What to do when a lot in the Cape is not buildable
Dear Mr. Feichthaler:
I purchased a vacant parcel in Cape Coral a few years ago, and I didn’t get a survey. The property had been taxed as a “normal” property, and had development all around it, so I assumed it was your standard, 10,000-square-foot lot. Well, I recently engaged a builder for the parcel, and after the survey it was done, it was discovered the lot was 1 foot short! 124 feet deep, which results in being 9,920 square feet. To build a home, the minimum lot area is 10,000 square feet. The city would not allow the permit to be pulled as a result. What can I do?
– Darren D.
Dear Darren:
There are tens of thousands of lots in Cape Coral, most of which are 80 x 125 feet. It is easy to become complacent in assuming that, since it is pre-platted, the lot will be buildable. Although technology was sufficient to survey properly in the 1960s, due to the sheer number of properties, mistakes were made. So, there are other properties in Cape Coral just like yours that do not meet the minimum lot area.
Usually, when a property is not buildable, the owner will need to go to through a variance process that can be expensive, and not be guaranteed with success. However, the city of Cape Coral council and staff have recognized that owners of lots like yours should be able to build on the property without the normal expense of a full variance application. As a result, the council adopted an ordinance that allows for an “administrative variance” to allow for building. An owner can complete a one page application, pay a small fee and the city will usually approve the variance after a relatively short amount of time. Once the variance is approved, it will “run with the land” – meaning that it will apply for any future owner of the property as well.
Whenever purchasing property in Cape Coral, always check that the zoning, land use and size of the parcel will allow what you wish to construct on the property.
Eric P. Feichthaler has lived in Cape Coral for 28 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 14 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.