Hearing examiner grants two boat‑canopy deviations, recommends two rezonings and two street vacations in Cape Coral

The hearing examiner for the City of Cape Coral on Aug. 12 granted two deviations to the city's marine improvement standards for residential boat canopy length and recommended approval of two rezoning requests and two right‑of‑way vacations, city staff and applicants told the hearing.

The examiner granted the canopy length deviations for two separate properties, both seeking an increase from the 40‑foot limit in the Land Development Code to a 47‑foot canopy to cover boats about 43'to 44 feet long. City planning staff had recommended approval with conditions in both cases; the examiner said, "I will grant the deviations requested," and said she would issue orders as quickly as possible.

Why it matters: the deviations allow homeowners to install larger canopy structures to protect larger boats moored at private docks. Staff analysis focused on whether the proposed canopies would remain within existing docks, avoid navigation hazards and meet setback requirements. Conditions include limiting canopy length to 47 feet, restricting horizontal overhang to no more than 30 inches, and requiring the petitioner to pay recording fees to the Lee County Clerk of Court.

Boat‑canopy cases Sherry Gaston of Waterway Canopies represented both applicants. For the property at 1712 Southeast 40th Terrace (applicant Kevin Offerman), Gaston told the examiner the requested 47 by 19 foot canopy was chosen to protect a 2026 model boat about 48 feet with motors; planning staff confirmed the request was a 7‑foot length deviation and that a separate administrative deviation for width had been applied for.

Planning staff (Candace Ford/Candace Ward and Justin Heller, planners) told the examiner that the proposed 47‑foot length would stay within the existing dock footprint, provide at least 20 feet, 7 inches from the east property line and about 12 feet, 6 inches from the west property line, and would not create a navigational hazard on the Orpheus Canal and Minstrel Canal leading to the Caloosahatchee River. Staff recommended approval with four conditions: (1) canopy length not to exceed 47 feet; (2) no more than 30 inches of horizontal overhang past any dock or seawall; (3) petitioner pays recording fees; and (4) the city records the deviation after fees are paid.

For the second property at 120 El Dorado Parkway West (applicant file name Jay Carlson), Gaston said the boat to be covered measures about 44.1 feet including motors and again asked for a 7‑foot length deviation to allow a 47‑foot canopy. Senior planner Justin Heller testified the canopy would be contained over the dock, not extend past required setbacks, and that staff found no impact to navigability or neighboring views. Staff recommended approval with conditions similar to the first case.

Rezoning recommendations The hearing examiner recommended that two privately initiated rezoning requests go forward to City Council with the staff reports incorporated into the record.

- 2307 Bellado Parkway (RZN25-000002): Applicant J and J Michael Investment, LLC sought rezoning from Multifamily Low (RML) to Professional (P) for an existing medical office used since 2017. Annette Barbacha, president of AMB Planning Consultants, said the property (about 1.99 acres per staff) houses a medical practice with four doctors and a dozen medical assistants and that the use serves neighborhood needs. Planning staff (Wyatt Daltrey/Daughtry) addressed a question from the examiner about potential spot zoning and said the recent City Council approval of a future land‑use amendment (Ordinance 23‑25) supports the professional zoning; the examiner said she would recommend the rezoning "go forward as requested." Staff noted no correspondence in opposition.

- Pine Island Road annexation/rezoning (RZN25-000005): Floor & Decor requested rezoning of two annexed parcels totaling almost 8 acres at 2800 Pine Island Road and 1481 Barrett Road from county designations to the city's Commercial Corridor (to implement the Pine Island Road District). Natalia Domovisova of Floor & Decor described a roughly 60,000‑square‑foot single‑story retail and warehouse building with a customer pickup area and an expected staff of about 40'to 45 employees; Floor & Decor said it hopes to begin construction and open in about a year. Senior planner Anthony Santora said the rezoning is intended to run concurrently with a future land‑use amendment; staff recommended approval but included one condition: the zoning shall not take full effect until the future land‑use amendment to the Pine Island Road District is approved and effective. The examiner said the request would be recommended to council, with the files going forward in September.

Why it matters: the Pine Island Road rezoning responds to a long‑standing city objective to increase commercial acreage along key corridors to serve nearby neighborhoods and broaden the tax base; staff analysis noted potential future traffic impacts would be addressed in site development and any required mitigation (signals/road improvements) would be handled then.

Right‑of‑way vacations Two adjacent vacation requests for hammerhead areas of Southeast 18th Place were presented and recommended for approval with conditions by staff and the examiner. Staff emphasized that the vacated parcels are not needed for future transportation, that utility providers issued letters of no objection (with standard relocation/repair conditions), and that the city will retain a minimum six‑foot public utility and drainage easement around the resulting parcels.

- VAC24-000015 (3303 & 3318 SE 18th Place): Applicants (Burgundy and Gold Properties LLC and Jason and Tricia Bartella) requested to vacate roughly 3,027.1 square feet of right‑of‑way and additional small platted easements. Applicant counsel Scott J. Hurst said the change would square up lots for future single‑family development and noted agreement with staff conditions. Staff and the applicant agreed the owners would remove pavement, extend or relocate the storm‑water inlet and pipe to the new edge of right‑of‑way, and complete required improvements within 180 days unless extended by Public Works.

- VAC25-000004 (3311 & 3315 SE 18th Place): Owner John Stifter proposed vacating about 2,000 square feet of right‑of‑way and 504.1 square feet of platted easements to enlarge the northern lot to accommodate a garage addition. Stifter told the examiner, "we agree with all seven conditions of approval." Staff recommended approval with conditions that include removal of pavement, relocation of storm‑water infrastructure at the owner's expense, retention of a six‑foot perimeter utility easement, recording fees payable to the Lee County Clerk of Court and a 180‑day completion window for the improvements (subject to possible extension by Public Works).

Discussion vs. decision; next steps Most items drew little public comment; staff and applicants provided the substantive testimony. The hearing examiner issued approvals for the two canopy deviations on the record and issued recommendations for the rezonings and vacations to proceed to council or further administrative processing; in each case staff reports and recommended conditions were incorporated into the record. Final rezoning decisions will be made by City Council; vacations require recording and completion of conditions before the vacation becomes fully effective.

Quotations in this report are taken from the hearing record. The hearing examiner closed the session at 10:48 a.m. and set the next hearing for Sept. 16, 2025, at 9 a.m.

Ending The actions advance a mix of property‑level adjustments (canopy deviations and lot enlargements via vacation) and larger land‑use changes (the Pine Island Road rezoning and a rezoning to make an existing medical office conforming). City Council will receive the hearing examiner's recommendations and staff reports on the rezoning and future‑land‑use items at upcoming meetings; the canopy deviations and recommended vacations carry conditions that owners must satisfy and record with the county clerk.