Hearing examiner to recommend 50-foot boat canopy deviation for Chantry Canal property

The hearing examiner took under advisement a request to allow a 50-foot boat canopy at 2106 Southeast 15th Terrace on Chantry Canal after hearing testimony from the applicant and city planning staff.

Sherry Gaston of Waterway Canopies, representing property owner Julio Perez, told the hearing the proposed radius veranda-style canopy was needed to protect a roughly 50-foot boat and that the canopy would be centered on the dock. "He's asking for a 50 foot canopy," Gaston said, and described why the canopy’s setbacks would maintain a centered orientation.

Justin Heller, senior planner with the Cape Coral Planning Division, testified that public notice requirements were met and that staff analyzed the request under the land development code standards for deviations. Heller recommended approval with conditions, saying staff found the canopy would not encroach into required setbacks, would be within the allowed projection for the site and would not impede navigability. "I would agree, you probably wouldn't notice any difference between a 40 foot and a 50 foot canopy on that property given the orientation and the greater setbacks," Heller said.

Staff’s recommended conditions include limiting the canopy length to 50 feet consistent with the submitted site plan, recording the deviation with the Lee County Clerk of Court, and requiring the owner to reimburse the city for recording fees. The clerk reported two anonymous letters of objection; no members of the public spoke in person during the item’s public-comment period.

The hearing examiner closed testimony, said she would take the record under advisement and review the video, and indicated she would issue a decision as soon as practicable.