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BZA approves variance allowing misbuilt Port Charlotte home to remain with conditions
Summary
The Charlotte County Board of Zoning Appeals on Dec. 10 approved variances to allow a nearly‑completed Port Charlotte house that was built in the wrong location to remain. Staff cited contractor error and the hardship of demolition; approval requires a recorded easement release and other conditions.
The Charlotte County Board of Zoning Appeals on Dec. 10 approved VAR‑25‑014, granting two variances so a nearly‑completed single‑family home at 14463 Fort Worth Circle in Port Charlotte may remain despite encroaching on required setbacks.
Senior planner Elizabeth Nocek presented the staff report, saying the house was permitted and built but shifted roughly four feet south of the approved location. Staff found the structure encroaches about 2.5 feet into the south side yard and about two inches into the front yard and noted the residence otherwise complies with rear and north side setbacks. Nocek said staff did not find unique physical characteristics of the lot but recognized that demolition and reconstruction to meet the code would be extensive and could constitute an undue hardship.
The applicant’s attorney, Christian Moi, told the board the owner discovered the mistake after pulling the building permit in July 2023, halted work when they learned of the encroachment, and began the variance process about five months ago. Moi said the owner had subcontractors ready to finish the interior and exterior work and estimated that correcting the placement could cost in the tens of thousands of dollars. "We halted work until we could come to you," Moi said.
Staff recommended approval "may meet the five criteria" for a variance under Charlotte County code §3‑9‑6.3 I and proposed conditions to protect the public interest. The board approved the variance with the county’s recommended conditions, which include that the variances apply only to the single‑family residence as shown in submitted documents; that a recorded release of the 6‑foot drainage and utility easement be obtained and provided to the Zoning Department prior to issuance of a final certificate of occupancy; and that the variance expires if the residence is removed or replaced (except for loss due to natural disaster).
The board took a voice vote approving the staff‑recommended motion; individual roll‑call votes were not recorded in the hearing transcript. The recorded release of easement must be provided before a final certificate of occupancy is granted.
