Council denies after-the-fact accessory-dwelling unit request after neighbor complaints

Pinellas Park — The City Council denied a request for conditional-use approval of an after-the-fact accessory dwelling unit on a single-family lot after neighbors raised concerns about code violations, drainage impacts and short-term rentals.

Michael Caraglio, associate planner, told the council the application (ADU2025-00005) concerns a detached structure that was converted from a legally permitted shed into an ADU and sits 6.4 feet from the southern property line while the code requires a 10-foot side setback for structures used as dwelling units. Caraglio said the building permit for the ADU is in review and that the conversion was discovered during a community compliance case. "The applicant converted an existing legally permitted shed into a detached accessory dwelling unit," Caraglio summarized to the council.

Neighbors described ongoing construction activity, drainage problems and short-term rental use. Leonard Lawson, a next-door neighbor, said construction had created flooding on his property, that a roof overhang allows runoff onto his yard and that he has had to buy a sump pump. "That building is not being used as a shed. It is being used as an Airbnb," Lawson told the council, adding that cars park on the narrow street and that the property changes have produced a persistent neighborhood nuisance.

The property owner and applicant, Rachel Sosam, addressed the council and said the structure was placed where it rests and expressed willingness to comply with requirements; staff noted the owner has building permits in review including a permit to remove a separate illegal addition on the north side of the primary residence. Staff also said separate code-enforcement proceedings are active involving the property.

Council deliberation focused on the setback deviation, the after-the-fact nature of the conversion and the potential precedent created by approving similar requests. Several council members expressed concern that approval would invite additional after-the-fact conversions. Councilman Butler moved to deny the ADU application; the council voted unanimously to deny the requested relief.

Outcome: The council denied ADU2025-00005 for failure to meet the 10-foot side-yard setback and because the conversion was performed without prior approval; building permits remain in review and separate code-enforcement actions are pending. The council's denial was recorded by roll call; Butler, Sebeil and Vice Mayor Cadell voted in favor of denial, yielding a unanimous denial vote.