Tampa council overturns zoning denial for extended-family unit at 3127 W. Oakland Ave.

City Council on a recorded vote overturned a zoning administrator denial of application SU 12485 and granted an extended-family residence use for the property at 3127 West Oakland Avenue.

The ruling came after Council heard staff explanations that the application had been denied because the proposed living area above the garage exceeded the code’s 600-square-foot maximum for an extended-family dwelling and because staff had no written verification that the space would be occupied only by family members. Kamaria Pettis Mackle of the city legal department told the Council that under City of Tampa Code the council could conduct a de novo review and accept new evidence.

During the hearing, Eric Cotton, Development Coordination, described staff’s basis for denial: the existing space above the garage was air-conditioned and measured roughly “almost 1,100 square feet” and therefore exceeded the 600-square-foot limit in the extended-family code provision. Cotton also said the applicant’s documentation did not include evidence that the upstairs unit would be limited to relatives related by marriage, blood, adoption or legal guardianship.

Owner and applicant Ron Fair told the Council the unit had been built in 2019 and that he intended it for aging relatives. “I got an aging mother. She’s 82. I got an aging mother-in-law who’s 79,” Fair said, and described elevator access and the intention to add a kitchen to make the space usable for those relatives. Fair also disputed staff’s square-foot calculation, saying the unit is “a little over 900 square feet” and asked the council to treat it under the extended-family standard rather than as an accessory dwelling, which is not allowed in the zoning district.

Councilmember Condensed moved to overturn the zoning administrator’s denial; the motion was seconded by Councilmember Rivera. During discussion Councilmembers emphasized that the council’s action on a de novo hearing may consider new testimony but must rely on the record and the law. City counsel and staff noted that if the council overturns the denial the applicant would be able to pursue the building permits consistent with that zoning determination; Eric Cotton recommended that, if council overturns the denial, the applicant provide a written designation of the occupant and accept the extended-family program’s annual inspection requirement so staff may confirm the approved occupant.

The motion was carried; the clerk’s roll call shows Henderson voted no and Carlson was absent. The council’s action amends the zoning administrator’s decision and permits the extended-family residence application to proceed under the condition that occupancy meet the extended-family definition in city code and follow the program’s annual inspection practice.

The council’s action does not itself grant building permits; staff said permits and code compliance (including any required inspections) remain subject to normal permitting and enforcement processes.