BZA approves variance so Port Charlotte home can be elevated under Elevate Florida program

CHARLOTTE COUNTY — The Charlotte County Board of Zoning Appeals on Sept. 10 approved two variances for a single-family residence at 23395 Farnham Street in Port Charlotte so the structure can be elevated in place under the state-run Elevate Florida mitigation program.

The board voted to reduce the required 10-foot north side yard setback to 0 feet and to increase the maximum front-yard setback (normally 9 feet) to allow the structure to remain within its current footprint while being raised. The approval included staff-recommended conditions limiting the variance to the existing residence and requiring future development to comply with current codes if the home is removed or replaced.

Staff and the applicant’s representative told the board the owner needs the variances to participate in Elevate Florida, which only funds elevation of structures within their existing footprints. Elizabeth Nocek, AICP, senior planner for the county Community Development Department, said the house is a repetitive-loss property, is low-lying (spot elevations around 3.5 feet NAVD), and suffered substantial flooding during the September and October 2024 storms. “Staff’s professional opinion is that the denial of the requested variances would constitute an undue hardship as it would prevent the applicant from participating in the Elevate Florida program and leave the applicant at high risk of experiencing another significant flood event,” Nocek said.

Nocek presented the staff report and said the application satisfied all five statutory criteria for a variance under the Charlotte County zoning code. She told the board the property is roughly 14,287 square feet, the residence was built in 1958, and the existing house is on a concrete slab. The staff presentation showed FEMA flood zones affecting the lot (Coastal A at the front and AE in the rear) and included photos of interior and exterior flood damage from recent storms.

Rob Bernsen, attorney for the applicant, asked the board to approve the request and noted the property owner was recovering from surgery and could not attend. Bernsen and staff accepted Nocek as an expert in planning testimony. The board discussed minor adjustments to the numeric wording of the front-yard variance during the hearing; staff and the applicant agreed to amend the staff recommendation to provide additional tolerance to cover survey rounding during elevation work.

The board included the following conditions in its approval: the variances apply only to the existing single-family residence as shown in the application materials; if the residence is removed or replaced the variances expire and future development must meet applicable codes (except when removal or replacement results from a natural disaster or involuntary destruction); and the approval is limited to the footprint and the elevations described in the application. Nocek reminded the board that any approval does not eliminate other required permits or approvals and advised the owner to consult county staff on subsequent site- and building-permit steps.

Motion and vote: A motion to approve VAR-25-011 was made and seconded; the motion passed. The board’s roll-call vote was recorded as in favor by the members present (four affirmative votes). No individual dissenting votes were recorded on the transcript.

Nocek cautioned that approval of the variances does not abolish deed restrictions or other private constraints and that judicial appeals of the board’s written decision may be filed in circuit court within 30 days.

The county staff record for VAR-25-011 notes the residence is proposed to be raised to an elevation of about 12 feet NAVD under the Elevate Florida proposal, subject to building-code and program requirements. The owner must still obtain any required building permits and complete applicable site work before construction begins.