Commission OKs variance letting 11 existing docks be rebuilt at current lengths amid boat-lift dispute

The City of Boynton Beach Commission unanimously approved a variance on July 15 that allows 11 existing docks in the Manatee Cove area to be rebuilt at their current lengths, despite those docks exceeding the city's rule that private docks not extend more than one-quarter of a waterway's width.

The variance, as presented by city planning staff, covers 11 specific docks that the applicant surveyed after an earlier hearing and found to be nonconforming. "Those 11 are the only ones requesting a variance at this time," Principal Planner Gabe Spagni told the commission, saying the deviations range from about 1.1 feet up to 5.4 feet.

Why it matters: Residents on the opposite bank said they accept the status quo but warned that the variance does not address boat lifts attached to some docks, structures residents say extend another 8 to 10 feet into the canal and pose navigation and dredging concerns. Christina Sayer, president of the Mariner Village HOA, told the commission she and neighbors want any variance wording and exhibits to include lifts and their dimensions. "The proposed variance does not include the boat lifts, which are permanent structures...and extend into the canal another 8 to 10 feet," Sayer said.

City staff said the local land development regulations currently treat boat lifts differently than docks. Amanda Radagon, planning and development director, told the commission: "The LDRs do not count boat lifts towards docks. They do not count towards docks...we cannot grant a variance for something that we do not regulate." She added staff would be willing to review the code language and recommend changes.

Applicant and staff position: David Millage, representing the applicant, said the request is limited to preserving the existing built condition so owners can rebuild for life-safety and maintenance reasons and seek building permits. "We're only requesting what is existing today," Millage said. Planning staff told commissioners the variance would not enable any docks to extend beyond their current footprints; rather, it would allow reconstruction at those existing dimensions.

Public comment: Multiple neighbors from Mariner Village testified, emphasizing navigation, dredging access and the boat lifts. Mike Rees described boat-lift pilings as a collision hazard: "If you hit that with your gel coat, you're definitely gonna damage your boat." Others asked the commission to broaden future code interpretations so boat lifts count toward the 25% allowance.

Commission direction and outcome: Commissioners voted to approve the variance and also asked staff to revisit the code regarding boat lifts to clarify whether lifts should be counted as permanent structures for future permitting. Commissioner Turkin moved approval; Commissioner Cruz seconded. The motion passed unanimously.

What the variance does and does not do: The approval permits the 11 named properties to reconstruct docks at their existing, nonconforming dimensions. It does not exempt applicants from state or federal permits or other agency reviews, nor does it change how boat lifts are regulated; staff said those policy questions require a separate code change.

Next steps: Staff said it will work on a code clarification or amendment to address boat lifts and will continue communications with both HOAs and legal counsel.