The Variance Application is the form the City of Cape Coral Planning and Zoning Division (printed on the form as the Department of Development Services, City Planning Division) uses to receive a request for a zoning variance. Among Cape Coral permit and zoning applications, it is the one for a property owner who needs relief from a regulation and must justify it against seven standards. On this page you can fill out the Variance Application online on FillingPDF and download or print the completed PDF; the official form is published by the City of Cape Coral at the source link.
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What is Variance Application – Cape Coral, FL?
The Variance Application is the seven-page City of Cape Coral form package used to ask the city for a variance from its land development regulations, which is then heard by the Hearing Examiner and City Council.
The package holds more than the application itself:
- A Variance Requirements checklist (page 1) with the fee notice.
- The application with property, owner, applicant and authorized representative information, signed before a notary.
- An Acknowledgement Form.
- An Authorization to Represent Property Owner(s) form.
- A Documentary Evidence agreement citing LDC, Section 3.1.11F.6.
- Variance Request Regulations, which set out what the letter of intent must contain and the seven standards (3a.–3g.) used to evaluate a variance. The form refers to Land Development Code, Section 3.4.3 Variances.
Completing the package starts the city's review of the request; it does not grant the variance. The form says hearing dates are confirmed when the applicant receives the Notice of Public Hearing, and any city decision is subject to a thirty (30) day appeal period. The form lists the division's contact details: Tel. (239) 574-0553, Fax (239) 574-0591, P.O. Box 150027, Cape Coral, FL 33915-0027.
Who needs to file Variance Application – Cape Coral, FL?
Property owners in the City of Cape Coral who want a variance from the regulations that apply to their property use this application. The form is built around the owner: all forms must be signed by the property owner(s) and notarized.
- Owners that are not individuals. If the owner does not own the property in his or her personal name (for example an LLC or trust), the owner signs all applicable forms in his or her corporate capacity. For a corporation, the Authorization form asks you to give the City Planning Division a copy of the corporation papers.
- Applicants who are not the owner. The form has a separate section, "Applicant Information (If different from owner)", and an applicant signature line.
- Authorized representatives. An owner may authorize another person to present the request before the Hearing Examiner and City Council using the Authorization to Represent Property Owner(s) form. If the representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and the Authorization form is not required.
List all owners on the forms. The form describes no categories of people who are excluded.
When to file Variance Application – Cape Coral, FL
File the Variance Application when you need a variance for a property and are ready to submit the full package: the forms, letter of intent, survey and any plans or owner list the checklist calls for. The form prints no application deadline.
Timing rules the form does state:
- Hearing dates are confirmed when you receive the Notice of Public Hearing, which gives the day and time of any hearings.
- A copy of all documentary evidence, including information you plan to present at the public hearing, must be available to the decision-making body or Hearing Examiner and to staff no later than three business days before the hearing.
- Advertising costs are billed and must be paid before the hearing.
- Any decision by the city is subject to a thirty (30) day appeal period; work done within that period or during an appeal is at the applicant's risk.
- If the variance is approved, restrictions on city permits stay on the property until the recording fee is paid.
Documents you need
- Application, Acknowledgement Form and Authorization to Represent: all filled out completely and legibly, signed by the property owner(s) and notarized; the Authorization form is not required if the authorized representative is an attorney.
- Letter of intent stating the actual request, why it is being made and how it is consistent with the seven standards used to evaluate variances (page seven of the form).
- Development plan, if applicable, drawn to scale (not less than 1" = 50') showing site layout with dimensions, boundary lines, North arrow and complete legal description.
- Location and dimensions of all existing or proposed buildings and structures, including additions, eaves, overhangs, porches and patios, as part of the development plan.
- Setback distances from all buildings and additions to property lines, with the square footage of each existing and proposed use, as part of the development plan.
- Location and dimensions of driveways, with parking areas showing layout, number of spaces and traffic flow, as part of the development plan.
- Certified (as built) survey: required for all applications.
- Typewritten list of affected property owners in label format (name, address, city, state, zip code): required if the property is within 500 feet of any County properties.
- Copy of corporation papers, if the owner is a corporation, supplied to the City Planning Division with the Authorization to Represent form.
- Documentary evidence, including information you intend to present at the hearing, made available no later than three business days before the hearing.
How to fill out Variance Application – Cape Coral, FL
Enter the property information
Fill in Project Name, Location/Address, Strap Number, Unit, Block, Lot(s), Plat Book, Page, Future Land Use and Current Zoning.
Enter property owner information
Under Property Owner(s) Information, give each owner's name, phone, email, address, city, state and zip. Use the second block for a second owner and list all owners.
Add applicant details if different
Complete Applicant Information only if the applicant is not the owner: name, phone, email, address, city, state and zip.
Add an authorized representative
If you use a representative, complete Authorized Representative Information with the same contact fields. Skip this block if none applies.
Sign the application before a notary
On the signature page, enter the company name if applicable, then type or print and sign each owner and applicant name. Complete the notary block (state, county, date, identification, commission details); all signatures must be notarized.
Complete the Acknowledgement Form
Enter the date, the corporation or company name if any, and the owner's name, and have the owner sign before a notary. The form confirms hearing attendance, the 30-day appeal period and responsibility for fees.
Complete the Authorization to Represent form
Enter the name of the person giving the presentation, the Unit, Block, Lot(s) and Subdivision or legal description, and both owners' printed names and signatures with title, notarized. An attorney representative does not need this form.
Sign the Documentary Evidence agreement
Type or print the owner or applicant name and sign it before a notary to agree to make documentary evidence available three business days before the hearing.
Prepare the letter of intent
Clearly state the variance requested, explain why, and explain how the request is consistent with each of the seven standards 3a.–3g. on page seven.
Assemble the plan, survey and owner list
Attach the development plan if applicable, the certified (as built) survey and, if the property is within 500 feet of any County properties, the label-format owner list.
Review, download and submit
Check that every notarized signature is present and every checklist item on page one is covered. Download or print the completed PDF from FillingPDF and submit the package through the channels described under How to submit.
How to submit Variance Application – Cape Coral, FL
The City of Cape Coral encourages applicants to submit Planning Division applications online through the CSS online portal; its Planning Division Applications and Documents page also gives an email address for help. The form itself names no other channel.
- Online: use the CSS online portal reached from the city's Planning Division Applications and Documents page.
- Questions: email [email protected] or call the City Planning Division at (239) 574-0553. The form also prints Fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027 as the division's contact details.
Once received, the application is reviewed for completeness and invoiced. A fee applies: the form lists one rate for single-family residential use and another for all other uses, plus advertising costs and, after approval, a recording fee. Ask the division for current amounts. The Acknowledgement Form says fees are submitted to the City of Cape Coral with the application. The city states it will never request payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle.
FillingPDF lets you fill out and download the PDF; submission follows the city's channels above. The package must include notarized signatures where the form requires them.
Common mistakes to avoid
- Submitting forms without notarized signatures; the form says all signatures must be notarized.
- Signing in a personal capacity when the property is held by an LLC, trust or similar owner; the owner must sign in his or her corporate capacity.
- Leaving out the certified (as built) survey, which is required for all applications.
- Omitting the typewritten label-format list of affected property owners when the property is within 500 feet of any County properties.
- Writing a letter of intent that does not address each of the seven standards (3a.–3g.) or does not state clearly what is requested and why.
- Drawing a development plan at a scale smaller than 1" = 50' or leaving out North arrow, legal description, setbacks or parking layout.
- Having documentary evidence ready later than three business days before the hearing.
- Sending payment by wire transfer, EFT or an app such as Venmo or Zelle; the city says it never requests these.
- Starting work during the thirty (30) day appeal period without understanding it is at the applicant's own risk.
Frequently asked questions
What is the Cape Coral Variance Application?
It is the City of Cape Coral form package for asking the city to approve a variance. It includes the application, an Acknowledgement Form, an Authorization to Represent form, a documentary evidence agreement and the rules for the letter of intent, which is heard by the Hearing Examiner and City Council.
Do the signatures on the Variance Application have to be notarized?
Yes. The form says all forms must be signed by the property owner(s) and must be notarized. The notary block says the oath may be taken by means of physical presence or online notarization. An attorney representative may sign the application and Acknowledgement Form.
What must the letter of intent for a Cape Coral variance include?
It must clearly state the variance requested, explain why it is requested, and explain why it is consistent with each of the seven standards on page seven (3a.–3g.), such as special conditions peculiar to the land and the minimum variance needed.
Is there a fee for a Cape Coral variance application?
Yes. The form lists one fee for single-family residential use (with an added charge for each additional request) and another for all other uses, plus advertising costs billed before the hearing and a recording fee after approval. Ask the division at (239) 574-0553 for current amounts.
Do I need a survey with the Variance Application?
Yes. The checklist says a certified (as built) survey is required for all applications. A development plan drawn to scale (not less than 1" = 50') is required if applicable.
Can I have someone represent me at the variance hearing?
Yes. Complete the Authorization to Represent Property Owner(s) form, notarized, naming the person who will present before the Hearing Examiner and City Council. If the representative is an attorney, that form is not required.
How do I submit the Cape Coral Variance Application?
The city encourages online submission through its CSS online portal, reached from the Planning Division Applications and Documents page. For help, email [email protected]. The application is reviewed for completeness and invoiced after it is received.
Can I fill out the Variance Application online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the application with the city; you submit it through the City of Cape Coral's channels.
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