by SC Reporter Emilie Alfino
The Sanibel City Council unanimously denied an appeal by the White Caps South Condominium Association of the city’s rejection of its proposed buildback project.
White Caps South Condominium Association owns property located at 2907 West Gulf Drive. There were nine individually owned condominium units at the property before Hurricane Ian; all were subsequently damaged and demolished.
The respective owners, through the association, seek to reconstruct those units (four duplexes and one single-family unit) under the city’s buildback provisions.
Nothing remains of the former structures, so the proposed development will be new construction. Appellant’s covenants and restrictions allow seven-day rentals, and such short-term rentals were typical for pre-Ian units and are expected with the proposed new units.
Certain handicapped accessibility requirements were included in the building permits, as well as specific fire sprinkler requirements.
In October 2025, the association submitted proposed revisions to the permits, seeking to eliminate the accessibility requirements and the fire sprinkler requirements.
Craig Mole’, Sanibel’s Chief Building Official, rejected those proposed revisions, while the Fire Marshall (through the Chief Building Official) rejected the proposal to eliminate the fire sprinkler requirements.
According to a letter from City Attorney John Agnew, the appellant focused solely on compliance with the federal Americans with Disabilities Act (ADA); however, Florida has its own accessibility requirements detailed in the Florida Building Code, which meet or exceed the ADA’s requirements.
“Specifically, Building Official Craig Mole’ rendered his determination that Whitecaps is required to adhere to vertical accessibility requirements for its new units,” Agnew’s letter stated.
“Whitecaps is within the City’s Resort Housing District, which allows seven-day rentals, and prior to Hurricane Ian, the units were routinely rented for durations of less than 30 days,” Agnew continued.
“It is the city’s understanding that the intended use of the redeveloped units is the same as it was pre-Ian,” his letter stated.
As such, Agnew continued, the individual units within White Caps are “resort condominiums,” a category of “places of public accommodation” as defined by the Florida Building Code Accessibility Code, which are required to be accessible to individuals with disabilities.
Among those accessibility requirements is having “accessible means of egress” from the units, as defined by the Florida Building Code Accessibility Code. For an elevated building, this includes vertical access.
FBC Accessibility Code shall comply with various pertinent provisions, including vertical accessibility to a place of public accommodation, as well as required components of accessibility routes for a place of public accommodation (and others subject to the FBC Accessibility Code).
Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope not steeper than 1:20, doorways, ramps, curb ramps excluding flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the applicable requirements of the FBC Accessibility Code.
The Florida Building Code, which supersedes the Federal ADA rules, requires the accommodations set forth by the city’s representatives.
“This is a tough one, it really is,” said Vice Mayor Holly Smith.
Several Council members expressed sympathy for the Whitecaps owners, saying the codes seem unfair and outdated and are causing them hardship.
“You came to us looking for relief, and I’m sorry we were not able to give it to you,” said Council member Richard Johnson, referring to the fact that the Council has to adhere to the law as it is and not as it possibly should be. “But there is a path forward. It’s not that we’re not compassionate to your situation.”
“I’m really sorry you’re going through this and feel bad for you,” added Council Member Laura DeBruce.
White Caps has the right to appeal the decision.