The board’s approval followed a detailed evaluation of the variance criteria, which included considerations such as the unique design of the overwater development and its potential community benefits. The applicant, North Properties LLC, seeks to maintain and enhance an existing structure, having purchased the property with the development already in place. The variance permits the maximum use of the submerged lands as per the lease agreement, aligning with the county’s land development codes.

Concerns about potential pollution were addressed, with assurances that the development would not harm the environment, given the approval from the Department of Environmental Protection. Conditions attached to the variance include the termination of the variance if the restaurant is demolished and restrictions on new freestanding structures, which must adhere to the original 35-foot setback. Additionally, any future extensions beyond 250 square feet will require further review to ensure compliance with all land development regulations.