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Planning commission OKs wavier for addition to existing building

5 min read
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CITY OF SANIBEL Design proposal for existing building now owned by Gene's Books at 2422 Periwinkle Way.
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CITY OF SANIBEL Landscaping and parking proposal for existing building now owned by Gene's Books at 2422 Periwinkle Way.

The Sanibel Planning Commission approved a waiver at its recent meeting to permit Gene’s Books to add an addition to the front of its new building – the former west location of She Sells Sea Shells.

On June 26, the board voted 6-0 to approve the application, with the nine recommended conditions outlined by city staff. Commissioner Chuck Ketteman had an excused absence from the meeting.

The waiver will allow for an approximately 40-square-foot addition to the existing nonconforming structure, at 2422 Periwinkle Way, to be within the minimum required front yard setback. The project contractor and designer, Seacoast Cottage Company, had no objections to staff’s recommendations.

It was not indicated if Gene’s Books is relocating or if the building will be a second site.

“The applicant is proposing to redevelop the subject property including the change of use, remodeling and expansion of an existing nonconforming commercial retail building,” the staff report states. “The applicant’s proposed site improvements include new driveway and parking areas, an onsite stormwater retention system, connection to the central sewer system, and new landscaping compliant with buffer standards.”

“The building improvements include the replacement of windows/doors, the addition of a second floor, and the addition of two store front window display areas – one of which will encroach within the minimum required 100-foot front yard setback,” it continues. “The applicant is seeking a waiver to allow for an approximate 40-square-foot building addition to encroach within the front yard setback.”

Roy Gibson, acting director for the Sanibel Planning Department, explained that a 2015 ordinance amended the Land Development Code and established new standards for granting specific waivers to lawfully, existing nonconforming structures and properties in the General, Town Center General and Town Center Limited Commercial districts. The aim was to enable redevelopment within the areas.

“To improve their conditions, but in no way further any nonconformance,” he said.

Gibson noted that the existing structure was built in 1978, before the city’s adoption of the current flood regulations. The property is nonconforming with flood regulations, wastewater and stormwater standards, parking and driveway standards, landscape buffer standards and setback requirements.

“It is not flood-proof, nor is it elevated to the base flood elevation,” he said.

However, it is not an issue because the proposed changes do not further its nonconformance.

“The applicant’s proposed building improvements will not constitute a substantial improvement and therefore the building will be allowed to remain nonconforming with current flood elevation and flood-proofing requirements,” the staff report states. “All existing nonconformances on the site, including landscape buffers, may remain nonconforming so long as they do not become more nonconforming.”

Gibson reported that the proposed plans call for the addition of a second floor, as well as some architectural improvements and the addition of two 4-by-10 foot bay windows at the front.

“All proposed building improvements, including the planned additions, will comply with height and floor area limits for the TCL town center limited commercial district,” the staff report states.

The current building sets back approximately 92 feet from Periwinkle and encroaches within the minimum required 15-foot setback required along the westside property line. Staff reported that the storefront addition will set back approximately 96 feet, in lieu of the minimum 100-foot setback.

“It is the front yard setback encroachment,” he said of what is at issue.

According to the staff report, the addition and other building changes are proposed no closer to Periwinkle or to any side property line than the roof of the existing structure, however.

“Staff is supporting the request for a waiver,” Gibson said.

Arthur Monahan, with Seacoast Cottage Company, spoke before the commission.

“Our intent from the get-go was not to change the footprint,” he said.

Monahan explained that the aim of the proposed design is to make the building more attractive. The front windows will consist of hurricane glass and behind them there will be shelves displaying books.

“It really makes a big impact on the aesthetics,” he said.

Monahan added that the second flood will be more like a widow’s walk than a whole floor. The walls will be covered with books displayed on shelves, with a balconied walkway for the public to use.

“So you have an Old English bookstore type of feel,” he said.

Vice Chair Dirk deWerff asked if other options were considered to maintain the 100-foot setback.

“There probably are all kinds of alternatives and options that can be done,” Gibson said. “But in terms of what the applicant is proposing – we found that the proposed plan here does meet the intent of the waiver.”

Commissioner Richard Johnson called the plans a good example of a good use of the waiver.

“I look forward to seeing the project finished,” he said.

Chair Philip Marks agreed, noting that he hoped other district properties take notice.

“I think they’re improving the aesthetics of the site,” he said. “I think this has been well thought out.”‘

Commissioner Roger Grogman echoed that.

“All the good that’s being created in terms of conformity and all the aesthetics,” he said. “This is the sort of thing that makes the decision relatively clear.”

Also at the meeting, the commission voted 6-0 to rotate between them who would attend the Sanibel City Council meetings and provide an update on the commission’s work to the council members.