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County takes case-by-case stance on protected trees

New ordinance, in some ways, comes too late for future Siesta hotelier

If only this went down, so to speak, last year when it mattered greatly for Dave Balot. But it didn’t, and now the future Siesta Key hotelier finds himself in yet another wait-and-see scenario.

The Sarasota Board of County

By John Morton

of Commissioners on Jan. 31 approved a tweak in the county’s confusing ordinance regarding “grand trees” and their protection and possible removal. Now, instead of their fate falling under hardand-fast rules per something in the books without exception, people can approach the commissioners on a case-by-case basis, even with potential appeals in play, regarding the potential removal of a grand tree – notably if it can be determined as a hazard.

The issue is most prevalent with developers who come across trees that are older and larger than usual, as far as their species is concerned. How is a grand tree defined by the county?

Grand trees are determined by adding points calculated for the diameter, height and spread of a tree together. If the sum equals or is greater than the defined point total for your tree species, it is considered a grand tree.

The issue recently went to the front burner when reports came out in late 2022 that grand trees, which are protected by the county, were knocked down on the property Benderson Development is clearing at the intersection of U.S. 41 and Stickney Point Road as part of the massive 24-acre, mixed-use Siesta Promenade project.

Commissioners said at the meeting they were being inundated with comments of concern.

The new ordinance approved by the board does include penalties for leveling such trees. Whether Benderson will face fines is unknown.

And, is the new approach beneficial to developers? That also seems uncertain.

As far as Balot is concerned, his initial design plans for his nowapproved hotel at 5810 Midnight Pass Rd., home to the former Wells Fargo bank, required a do-over because county staff notified him that the grand oak in the front of his lot couldn’t be touched.

As a result, new plans were drawn with an overall buildable footprint loss of at least 20 feet his new reality. It led Balot to tighten his design and add an extra floor (now at six floors and 112 rooms on 2.15 acres). The revised height increase did not sit well with some opponents.

Meanwhile, as this new approach from the county shakes out in terms of interpretation and implementation in its early stages, Balot said he has no intention of reconfiguring his hotel design for what would be a third time.

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