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Charlotte County BZA approves variances to allow ADA bathroom, ramp and existing shed to remain at El Jobean home
Summary
The Board of Zoning Appeals granted three variances for a manufactured home at 4226 Wood Duck Road in El Jobean to permit an ADA bathroom addition, an ADA ramp and to allow an existing shed to remain in place, subject to conditions.
The Charlotte County Board of Zoning Appeals on Aug. 13 approved three variances for property owner Mark Allen at 4226 Wood Duck Road in El Jobean to allow an ADA-accessible bathroom addition, an ADA ramp and to retain an existing shed that encroaches on the required north side yard setback.
Staff presentation and findings: Sean Cullinan, planning zoning official, told the board staff's preliminary review found the application met all five variance criteria in county code. Cullinan described the site as two consolidated lots platted in 1926 with a manufactured home built in 1971 and a shed placed in 1972. He said Hurricane Ian in 2022 destroyed a front screened enclosure and the applicant enclosed and expanded the front area to create space for an ADA bathroom, producing the current encroachment into the 25-foot front-yard setback. Cullinan summarized the five findings, including that the small, older lots and partially submerged rear lots leave limited upland area, the work was done following post‑storm misinformation from contractors, and denial would cause undue hardship to Mrs. Allen, who has mobility-limiting conditions arising from cancer treatment. Cullinan said staff recommended approval with three standard conditions that would limit the variances to the existing manufactured home, ramp and shed and make the variances expire if the structures are removed or replaced (with a disaster-related exception).
Applicant and public comment: Mark Allen, the applicant, said he had tried to follow county guidance after Ian, described conversations with contractors and a structural engineer, and said the enclosed addition currently has no electrical or plumbing and that he applied for a permit that remains in expired status until the variance is resolved. Neighbors provided mixed input: Steve and Karen White raised concerns about prior storm damage, FEMA appraisals and possible unpermitted work in the neighborhood; Leonard Bossie and Sabrina Balsey, neighbors across the street, spoke in support of the Allens and the ramp for accessibility.
Board action and conditions: A motion to approve the request based on the Community Development Department staff report (dated Aug. 6, 2025), the evidence presented at the hearing, and the finding that the applicant met the five approval criteria carried by voice vote. The board adopted staff recommendations. The approval allows: - a reduction of the 25-foot front-yard setback to 14.5 feet for the ADA bathroom addition; - a reduction of the 25-foot front-yard setback to 9 feet for the ADA ramp; and - a reduction of the 7.5-foot north side-yard setback to 5.5 feet to allow the existing shed to remain.
Staff cautioned that other permits may still be required before construction or occupancy proceeds and that the variances apply only to the structures shown in the application. Cullinan noted the decision does not create legal precedent for other properties.
What happens next: The applicant must follow the permitting process and, if the structures are removed or replaced in the future, any variance will expire unless a new variance is granted or the replacement is due to a natural disaster. The order and conditions will be memorialized in the board’s written decision.
