Putnam County board approves variance to let over‑water restaurant remain at waterfront

The Putnam County Board of Adjustment on Wednesday approved variance VAR25-00007 to reduce the waterfront setback for an existing over‑water restaurant at 117 LC Drive from 35 feet to zero, allowing the property owner to repair and retain the structure under conditions set by the board.

Planning staff told the board the property is about 3.8 acres, zoned Commercial Intensive (C-4) with a commercial future land‑use designation, and that the applicants hold a submerged‑lands lease from the Department of Environmental Protection. "The applicants are requesting the setback reduction . . . for developing an over the water restaurant," Planning and Development Services staff member Michael Graves said. Graves also told the board the reduction would allow repair of the restaurant beyond the typical 50 percent repair limit that applies by right.

Staff recommended approval after evaluating the five variance criteria in section 45-8-33 of the Putnam County Land Development Code and concluded the request met those standards. Staff briefed board members that the building's open‑water design is unique and that the DEP has already approved development over submerged lands, a fact staff said bears on the county's pollution‑prevention intent for waterfront setbacks. "Staff finds the requested variance meets the criteria required for issuance of a variance in accordance with LDC section 45-8-33," Graves said.

The board approved the variance by voice vote, 5-0. One board member moved to approve VAR25-00007 "as it meets the criteria for a variance as required by section 45-8-33 of the Putnam County Land Development Code," and another seconded; the motion carried. The board's approval was issued with conditions: the variance covers the currently existing restaurant building and any attached extensions and will terminate if the restaurant and its extensions are obliterated; any newly created freestanding structures on the remainder of the property must maintain a 35-foot setback from the mean high water line; and any new indoor expansion of the restaurant in excess of 250 square feet requires review and approval by the Putnam County Development Review Committee to confirm compliance with other LDC rules.

Board staff noted there is a 30-day appeal period from the date the board issues its final order. No vote breakdown by individual board member name was recorded in the transcript; the motion carried by unanimous voice vote. The record shows a site visit was called before the hearing and that the applicant was present and given an opportunity to speak; the transcript does not record substantive new testimony from the applicant beyond what staff presented.

The variance preserves the current commercial use over submerged lands while imposing limits on new construction and larger enclosed expansions. The county and the applicant may now proceed under the conditions the board set, subject to any appeals filed within 30 days.