Commission approves curb-cut variance for Key Largo Live Local Act project with conditional flexibility

Thomas Francis Seberg, Planning and Development Review Manager, presented a variance request for two parcels at 95325 and 95351 Overseas Highway (file number 2020-10). The request would reduce the required 400-foot spacing between curb cuts on US-1 to allow a proposed access drive located about 221 feet from an existing Dove Road curb cut — a variance of 179 feet. The parcels are tied to a pending Live Local Act workforce/affordable housing project and staff said the variance was the last outstanding item before administrative review under the Live Local Act.

Trent Claibaugh, Florida market president for Gorman & Company and the project's agent, told commissioners the developer changed the concept from townhomes to a more conservative apartment plan because rising interest rates increased financing risk. Claibaugh asked the commission for approval with flexibility so the developer could adjust some site-plan details (other than the curb-cut location and spacing) prior to final permitting. "We're more than ready to definitively commit to the final location of the curb cut, but we'd really appreciate any flexibility the planning commission could give us to pivot back to our more preferred option after this is approved," Claibaugh said.

Staff offered a revised condition that would grant the variance for the access drive location as depicted on the submitted site plan sheet A S 101 (signed and sealed 07/16/2026) but explicitly stated the variance "only establishes the location of the access drive along US-1 Overseas Highway and does not establish locations of uses or other site work on the property." The condition preserved building-permit and environmental reviews for later review.

Commissioners discussed safety and whether future minor site-plan modifications should return to the commission; staff and the applicant agreed the condition would allow the necessary flexibility while preserving review of other development details at permitting. A motion to approve the variance with the revised condition carried without recorded opposition.

What's next: With the variance adopted, the applicant may finalize permits and proceed with administrative review under the Live Local Act; staff noted that the Florida Keys area of critical state concern will no longer be subject to the Live Local Act as of July 1 moving forward, so this is among the last Live Local Act projects to come before the commission.