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Planning board denies variance request for two unpermitted roof patios
Summary
The board denied variance P25-204 requested by Yuraima Garcia Navarro to keep two unpermitted roof patios that encroach into required setbacks, citing precedent and permitting enforcement; vote was 10–1 to deny.
The Port St. Lucie Planning & Zoning Board on March 3 denied a variance request (P25-204) to retain two existing roof patios and an outdoor kitchen that were built without permits at 455 Southwest Kester Drive.
Ivan Bettencourt of the planning department presented the variance application and said the structures encroach into required side setbacks and were built without permits; a code-compliance case was opened in October 2025. Edward Groenwald of the building department confirmed the structures appear to be permanent and said bringing such work into compliance typically carries a double permit fee.
Applicant Yuraima Garcia Navarro (through translator Maria Gallo) told the board the structures were purchased and assembled and the family did not intend to violate local rules. A nearby neighbor, Neil Landrue, spoke in support and said the installations were anchored to concrete and designed to reduce noise toward adjacent homes.
During deliberations, several board members emphasized the need to enforce permitting requirements and avoid creating a precedent that rewards construction without permits. One member said, "We cannot allow this to continue," and urged residents to check permitting requirements before building. Other members noted the applicant could relocate the structures within the required envelope and then apply for permits.
A motion to deny P25-204 Navarro (made and seconded) was approved by roll call, 10 yes to 1 no. The board instructed the applicants to work with staff and the building department to meet proper setbacks and pursue required permits.
