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LPA approves setback variances for canal‑front Madison Court home and Gulf Drive rebuild

5920790 · September 12, 2025
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Summary

The LPA approved two variances: 435 Madison Court (recognizing as‑built setbacks after a seawall encroachment) and 101 Gulf Drive (allowing a 10‑foot rear setback for a new house in the former footprint).

At the meeting the Local Planning Agency considered two separate variance requests affecting residential properties and approved both.

435 Madison Court (VAR20240302): Jason Green (Community Development) said the variance application stemmed from an as‑built measurement error tied to a seawall that was built about 5.5 feet beyond the platted property line into the canal. The principal structure and pool had been measured to the seawall rather than to the rear property line. The house and pool remain constructed; the applicants sought a variance to allow a 19.5‑foot rear setback where 25 feet is required and a 3.2‑foot accessory structure setback where 5 feet is required. Staff reported neighbor no‑objection letters and recommended approval subject to standard conditions; the LPA approved the variances unanimously.

101 Gulf Drive (VAR20250177): The applicant, Rick Dobbs, told the LPA he intends to rebuild a larger, two‑story home in the previous footprint and use a previously granted pool variance. Jason Green said staff recommended denial because the project represents a design choice, not a strict hardship, and the new house is larger than the prior home. Despite staff’s recommendation, the LPA approved the variance to allow a 10‑foot rear setback where the code requires 20 feet; the vote passed unanimously.

Context: The Madison Court case highlights recurring issues in the town where seawalls have been constructed beyond platted lines, creating measurement and setback complications that do not always align with current LDC measurement approaches. LPA members discussed that resolving such situations can be complicated and typically addressed case‑by‑case.

Outcomes: The LPA approved VAR20240302 (435 Madison Court) and VAR20250177 (101 Gulf Drive) and noted these approvals may be final agency action unless a request for additional hearing is filed within 10 days as provided by code.