Sarasota County formalized an agreement to swap 162 Beach Road for three sandy beach lots near Siesta Beach Access 3 to settle a federal lawsuit over public beach use on a 4-1 vote by the Sarasota County Commission on Sept. 22.
Once the deal closes, the county will have clear title to those three lots.
It also gives Siesta Beach Lots LLC ownership of 162 Beach Road, a parcel the county purchased in 2017 for $1.4 million using funds from the Neighborhood Parkland Acquisition Program, along with permission to build on the site and $400,000.
County Commissioner Mark Smith voted against the settlement just as he did in July.
Smith stressed that he was in favor of purchasing the beach lots but not at that price.
He feared that the exchange would set the market
for as many as a dozen similar unbuildable beach lots that he felt should be valued at about $38,000 apiece.
“We’re looking at the future of $38 to $40 million to get these lots,” Smith said then later added, “This is probably the worst negotiation I’ve ever been a party to.”
“This is not the end, this is the beginning,” he continued. “Future boards are going to be dealing with it.”
What is the settlement agreement?
The settlement is a modified version of one the commissioners declined to approve on April 21 that would have given the commission four sandy beach lots.
The sticking point, which prompted the board to send county staff to the negotiating table, is that a clear title could not be established for that fourth lot.
The three lots, technically Lots 15, 16, and 17 of the Mira Mar Beach subdivision, total 30,195 square feet and are located on the north side of Access 3.
Once the deal closes, that land will officially become apublic beach.
The land is owned by Michael Holderness, who also owns several other parcels through Siesta Beach Lots LLC.
Where is Beach Access 3?
Siesta Key Beach Access 3 is located at 100 Beach Road. More specifically, it is the extension of Columbus Boulevard from when the developer of Mira Mar Beach Inc. platted a subdivision in 1926.
Prior to filing suit against Sarasota County in 2024, Holderness complained over several years about underage drinking and conduct that created a public safety issue on his land near the access.
Those efforts were rebuffed and he was fined for an attempt to post No Trespassing signs on his property.
Holderness told the Herald-Tribune in April that he is hopeful that Sarasota County may establish a lifeguard stand in the area to better control the parcels.
An uneasy agreement
The only public comment came from Lourdes Ramirez, president of the nonprofit Protect Siesta Key, who took issue with the fact that Sarasota County was using land bought for public use in the swap.
Ramirez urged the commissioners to reject the agreement.
She noted that the parcel, which at the very least could have been used to create four parking spaces near Beach Access No. 3, is now valued at more than $2.1 million on the Sarasota County Property Appraiser website.
In theory, when Sarasota County sells land purchased through either the Neighborhood Parkland Program or Environmentally Sensitive Land Protection Program, those funds should be reimbursed.
“That’s not what’s happening here,” said Ramirez, who earlier noted that the land and $400,000 would be exchanged for “three unbuildable beach lots.”
None of the four board members who voted to approve the settlement were enthusiastic about their decision.
Commissioner Tom Knight said he just didn’t see a likelihood of winning the federal lawsuit.
Commission Chairman Ron Cutsinger later added, “I don’t think any of us are particularly happy about the circumstance, but this is where we find ourselves.”
Commissioner Teresa Mast noted that she strongly believes in property rights, then added, “Hopefully the benefit to the community will be greater than the pain of trying to get this far.”
Earle Kimel primarily covers local governments in Sarasota County as well as land development and environmental issues for the Herald-Tribune. Follow him on Facebook and X. He can be reached by email at earle.kimel@heraldtribune.com. Support local journalism by subscribing.
This article originally appeared on Sarasota Herald-Tribune: Sarasota County approves contested Siesta Key beach land swap
