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Board approves variance to allow second-story addition on Englewood home affected by hurricane damage
Summary
The Board of Zoning Appeals granted VAR-25-013, allowing a reduction of the 25-foot front-yard setback to 12 feet so a 1962 nonconforming Englewood home can be elevated and redeveloped to meet FEMA elevation requirements following repeated storm damage.
Charlotte County's Board of Zoning Appeals approved VAR-25-013 Nov. 19, a variance that reduces a required 25-foot front-yard setback by 13 feet to permit a second-story addition at 1022 Newton Street in Englewood.
Senior planner Elizabeth Nocek presented the application on behalf of Community Development, explaining the structure (built in 1962) is a nonconforming home that already encroaches 11 feet into the front-yard setback and sustained repeated storm damage. Nocek said the FEMA substantial-improvement threshold (the "50% rule") required elevating the habitable portion of the dwelling, and that converting the first floor to storage and placing living space on a new second story is the least intrusive means to comply with building and flood-elevation rules.
Nocek summarized findings for all five variance standards: unique site conditions (irregular pie-shaped lot at a cul-de-sac and preexisting nonconforming structure), undue hardship (flood-elevation requirements make literal enforcement impractical), compatibility (proposed encroachment is limited and supported by adjacent neighbors), origin of condition (preexisting code adoption and storm damage), and minimum relief (the request is the least modification needed). Staff recommended approval with three conditions limiting the variance to the existing residence and requiring reapplication if the structure is removed.
Applicant Tony Mannert testified he bought the home in 2009 and now needs to raise it for resilience; he told the board storm damage and FEMA rules left him financially able to elevate but requiring the variance to avoid demolition.
A motion to approve the variance, with staff's conditions attached, passed unanimously in the hearing. The board's approval allows the owner to proceed with required design and building-permit steps subject to the variance conditions and applicable building-code and environmental reviews.
