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Planning board denies variance for noncompliant finger pier at 721 NE 30th Street
Summary
The Planning and Zoning Board denied a request for two variances to allow a finger pier to remain as built at 721 NE 30th Street, finding the construction error did not meet variance criteria; the vote was 0-5 against the applicant.
The Planning and Zoning Board voted 0-5 on March 20 to deny variance requests that would have allowed a finger pier built at 721 Northeast 30th Street to remain in its current, nonconforming location and length.
Courtney Wood, the city's zoning officer, told the board the applicant had submitted permit drawings showing an approvable pier but the constructed pier did not match the approved plans and failed the zoning location inspection. Wood summarized the variance requests: an allowance for a 19.8‑foot extension into the waterway instead of the maximum 18 feet (15% of the waterway width) and a reduced west-side setback for the finger pier of 13.62 feet instead of the 19.8 feet required by code. "The application does not meet the criteria for approval of the variance request," Wood said, and staff recommended denial because the noncompliance resulted from construction error rather than a special or unique site condition.
At the Marine Advisory Board meeting the previous day, members similarly expressed concern that approving a variance would set a precedent for accepting construction mistakes; the Marine Advisory Board voted to recommend denial 4-1. Wood also said staff had requested letters of support from all dead-end canal properties and received only two supporting letters; a required supporting letter from an adjacent northeast neighbor was not submitted.
The applicant's contractor, Steven Garbutt, described the field decision that led to the pier’s location as an error and urged leniency, saying moving or shortening the pier would require removing and replacing piles at an estimated cost of about $6,000–$7,000. A neighbor who spoke in support said similar finger piers exist in nearby dead-end canals.
Board members repeatedly cited the high standard for a variance and the need for applicants to follow approved plans. Multiple board members said contractors should not make unilateral field changes without revised permit documentation; several urged the applicant to remove and reconstruct the pier to match approved plans. Mr. Salon specifically noted the variance standard that special and unique conditions "were not caused by the applicant," and concluded the application failed that test.
The roll call vote was: Chair Seville — no; Mr. Salon — no; Mr. Dornblazer — no; Miss McDermott — no; Mr. Mitchell — no. The motion to approve failed 0-5.
