Hearing examiner grants 3-foot deviation for boat lift at 1418 Southwest 40th Street

The hearing examiner on March 4 granted a requested 3-foot deviation to allow a boat lift with a nine-foot side setback at 1418 Southwest 40th Street, finding the change would not impede navigation or neighboring marine improvements.

The decision follows staff analysis and public testimony. Justin Heller, senior planner with the Cape Coral Planning Division, told the hearing that “the location of the neighboring marine improvements are such that this deviation should not interfere with the neighboring property owners continuing to use their marine improvements.” Heller recommended approval with conditions including that the design be consistent with the submitted sketch and that the approval be recorded with the Lee County Clerk of Court after payment of recording fees.

Applicant representative Camille Burgos told the examiner the owners had consulted their nearest neighbor before installing the lift, have applied for the required permit, and had adjusted the dock design to reduce the encroachment to three feet. Heller said staff found no navigability impacts given the lift does not project farther than the existing dock.

The hearing examiner said on the record that the deviation would be granted and closed the hearing. The approval includes conditions from staff: the recorded document, reimbursement of recording fees, and consistency with the dock design sketch included in staff materials.

The city’s formal recording of the deviation and compliance with the conditions is required before the change takes legal effect; the hearing examiner’s action implements local code review but the recordation step completes the administrative process.