Venice Planning Commission Approves Two Gulf Beach Setback Variances on July 7, 2026

The Venice Planning Commission met on Tuesday, July 7, 2026 (agenda start time 1:30 PM; timestamp 18:15 UTC) in Council Chambers. All seven members were present. The chair certified that both public hearings had been advertised on June 20, 2026, with proof of publication on file. After approving the previous meeting minutes, the commission heard two quasi-judicial variance requests involving construction seaward of the Gulf Beach Setback Line: 26-20VZ at 201 The Esplanade and 26-23VZ at 412 Hunter Drive. Both were approved unanimously.

Call to Order, Roll Call, and Minutes Approval

• Roll call confirmed Chair Wilson and Commissioners Hale, Sherberg, McKeon, Fresca, Jasper, and Ferlaghi were present.
• The commission approved the minutes as submitted. Discrepancy note: the agenda identified the minutes as those of the June 16, 2026 meeting, but Chair Wilson referred to the June 2, 2026 regular meeting; no correction was discussed.

Public Comments & Testimony

• Kathy McPherson, a neighbor at 109 The Esplanade, expressed concern about losing more of her ocean view to the new wall at 201 The Esplanade. She said the house and landscaping are beautiful and that the wall might not be as bad as feared because existing vegetation already blocks much of the view.
• Nancy Woodley, a retired Venice city engineer and project manager of the 2005 beach renourishment project, opposed the 412 Hunter Drive variance. She argued that placing a fence and grass lawn in the beach profile compromises storm protection, interferes with wind-driven sand movement, acts as a barrier to nesting sea turtles, and keeps native sea oats and vegetation from populating the beach. She also stated that the existing fence and lawn sit on public land seaward of the erosion control line and that granting the variance would be unwise in an area exposed to storm surge and coastal flooding. She noted the city has a 50-year U.S. Army Corps of Engineers contract to renourish the beach every 10 years; she described the 2025 beach renourishment as currently underway, with the current fourth renourishment estimated at about $20 million and the city paying 10 to 20 percent. She also said the applicant's state permit for the new house was issued in March 2023 and expired in March 2026.
• Walt Jennings, a nearby resident who said he uses the wall by the Junda property as beach access, raised concern that the applicant's new fence blocks the end of the wall and leaves only an eight-inch gap. He said he was not questioning the fence generally, but objected to the closure of what he described as his beach access route.

Public Hearing 26-20VZ - 201 The Esplanade Variance

• Applicant Edward W. Hinz, represented by Jackson R. Boone, requested variances under the Land Development Code (LDC) Chapter 89, Section 2.114 (construction/excavation seaward of the Gulf Beach Setback Line) and Chapter 87, Section 3.1.8(F)(2) (visibility triangle) to complete a perimeter privacy wall. The property is approximately 0.558 acres with low-density residential future land use and RSF2/conservation zoning. Transcript spellings of the owner's name vary (Hinz, Hines, Hens).
• Staff planner Brittany Smith said a prior request was denied in November 2025 because it was not the minimum necessary. The redesigned wall has a rounded corner, with a three-foot concrete base topped by a three-foot metal railing, and extends at most 13 feet 8 inches seaward of the Gulf Beach Setback Line.
• The applicant argued that the wall merely fills a gap between existing wall posts; that the GBSL has an abrupt northeastern jog on the island that uniquely clips this property, possibly due to a 1978 mapping error; and that the wall would not affect erosion, flooding, beach access, habitat, or public views. He also argued that the visibility triangle should be measured from the curb corner rather than the property corner, because existing city vegetation and beach parking block the sight line anyway. He noted that in unincorporated Sarasota County, a professionally engineered breakaway privacy wall like this could qualify for administrative approval under one of 15 categories, without a variance.
• Commissioner Hale questioned whether the wall was needed only for aesthetics and why the variance was not sought before the house was built. Other commissioners discussed whether the hardship was self-created. Commissioner Ferlaghi asked about the visibility triangle's public-safety purpose and the reduction from a 20-foot dimension to 10 feet; the applicant responded that the full triangle fits if measured from the curb corner and that the intersection's restricted movements preserve safety.
• Ms. Sherberg initially moved to approve based on a bona fide staff error, but planning staff clarified that this code option refers to an error by city staff and was not applicable. She amended her motion to approve based on a finding that the petition meets each variance criterion in LDC Section 1.13.3.
• The commission voted unanimously to approve 26-20VZ.

Public Hearing 26-23VZ - 412 Hunter Drive Variance

• Applicant Justin Junda, represented by Jackson R. Boone, requested a variance from LDC Chapter 89, Section 2.11.4(a) to allow a four-foot-tall black aluminum fence seaward of the Gulf Beach Setback Line. The approximately 0.6-acre property has low-density residential future land use and RSF1 zoning.
• Staff planner Nicole Tremblay said the fence is proposed along the north, west, and south property boundaries and would replace an existing fence installed in 2025 without a permit. After the 2024 hurricanes and a property boundary review, the property appraiser's office used the erosion control line rather than the mean high water line as the western boundary, which left part of the existing fence off the property. The proposed fence would extend up to 110 feet seaward of the GBSL at its southwest corner; the western run is about 105 feet, and the northern segment extends about 61 feet from the adjacent condominium wall.
• Staff also reported that a code enforcement case before the special magistrate had been continued so the applicant could pursue this variance; if the variance were approved, the code case would go away once the off-property fence section is removed.
• The applicant argued that the fence is needed to enclose the pool and yard, prevent trespassing and people falling from the adjacent wall onto his property, and align with the nearby Valencia condominiums' wall. He said the property's boundary change, not his actions, created the hardship, and that the open four-foot aluminum fence has no impact on beach habitat, erosion, flooding, or public beach access. He confirmed the fence would include a gate for beach access.
• In rebuttal, Junda said the wall is on his property, there is no deeded public beach access across it, people have fallen from the wall and trespassed, and he has coordinated with FDEP and the property appraiser. Commission discussion focused on the code enforcement timeline, the safety and security purpose of the fence, and whether a solid wall could later replace the open fence; the applicant confirmed the variance is limited to the four-foot black aluminum fence. Staff clarified that no permit is required for sod, that FDEP controls the area seaward of the coastal construction control line, and that the wall/walkway area appears to be private property rather than a public beach access.
• The commission voted unanimously to approve 26-23VZ under LDC Section 1.13.3.

Staff and Commission Comments / Next Steps

• Planning and Zoning Director Roger Clark said the next Planning Commission meeting is scheduled for August 18, 2026, with three applications expected: a site plan, a preliminary plat, and a design alternative.
• He also noted that the city council's last meeting before its break would include an enhanced version of the CBO consultant presentation previously shown to the commission.

Key Outcomes

• Approved variance petition 26-20VZ (201 The Esplanade) unanimously.
• Approved variance petition 26-23VZ (412 Hunter Drive) unanimously.
• Both approvals were based on findings that the petitions meet the variance criteria in LDC Section 1.13.3, not on a bona fide staff error.
• For 412 Hunter Drive, the pending code enforcement case is expected to be resolved after the portion of the fence located off the property is removed; the applicant must still obtain the necessary permits. For 201 The Esplanade, the approved variance permits the redesigned privacy wall in its revised, rounded form.
• The next Planning Commission meeting is August 18, 2026.