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Board approves small setback variance at 959 Messina Drive after applicant cites engineering error

November 25, 2025 | Punta Gorda City, Charlotte County, Florida


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Board approves small setback variance at 959 Messina Drive after applicant cites engineering error
PUNTA GORDA — The Punta Gorda City Board of Zoning Appeals approved a minor setback variance for a partially constructed home addition at 959 Messina Drive after the property owner and designer described an engineering miscalculation that led to the encroachment.

Rachel Berry, zoning official, introduced application V-06-2025 and said the owner, Michael Simone, requested a 0.7‑foot (8.4‑inch) reduction to the required 7.5‑foot side‑yard setback so that an addition now at 6.8 feet may remain. Simone testified he served as the owner‑builder, that the addition was built to the approved plans and that a later spot survey revealed a calculation error during the engineering phase. Simone said neighbors on both sides have provided letters indicating no objection.

Jonathan Campbell, a local designer who has worked with the applicant, described the mistake as a scaling/laying‑out error in drafting software and said the firm accepts responsibility. Board members asked whether the variance would remain if the property is sold or damaged; Berry said the staff recommendation treats the addition as legal nonconforming once the building permit is closed and that reconstruction after damage would require compliance with the 7.5‑foot setback.

Board members described the request as de minimis and moved to recommend approval with staff conditions: 1) the variance pertains only to the addition depicted in V‑06‑2025; 2) the variance will expire once the building permit is finalized and the addition will be considered legal nonconforming; and 3) any repair or reconstruction must comply with Punta Gorda code. The board voted in favor; the transcript records aye votes but does not provide a numeric roll call tally.

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