Yann Milcendau, owner of the Hernando Beach Motel located at 4291 Shoal Line Blvd, is planning to build a new hotel on the current property, expected to be a multi-level building with a rooftop-accessible area. In order to go forward with the project, Milcendau has applied for two variances, one regarding the land footprint and the second, the building height.
The current setback from Sterling Marina is at twenty feet, and Milcendau is requesting a ten-foot variance to allow for building space. Current Hernando County Building Code sets the maximum building height at 45 feet, and a variance is sought to allow for a 54-foot building height. The building height increase will allow for roof access for the elevator shaft and two stairway towers. The additional height for the elevator shafts will allow for a better aesthetic when viewed from the road, having rather than a single-height “box.” Commissioner Nick Nicholson added that current code has been updated to ensure better architectural design and features for road-facing structures, rather than a flat, monolithic structure.
The reduction in land setback from 20 feet to 10 feet impacts the Sterling Marina, whose owner, Milcendau states, “has no objection.”
Milcendau said of the anticipated design, “The roof is very important to us, because Hernando Beach is famous for their sunsets.” He said that the rooftop access was intended to be open to the public for the sole purpose of quiet enjoyment of the sunset that they may not otherwise be able to see.
According to Milcendau, there are no plans for a bar or music for the rooftop sitting area. Public concerns of inclusion of a bar and music has never been the plan for the hotel. Such concerns stem from that style of hotel on Clearwater Beach, however, Milcendau said, “They have five-acres of land for those hotels, I have 1.1 acre.” Milcendau also lives in a unit in the existing hotel. “It’s all we have. We have to be quiet.”
The majority of residents disapprove of the variance, most of them stating that variances are reserved for cases of hardship. Hernando Beach Resident Joseph Ryan, who is an attorney, read from a prepared statement that included, “Often there is some inherent characteristic of a property that prevents its owner from enjoying the benefits of the property that other owners who are similarly situated enjoy. The law contemplates variances … in order to give fairness and equity. At the same time, the law does not allow the variance to give the applicant … a special benefit that’s not available to other owners similarly situated.” Ryan concluded that the variance applied for is for economic benefit, and not within the parameters of a hardship.
Margot McConnell of Hernando Beach was the first to support the two variances. Regarding the dissenting opinions, McConnell said, “I believe the intention (of those opposed) is to kill the entire project.” She went on to say that Hernando Beach is growing, and called the new hotel “an attractive addition.” Considering the rooftop usage, and potential traffic, she said, “I think we sometimes over-exaggerate the use … Shoal Line has to develop. We’re going to develop on an attractive basis, or an industrial, parking and storage basis.” McConnell believes her property values will rise with the expansion of the motel.
Realtor John McRae remembers Hernando Beach beginning development as a quiet fishing community. “However, as with any community, you need support for commercial property.” McRae, who worked with an early developer of Shoal Line Boulevard said, “These lots were basically designed too small to support much of anything.” McRae also spoke to the convenience of having the motel available to his out-of-town guests, but having only six rooms, some were forced to find accommodations in Spring Hill. “Having a nice hotel … would be a great asset for Hernando Beach.”
County Attorney Garth Coller read the variance law aloud, stating in part, “The governing body may prescribe appropriate conditions and safeguards, in conformity with the land development regulations. Violations of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of the ordinance.” Coller recommended approval of the variances.
Commissioner Nicholson stated that the pleasure of the board is to have no public access, no entertainment or music, or weddings. It follows that large gatherings such as conventions would also not be permitted.
Milcendau responded, “I would rather have the restrictions … than to not have the variances … If you want to restrict it, and leave the hotel pretty, that would be great.”
Commissioner John Allocco, said he “loves the design,” but also sees a problem with hardship not being a point if granting the variance. Attorney Coller addressed the issue, “Obviously you treat variances very seriously, and you don’t allow them for self-created hardships, but it’s a balancing act; the variances are there essentially to provide ‘lubricant’ between two opposing forces, one being the general prohibition of exceeding any of these thresholds, and the other to protect the public.” Coller described a ‘general public’ and a ‘specific public,’ with the latter being the nearby residents. “If (the BOCC) feel the variance, if done for the right reasons — in this case, the aesthetic — the board can take that into account … for the good of the people, and not the benefit of the applicant.”
The two variances were voted upon separately, with Allocco motioning to approve the setback to 10 feet, which was seconded by Commissioner Jeff Holcomb. The motion passed unanimously. On the building height variance with access restrictions, Commissioner Wayne Dukes moved to approve, which was seconded by Commissioner Jeff Holcomb. The motion passed 4-1, with Commissioner Alloco voting ‘nay’.