Hernando County grants after‑the‑fact setback variance for Quinn Avenue patio

The Hernando County Board of County Commissioners on Oct. 7 approved a variance allowing an existing covered patio at 5442 Quinn Avenue to remain with a reduced left side yard setback of 7 feet 10 inches, down from the 10‑foot requirement.

The variance was requested by property owners Todd Gosk and Alexis Daniels after county staff said the patio was built without the appropriate building permit and encroached into the required setback. Omar DePaolo, Hernando County development services director, and Michelle Miller, senior planner, presented the case and explained that an objection from a neighbor within the county's 500‑foot notice area required the matter to come before the board.

The applicant’s representative said the work began as pavers and later was converted to a covered patio; a building permit application was submitted as an after‑the‑fact remedy. Planning staff described the situation as a standard remedy—either the board grants a variance or code enforcement remedies would follow.

Commissioners asked about easement and topography details and whether the patio encroached on a utility easement. Staff and the applicant’s consultant showed survey and topographic material to demonstrate the patio location and drainage contours. Commissioners also raised concern about a contractor having constructed the work without a permit; one commissioner said that practice is troubling even if the impacted neighbor did not object.

Following discussion, a motion to approve staff’s recommendation passed 4‑0.

The county record shows the variance was sought to accommodate an approximately 11‑foot‑long patio that encroached roughly 2 feet 2 inches into the setback; drainage concerns were raised by a neighbor who lives farther back on the same drainage system. The approval allows the structure to remain subject to any standard permitting/inspection follow up.