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After-the-fact carport at 168 MLK Ave. approved with condition that structure remain open

October 07, 2025 | St. Augustine, St. Johns County , Florida


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After-the-fact carport at 168 MLK Ave. approved with condition that structure remain open
The Planning and Zoning Board on Oct. 7 approved a variance request at 168 Martin Luther King Jr. Avenue to legalize an after-the-fact carport that encroaches into front and side setbacks for a nonconforming RS-2 lot.

Planning staff described the application as an after-the-fact variance for setbacks on a nonconforming lot; staff concluded the board could approve the request under the applicable variance criteria. The owner, Elizabeth Merwin, said the structure is a carport rather than a fully enclosed garage.

Nut graf: Board members approved the variance provided the structure remain open (a carport) so it does not alter the streetscape or create an enclosed structure forward of the house. The condition mirrors a recent approval for a similar carport elsewhere in the city.

Board members noted the lot’s nonconforming status and the structure’s limited scale. One member asked the applicant to gutter the carport’s north side to manage runoff; the applicant agreed. The application received no public opposition in mailed notices and staff recorded one favorable response.

Action: The board voted to approve the variance (PZB 2025-0073) with the condition that the carport remain open and include a north-side gutter directing runoff to either the street or the property at 168. The motion passed on roll call.

Ending: The applicant will submit required documentation for the after-the-fact approval, and staff will monitor compliance with the open-carport condition and the guttering requirement.

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