News

By Larry Barszewski

New members of Ocean Ridge’s Planning and Zoning Commission appear ready to give the Town Commission some advice: Make it less of a hassle for property owners to build in town.

They were appointed by a three-member Town Commission in May, following the resignation of two town commissioners in April. That three-member body chose not to return the three advisory board incumbents seeking reappointment, but instead picked new applicants — Stephen Varga, Shields Ferber and Sydney Ray — to fill the openings on the five-member advisory board.

At the June 20 P&Z meeting, the three new members formed a majority to recommend the town do away with a section of the code — adopted in 2020 and referred to as 2020-05 — that requires beachfront property owners who want to build east of the 1979 Coastal Construction Control Line to get a variance from the town first.

Varga said any such construction requires the owner to get a permit from the Florida Department of Environmental Protection anyway, and the town has other requirements that need to be followed such as setbacks and house size limitations.

“I don’t know why we need this,” Varga said. Added Ray, “I don’t think we need to re-create the wheel for our town.”

Commission Chairman Ric Carey and Vice Chairman David Hutchins voted against the recommendation, instead supporting changes proposed by Town Attorney Christy Goddeau that would create less cumbersome “administrative permits” for non-habitable structures such as swimming pools or decks, but would still require variances in other situations.

“I really don’t feel comfortable relying on FDEP to be our oversight. We’re a town and we have a purpose,” Carey said. “I’d rather see us amend as proposed 2020-05 and if it comes around that there are still problems with it, it can be amended again. But just to say let’s abolish 2020-05 I think has unintended consequences and I prefer us not to go down that path.”

Ferber was concerned that an owner seeking an administrative permit might still need to get a variance if staff or neighbors objected to the plans.

“I like having our hand in it to some degree, but I’m just concerned if the neighbors look at the building and don’t like the way it looks, you know, they can say, ‘Hey listen, we don’t like the design of the building,’” Ferber said.

Goddeau had warned that removing the section in question may allow for homes to be built on some undeveloped dunes on Old Ocean Boulevard south of Corrine Street.

“I have to go back and look, because if we are solely reliant on FDEP to approve any construction, that may allow for those undeveloped dunes to be developed,” Goddeau said.

The three new commissioners also opposed requiring any portion of open roof porches or balconies on a planned house to be counted toward the house’s total permissible livable space — called the Floor Area Ratio — saying the size of balconies or porches is already limited by a house’s footprint. If the town is concerned that portions of balconies or porches might be enclosed later and become livable space in violation of code, then the town should go after violators as that happens.

“As long as we’re built to our lot coverage percentage ratios, why are we messing with people, putting more restrictions on them? In my opinion, we’re trying to make something to limit people for what they could possibly try to do some day at some point,” Varga said. “I think we’re overstepping ourselves here.”

The board did unanimously agree to recommend that beachfront homeowners living on Old Ocean Boulevard between Corrine and Anna streets should no longer need a variance if they’re planning construction seaward of the 1979 CCCL. The homes already include portions that extend over the line.

The 2020 ordinance had created the variance procedures for that construction. Instead of being non-conforming uses, the current homes would be considered conforming uses.

Resident Al Naar, who attended the meeting, liked what he was hearing.

“This is refreshing, this meeting,” Naar said. “Having been through the process of getting a variance and everything else that’s required near the water, this is very good to hear you all come to this conclusion. I’ve been through it. I wish you were here earlier.”