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Board reverses zoning official, allows property owner to complete dock inspections on Palm Island
Summary
The Charlotte County Board of Zoning Appeals voted to overturn a zoning official's determination and allow a previously issued dock permit for a vacant Bridgeless Barrier Island lot to be completed and inspected, after the property owner documented multiple similar permits and framed the issue as an emergency egress and safety concern.
The Charlotte County Board of Zoning Appeals voted Nov. 19 to reverse a zoning official's determination and allow the close-out inspection of a dock and lift on a vacant Bridgeless Barrier Island (BBI) lot at 110 Bosia Drive.
Elizabeth Nocek, the county's senior planner, told the board the zoning code (Section 3-9-52) allows noncommercial boat docks only as accessory structures tied to a primary residence and that staff recommended upholding the zoning official's determination. Nocek said staff acknowledged an "apparent repeated pattern of errors" in dock permit reviews in 2021'2022 but that changing practices through continuing to issue contradictory permits was not the correct remedy; staff recommended pursuing a code change through the Board of County Commissioners instead.
Barbara Hine, who purchased adjacent and the subject properties this year, asked the board to reverse the determination so her permitted dock could be inspected and finished. Hine said the permit was in her closing documents and that county staff and the title company had previously identified the permit. She told the board, "It's a huge safety issue," explaining that many homeowners on the bridgeless islands rely on private docks for emergency egress when the ferry does not run.
Board members questioned whether allowing a reversal would set a precedent across the BBI district and whether future code changes could render sites legally nonconforming. Sean Cohen, the acting zoning official, said overturning the determination would apply to the property at issue but that a later county code change could make approved uses nonconforming; he noted code amendments often take six months to a year.
After discussion, a board member moved to approve APL-25-002, finding the applicant had met the criteria for the appeal. The board voted in favor and instructed staff to finalize the decision documentation so the applicant could proceed with inspections.
The reversal is limited to the subject appeal; staff reiterated that the appropriate long-term remedy for repeated permit errors is to seek a code amendment from the Board of County Commissioners. The decision may leave other properties in similar situations in a nonconforming status pending any future code changes.
The board moved on to remaining docket items after the vote.
