The applicant, Eric and Ali Schmidt, sought the variance due to unique circumstances surrounding the property. The parcel, located in FEMA flood zone AE, was combined from smaller parcels and includes portions of land that were originally private easements. The special conditions of the land, including changes in the development of Hicks Avenue, were not the result of the applicant’s actions.

In presenting the case, staff highlighted that the variance would not confer any special privileges to the applicants. Several properties on Hicks Avenue have similar variances or require them due to the nature of their development. For instance, a vested subdivision directly across the street has a 25-foot waterfront setback by right. Additionally, other properties on Hicks Avenue were developed under previous interpretations of the zoning code that did not require such setbacks for canals, now classified as water bodies.

The staff report concluded that granting the variance would be in harmony with the general intent and purpose of the zoning ordinance and would not be injurious to the area. The variance requested was deemed the minimum necessary for the applicants to make reasonable use of their property.