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Planning commission approves variance for 499 Leatherfern Place, strikes shell-path removal condition
Summary
The Sanibel Planning Commission approved a variance allowing a 900 sq ft pool at 499 Leatherfern Place, amending staff's recommended conditions to remove a requirement to dig out unpermitted shell pathways after debate over mobility needs and prior staff errors.
The Sanibel Planning Commission on July 28 approved application PL20260018 and Resolution 26-18 to allow a swimming pool and pool deck at 499 Leatherfern Place, finding that prior staff omissions and site conditions met variance standards. Planning staff recommended conditions including a reduced-size pool, a revised stormwater plan and removal of unpermitted shell pathways; commissioners voted to amend the resolution to delete the sentence requiring removal of the existing shell paths and to have staff recalculate impermeable/developed coverage figures before the chair executes the resolution.
Senior Planner Kim Ruiz told the commission the proposed plan showed about 3,294 square feet of impervious cover (21%) and approximately 4,205 square feet of developed area (26%), exceeding the Interior Wetland Conservation District limit of 20%. Ruiz said the planning department had "found that the special circumstances are not a result of the property owner and that all reasonable steps have been made to mitigate the proposed impacts." Planning Director Paula McMichael noted the home's 2003 building permit did not identify the Interior Wetlands Conservation District overlay: "When the house itself was constructed in 2003, their building permit ... did not identify that the property was in the Interior Wetlands Conservation District even though that district has been in place since 1984."
Applicants and commissioners debated a staff condition that would require removal and replanting of existing shell pathways with native groundcover. The applicants and family members said the shell paths support mobility on the large corner lot and removing them would be disruptive and costly — applicants estimated removal could cost about $10,000 — and noted the property is extensively planted with native vegetation. The commission's final motion approved the variance with staff's three conditions subject to staff recalculation of coverage numbers and struck the sentence in condition 2 that would have required removal of the existing shell paths. The clerk called the roll and the motion passed unanimously.
