by SC Reporter Emilie Alfino
Correcting an error the City of Sanibel’s Planning Department made in 2003, the Planning Commission unanimously granted a variance to allow a pool and shell path at 499 Leather Fern Place in Sanibel Highlands.
Deborah and Corey Bouchard purchased the property based on information provided by planning staff indicating there was available impermeable cover and developed area on the parcel for installing a small pool and deck area. Many homes within Sanibel Highlands have pools.
The original home was incorrectly approved without reference to the Interior Wetlands Conservation District standards, and the applicant received inaccurate information from city staff about available impermeable coverage and developed area before purchasing the property.
The property is actually in the Interior Wetlands Conservation District, which has different requirements than originally applied, making the Bouchards unable to have a pool and walkway and creating an unnecessary hardship not of their own making.
Having a pool is important for the Bouchards, as their daughter is disabled and requires aquatic therapy.
In addition, the city would require removal of existing unpermitted shell pathways, to be replaced with native vegetation. The Bouchards wanted to keep the shell pathways, as their daughter requires a wheelchair, making the pathways necessary for her to get around the property. A wheelchair cannot travel over native vegetation.
Planning Commissioners saw that approval of the pool was the right thing to do. They took a little longer to discuss the shell pathway. It’s very deep, and it would cost $10,000 to remove it, in addition to consideration of their daughter’s needs.
The Commission went against the city’s requirement to remove the shell pathways, approved a variance for the pool, and allowed the pathways to remain.
Commissioners stressed, and City Attorney John Agnew confirmed, that this ruling will not set a precedent. Any ruling from a quasi-judicial hearing such as this one never sets a precedent.