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Council takes first reading on variance to reduce water-body setback at 26409 Bay Road
Summary
City held first reading of a zoning ordinance to grant a variance from a 25-foot water-body setback to 15 feet for a proposed single-family home at 26409 Bay Road; staff said the lot predates county zoning, is significantly undersized and that the change would not block access to an existing boat ramp or right of way.
Bonita Springs City Council held first reading Tuesday on a zoning ordinance that would allow a 15-foot setback from the north side right-of-way, rather than the normally required 25-foot water-body setback, for a proposed single-family house at 26409 Bay Road.
The item matters because it would alter a shoreline setback on a constrained, undersized lot that predates modern zoning and includes a boat ramp and public right-of-way on adjacent property lines.
Mike Fegan, community development staff, told the council the lot dates to 1949 and predates Lee County zoning and the city. "This is a very old property," Fegan said, and he described it as an "undersized lot for the zoning district" with water on the rear and north side and a right of way and boat ramp on the north boundary.
Fegan said the boat ramp effectively changes the applicable setback from a 15-foot right-of-way setback to a 25-foot water-body setback, which reduces the buildable area of an already small lot. He noted a similar variance was approved by Lee County in 1990 and said the applicant is seeking relief on one side only while meeting setbacks on the other three sides.
The zoning board previously reviewed the request and approved it 7-0, Fegan said. He told the council that if the variance is approved it would take place entirely on private property and would not hinder use of the boat ramp or the right-of-way.
Council moved the ordinance to a second reading; staff said a more detailed presentation would be available at that hearing. No formal variance was adopted at first reading; the council scheduled the second reading as the next step in the quasi-judicial process.
