LPA approves 6.8‑foot rear‑setback variance for 154 Virginia Avenue despite staff recommendation to deny

The Fort Myers Beach Local Planning Agency on March 11 approved a variance reducing the required 20‑foot rear setback to about 13.2 feet for 154 Virginia Avenue, allowing reconstruction of a single‑family home on the RC‑zoned lot.

Community Development staff recommended denial, arguing the parcel is a conforming lot without extraordinary circumstances and that the applicant’s choice of a premanufactured home does not satisfy the statutory variance criteria. "It does not meet the criteria of the of the, variance," staff said in explaining the recommendation. Despite that, the LPA voted to approve VAR20250018 with two staff conditions: (1) that approval does not guarantee a permit and that development must comply with the comprehensive plan and LDC except as modified; and (2) the variance applies only to the single‑family home as shown on the provided site plan, and demolition or substantial damage would render the variance null and void.

Sarah from Community Development outlined the request on behalf of applicant Steven and Deborah Horgash and summarized staff analysis: the variance would reduce the 20‑foot rear setback by 6.8 feet to permit a single‑story house over the flood elevation on a conforming RC lot; no other variances were requested. "Prior to the hurricane Ian, the applicants lived on the property in a single story 19 fifties house that was similar square footage to the proposed home. The previous home was also noncompliant for rear setbacks," Sarah said.

Kara Stewart, representing the contractor, said the proposed building footprint and square footage are similar to the pre‑storm house and that the new design improves the previous rear setback (previously about 8½ feet). "We are proposing 1,700 square feet of living space. We are proposing 1 story. Our roof height, our mean roof height will be approximately 14 feet. The code allows a 30 foot," Stewart said, adding that the design yields lower lot coverage than allowable limits.

LPA members questioned alternatives and whether different manufactured‑home sizes could meet code without a variance; staff and applicant replied that other design options exist but the choice of a premanufactured home informed the current request. No members of the public spoke in opposition and notices were mailed to neighbors with no responses recorded.

The motion to approve the variance passed unanimously (Member Jim — aye; Member Don — aye; Member Doug — aye; Member Jane — aye; Member John — aye; Member Anita — aye). The LPA reiterated the two staff conditions and noted that final permitting remains subject to building‑permit review and compliance with Town of Fort Myers Beach codes.

Authority cited in the staff report included LDC table 34‑3 and the town comprehensive plan. The application was identified as VAR20250018 and will proceed to building‑permit review if the applicant satisfies the listed conditions.