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Board grants variance for rear‑yard bathroom at 6480 Hermitage Drive amid permit questions
Summary
The Pensacola Zoning Board of Adjustments approved a 30‑to‑22.25‑foot rear setback variance for a bathroom addition at 6480 Hermitage Drive, while staff and the board noted outstanding building‑permit and code‑enforcement questions.
The Zoning Board of Adjustments approved a variance reducing the rear yard setback from 30 feet to 22 feet, 3 inches for a bathroom addition at 6480 Hermitage Drive.
Homeowner Steven Matutat told the board he had already constructed the addition and believed the rear setback was 20 feet; he said a contractor had advised him that permitting was not required because the property was homesteaded. Matutat said the addition provides a studio‑type space and a bathroom for a friend who is seriously ill. Matutat said he was not charging rent.
Planning staff told the board the matter was a current code‑enforcement case and that a building permit application had been filed but not fully reviewed. Staff said the building department would still inspect the work and could require corrective action even if the zoning board approved the variance. The board discussed that distinction and confirmed a variance, if granted, would be limited to the exact footprint shown in the application and would not authorize further expansion.
Board members who spoke in support noted what they characterized as a small encroachment relative to the lot and the humanitarian circumstances described by the applicant. One member said the addition appeared to be a modest request and that the homeowner may have been taken advantage of by a contractor. Another member noted that an accessory dwelling unit (ADU) can be allowed in rear yards when detached, but when attached it is bound by primary structure setbacks.
After discussion the board voted to approve the variance; the chair said the variance was granted and advised the applicant to find a different contractor going forward. Staff reiterated that the approval moves the project to permitting, and inspections could still require changes if the structure does not meet building code.
The board’s action only addressed the zoning setback; Matutat still must obtain required permits and pass building‑department inspections before lawful occupancy of the added space.
