Oldsmar Board of Adjustment approves three setback variances for 302 Park Boulevard gazebo

The Oldsmar Board of Adjustment on Jan. 22 approved three variances to allow a 10-by-10-foot gazebo to be constructed at 302 Park Boulevard, reducing side-yard setback requirements to match existing nonconforming features on the property.

Matt Jackson, planning manager, told the board the subject property is in the Town Center Residential (TCR) district with a future land-use designation of community residential and that TCR minimum side setbacks are 6 feet to a home and 5 feet to accessory structures and driveways. Jackson said the existing house currently has a 0-foot northwest corner setback, an existing concrete pad sits 1 foot from the side property line, and the driveway is 3 feet from the side line. "The staff report is submitted for the record. This ends my presentation. I'm happy to answer any questions you may have," Jackson said.

Jackson said the gazebo would sit on the existing concrete pad (about 11 by 11 feet) and is 10 by 10 feet overall. He told the board the property to the north is developed with a single-family home about 17.9 feet from its south property line, which Jackson said results in a minimum of about 18.9 feet between the proposed gazebo and the neighboring house. He also said the gazebo roof is pitched north–south so stormwater would remain on the subject property.

Applicant Grace Baboukas, who identified herself as the owner at 302 Park Boulevard, clarified that the three separate variance requests were: (1) reduction of the north side setback from 6 feet to 0 feet for the existing house, (2) reduction from 5 feet to 1 foot for the existing concrete pad, and (3) reduction of the south side setback from 5 feet to 3 feet for the existing driveway. Baboukas said she wanted to ensure the board understood which features each variance applied to.

Board members discussed whether the approvals would set a precedent. Jackson and staff emphasized that the variances respond to existing, nonconforming structures that were permitted or in place under earlier administrative practice and that the staff-recommended condition makes clear any future development must meet minimum code standards or request its own variance. "What we don't want to happen is, you know, down the road someone comes in and builds another structure right on the property line for 0 foot setback just by right," Jackson said, explaining the intent of the condition.

One board member said, "I have a little issue with it myself," noting concern about granting a 0-foot setback, but no member moved to oppose. The board voted on the three requests in separate motions, each with the staff-recommended condition of approval. Each motion passed by roll call, 5-0.

Votes at a glance — • North side (house): reduce side setback from 6 feet to 0 feet to existing house; approved 5–0. • North side (concrete pad): reduce side setback from 5 feet to 1 foot to existing concrete pad; approved 5–0. • South side (driveway): reduce side setback from 5 feet to 3 feet to existing driveway; approved 5–0.

The board's approval included the staff condition that all future development of the property meet minimum code standards or require a variance; the staff report, the application (city case VAR25-01), and the condition were entered into the record. The meeting adjourned after the variances were approved.