The board approved a variance application to reduce the required 20-foot rear setback to four feet, permitting the Garetts to maintain an open-walled roof structure already constructed without a permit. The structure’s proximity to the waterway, rather than neighboring properties, was highlighted as a mitigating factor. The town planner presented a analysis emphasizing that the structure, built in absence of a permit, necessitated compliance with local zoning codes. The planner clarified that while gazebos are generally permissible, they must adhere to setback requirements unless a variance is granted.

Concerns were raised regarding the structure’s compliance with safety standards, particularly its resilience to hurricanes. A representative for the Garetts assured the board that the structure was built in line with Florida’s building codes and would undergo further inspection upon obtaining the necessary after-the-fact permit. The applicant’s attorney noted the structure’s minimal impact on surrounding properties, given its waterfront position.

The board also considered community feedback, with 14 letters from neighbors expressing no objection to the structure. Ultimately, the board voted to approve the variance, contingent upon obtaining the required building permit to ensure compliance with safety standards.