The PSK Board is continuously working behind the scenes on issues affecting Siesta Key.
Part of our regular work involves reviewing hundreds of County documents and emails obtained through public records requests. Most of these are useless—but every so often, we uncover something that directly impacts our fight to protect the Key.
As many of you know, we’ve already won two legal challenges in 2023 against the proposed mega-hotels. The courts ruled that the County’s attempt to reclassify hotels from their long-standing designation as a residential use to a commercial use was a clear violation of the Comprehensive Plan. In 2023, the County was forced to repeal the ordinance that changed the hotel designation and revoke approvals for two mega-hotels on Siesta Key.
A New Zoning Twist
But what happened this past May is simply unbelievable. Within weeks of being promoted to Zoning Administrator, James Erhmann received a request from the Icard Merrill law firm for an official interpretation of having hotels be classified as a commercial use. The Zoning Administrator’s response: hotels are “residential for density purposes only” but commercial in all other aspects. This is flatly wrong. According to our Comprehensive Plan and two court decisions, hotels are residential uses—period. They cannot be reclassified as a commercial use.
Applying hotel standards to Residential Multifamily zoned districts
To make matters worse, Mr. Erhmann went on to label condo-hotels—which are short-term rentals, and exist only in Siesta Key’s residential multifamily districts—as “a commercial use.” That interpretation is alarming. If condo-hotels are deemed commercial, it could open the door to other commercial uses and hotel amenities creeping into residential neighborhoods, a direct violation of both zoning and the Comprehensive Plan.
When this redefinition of condo hotels as a commercial use is combined with the extensive amenities typical of such developments and the proposal to allow voluntary condo rebuilds to maintain high density and expand in size, the result would be the transformation of our residential multifamily neighborhoods into commercial hotel hubs.
PSK demands a correction
Our letter to the Zoning Administrator made it clear: his interpretation usurps the authority of the County Commission and violates the Comprehensive Plan. On September 29, PSK sent an official request for correction to Mr. Erhmann, the Director of Planning, and the County Attorney’s Office. We have not yet received a response. We will—together with our attorneys—bring this matter before the County Commission and County Administrator.
PSK will continue to fight to protect our laws
This fight is far from over. Developers and their lawyers are constantly working to undo the protections we fought so hard to win. That’s why your support and involvement are critical. Stay engaged, share this message with your neighbors, and be ready to speak up when we call on you. Together, we will protect Siesta Key from mega-hotels and keep our island the community we all treasure.
Link to PSK letter to County for correction of ZA interpretation
Link to ZA Letter to Hotel developer attorneys on hotels as commercial use
Link to Zoning Ordinance 83-08 that clearly states transient accommodations which includes hotels are a residential use on the last page. |