Developer accused of scare tactics over Mira Mar preservation

In order to save the locally historic designated Mira Mar building on South Palm Avenue, Sarasota-based Seaward Development needs to maximize the bulk of the property in order to set aside the upward of $30 million needed to rebuild the structure from the inside out.

To do that, Seaward needs the city to approve both a comprehensive plan amendment and a rezoning to allow it to build two tapered, 18-story towers on land between the structure and Mira Mar Court, where current the Downtown Core zone permits only 10 stories. This despite the 18-story Demarcay immediately to the north on a site zoned Downtown Bayfront.

Zoning for the Mira Mar is the lower intensity Downtown Core.

That was the subject of a lengthy discussion at the March 12 Planning Board meeting, which as its self-imposed stopping time of 6 p.m. expired is continued to Wednesday, April 9. 

The options presented by Seaward are either the two condo buildings with setbacks from the lot line with a tapered design both vertically and horizontally to allow light and air between them; or a 10-story apartment “cube” built lot line to lot line and merely maintaining, not rehabbing, the Mira Mar until the wood structure on sand foundation eventually crumbles. 

Although it has stood for 100 years, the two-story Mira Mar, with its 400-foot span along Palm Avenue, is showing signs of self-demolition and is only a matter of time, according to the developer.

Photo by Andrew Warfield

Planning Board member Shane Lamay said the either/or scenario comes across as something of a threat, a sentiment echoed by some nearby residents who spoke during the public comments portion of the quasi-judicial hearing. Rather than a threat, Seaward Development Principal and CEO Patrick DiPinto characterized it as more of a reality check. If the community desires a full restoration of the Mira Mar, the financial model of the condo towers is the only one that works.

“With an apartment building, the numbers barely work,” DiPinto said. “There is no sales element. With 18-story buildings with some views up on top, we can increase the sales prices and then put that revenue back into the building. That is the only mechanism that provides the dollars to save the Mira Mar.

"It's not like we haven't tried to fix the building," DiPinto continued. "There are no foundations, so we would have to clear all the tenants, rip out the floors and put the foundations in, so it's not just a fix. We either invest the $30 million and save the building, or it's on limited time.”

DiPinto’s statement was in rebuttal to some public comments previously made by nearby residents who said opposed to the rezoning.

Among them was Derek Paquin, who said he purchased a condo on the upper floor of the Demarcay in order to protect his investment. He doesn't want another 18-story tower next door. He also took exception with Seaward's claim that either option will result in similar density.

“I don't buy the 18 stories for extra money to preserve those buildings," Paquin said. "I think it was very telling when the architect or somebody says there's less volume on 18 than there is in 10. So let's make it 10. That's what it's been zoned for. That's what people made their decisions on.”

Courtesy image

Steve Martinuccci, who lives in the 101 Condominium directly across Palm Avenue from the Mira Mar, accused Seaward of deploying scare tactics during its community workshops by presenting the alternative as a “10-story brick” and perhaps preserving only the facade of the Mira Mar rather than the entire structure.

“They paint this gruesome picture,” Martinucci said of the apartment building option, adding the towers will “dwarf” his condo. “Then we can longer see out. We are now being encapsulated by the New York twin towers that are going to be there. The question is, if they're not able to do that and they put the one-story brick in there, do they still have to leave the Mira Mar as is and build behind it? If that's the case, that would be awesome, because it was still all be set back.”

That is not necessarily the case, as setbacks from the lot line are not required by code. Fellow 101 Condominium resident Jim Toale supports the Seaward plan.

“I will vote for height every single time over mass,” Toale said. He compared Seaward’s apartment building option to One Palm on Palm Avenue across McAnsh Court from the Mira Mar, “Which is basically just a big cube.," he said. "One of the advantages of this project is it sits back behind the historic property, and the developer has been pretty frank that it has to be a financially successful project to have the $29 million to do this renovation.”

Rob Robinson, an attorney representing The Mark, which stands just east of the Mira Mar, said the towers will block view, air and sunlight from its residences. He said it is particularly impactful on the fifth-floor pool and amenity area. 

To that, attorney Brenda Patten, speaking on behalf of Seaward, reminded the Planning Board that Florida statute does not guarantee a view.

“There is no legally protected right to a view in Florida law,” she said. “That's perfectly clear. I'm sure (Deputy City Attorney John) Shamsey will agree with that. If you want the view, you buy the easement, you buy the property.”

The Planning Board’s decision on the Mira Mar is a recommendation to the City Commission, which must first approve the Comprehensive Plan Amendment by a 4-1 vote — initially to refer it to Tallahassee for comment and then a second vote to approve — followed by the rezoning by simple majority.

This article originally appeared on sister site YourObserver.com.