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Board approves variance to legalize east-side setback after permitting oversight
Summary
BZA approved VAR-26-006 allowing a single-family home at 25619 Deep Creek Boulevard to remain 2 feet closer to the east property line than code requires; staff said the error occurred during permitting and recommended conditions limiting the variance to the existing residence.
Charlotte County's Board of Zoning Appeals on March 11 approved VAR-26-006, which reduces the required 15-foot east-side setback to 13 feet for an existing single-family residence at 25619 Deep Creek Boulevard in Punta Gorda. The request was presented as a correction to a permitting oversight involving Adams Homes of Northwest Florida, Inc., and property owner Cheryl Borget.
Elizabeth Nocek, senior planner, explained staff's findings: the residence was permitted with an approved site plan showing a 12-foot proposed east-side setback but the final construction resulted in a 13-foot setback—two feet closer than the 15-foot requirement for structures abutting a street. "The required side yard setback when abutting a street is 15 feet. Unfortunately, this measurement was missed by the zoning review staff and the site plan was approved in error," Nocek said.
Cheryl Borget, who lives at the property, told the board the pool on the site has already been constructed. Adams Homes representative Billy Joe Bransfield confirmed the developer provided a site plan and survey and acknowledged that neither the builder nor county reviewers caught the discrepancy during permitting.
Nocek recommended approval with conditions that limit the variance to the existing single-family residence as shown and that the variance would expire if the residence is removed or replaced (except after a natural disaster). A board member moved to approve VAR-26-006 incorporating the three staff-recommended conditions; the motion carried by voice vote.
The action resolves the setback discrepancy for the property while limiting future development options unless a new variance is granted.
