BZA approves tourist‑home and related design and setback variances for Lake Lemmon property

The Monroe County Board of Zoning Appeals approved VAR‑24‑48 a, b and c — allowing a tourist home (short‑term rental) and related design and front‑setback variances — for a two‑lot property at 9001 East South Shore Drive on Lake Lemmon. The board’s combined motion to approve all three variances passed 3‑0.

Planning staff had recommended denial of the use variance (VAR‑24‑48a) on procedural grounds: the owner did not present sufficient evidence to establish a continuous pre‑existing nonconforming tourist‑home use before Jan. 1, 1997, as required by chapter 844‑5, and the owner could not show the use had not been discontinued for more than six months. Staff noted the property is a two‑unit dwelling on two platted lots and that, absent variance approval, short‑term rentals are not a permitted use in the Residential 1 zoning district unless owner‑occupied standards apply.

Monica Mitchell, the owner and petitioner, said she has owned the house since 2022 and described long local demand for short‑term lodging near the Porthole restaurant and dock. She and the petitioner’s engineer and designer, Chelsea Moss of Abram Moss Design Group, and supporting neighbors told the board the structure has been used as a vacation rental historically and that the site provides parking, separate entrances and a septic system sized for three bedrooms. Counsel and neighbors supplied letters in support. The petitioner said the prior owner had records showing rental history but the property’s ownership change in July 1997 left a narrow evidentiary gap from the Jan. 1, 1997 grandfathering cutoff.

Board members discussed the public‑realm character near the site — including pedestrian traffic to the Porthole and a city‑owned access road behind the lot — and whether short‑term rental activity would harm neighboring properties. Several members said the location and surrounding pattern of seasonal properties made tourist‑home use appropriate in this case. Because no members of the public registered opposition either in person or online, the board moved and voted to approve all three variances together: VAR‑24‑48a (tourist home use), VAR‑24‑48b (tourist home design standard exception), and VAR‑24‑48c (front yard setback) by roll call: Guy Lofman, Pamela Davidson and Margaret Clements voted yes.

Staff reminded the board that if the owner later sought different site layout or greater density the approvals would be governed by the ordinance and could require further review or enforcement; the approval does not automatically permit uses or changes beyond what was presented.