Marine board recommends city approval for two Hemingway Landing dock waivers after contested hearings

The Fort Lauderdale Marine Advisory Board on Feb. 6 voted to recommend that the City Commission approve two separate waivers allowing existing mooring structures to remain at Hemingway Landing Condominium, after lengthy public comment and debate about property-line measurement, prior approvals and marina compliance.

The waivers: The first recommendation concerned a floating vessel platform at 1414 Southeast 12th Street, Slip 11, owned by Nicholas (Nick) DiOrio. The board recommended approval of a waiver that, as presented to the board, would allow a modified platform extending 34.73 feet from the property line — inside the 30%-of-waterway standard using the city surveyor’s confirmed waterway width of 120 feet but beyond the city’s 25-foot code threshold for floating platforms unless waived. The board voted to recommend approval by a 6–2 vote.

The second item involved a boat-lift/mooring structure at Slip 21 (Adrian and Natalia Walkley). That application sought a waiver for mechanical lift components mounted over pilings the association had previously obtained relief for; the board recommended approval by a 7–1 vote.

What the board heard: Applicant Nicholas DiOrio told the board the platform had previously been approved by a condominium board and had a Broward County environmental permit when he bought the unit; he said he shortened the platform by 20 inches after questions were raised so the platform no longer exceeded 30% of the channel width measured from property line to property line. DiOrio said recorded plats and a city surveyor’s memorandum support measuring the waterway at 120 feet property-line to property-line and that, on that basis, his modified platform fits inside the 30% limit.

Cam Rogers, attorney for the Hemingway Association, and other association representatives urged denial, saying the floating platform and a series of pilings and lifts across the marina had created a patchwork of encroachments and safety concerns. The association said it had pursued compliance actions and cited unit owners where vessels and pilings exceeded allowed distances; the association’s attorney argued the board should not approve more exceptions that set a precedent for future encroachments.

Code enforcement officer Marco Aguilera told the board his office cited the floating platform and pilings after an association complaint and that two boats in the marina had already been cited and removed. Manny Garcia, senior compliance officer, earlier described a separate enforcement action in which a receptacle for in-water sanding/grinding produced a $2,500 fine.

Legal and measurement争点: A central point of contention was how to measure the applicable canal width. Applicants and their attorney pointed to recorded Broward County plats and a city surveyor’s memo that they said fix property lines and yield a 120-foot width; opponents relied on topographic or survey measurements showing different measurements and argued the board should be cautious about approving exceptions without a full boundary survey. The board and staff noted the City Commission had previously asked for a survey to clarify measurement but that certified plats and the city surveyor’s memo were presented to the board as the basis for the applicants’ revised dimensions.

Votes and next steps: Because the Marine Advisory Board only issues a recommendation, both waivers now proceed to the Fort Lauderdale City Commission for final action. Several board members urged the commission to see the full record and the city surveyor’s memo; others urged consistent application of marina rules and said the association should continue to pursue enforcement where vessels exceed code limits.

Ending: Board members said they expect the items to return to the City Commission and that staff and applicants will provide the additional survey documentation the commission previously requested. The board also signaled it will watch for possible ripple effects in the marina if multiple owners seek similar waivers.