Clay County BOA denies after-the-fact variance for 40x124 pole barn in Middleburg

The Clay County Board of Adjustment on Jan. 23, 2025, voted to deny BOA24-0017, an after-the-fact variance request to allow an accessory structure larger than 3,000 square feet at 2566 Horseshoe Bend Road in Middleburg. The board voted to deny the request 3-0, with one member, Brian, recorded as abstaining.

County zoning chief Jenny Bridal presented the staff report, describing the structure as a 40-by-124-foot pole barn that measures “approximately 5,000 square feet,” placed on a parcel the report variously lists as containing “approximately 5 acres” and as having a lot size of “approximately 17,424 square feet.” Bridal said the property is zoned AR (agricultural residential) with a future land-use designation of rural fringe and that there is no principal structure currently on the lot. Bridal advised the board that the county’s land development code prohibits accessory structures larger than 3,000 square feet unless the property qualifies as bona fide agricultural under Florida law as determined by the Clay County Property Appraiser; staff recommended denial.

Applicant Gary Torres told the board he built the structure without a permit after receiving “bad advice” about agricultural status and said he has engineering plans and is pursuing the necessary permits and a principal residence. Torres said he had “legit plans engineered” and that he is “already in the process” of pulling house plans so he can apply for the required permits. He also testified that he intended the building as a workshop to store vehicles and work on trucks.

Neighbor Randy Martin testified in opposition, saying the property is being used for business activity and describing noise and equipment traffic. Martin said, “I can't sleep at night. I got PTSD,” and urged the board to stop the activity. The board and staff cautioned that the Board of Adjustment’s authority on the application was limited to the variance request for structure size; allegations about running a business are matters for code enforcement or other county processes. The staff report notes an active code-enforcement case on the parcel, but that case is for a different infraction, not the size of the shed.

A resident who identified himself as a builder spoke in support of Torres, saying pole barns are commonly built first and that some older structures in the neighborhood are larger. Building department staff clarified that while the statewide building code contains an exemption for nonresidential farm buildings on farms, that exemption applies only when the property qualifies as an active farm or meets the bona fide agricultural determination; otherwise pole barns require permits in Clay County.

During deliberations a board member said he would be reluctant to approve the variance without an on-site inspection because of the size and construction details; another member echoed staff’s conclusion that the request was not the minimum variance necessary to cure the violation. A motion to deny BOA24-0017 was made and seconded; the motion passed with the clerk announcing the denial by a 3-0 vote, Brian abstaining.

The denial preserves the county’s standard that accessory structures in AR zoning without a qualifying agricultural determination or a principal structure cannot exceed 3,000 square feet. Board members directed no additional formal action at the hearing; staff and the building department will continue to process permits and any outstanding code-enforcement matters through their usual procedures. The meeting adjourned after brief administrative items, including a note that the board plans to move future meetings to 5 p.m.