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Board approves dock-width variance for accessibility at 2851 East Vina Del Mar Boulevard over neighbor objections
Summary
After contested testimony about navigation and safety, the board approved variance case 26099 to widen a dock at 2851 East Vina Del Mar Boulevard for an applicant who uses a wheelchair; the vote was 4–1 with concerns noted about precedent and neighbor impacts.
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The Board of Adjustment approved case 26099, granting an unnecessary-and-undue-hardship variance that allows an expansion of the dock head at 2851 East Vina Del Mar Boulevard. Staff reviewed the eight hardship criteria and said the application addressed some but not all factors; staff asked the applicant to provide additional detail on submerged-land depth, frequency of navigability issues and potential impacts to adjacent property owners. The application requires board approval because the applicant did not obtain both neighboring owners' signatures needed for administrative approval.
Agent Micah Thompson said the primary purpose is mobility access: "The biggest reason we're applying for this variance is that... this gentleman is in a wheelchair full time. He would like it wider so that he can pull his boat out off of his boat lift... and be able to get on his boat," Thompson said. Neighbor Russ Benson opposed the expansion, presenting video evidence and arguing the area is open water with heavy traffic; "By expanding, [you] exacerbate the situation," Benson said. Board members balanced navigability concerns against accessibility needs and legal criteria, then moved to approve the variance on the testimony presented; the roll-call vote was 4–1 with one member dissenting.
The approval is conditioned on findings of hardship applied to this specific situation; county and state review for seagrass and waterway navigability remain separate permitting steps and may impose additional requirements before construction.

