EDITOR’S NOTE: The Santiva Chronicle publishes opinions and letters on topics that are important to Sanibel and Captiva. They may be submitted via e-mail at news@santivachronicle.com.
To the editor of the Santiva Chronicle,
In a commentary in Sunday’s edition of the Santiva Chronicle, Tony Lapi mischaracterizes Section 3.10.4 of the Sanibel City Charter — the section that deals with actions to increase the permitted height of buildings on Sanibel. Mr Lapi asserts that section requires that actions to increase the height of buildings in terms of linear feet may be taken only if approved in a referendum. On the contrary, that section only requires a referendum for actions to increase the height of buildings above three stories.
By way of background, Section 3.10.4 of the city charter was drafted by Committee of the Islands (COTI) and approved by the voters in 2005. It requires that actions to increase the permitted height of buildings as “established” in the Sanibel Plan, as constituted on May 4, 2004, be taken by the city only by ordinance approved by the qualified city electors (the voters). Black’s Law Dictionary defines “establish” in relevant part as “to settle firmly” … “to fix unalterably.”
The only height of buildings “established” in the Sanibel Plan is set forth in Policy 1.1 of Section 3.2.5 — and that is three stories. While in background discussion there is mention of the importance of a building height limitation of approximately 45 feet above mean sea level, that language is does not establish “approximately 45 feet” as a height limit but rather non-binding guidance for future decision making — a view shared with me at the time by then Sanibel Planning Director, Bruce Rogers.
When we at COTI we’re drafting Charter Section 3.10.4, our focus was on making three stories a hard and fast height limit so that there would never be high rises on Sanibel without voter approval. On the other hand we believed that the height of buildings in terms of linear feet should be left to the judgement of the city council because conditions like changes in base flood elevation evolve over time and might require flexibility. That said, there does not appear to be a current need to increase the permissible height of buildings in terms of linear feet, even with recent increases in base flood, as long as new buildings continue to be designed with eight foot ceilings.
Larry Schopp
President, Committee of the Islands (COTI)
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