by SC Reporter Emilie Alfino
Planning Commission, at its September 8, 2026, meeting, considered the application on behalf of Michael and Esther Thaler, owners of 1528 San Carlos Bay Drive.
Last year, the applicant requested approval of seven variances. The Planning Commission considered that application on April 22, 2025. At the conclusion of the hearing, the Commission did not make a decision (the application did not meet many of the seven variance requirements), and the request was continued to an uncertain date. The applicant has since submitted a new application requesting fewer variances.
Since that hearing, the owners redesigned the proposed home in order to comply with “build back” standards. However, in staff’s review, the home did not meet three “build back” conditions.
As the new home cannot be approved under build back, the current application requests four variances. None of the requested variances result from the additional square footage or the relocation of square footage from one corner of the building to the other.
The redesigned structure meets all seven Sanibel Code requirements for these variances. It was agreed that developing the lot is not feasible without variance approval, and that the requested variances are the minimum necessary to re-establish a single-family home on the lot within the pre-disaster footprint.
The lot size, configuration, and portion within the Bay Beach zone are special conditions of the subject property not generally applicable to other lands in Sanibel and not the result of any action by the applicant. Literal enforcement of the regulations would result in an undue and unnecessary hardship. The proposed design generally maintains the pre-disaster building’s relationship to the existing neighborhood and represents a reasonable proposal to alleviate the hardship and allow redevelopment of the site. Staff recommended approval with five conditions.
All other neighborhood houses received setback variances because of the unusual shape of the lots.
Planning Director Paula McMichael said, “I do support these variances. We have no concerns with compliance.”
The next-door neighbor to the subject property stood up during the public comment portion of the meeting to say that the new house, built with the setbacks, would obscure 30 percent of her view. McMichael noted that the portion of the house she is referring to does not even need a variance, as it already complies with the Sanibel Code.
Commissioner Lyman Welch said it seems reasonable to allow variances to rebuild a similar house to the one lost to Hurricane Ian.
“It’s a nice design, and it fits in with the neighborhood as well,” said Commission Chair Paul Nichols.
Vice Chair Erika Steiner agreed, “That was a really good redesign.”
“I found it extraordinary that they could insert such a lovely house on such a small, oddly shaped lot,” Commissioner Larry Schopp said.
The Commission voted unanimously to approve the variances.
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