LETTER: Clarifying Comments on Two-Story Limit

by Larry Schopp

There was still some confusion in the article in the April 12 edition of the Santiva Chronicle article headed “Prohibition Lifted for Flat Roofs,” having to do with comments I made at the March 24th Planning Commission meeting. I would like to clarify my comments.

Section 86-164 of the Sanibel Land Development Code has two parts, one in effect prohibits buildings outside the Resort Housing District from having more than two habitable stories, while the other prohibits buildings with flat roofs. On March 24, the Planning Commission recommended repeal of the flat roofs provision because it had been superseded elsewhere in the Code and was obsolete.

The more important issue pertaining to Section 86-164 had to do with the number of habitable stories to be permitted outside the Resort Housing District. And it went beyond issuance of a variance for three stories at Riverview II, which a majority of commissioners had already approved, from which I dissented.

On March 24th, commissioners were asked to approve and recommend to the City Council an amendment to Section 86-164 to create a legislative exception from the limitation of two habitable stories outside the Resort Housing District specifically for CHR.

I opposed that exception because it would have enabled CHR to construct buildings like Riverview I and Riverview II anywhere in the commercial districts, without the need for a variance. My concern was that it would create a real risk of changing the character of the community in violation of the Sanibel Plan.

Following a full discussion, a motion to retain the two-story limitation passed by a vote of 6-0. Commission Steiner, as board president of CHR, recused herself.

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