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Tampa council overturns denial, approves extended-family residence at 6801 N. Orleans Ave.
Summary
After a de novo review hearing, Tampa City Council overturned a zoning administrator denial and approved an extended-family residence at 6801 North Orleans Avenue despite staff objections that the accessory structure violated the 60-foot front-yard setback in code section 27-132.
Tampa City Council on Jan. 15 overturned the zoning administrator's denial of special use application SU‑12476, allowing an extended-family residence at 6801 North Orleans Avenue.
City staff had denied the application in May 2024 because, they said, the proposed accessory structure did not meet the 60-foot front-yard setback required for an extended‑family residence under city code. "The structure does not meet the 60 foot required setback. It's only at 10.1 feet," Eric Cotton, development coordinator, told council during the de novo hearing.
The applicant, Danielle Mazda, told the council she had relied on a contractor's advice and placed the new structure to mirror a building across the street and to avoid damaging a live oak on the lot. "I approved the current location since it would mirror the building directly across the street," Mazda said. She asked the council to reduce the front setback to 10 feet and a corner side setback to 4 feet so the accessory unit could be completed.
Council members questioned whether the parcel's corner‑lot geometry or a design exception for yard determination could change the outcome. Cotton told council the code treats the narrowest portion of the lot as the front yard regardless of the address or front‑door orientation, and that even after a yard determination the accessory structure would still fail the 60‑foot requirement because the lot is not deep enough.
After public testimony and council questions, Council member Hertack moved to overturn the zoning administrator's denial; Council member Carlson seconded. The motion said the petitioner had provided "substantial and competent evidence" and sought approval under the criteria in City of Tampa Code section 27‑132. The motion carried, with one council member voting no and one member absent.
Council members discussed neighborhood impacts and said staff had not evaluated nearby properties for similar nonconforming structures because the review was limited to the application on its face. The record shows council's action overturns the denial and allows the applicant to proceed under the conditions described in the motion.
The council's decision was procedural and limited to the application and evidence presented at the de novo hearing; any changes to setbacks or future enforcement will be governed by the city's zoning code and any conditions the council attached when it recorded approval.
