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Applicant says earlier approval supports variance for ADU that exceeds 1,000 sq ft in Auburndale enclave
Summary
Andrew Gerkowski and applicant David Spain presented a variance to allow an accessory dwelling unit (ADU) to exceed the 1,000-square-foot heated-floor cap. Staff recommended approval; the applicant said a prior approval preceded a March code change and that the existing home exceeds the cap by about 104 square feet.
Polk County staff presented LDLVAR2025-42, a variance request to allow an accessory dwelling unit to exceed the 1,000-square-foot heated-floor limit in section 206 of the Land Development Code. Andrew Gerkowski of Land Development said the subject property at 801 Old Winter Haven Road is about 0.69 acres, sits within an enclave surrounded by Auburndale, and that staff recommends approval because the request meets variance criteria and the new primary residence would meet required setbacks.
Applicant David Spain told the hearing the owners had a prior letter of approval before the county changed the ADU maximum in March. "We did have a letter of approval prior to March stating that we could construct a house," Spain said, and added the proposal would leave the existing dwelling as the ADU while the new 2,988-square-foot home becomes the primary residence. Staff recorded that the existing dwelling exceeds the cap by 104 square feet; questions from the hearing officer and a resident led to a discussion of conditioning approval (staff indicated it could require the primary residence to be at least 2,500 square feet to preserve the ADU as secondary). The officer closed public comment with no speakers; he said written findings would follow within the two-week period mentioned earlier.
Staff and the applicant discussed conditions to ensure the ADU remains accessory if approval is granted; no public opposition was recorded at the hearing.
