Planning Commission OKs After-the-Fact Variance for BMRH

by SC Reporter Emilie Alfino

Riverview I behind 7-Eleven on Periwinkle Way. SC photo by Shannen Hayes

An application for a seventh variance on behalf of the Below Market Rate Housing Rental Program came before the Sanibel Planning Commission on May 12, 2026. The application is for the Riverview I housing unit (15 units) at 1517 Periwinkle Way. Riverview I is commonly identified by being behind 7-Eleven.

This application is for an after-the-fact variance request, as the building is already under construction. The request is for a variance to allow a multifamily building to be constructed with more than two dwelling units vertically, for the redevelopment of multifamily housing.

Section 86-164 of the Land Development Code now reads, “Except in the resort housing district, no building shall be designed and constructed so that there are more than two units, vertically, at any point in the building,” Planning Commissioner Larry Schopp pointed out.

Planning Commission may grant variances necessary to accommodate Below Market Rate Housing developments. City staff found the proposed variance necessary and without conflict with the Sanibel Plan or other adjacent uses. Further, they found that the number of dwelling units was previously approved by ordinance, and that the structure’s height, limited to 45 feet, is not being increased with this request.

For these reasons, City Planning staff recommended approval of the requested variance from Sec. 86-164, cited above.

“The white elephant in the room is, if we don’t approve this, what happens to the building?” asked Planning Commissioner Ken Colter.

“The building is practically constructed, and we don’t have a practical choice,” said Schopp.

“They should have brought this variance request at the beginning and not waited until now,” added Commissioner Lyman Welch. “This appears to have been a staff oversight, and I’m inclined to approve this variance.”

Planning Director Paula McMichael added, “I think in this case it was a staff error. The heights are the same, the units are the same.”

The Planning Commission voted unanimously 6-0 (Vice Chair Erika Steiner recused herself, as she is president of the board of Community Housing & Resources) to grant the requested variance.

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