by SC Publisher Shannen Hayes
Building height and angle of light rules for island homeowners were discussed at a special meeting Thursday, Oct. 20, of the Sanibel Planning Commission. These two regulations have a big impact on how residents are able to build anew what they lost to Hurricane Ian and some questions about them have been raised by citizens and the City Council.
Planning Director Paula McMichael said Thursday evening most of the council’s questions centered on inconsistent height regulations – different measurements based on different land uses – and the “compression” of buildings based on required base flood elevations from the Florida Building Code.
She said several residents have raised concerns over the secondary height limitation known as angle of light, which was enacted in the 1990s to control the size, bulk and mass of structures, especially on smaller lots. But now residents are finding it difficult to build an elevated, more resilient home under the limitation.
McMichael presented an option which would not increase building height or change the limit of three stories above base flood elevation, but would help alleviate the height and angle of light issues. She said since the 45-foot building height would not be raised, a referendum would not be required for approval.
City staff is proposing to remove the height limitation of 35 feet above predevelopment grade (PDG), but maintain the maximum height of 45 feet NAVD, a standardized measurement above mean sea level, for residential and institutional/civic projects.
Under the proposal, the primary angle of light measurement would change from 20 feet above PDG to 30 feet NAVD to maintain the 15-foot difference between the maximum height and height at setbacks. The secondary angle of light measurement would also change from 25 feet above PDG to 35 feet NAVD.
That would give homeowners some additional height without exceeding 45 feet above mean sea level– a number mentioned in the Sanibel Plan (Section 3.2.5 Background Discussion) and used by city staff as the maximum building height.
Larry Schopp, a longtime island resident and a drafter of that charter amendment, explained the reference to 45 feet in the background discussion was not intended to be “mandatory language,” but simply a suggestion for future councilors to consider.
“Our only intention in drafting that charter amendment was to memorialize a building height limit of three stories, nothing more,” said Schopp.
He said he believes “the director is mistaken in asserting a referendum is required if building heights exceed 45 feet,” and explained that a change to the three stories height limit would be the only trigger to a referendum.
Schopp also said, “We need to build back and redevelop with more resilience, and if that requires adding some additional feet to buildings, it just something we’ll have to do, as much as we may not like it.”
Commission Vice Chair Eric Pfeifer said at the top of the meeting he was in favor of these proposed changes because of the inconsistencies in the Sanibel Plan, where measurements were in PDG or NAVD. “We are not increasing height over 45 feet, so I am definitely in favor of this,” he said.
Sanibel Captiva Conservation Foundation Environmental Policy Director Matt DePaolis and Coastal Resilience Manager Dr. Carrie Schuman said the organization was in favor of the proposed changes.
“I think reaching something like this where we can come to a solution where people are able to rebuild in a robust manner that is more resilient without effecting the values and the nature of this island is really great,” said DePaolis.
Commission Chair Roger Grogman said the city is trying to get this right so island homes can be more resilient to future storms.
The Thursday evening meeting was for public discussion only. The proposed changes will be on the commission’s agenda Tuesday, Oct. 24, when the discussion will continue and commissioners can take action. Any proposed changes will then go before city council in November.
I believe that our planning director Paula Mc Michael’s interpretation of the chapter amendment as written absolutely requires a referendum of the electorate if building heights exceed 45’.
Her solution to the dilemma created by the charter amendment height restriction is excellent.
Thank you Paula.
Thanks for the opportunity to comment. We love Sanibel, have been coming to the island for nearly fifty years, and are now finally in a position to build the home we’ve always wanted here — our design is nearly complete. Changing this height restriction would be super helpful, as our property is currently trapped between an 18′ wave height limit and the 35′ building height limit. It will also allow us to put solar energy on the home we plan to build. Thank you so much for considering this; we would be grateful if the council could approve it soon (not just for the resort district)! We look forward to being your permanent neighbors!