Council approves long-dock variance for 18 Avocado Street after neighbor objections

The Islamorada Village Council voted unanimously to approve a long-dock variance for property at 18 Avocado Street, concluding a quasi-judicial hearing that drew both support from the applicant and opposition from adjacent homeowners.

Staff planner Daniel summarized the application, saying the proposed pier would include a 4-foot by 145-foot access walk ending in a 160-square-foot terminal platform with a 740-square-foot total footprint and noting that the project had already received approvals from the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers. "The proposed dock meets the required criteria for granting a long dock variance," Daniel told the council.

Applicant representative Ty Harris said the variance criteria incorporate DEP and Army Corps considerations and argued the design protects benthic resources and navigation. "Before you even see this project, it already has approval from both DEP and Army Corps just to get to the village," Harris said, and asked the council to approve the application.

Neighbors including Matt and Suzanne Smazinski spoke in opposition. Matt Smazinski said the structure would change sunset views, raise navigation concerns for his 25-foot boat, and that the lot next door had been clear-cut. "We purchased this property 6 months ago... and a month later, surprise, a giant dock's gonna go in right next to us," he said, adding he had photos of the clearing.

Council members asked staff about the clear cut and any open code enforcement actions. Daniel said the lot had been cleared prior to the permit issuance, that a stop-work order was issued, mitigation and doubled fees had been imposed, and that there was no open code case tied to the property. He told the council that mitigation and required fees must be satisfied before a certificate of occupancy would be issued.

After deliberation, a council member moved to approve the variance; another seconded. The clerk called the roll and the motion passed 5-0.

Following the vote several council members and the applicant urged the village to pursue stronger enforcement tools to deter future premature clearing. Ty Harris suggested code changes to "disincentivize people jumping the gun," and councilors discussed potential higher fines or temporary permit suspensions as possible additional penalties.

The councils approval was a final action on the variance before the village; staff said there were no direct budget or staffing implications related to the decision. The applicant and staff may proceed with the approved dock in accordance with the conditions of the permits granted by state and federal agencies.