Tampa variance board denies request to build garage at 1102 S. Moody Ave.

The City of Tampa Variance Review Board on July 8 denied a variance request to reduce the south side setback from 7 feet to 0 feet and the rear yard setback from 15 feet to 12.1 feet at 1102 South Moody Avenue.

The denial came after the applicant, Miguel Mora, said the house was built on a lot that had been split from an adjoining parcel and described the lack of a garage as a hardship. "The hardship is, you know, we're 1 of the only homes in in the neighborhood that, doesn't have a garage, which currently is is inhibiting our earning ability," Mora said during the hearing.

The board heard opposition from the adjacent homeowners association, represented by Steve Michelaney of Bay Life Luxury Townhome Association, who argued the request would create a safety risk and was a self-created hardship. "This is a self created hardship because they want a garage, which is not an entitlement," Michelaney told the board, adding concerns about fire access and impacts to neighbor enjoyment.

Staff presentations described technical constraints the applicant must address if work proceeds, including transportation's note that only one curb cut is permitted and that a second paved area shown on the site would need to be removed; stormwater staff flagged that the project as shown could exceed impervious-area limits and directed compliance with City of Tampa stormwater technical standards (Chapter 21 of the City code).

Board members who spoke cited the narrow lot, questions about whether the hardship was self-created because the owner purchased the property without a garage, and emergency-access concerns. The board moved to deny the variance for failing to meet the hardship criteria in Section 27-2-80 of the City code; the motion carried and the variance was denied (4-0).

The board noted that if the petitioner elects to reapply, any revised plans must address stormwater, right-of-way drive access and the city's tree and setback rules.