to Big Pass and spend the day. For Nick, the beach and the water called his name.

Before long, 14-year-old Nick found a part-time job at the Old Salty Dog. Owner Judy Fryer recalled hiring him.

“Although he was young and his English was limited, he was very determined,” she said. “He started as a dishwasher, then a line cook, kitchen manager and manager of the front of the house. Nick was amazing,” said Fryer sadly.

“He liked to be with the people more than in the kitchen,” said Miladin, who worked closely with Nick for all 17 years. “Nick really loved this place and all the people in it. When the college kids who worked here would go back to school in the fall, Nick would say ‘You’ll be back.’

“He had a big impact on their lives. He looked out for the kids and wanted everyone to be the best they could be.”

Indeed, the Old Salty Dog shaped his career and made Nick Hahn one of Siesta Key’s most loved and well-known restaurant people. ***

Kristyna also began her restaurant career at age 14 at the Old Salty Dog, working as a part-time host, server and then manager. After two years at the University of North Florida in Jacksonville, she returned home to work full time. For the past year and a half, brother and sister worked side by side as managers.

“Working with Nick made my job fun,” she said. “In his mind, he owned the place and treated it and everyone here as though he did. He was the best big brother I could have asked for.”

Recalling the last day that they worked together, Kristyna said that her brother came in on his day off to help her put up new shades in the restaurant.

“He taught me everything that I need to know about the Old Salty Dog and about life,” she said. “My favorite memories of Nick are working with him. He always guided me and taught me right from wrong.

“I feel him. He’s here with us.”

It was on Siesta Beach in March 2016 that Nick and his wife, Lucie, a native of the Czech Republic, said their marriage vows. The couple recently purchased a new home that they were making their own.

When Nick wasn’t at work or with his family, he loved going to Tampa Bay Lightning games with his father. When the Lighting’s announcer came to the Old Salty Dog and brought the Stanley Cup with him, Nick posed for a photo with the trophy. That picture graces the restaurant’s wall.

“He also loved his Harley Davidson black street glide special motorcycle and his big silver teal Hummer SUV,” said Kristyna with pride.

Only weeks after Nick’s passing, the first of many difficult first days came around. It was his daughter Emily’s first day of school.

“Emily is a little fish,” said her proud aunt, recalling that only days before he died Nick had taken his young daughter scuba diving at Siesta Beach. “I will remind her of that happy day with her dad.”

A Go Fund Me page to support Nick’s young family can be found at gofundme.com/f/funeral-help-for-nickhahn-family.

Top left and clockwise: Nick on his bike, the Hahns at Patriots Pier, the Stanley Cup with a big Lightning fan, Nick and sister Kristyna at the Old Salty Dog. (submitted photos)

Nick Hahn Continued

Spa Experience Siesta Key

Microcu r rent Facia ls a re a powerf ul a nt i-ag i ng t reat ment t hat t ighten s a nd ton e s fac i a l mu s c le s a nd st i mu l at e s a nd n e c k, r e stor i ng s upple n e s s a nd a yout h f ul glow wh i le t ighten i ng t he fa c i a l mu s c le s T h i s m a c h i n e b a s e d t reat ment sends elect r ica l i mpulses of ver y low volt age but h ig h f requenc y t h rough t he sk i n resulti ng i n a more y o u t h f u l a p p e a r a n c e C r o w ’ s f e e t b e g i n t o di s a p p e a r, e y e b r o w s l i f t , a n d c h e e k b o n e s a r e m o r e d e f i n e d C l ie nt s nor m a l ly fa l l a sle ep du r i ng t he fac i a l a s it is ext remely rela x i ng a nd pa i n less T here is no dow n t i m e a n d c l i e n t s m ay g o o ut s id e w it h n o con c e r n s a f t e r t r e at me nt s Spa D i r e c tor, Con n ie Lew is has been per for m i ng m ic ro - cu r rent facia ls si nce 2005 a f ter lea r n i ng t he tech nolog y du r i ng her st udies at Fash ion Focus Academy where she ear ned by t he results I persona lly exper ienced on my ow n face I i m mediately acqui red t he mach i ne r ight out of school,” says Lewis

Re s u lt s o f t he t r e at m e nt s a r e c u mu l at ive a n d t he b e st v i sible re su lt s a re a f ter a s er ie s of 5 - 10 t reat ments t hen mont h ly or week ly t reat ments a re r e com me nded dep e nd i ng on sk i n cond it ion a nd desi red result

T he system i s completely sa fe a nd t reat ment i s non-i nvasive The cur rent is ext remely low, less tha n t he out put of a pacema ker T he system operates on a per-prog ra m med set ti ng a nd conta i n s ca librated internal data mon itoring and resistance meters Th is a llows f ull com for t to t he client as well as opt i ma l perfor ma nce a nd results for t he operator

Microcurrent treatments are usually performed within 45- 60 minutes, and a re u sua l ly pre s c r ib ed i n a ser ie s of 6 to 12 treatments over a course of 60 days with one to two treatments a week re com mended for m a x i mu m resu lt s The number of sessions i n a series is complete, a monthly “booster” treatment is required to maintain results

Ou r non-i nvasive t reat ment usua lly offers not iceable results even a f ter just one session a nd effect ively g ives you

Like exercise for the other parts of the body, the facial muscles need a regular workout to achieve good muscle tone Muscle reeducation by microcurrent is often referred to as “sculpting” and “lifting ”

T he l i f ti n g a n d s t r e n g t h e n i n g a c t io n h ave a n accumulative effect on the face with each systematic series of treatments, increasing the holding action of the muscles Through repeated sessions, facial muscles will hold their tone Just like the stomach muscles will “re-tone” after repeated sessions of sit-ups During the initial program, we recommend one to two visits a we ek w it h t he tot a l nu mb er depend i ng on t he individual needs A typical course of treatment will range from six to twelve sessions And after that a visit once a month is usually all that is required to maintain good facial muscle tone and youthful appearance

W hen you stop exercisi ng t he body, over a per iod of t i me t he muscle will lose t hei r i ncreased tone a nd the face It will not sudden ly “fall,” but overt ime will beg i n to resume its nor ma l ag i ng process

Most i ndividua ls wi ll see i m mediate cha nges i n

sp e c i a l i st c a n l i f t h a l f of you r face to show you t he di fference compa red to t he ot her side But t he i mprovement is i ncreasi ngly obvious over a per iod of t i me wit h t he ser ies of session s Results depend

W h at ca n m ic r o c u r r ent do for you?

O r ig i n a l ly deve lop e d for t r e ati ng fac i a l pa l s y, m icrocu r rent i n t he est het ic real m ca n:

• Re- educate muscles

• Increase blood a nd ly mph ci rculat ion

• En ha nce t he penet rat ion of t he act ive i ng redients of sk i n ca re for mulat ion s

• Increase t he product ion of collagen a nd elasti n

• Increase protei n sy nt hesis, gluconeogenesis a nd cell membra ne t ra n spor t

Additionally, research has shown that microcurrent may help with anti-aging at an even deeper level In 1982, researcher Ngok Cheng led a study that provided hard evidence of microcurrent’s role in cellular vitality by prov i ng t h at m ic roc u r rent i nc rea sed level s of adenosine triphosphate (ATP) in lab-rat skin cells by 500 percent ATP is the fuel a cell needs to function Actually, ATP is a really big deal as it is the energy that fuels all biochemical functions in the body It boosts protein synthesis, necessary for tissue repair

I f yo u a r e i n t er e s t e d i n s e e i n g t h e r e s u lt s o n yo u r s e l f, yo u c a n b o ok a n ap p o i n t m e n t o n l i n e at spaexperiencesiestakey.com or by calling 941- 349 - 4833

Spa Experience, Siesta Key is conveniently l o c a t e d a t 570 0 M i d n i g h t Pa s s R o a d , S u i t e 4B, S i e s t a key (n e xt d o o r t o t he f i r e s t a t i o n ) G o t o s p a e x p e r i e n c e s i e s t a ke y c o m t o b o o k y o u r appoi nt ment or ca ll 941-349-4833

The Highs and Lows of Properties Sold on Siesta Key

Provided by William Raveis Real Estate / www.raveis.com

The following are properties sold on Siesta Key in the last 60 days, providing a snapshot of home values on the Key for both single-family homes and condominiums.

HIGHEST-PRICED SINGLE-FAMILY RESIDENCE

3726 FLAMINGO AVE.

$4.35 MILLION

This beautiful 2019 custom-built home by Jonas Yoder Homes is located on a private street on the north end of world-famous Siesta Key. This home features a functional great room floor plan, high ceilings, elevated entry, and large banks of hurricane impact-rated windows and doors that open to the multiple terracing outdoor spaces. The kitchen features white cabinetry, a large island with granite countertop and counter-height seating, breakfast nook, abundant cabinet and drawer space, and high-end stainlesssteel appliances.

The adjacent great room boasts a full wall of sliding doors that lead to the waterfront terrace and outdoor kitchen. The master suite is on the upper level with a spa-like master bathroom and a private waterfront terrace. There are two additional ensuite bedrooms, and a loft area available for an office or flex space.

The outdoor space includes a yard, covered outdoor entertaining area, paver deck, heated saltwater pool and spa, pool bathroom, wet bar, and a fully equipped boat dock with two boat lifts and one jet-ski lift. Abundant garage space, workroom, and storage space.

LOWEST-PRICED SINGLE-FAMILY RESIDENCE

5019 COMMONWEALTH DRIVE

$1 MILLION

Adorable two-bedroom, two-bathroom islandstyle cottage on Siesta Key. This home sits on a large (11,330 square-foot) lot on a desirable tropical canopied street.

Huge yard with ample room for a pool.

Landscaped and fenced for the utmost in privacy. The home opens to a spacious lanai, which makes a great entertaining space. This stunning cottage lives large, with natural light pouring in. It boasts beamed ceilings, white bead board, neutral tile and wood flooring and an open kitchen.

Courtesy of ReMax Platinum

HIGHEST-PRICED CONDO

304 CALLE MIRAMAR., #52

$2.76 MILLION

The residence, located in Siesta Village, is well appointed with four bedrooms and four bathrooms. It offers 3,236 square feet of living space with exterior terraces off most rooms and an oversized attached twocar garage. A new elevator takes you to the living spaces with stairs leading up to a large private rooftop deck. The main floor boasts an open floorplan, upscale

the community’s sparkling pool. There is assigned parking for each unit and a storage closet is located off the lanai for owner’s

There is fishing and kayak storage available near the community kayak launch site. For investors, the

kitchen, huge center island and a breakfast bar. The second living room is set up as a game room. It is equipped with a full wet bar, sleeper sofa, ping pong and a separate and large exterior terrace. The inviting primary suite includes soaking tub, walk-in shower, and a lovely terrace. There is a second ensuite bedroom and two additional bedrooms completing the space.

Courtesy of Keller Williams

Courtesy of Premier Sotheby’s

Gilligan’s still wants later live music

Colburn said, under Florida law, the county is obliged to negotiate in good faith in a mediation setting.

Following the July 26 proceedings, Colburn emailed assistant county attorney David Pearce a proposal that included no live music on the back patio stage past 10 p.m. and all live music would end at midnight seven days per week. Pearce responded Aug. 15 that staff did not feel comfortable recommending Colburn’s proposal to the county commissioners, as it did not adhere to the “scientific approach”

stipulated during the July 26 hearing, which would include a sound engineer’s evaluation of sound mitigation for the property.

In general, the maximum level of decibels allowed in the Village’s business district is 75. Under its current ownership, Gilligan’s has only had one noise-related complaint filed, according to county records.

“We know we can control the sound because we’ve been controlling it for 20 years,” Colburn said.

Colburn claims that county

Continued from page 6

faces a residential neighborhood. This was explained by Colburn to the Sarasota County Planning Commission, which first heard the request in December, and then approved the application by a 5-0 vote.

commissioners initially voted on a flawed report presented by county staff members that did not properly reflect changes to the

Gilligan’s application -- changes that eliminated the establishment’s interest in having live music in its back parking lot in an area that

Colburn said the intention was never to regularly include live music performance in the back parking lot, but the area was included in the special exception request so his client would not have to go through the costly process again if it chose to expand into that area in the foreseeable future. But since that possible scenario appeared to be the hold-up for approval by planners, Coburn convinced his client to remove it from the application.

However, when the application was presented Jan. 31 to the county commission, changes to the staff report were not completed and the parking lot was still included. Colburn said he was surprised, but expected commissioners to approve the special exception anyway, based on the planning commission’s recommendation. Instead, the commission voted it down.

Then, near the end of the meeting, an additional motion for reconsideration was rejected by a 3-2 vote with Smith and former commissioner Nancy Detert in favor.

The idea of live music going until 2 a.m. was a concern that some commissioners voiced during the denial. Whether or not the potentially misrepresented parking lot topic played a role is uncertain.

“The staff didn’t disclose the information to the commission,” Colburn said. “So, the commission was in the dark about these mistakes.”

Gilligan’s Island Bar & Grill, located at 5253 Ocean Blvd. in the Siesta Key Village. (photo by John Morton)

Keeping it Real

By Natalie Gutwein

State stands up to insurance mess

There are actually some good things happening with homeowners insurance in Florida.

If you own a home in Florida and you have it insured, chances are you’ve seen rate increases over the last couple of years. And that’s if you were one of the lucky ones. If you were one of the unlucky ones, your rates didn’t go up -- you were just dropped.

And if you’ve purchased a new home and insured it in that same timeframe, you really know the pain of today’s insurance market. Insurance companies are far more particular about a property’s elevation, age of the roof, and wind and water mitigation -- such as impact-rated windows, doors, and roof strapping that meet today’s

code. Gone are the days when an inspector could just state that there was “no attic access” on a wind mitigation report and you’d still receive insurance discounts.

The insurance companies want to know exactly what they’re dealing with so they can mitigate their risk as much as possible.

However, it’s widely assumed by the general public that the insurance instability in Florida is solely attributable to hurricanes.

That’s actually not the case. In its last legislative session, Florida passed a new statute to try and stabilize the market -- to help retain the insurance companies that haven’t left yet, attract new ones, and combat one of the biggest culprits of Florida’s insurance catastrophe: insurance fraud.

The first policy the statute did away with is what’s commonly referred to as “one-way attorney’s

fees.” If a claimant sued their insurance company and received one dollar more than what the insurance company had originally offered for a settlement, the insurance company had to pay all legal fees. It’s thought that the origin of this policy was to protect policyholders from the big bad insurance companies, but what it

ended up doing was encouraging attorneys to file frivolous lawsuits, knowing that the insurance companies would ultimately end up paying their fees.

The second major issue is the “assignment of benefits.” This is when a claimant signs over their payments to a third-party provider.

For example, an insured person has a water leak in their home and calls a company to clean and repair it. The company tells the homeowner that they can pay the invoice themselves or file a claim with their insurance company and sign an assignment of benefits.

The insurance company will pay the vendor directly, with the homeowner only responsible for their deductible. This also led to insurance fraud. Unscrupulous companies not only over-billed, but many times homeowners were involved in lawsuits of which they

were unaware.

The statute shortens the time a homeowner must file a claim after an incident from five years down to one, and shortens the time insurance companies must process claims from 90 days to 60.

According to the National Association of Insurance Commissioners, only 8% of all homeowners’ insurance claims are in Florida, but 79% of insurance litigation occurred here. Hopefully, these sweeping changes will help turn those numbers around, stabilize our insurance market, and encourage carriers to return to the state.

Stay sunny, Siesta.

(Natalie Gutwein is a licensed Realtor with Sotheby’s International Realty’s Judie Berger Team and a member of the board of directors of the Siesta Key Association civic group.)

in print & online for 30 days. $25

Includes ad on SiestaSand US for 30 days. To advertise, email your text, to info@27statemedia com and include your phone number. Credit card payment is required prior to advertising. Questions? Call 941-312-0665.

Upgraded Condo For Sale by Owner

2 bedroom & 2 bath,, plus extra room for home office, and 1-car garage..

Features new floors, new closets, freshly painted walls, community pool, very good location in Sarasota.

Firm price: $339,00. Call 704-582-1932

Jim Farley 941.350.3610 info@citizenjackhws.com citizenjackhws.com

TRANSPORTATION

• Airports/cruise ports/arenas

• Long distance, point-to-point rides

• Large capacity SUV/van service

• Dependable, prompt arrival

• Extra care for the elderly

• Pet friendly

Sarasota Airport Shuttle & Transportation

KEITH LOSEY 239-410-9748 • keithblosey@yahoo.com

SarasotaAirportShuttleTransportaion.com