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Palm Bay council approves variance for homeowner to build 20x50 carport over boat

2830305 · March 20, 2025
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Summary

City council voted 4-1 to approve a variance allowing a homeowner to build a 20-by-50-foot prefabricated carport that would encroach into a 25-foot corner-side setback and sit closer than the code-required five-foot separation from the house.

Palm Bay City Council on March 20 approved a variance permitting Evan and Amanda Werner to build a 20-by-50-foot prefabricated carport that will encroach into a required 25-foot side corner setback, 4-1.

The variance also reduces the separation between the proposed accessory structure and the principal dwelling below the five-foot minimum in the city code; staff said the proposed separation is 2.72 feet. Growth Management Director Lisa Frazer explained the request and the relevant setbacks before the public hearing.

The Werners told council the carport would be used to shelter a pontoon boat now stored at the side of their house. Applicant Evan Werner said he had applied for permits and pulled a fence permit earlier; he described constraints at the rear of the lot caused by a Florida Power & Light easement and said, “I have to put my boat on that side of the house.” He told council he needs the 20-foot width “to fit the boat under there.”

Resident Bill Batten urged caution and emphasized the importance of the city’s setback rules, saying that “two wrongs don’t make a right” when neighbors have erected structures without permits. But several council members voiced support for the homeowner’s request. Council members said the lot’s corner configuration and the applicant’s effort to follow the variance process weighed in favor of approval; one council member said he was “inclined to side with the property owner.”

After public comment and applicant rebuttal, Councilman Langevin moved to approve the variance; the motion passed 4-1. The council did not identify individual roll-call votes in the record beyond the tally.

Staff noted that adding the carport and associated concrete pad may cause the property to exceed the city’s 30 percent impervious-surface threshold for single-family lots and that any future driveway work would require permits and could require additional approvals depending on easement impacts. Frazer told council that driveway permits and stormwater/impervious calculations would be handled as part of building-permit review.

The council’s action permits the accessory carport to be built as proposed; the applicant said he plans to pour a concrete driveway extension from the existing driveway to access the new structure.

Votes at-a-glance: the variance motion was approved by a 4-1 vote.

Ending: The decision applies only to the specific variances the applicant requested; any future site work such as driveway extensions or changes that affect impervious-surface limits will require separate permits and review.