by SC Reporter Emilie Alfino
The Sanibel City Council discussed a proposed ordinance regarding electrical and mechanical equipment, but was unable to advance it to the next step (first reading).
The disagreement centered around this provision:
“… properties developed prior to the effective date of this section may be eligible for an administrative deviation from the applicable limitations of impermeable coverage, vegetation removal, and developed area, up to a maximum of 30 square feet, in order to add permanently installed generators, or to add solar energy system components and HVAC equipment.”
Council member Holly Smith strongly expressed that this should not only apply to existing structures but to all structures, including commercial ones. She noted that LCEC is requiring higher equipment, along with platforms and stairs.
“This is a hardship that is not self-imposed in any way. It is an unfair hardship for people who are looking to develop,” Smith stressed. She also wanted to change “30 square feet” to “the minimum amount necessary.”
In addition, the following provisions applied to the discussion:
“Properties developed prior to the effective date of this section may be eligible for an administrative deviation from required setbacks for the addition of an elevated platform and stairs as required by the Florida Building Code.
“The applicant must be able to identify the specific hardship or practical reason for not being able to meet the regulation as a result of the particular shape, size, location, or topography of a lot or parcel, or of a structure thereon, which would cause practical difficulties that would deprive the owner of reasonable use and enjoyment of such lot or parcel in the same manner as other properties similarly situated.
“The applicant must be able to identify any special conditions related to unusual constraints peculiar to the specific lot or parcel or relate to special conditions of the structure involved that are not generally applicable to other lands or structures similarly situated.”
City Attorney John Agnew stated that if the Council’s proposed changes were implemented, the legislation would need to be reconsidered by the Planning Commission.
Additionally, applying the proposed provisions to new properties, he said, would result in increased impermeable coverage and would necessitate a referendum.
Several council members and commissioners considered ways to implement the change without requiring a referendum, but Agnew reiterated that increasing impermeable coverage would necessitate a referendum.
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