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Bobby Prestwood seeks variance to legalize carport 12 feet from right-of-way near Lake Lowry Road
Summary
Bobby Prestwood asked the Polk County land-use hearing officer to reduce a 35-foot right-of-way setback to 12 feet to accommodate an already-built carport at 1001 Lake Lowry Road. Staff reported a related code-enforcement case is pending and recommended approval; no public comment was offered.
The Polk County land-use hearing officer heard LDLVAR2025-39, in which Bobby Prestwood requests a variance reducing the required right-of-way setback from 35 feet to 12 feet to accommodate an already-constructed carport at 1001 Lake Lowry Road. County staff described the parcel as 1.71 acres in the agricultural residential rural district and said mailed and posted notices were sent; staff reported no public responses. JPSim Land Development, representing the applicant, said site images and measurements show the carport sits roughly 12 feet from the right-of-way and that traffic patterns make the location less concerning.
"Doing a measurement with our aerials, we do show that the distance... the carport and the right of way is about 12 feet," the applicant's representative said, adding that "it does not present any kind of danger to the roadways." Staff noted a code-enforcement file (CMA2024389) appears to be awaiting resolution dependent on the variance; the hearing officer opened public comment and, receiving none, closed comment and told attendees the written final order would be issued within 14 days.
What happens next: the hearing officer will issue a written decision within the 14-day timeline stated at the hearing. The record shows staff recommended approval; no vote or final disposition was given on the record that day.
