Planning commission gives nod to permit applications
At its recent meeting, the Sanibel Planning Commission approved permits related to three separate projects involving an erosion control structure, a carry-out food store and a telecommunications device.
On May 25, the commission was presented with an application for a conditional use permit to allow for the installation of an erosion control structure in the Bay Beach Ecological Zone at a single-family residence at 1248 Buttonwood Lane. Submitted by Ian Fisher of Hans Wilson and Associates, on behalf of property owners Robert J. and Elizabeth S. Warren, it also included a request for a development permit to implement the removal of an existing riprap and installation of the erosion control structure.
According to a report by city staff, the property was redeveloped in 1996 with a single-family dwelling, attached accessory garage and at-grade swimming pool. Post Hurricane Charley, in August 2004, riprap was unlawfully installed along the bay beach embankment without obtaining the required city and state permits. The riprap structure did not comply with the type of materials and design standards set forth in the Land Development Code.
A conditional use permit and development permit were approved by the planning commission in 2007 to remove the riprap and install an erosion control structure designed to meet the LDC standards. However, both expired before the replacement of the riprap with a compliant erosion control structure.
Staff continued that the current applications under consideration propose to remove the unlawfully placed riprap structure and replace it with an erosion control structure designed to meet the general conditional use requirements and specific conditional use standards for an erosion control structure.
Staff recommended 17 conditions if the commission decided to approve the permits.
During a lengthy discussion, multiple commissioners voiced concern about the unlawful riprap representing a 14-year ongoing violation, citing the issuance of the two permits in 2007 with nothing done. They questioned how they could be assured the problem would be taken care of this time.
Attorney Jason Maughan addressed the commission on behalf of his clients, filling in some of the background on why the issue went unfixed and offered his personal guarantee that it would get done.
“This is being done and being finished for good,” he said of if the commissioners approved the new permits. “So the family doesn’t need to worry about it and the city doesn’t need to worry about it.”
“And we’re using the best science available to take care of it,” Maughan added.
Following some additional discussions — and a motion to continue the request until the site was brought into compliance dying due to it not receiving a second — a motion was made to approve both permit applications with staff’s 17 recommended conditions. It passed unanimously in a 7-0 vote.
Also at the meeting, the commission was presented with an application for a conditional use permit to allow for the operation of a carry-out food store in the General Commercial District in the Periwinkle Place Shopping Center, at 2075 Periwinkle Way. It would be an ice cream store owned by Pinocchio’s Original Italian Ice Cream owner Donna Puma. The application was submitted by Steve Hartsell of the Pavese Law Firm, on behalf of Dahlmann Periwinkle Place.
Staff recommended 10 conditions if the commission decided to approve the permit.
The commissioners voted 7-0 to approve the permit with all 10 conditions.
Also during the meeting, the commission was presented with a request for a development permit to allow for the replacement of a 151-foot, guyed telecommunications device at 3445 Sanibel-Captiva Road with a 149-foot, monopole telecommunications device. The application was submitted by Adam Morris of Vertical Bridge, on behalf of Embarq Florida doing business as Centurylink.
Staff recommended eight conditions if the commission decided to approve the permit.
The commissioners voted 7-0 to approve the permit with all eight conditions.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email