BZA approves front-yard variance for Manasota Key replacement home despite staff objections

The Charlotte County Board of Zoning Appeals voted on March 11 to approve VAR-26-007, allowing a 5-foot reduction to the front-yard setback for a replacement single-family residence at 1155 Little Court on Manasota Key in Englewood. The applicants are identified in the staff report as Kathleen White and Gregory Yegel.

Elizabeth Nocek, senior planner, reviewed the history: the original home (built in 1963) was destroyed by Hurricane Milton, the lot is irregular and measures about 6,553 square feet (below the 7,500-square-foot minimum for the MMF 7.5 district), and the applicants had an approved site plan that staff said already demonstrates the proposed residence could meet required setbacks. Nocek told the board staff's professional opinion was that the requested variance did not meet the intent of the variance process because an approved site plan and the county's disaster-recovery provision allow reconstruction consistent with code. "While staff understands the applicant's desire to move the proposed residence closer to the front property line, staff's professional opinion is that the requested variance does not meet the intent of the code," Nocek said.

An applicant representative described the desire to line up the replacement home's front corners with neighboring houses and noted a delay related to an eagle's nest that will take about 60 days to fledge. Board members questioned fill, elevation and whether the approved site plan or disaster-recovery rules provided alternatives.

Despite staff's recommendation against the variance, a board member moved to approve VAR-26-007 and the motion carried by voice vote. The decision authorizes the applicants to build the replacement home with a 25-foot front-yard setback and includes the standard staff conditions that limit relief to the proposed residence and cause the variance to expire if the house is removed or replaced (except after a natural disaster).