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Council approves 9-foot height exception for Rocky Point home amid dissent
Summary
The council granted a 9-foot height exception above Malabar's 35-foot limit for a single-family home at 3045 Rocky Point Road on a 4-1 vote; Council Member Mary Hofmeister voted no, citing concerns about a third-party inspector's findings and the contractor's past work.
The Malabar Town Council approved a 9-foot height exception for Building Permit 2907 at 3045 Rocky Point Road, allowing structural elements above the 35-foot maximum that the town's Land Development Code otherwise prohibits for habitable space.
Attorney Clifford R. Repperger Jr. (WhiteBird, PLLC) presented the application on behalf of the property owners and said the Planning & Zoning Board unanimously recommended approval. Repperger stated the area above the 35-foot mark will be non-habitable space.
Council Member Mary Hofmeister opposed the exception and voiced concerns about a third-party inspector who reported other issues and about the contractor's prior local work. Hofmeister said she found those factors significant enough to vote no. Council Member Wayne Abare noted he had spoken with area residents and said those he spoke to were not opposed to the exception; the motion passed 4-1 (Hofmeister Nay).
No change to town code was made; the decision grants a site-specific exception for an individual building permit. The town did not record any follow-up conditions or enforcement steps in the meeting minutes beyond standard permit approvals.
