Zoning Density Restrictions - North Fort Myers

CT · Member since 2018 · 49 posts · 27 votes

Hello BP! I am trying to convert the 4th unit of my quadplex into 2 smaller units making my building into a 5 unit. Zoning told me since I am in a "suburban" classification the density only allows 6 units/acre and since I am only on a little over 1/3 of an acre it would not allow for a 5th unit.

Is there any way around this?

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Jay HinrichsBusiness Member

Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

Originally posted by @Pasquale Zingarella:

@Dan Weber @Jordan Williamson Thanks for your help! I spoke with planning and they said it's a no-go.

Our comprehensive plan determines the density in our county. That density is 6 units per acre. My property sits on 1/3 acre lot. Since the property existed before the comprehensive plan kicked in 80's its technically non-conforming and I cannot expand on a non-conforming use.

When I asked about a variance I was told variances will apply towards dimensional and not towards use. The state of Florida prohibits variances on uses.

He said the ONLY thing that MAY work is if I go through a comprehensive plan amendment which is still unlikely since they dont like to make "small dot changes." -> I am still going to try this department to see what happens.

Let me know if this sounds in line or if you have any other suggestions.

A comp plan amendment to add one unit would be pretty unheard of.. and I suspect would never be allowed.. comp plans are like master plans.. not just one parcel gets to go around the comp plan.. that's what we deal with at least on the west coast we would never attempt it or spend the money trying to do that. We would just go buy a different property.

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Dan WeberBusiness Member
Realtor · Portland, ME · Member since 2015 · 655 posts · 552 votes
7y
@Pasquale Zingarella Ask the Planning Department if they have a Special Permit process or Variance process that you can go through to try and add the 5th unit. This would require hiring an attorney, most likely an Architect, and could take anywhere from 2-6 months depending on the jurisdiction. It would involve meetings with the Planning Board and Zoning Board of Appeals.

One other thing to note is that if the building does not already have a sprinkler system, increasing to 5 units would most certainly warrant the addition of a sprinkler system (AT LEAST in the new unit, possibly in the entire building depending on the Building Code for your state). I would be prepared to incur that expense if you pursue this.
Good luck!!
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Jordan Williamson
Rental Property Investor · Cape Coral, FL · Member since 2012 · 427 posts · 186 votes
7y
Good luck with this brother, let me/us know how this goes!
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Pasquale Zingarella
OP
CT · Member since 2018 · 49 posts · 27 votes
7y
@Dan Weber @Jordan Williamson Thanks for your help! I spoke with planning and they said it's a no-go.
Our comprehensive plan determines the density in our county. That density is 6 units per acre. My property sits on 1/3 acre lot. Since the property existed before the comprehensive plan kicked in 80's its technically non-conforming and I cannot expand on a non-conforming use.

When I asked about a variance I was told variances will apply towards dimensional and not towards use. The state of Florida prohibits variances on uses.
He said the ONLY thing that MAY work is if I go through a comprehensive plan amendment which is still unlikely since they dont like to make "small dot changes." -> I am still going to try this department to see what happens.
Let me know if this sounds in line or if you have any other suggestions.
0 Reply
Tim King
ft myers fl/ raleigh, NC · Member since 2019 · 15 posts · 3 votes
7y
Just keep your head up and pushing, they can say, NO... But atleast you tried, who knows maybe you learn something for next project, and getting to know people whom make those calls...... always a positive is there, sometimes its just not what we where looking
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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
Originally posted by @Pasquale Zingarella:
@Dan Weber @Jordan Williamson Thanks for your help! I spoke with planning and they said it's a no-go.
Our comprehensive plan determines the density in our county. That density is 6 units per acre. My property sits on 1/3 acre lot. Since the property existed before the comprehensive plan kicked in 80's its technically non-conforming and I cannot expand on a non-conforming use.

When I asked about a variance I was told variances will apply towards dimensional and not towards use. The state of Florida prohibits variances on uses.
He said the ONLY thing that MAY work is if I go through a comprehensive plan amendment which is still unlikely since they dont like to make "small dot changes." -> I am still going to try this department to see what happens.
Let me know if this sounds in line or if you have any other suggestions.
A comp plan amendment to add one unit would be pretty unheard of.. and I suspect would never be allowed.. comp plans are like master plans.. not just one parcel gets to go around the comp plan.. that's what we deal with at least on the west coast we would never attempt it or spend the money trying to do that. We would just go buy a different property.

Podcast Guest on Show #222
JLH Capital Partners51 Review
Website View Page
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Jordan Williamson
Rental Property Investor · Cape Coral, FL · Member since 2012 · 427 posts · 186 votes
6y
@Pasquale Zingarella any luck/updates on this?
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Pasquale Zingarella
OP
CT · Member since 2018 · 49 posts · 27 votes
6y
@Jordan Williamson no luck/update. After some digging it seemed to be more work/cash than it'd be worth. I ended up renting out the unit as-is and will re-evaluate down the road. I'll definitely keep you posted if I decide to explore again.
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Sherry Wang
Rental Property Investor · Member since 2019 · 3 posts · 0 votes
6y
I'd suggest speaking with an architect who is familiar with the area and may have helped a client rezone/go through a zoning variance before. I work for an architect in Naples and we've gone through this only once. Ask the city for an informal pre-application meeting to hear your plans out (you could bring along an architect to help you). Another idea is to buy a portion of the neighboring lot (if that's possible) to add enough acres to your lot to add more units. Good luck!
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