Planning board denies variance for noncompliant finger pier at 721 NE 34th Street

The Planning & Zoning Board on March 20 denied a variance request for a finger pier at 721 Northeast 34th Street after concluding the structure was built inconsistent with approved permit drawings and that the application did not meet variance criteria.

Courtney Wood, zoning officer, told the board the as‑built survey revealed a noncompliant finger pier (19.8 feet extension versus an allowed 18 feet and a side setback of 13.16 feet versus the required 19.8 feet). Wood said staff found the pier could have been constructed per approved drawings and that failure of a contractor to follow plans "is not a valid justification for approval of variance requests." The Marine Advisory Board reviewed the case and recommended denial 4–1, in part because an Exhibit B drawing did not accurately depict the pier's built location.

Contractor Steven Garbutt acknowledged there was an in‑field mistake and asked for leniency, arguing corner‑lot conditions make standard templates impractical; a neighbor and other commenters supported the petitioners in part. Board members pressed on navigability concerns and the possibility that granting a variance would interfere with neighboring boat lifts and mooring access.

Several board members stated a preference that the pier be reconstructed to match approved plans rather than granted a variance for a construction error; one member summarized the pragmatic remedy as "tear it out and redo it." The motion to approve the variance failed on roll call; the board voted 0–5 to deny the request. Staff recommended denial remains in effect.