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Commission approves setback waivers for 238 Second Street North, requires on-site tree planting
Summary
The Safety Harbor City Commission voted 5-0 to grant front- and rear-yard setback waivers for a nonconforming lot at 238 Second Street North, conditional on staff requirements and planting at least one tree on the lot.
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Safety Harbor commissioners on Monday approved a request to reduce the front-yard setback from 20 feet to 5 feet and the rear-yard setback from 20 feet to 8 feet at 238 Second Street North to allow redevelopment of a narrow lot into a two-story single-family home.
The waiver request stemmed from the lot’s status as a nonconforming lot of record after a portion was sold in the 1980s, leaving the parcel about 71 feet wide and 50 feet deep. Cecilia Chien, community planner and GIS analyst, told the commission the property falls in the Community Town Center district, where freestanding residential development must meet TND-1 area and dimension standards; strict application of those rules would limit the house width to roughly 10 feet. “This lot is rather unique,” Chien said, describing the lot split and the applicants’ request for “a 5 foot front setback to incorporate an unenclosed front porch” and an 8 foot rear setback to allow a reasonable home footprint.
The commission heard detailed technical context from Michelle Giuliani, the city’s engineering director, who said the work is being coordinated with nearby construction and that the procurement qualifies as a piggyback of a related project. Members of the public, including applicant Monica Diva, addressed the commission about a large tree on the property. Diva said the tree had been hit by lightning twice, showed fungus, was leaning toward the proposed house and was rated by her arborist as unsalvageable: “The tree’s been hit by lightning twice … it’s a danger to the house,” she said.
Commission discussion focused on balancing the owner’s ability to reasonably redevelop the lot with the city’s interest in preserving tree canopy. The commission adopted staff’s recommended condition that the front porch remain unenclosed and limited to one story, and added the condition that at least one tree be planted on the property in an appropriate location rather than the owner paying a fee into the city’s tree bank. The motion to approve carried 5-0.
The decision allows the applicant to proceed with the submitted plans (ground floor about 1,200 sq. ft.; second floor about 600 sq. ft.), subject to final permitting and the conditions approved by the commission. Staff noted that larger policy questions about tree preservation and nonconforming lots will be discussed at an upcoming land development workshop.

