Board denies variance for boat lift and docking that would reduce setbacks at NE 30 Second Avenue

The Fort Lauderdale Board of Adjustment denied a variance request for a seawall and boat-lift configuration at a property on Northeast 30 Second Avenue after a public hearing and a unanimous 7–0 vote.

Owner-applicant Michael Governe said the lot’s irregular triangular shape and narrow canal frontage create a hardship preventing a functional boat lift under current Unified Land Development Regulations (ULDR) setback requirements. Neighbors and staff raised concerns about reducing the required five-foot side setbacks to as little as one inch on the south side.

Governe told the board he lives on a canal and that "6 of them are at varying stages of development. All those 6 houses are raising their seawall. So I thought it was time for me to raise my seawall. So in doing so, I wanted to go ahead and also permit a boat lift for a small boat." He said his design sketches show a small vessel and that the parcel’s angled south boundary creates the hardship.

Neighbor Gary W. Kelb, whose address he gave as 3109 Northeast 20 Fifth Street, spoke in opposition and said the canal is already "crowded" and that residents "don't mind the 4 feet... but not down to 1 inch." Kelb said he did not know the exact vessel size proposed and expressed concern that a boat parked one inch from the property line could drift toward neighbors.

Planning staff advised the board that docks may be permitted from property line to property line and can extend up to specified limits into the waterway, but the code section at issue governs where a watercraft may be docked relative to property line extensions. A staff speaker summarized: the code states "no watercraft shall be docked or anchored adjacent to a residential property in such a position that it causes to extend beyond the side setback lines" and the applicant's requested boat docking would, as designed, fall inside the five-foot setback lines, creating a code violation unless a variance is granted.

Governe described the proposed vessel in the drawings as approximately 14 feet in length; staff and board discussion also referenced an 8-foot width in the diagram. The applicant sought a north-side variance reducing the 5-foot minimum to roughly 4 feet 1 inch (an 11-inch reduction) and a south-side variance reducing the 5-foot minimum to 1 inch (a 4-foot, 11-inch reduction). Board members questioned maneuverability in the narrow canal and the potential for neighboring docks built to the property line to block access.

Board member Jason moved to deny BOA2501002, stating the application did not meet variance criteria; Milton seconded. The roll call recorded the motion to deny as passing 7–0.

The denial leaves the property subject to the existing ULDR setback rules; any future dock or boat-lift work would require designs that meet code or a new application that addresses the board's stated concerns.

Votes at a glance: Motion to deny BOA2501002 (variance for boat docking/boat lift at Northeast 30 Second Avenue) — Passed 7–0.