Board of Zoning Appeals - Regular Meeting

Thank you.

Good morning, everyone. Welcome to Charlotte County Board of Zoning Appeals, September 9th, 2026 at 9 o'clock. If I could talk, I want to please stand up for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you. You may be seated. Ms. Sargent, will you please call roll call?

Okay. Steve Vieira. Here. Phillip Smallwood. Here. Nicole Bayer. Here. Blair McFady. Here. Andrew Filio.

Here.

Okay. We have a quorum. Go forward.

Great. Anybody today that thinks they want to speak, please stand up, raise your right hand. Look at Ms. Sargent and she'll swear you in. Anybody wants to speak today, please stand up now.

Do you solemnly swear the testimony about to give us the truth, the whole truth and nothing but the truth? Please say I do. I do. Okay, you may be seated, thank you.

Could I get approval minutes from August 12th, 2026? Move approval. Second. Any discussion? All in favor? Aye. Aye. Motion carries, thank you. Reminder everybody to turn in your disclosure forms. Thank you. Next we have our zoning official, Sean Coleman.

Good morning everybody. Wow, it's going to be one of those days. Sean Collin, planning zoning official. Today we have one variance and two special exceptions. The Board of Zoning Appeals is empowered to grant special exceptions and variances to the zoning code. hear appeals from decisions of the zoning official upon showing that all required criteria have been satisfied generally the variance process is intended to provide limited relief from the requirements of the zoning regulations in those cases where strict application of the requirements will create a practical difficulty or undue hardship as distinguished from a mere inconvenience prohibiting the use of land in a manner otherwise allowed under the zoning regulations A variance is intended to provide relief in limited circumstances where the requirements of the zoning regulations render the land difficult to use because of some unique, exceptional or extraordinary physical attribute of the property itself or some other extraordinary factor for which the variance is requested. A variance shall be granted only if all five of the approval criteria are found to exist. In granting a variance, the Board of Zoning Appeals may impose such conditions and restrictions upon the premises benefited by the variance as may be necessary to allow the positive finding to be made on any of the foregoing factors or to minimize the injurious effect of the variance. Generally, a special exception is permission for a use that would not be permissible generally or without restriction throughout a zoning district but which, if controlled as to area, location, relation to the neighborhood, and other such restrictions as may be deemed appropriate in each case, would be compatible with surrounding land uses and found to be consistent with the comprehensive plan of Charlotte County. A special exception shall be granted only if all three of the approval criteria are satisfied. Thank you.

Thank you.

Next from our legal department. Good morning. The Board of Zoning Appeals is a quasi-judicial body. This means that all interested persons have a right to be heard and present evidence. This board has no authority to change the zoning regulations, nor may it rezone property. All decisions of this board must be based on evidence presented to it. Only competent, substantial, sworn, factual evidence, and expert opinions, if offered and accepted, may be properly considered by the board. All documentation presented to the board or county staff will be retained as part of the official record of the proceedings. Decisions of this board must be by majority vote. Tie votes do not carry the motion made. If an application is approved, there may still be other approvals or permits required before any development activity may commence. Please consult county staff in this regard. Deed restrictions are private agreements. This board does not have the authority to consider, modify, or rescind them. Judicial appeals must be made to the circuit court within 30 days of written decision by the Board of Zoning Appeals.

Thank you. Next, I'll go over the proceedings. The county staff will make the initial presentation for each request. The applicant or the applicant's representative shall then make their presentation, present evidence, and answer any questions board members may have. Instituted persons for or against the petition will then be invited to testify, answer any questions board members may have. All persons shall have the right of reasonable cross-examination of the witness. The applicant or the applicant's representative shall have the right to present any rebuttal evidence and make closing statements. the county staff shall have the opportunity to present rebuttal evidence in closing statements after which time the public hearing will be closed except that the applicants of the applicant's representative may present additional rebuttal evidence relevant to the county staff closing evidence and statements if you come up to speak tell us you've been sworn in sign in give us your name miss elizabeth no check we'll do the presentations for charlotte county and we're going to start off with petition variance 26-020

Thank you Mr. Chair good morning everyone for the record Elizabeth Nocheck AICP senior planner for the Community Development Department I'm the project planner for this application and I have been sworn at this time I request I be accepted as an expert in planning based upon the summary of my qualifications which are set forth in exhibit 1 to the staff report notice of this public hearing was given in accordance with county code through mailings postings and publication this is petition VAR-26-020 miss katarina krestov or kate is requesting a variance to reduce the required 7.5 foot west side yard setback by 2.5 feet to allow a five foot west side yard setback to allow an existing single family residence to remain as is in its current location on subject property and for a new swimming pool pool deck and pool cage in the residential single family 3.5 zoning district This property is located at 9288 Poplar Avenue in Englewood. On your screen now is the 1,000 foot mail notification area map for mailers that were sent out for this petition. And this is the location map for subject property. On your screen now is the zoning map for the property which is RSF 3.5 and it also shows the zoning of the surrounding area. The subject property has a future land use map designation of low density residential. The area image on your screen now shows the location of subject property on the north side of Poplar Avenue to the west of Pinnell Street and to the north of South McCall Road in Englewood. On your screen now is the 2026 aerial photograph showing a close-up view of subject property and the adjacent parcels. And this is the aerial view from Eagle View. Section 3-9-33 of the county code establishes the regulations for the RSF 3.5 zoning designation, which includes the requirement for a 7.5 foot side yard setback for all structures. And the applicant is provided a narrative which gives an overview of their request and addresses the five approval criteria for variances. The applicants purchased the property and applied for a building permit in 2020 to construct a new single family residence. The permit was issued and construction of the residence began, but it was interrupted by Hurricane Ian in 2022. The residence is now complete with only landscaping and pavers left to install. And when the applicant applied for a swimming pool permit, in may of 2026 at the time an as-built survey was completed and it was discovered that the single-family residence had been placed approximately two feet into the required 7.5 foot west side yard setback applicant is requesting this variance to allow the existing residents to remain as is in its current location as a legally non-conforming structure and to allow the construction of the new swimming pool pool deck and pool cage in line with the existing residents photographs of the property have been provided by the applicant this shows the existing house the front of it and this is a rear view Applicant has provided the attached as-built survey showing the current conditions of the property The property is a single lot measuring approximately 10,000 square feet in area and has been developed with a new single-family residence Which is nearly complete The property was originally plotted in 1960 as part of section 73 of the Port Charlotte subdivision which is shown here on your screen on the plot map and The site plan on your screen now shows the footprint of the single-family residence and the location of the proposed swimming pool, pool deck, and pool cage. The Community Development Department's environmental specialist has performed a cursory environmental review, and their comments are in the attached memorandum, dated August 12, 2026. So for our findings, the five standards for approval of a variance according to Section 3-9-6.3 of the Charlotte County Zoning Code are as follows. Number one, unique or peculiar conditions or circumstances exist which relate to the location, size, and characteristics of the land or structure involved and are not generally applicable to other lands or structures. finding is that unique or peculiar conditions or circumstances relating to the location size and characteristics of the land and structure involved can be found to exist while subject property is a single lot and meets the minimum lot size requirement of 10 000 square feet for rsf 3.5 zone properties they have an approved site plan from the building permit which is on your screen now the approved site plan shows the residents with a side yard setback of 7.9 feet and then if you look at the as-built survey here on your screen now the west side yard setback is at 5.88 feet and an east side yard setback of 14.8 feet it is likely that the survey stakes were shifted slightly during the development process which was interrupted by hurricane ian in 2022 and was not caught until construction of the residence was virtually completed While there are no unique features of the property itself, the situation can be considered unique due to the circumstances surrounding the development of subject property in 2022. Number two, the strict and literal enforcement of the zoning section of the land development regulations would create an undue hardship as distinguished from a mere inconvenience on the property owners. Our finding is that the strict and literal enforcement of the required seven and a half foot side yard setback can be considered an undue hardship as distinguished from a mere inconvenience as the only way to rectify the situation without a variance would be to demolish the residence, which is complete except for the landscaping and paver installation. The residence cannot receive a certificate of occupancy until the issue is resolved and the structure is made legally nonconforming by the approval of the requested variance. The proposed swimming pool pool deck and pool cage would line up with the side of the existing residence and for these reasons staff believes the denial of the requested variance would constitute an undue hardship as distinguished from a mere inconvenience. Number three, the granting of a variance could not be injurious to or incompatible with contiguous uses, the surrounding neighborhood, or otherwise detrimental to the public welfare. Our finding is that any new development in the surrounding area is likely to be low density residential in nature, given the existing zoning and future land use map designations. The principal use of the property will continue to be the single family residence, and the proposed swimming pool is an accessory structure that is customary in residential neighborhoods. Staff is unaware of any evidence that the granting of the requested variants would be injurious to or incompatible with contiguous uses the surrounding neighborhood or otherwise detrimental to the public welfare Number four, the condition giving rise to the requested variance has not been created by any person presently having an interest in the property and the conditions cannot be reasonably corrected or avoided. Our finding is that the conditions giving rise to the requested variance were created unintentionally by the licensed professionals who designed and constructed the residence. While the property owners are ultimately responsible for the conditions of their property, the applicant relied on licensed professionals to perform the work. The foundation was poured after Hurricane Ian and it is likely that the survey stakes were moved by the storm. While the contractor should have verified the placement of the foundation prior to pouring the slab, the only way to correct the location of the residence at this point without a variance would be to demolish and rebuild the structure, which staff finds to be an unreasonable condition that cannot be corrected or avoided by the applicant. And number five, the requested variance is the minimum modification of the regulation at issue that will afford relief. And our finding is that the requested variance is the minimum modification of the regulation at issue that will afford relief and allow the existing single family residence to remain as is in its current location on subject property. and to allow the proposed swimming pool, pool deck, and pool cage to be constructed in line with the single-family residence. And that's a summary of our staff report, Mr. Chair. I'd be happy to answer any questions.

Thank you. Anybody have questions for Elizabeth? At this time, would the applicant please come up? Good morning.

Good morning.

If you state your name, tell us you've been sworn.

My name is Kate Krestoff. And then sign in. Uh-huh.

Sign it.

Oh, sign in on the paper? Thank you. Okay. Okay.

The podium's yours. You want to say anything?

I think Elizabeth covered every single point. I mean, it wasn't intentional, obviously. We did not discover until the very end. So for us to correct it would be a catastrophic, you know, financially and mean demolishing the whole structure one thing i would add maybe we are interested in buying a lot on the west side we own an empty lot on the east side so i think eventually at some point we would combine it and make it a double lot it's just when we looked into purchasing that property it was really hard to find an owner it's like under three different businesses and there wasn't even a phone number. So maybe eventually when it goes up on the market, our plan is to buy the lot where the setback is.

Okay. Anybody have any questions for her? Thank you.

You're welcome.

Sorry this is happening to you.

Hopefully we can get it resolved and move with the construction.

I hope your builder is paying for this.

Oh, it's on a builder.

Oh, okay. I'll open for public comment right now. Seeing none, I'll close with public comment.

move to close public comment seconded all in favor aye aye miss no check thank you mr chair for our recommendation after review of the site and the application requesting the variance it is staff's professional opinion that the proposed variance does meet the five criteria for granting a variance staff notes each variance request is reviewed on a case-by-case basis and the decision of the board of zoning appeals does not create a precedent If the Board of Zoning Appeals decides to approve the requested variance, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the variance as approved by the Board of Zoning Appeals is to reduce the required 7.5 foot west side yard setback by 2.5 feet to allow a 5 foot west side yard setback to allow an existing single family residence to remain as is in its current location on subject property and for a new swimming pool, pool deck, and pool cage. Number two, the variance shall apply only to the existing single family residence and the proposed swimming pool, pool deck, and pool cage as shown in the document submitted with this application. The approval of the variance shall not validate any easement encroachments, lot line encroachments, unpermitted construction, or violations of any other code requirements. And number three, if the single family residence, swimming pool, pool deck, or pool cage are removed or replaced, this variant shall expire and all future development must be constructed in accordance with all applicable codes in existence at that time, unless a new variance is granted specific to the development proposed at that time. This condition shall not apply to the removal or replacement caused by a natural disaster or involuntary destruction of the single-family residence, swimming pool, pool deck, or pool cage. Thank you, Mr. Chair.

Thank you. I recommend when you're building a house, you get a surveyor to lay out your four corners and give you an elevation for your elevation certificate so you know you're poor, you still have the right height. And the nails on the road don't move during a storm, just FYI. But I'm looking for a motion.

Mr. Chairman, I have that motion. Thank you.

Mr. Chairman, I would move that VAR-26-020 be approved based on the Community Development Department staff report dated September 2, 2026, that the evidence presented at the hearing and the finding that the applicant has met the required criteria for the granting of the variance. Included is the recommendations 1, 2, and 3 as conditions of approval.

Thank you, we have a motion, do we have a second? Second. Any discussion? All in favor? Aye. Aye. You have your house the way it is. Congratulations. Next, we're going to petition SE 26-011 and Ms. Nocheck again will do the presentation.

All right thank you Mr. Chair again for the record Elizabeth Nocheck AICP senior planner for the community development department I'm the project planner for this application and I have been sworn at this time I request I be accepted as an expert in planning based upon the summary of my qualifications which are set forth in exhibit one to the staff report notice of this public hearing was given in accordance with county code through mailings postings and publication this is petition SE-26-011 Mr. Bart Simon, representative for Bluestream Fiber, is requesting a special exception to allow an essential services facility consisting of a fiber optics utility shelter in the residential single family 3.5 zoning district. The property is located at 14859 Ingraham Boulevard in Port Charlotte. On your screen now is the 1,000 foot mail notification area map for mailers that were sent out for this petition. And this is the location map for subject property. The zoning map on your screen now shows the zoning of subject property, which is RSF 3.5, and the zoning of the surrounding area. This is the area image for subject property, which has a future land use map designation of public lands and facilities. The area image shows the location of subject property on the south side of Ingraham Boulevard, which is in the South Gulf Cove neighborhood of Port Charlotte. The site image on your screen now is a 2026 aerial photograph showing a close-up view of subject property and the adjacent parcels, and this is the 2025 Eagle View image of the area. This is the South Gulf Cove Clubhouse location, just so we're all clear, that's what we're talking about. Section 3-9-33 of the Land Development Regulations establishes the regulations for the RSF Zoning District section 3-9-33 f8 allows for essential services as a special exception use if approved by the board of zoning appeals the proposed use may be allowed as a special exception provided the applicant complies with all development standards as well as reasonable conditions imposed by the board of zoning appeals the applicant has provided near provided an provided a narrative which provides an overview of their proposal and addresses the three approval criteria for special exceptions. The applicant is proposing to construct a fiber optics utility shelter behind the existing clubhouse building on the property. the applicant has provided the survey that is on your screen now showing the current conditions of the property property is approximately 9.5 acres in area and has been developed with a 3320 square foot building which is used as the clubhouse for the south gulf cove hoa it also has a covered pavilion area several storage sheds and a driveway your screen now is concept plan which shows the proposed utility shelter behind the existing clubhouse this is a close-up view of the area there are no other improvements proposed at this site at this time currently a portion of the clubhouse is used as a server room for the blue stream fiber company but due to growing coming growing demand additional server space is needed which would be provided by the proposed utility shelter a letter from the south gulf cove hoa president is provided in the narrative stating that the proposed location is suitable and would not interfere with any future improvements to the site should the south gulf cove hoa decide to add any future recreational amenities or other hoa related uses or structures renderings of the proposed utility shelter are provided in the concept plans we have one here that shows the this is the utility shelter and this is the proposed generator behind it the attached supplemental information packet provides engineering specifications and more details regarding the proposed utility shelter building The proposed shelter is approximately 8.5 feet in width, 19 feet in length, and 9 feet in height, and will be placed on a concrete pad. A generator is proposed behind the utility shelter for emergency use in the event of a power outage. The concept plans also show a landscape buffer surrounding the equipment area. The Community Development Department's environmental specialist has performed a cursory environmental review, and their comments are in the attached memorandum dated August 12, 2026. So for our findings, the three standards for approval of a special exception according to section 3-9-6.2i of the Charlotte County Zoning Code are as follows. Number one, the proposed special exception is consistent with the comprehensive plan. Our finding is that subject property is located in the urban service area and the proposed fiber optics utility shelter falls under the general range of uses in the future land use classification for properties with a future land use map designation of public lands and facilities. The principal use of subject property is and will continue to be the clubhouse for the South Gulf Cove HOA. The proposed utility shelter is an accessory use that supports the neighborhood utility services and utilities are expressly permitted under this future land use map designation. The proposed special exception to allow an essential services facility consisting of a fiber optics utility shelter can be considered consistent with the comprehensive plan. Number two, the proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist. Our finding is that subject property is located on the south side of Ingraham Boulevard to the east of Calumet Boulevard to the west of Hallandale Drive to the north of Keystone Boulevard in the South Gulf Coast. neighborhood of port charlotte the surrounding land uses consist primarily of single-family residences and vacant residential lots as well as a parcel here to the northeast which you can see on the zoning map which is owned commercial general and is currently under development for building trade contractors office any future development in the surrounding area is likely to be low density residential in nature given the existing zoning and future land use map designations staff is unaware of any evidence that the proposed special exception to construct a fiber optics utility shelter behind the existing clubhouse would be incompatible with existing and permitted uses surrounding the land on which the proposed special exception would exist subject property is approximately 9.5 acres in area and is largely undeveloped with the exception of the clubhouse and related site improvements near the front of the site the proposed utility shelter would be screened from view and staff is recommending a type B landscape buffer to make the proposed shelter more compatible as shown on the concept plans here again try to get a better view the proposed utility shelter is located approximately 178 feet from the west property line 230 feet from the north which is the front property line 465 feet from the east property line and 748 feet from the south property line the nearest single-family residence is located to the west of subject property and is at least 178 feet from the proposed utility shelter site staff's professional opinion is that the proposed essential service facility consisting of a fiber optics utility shelter can be considered compatible with existing and permitted uses surrounding the land on which the proposed structure would exist And number three, the establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. Our finding is that the applicant has provided a detailed description of the proposed fiber optics utility shelter construction and functionality in their narrative. The utility installation would be unmanned and would only be visited occasionally by Bluestream Fiber employees for maintenance and inspections. The generator would only be used in the event of a power outage and the entire utility compound area will be screened with a landscaping buffer. The proposed fiber optics utility shelter is not a data center, and it will allow for increased capacity and better service distribution for Bluestream Fiber customers in the South Gulf Cove neighborhood. Staff's professional opinion is that, as conditioned, the establishment, maintenance, or operation of the proposed fiber optics utility shed is unlikely to be detrimental to or endanger the public health, safety, or general welfare. The summary of our staff report. Mr. Chair, I'd be happy to answer any questions.

Thank you.

sean this seems like a good spot for this where else would they put this in what sensor by residential line put on it or where else would they put it i'm just curious because it seems like a good location for it uh it it does appear options is what i'm asking i don't know of any that would be a question for them essentially what this is it's essential in my understanding and we can ask the applicant further as i some people may consider this to be a data center this is more like the old-fashioned switchboards where basically even though it says servers in there no data is being processed at this site this is just you know you see these cabinets along the roads this is just for the entire neighborhood which is why it needs to be a larger cabinet and it's an air conditioner correct yep so steve go ahead you got a question

We've gone to the extent to say that it is not a data center. I just want to make sure that when we make a decision here that it's not a prelude to a data center. We're in an essential services area. We've got the right zoning to it. So I'm looking for some sort of a guarantee that we're not opening the door in Charlotte County to have a data center put in as an example. So I need some insurances on that before I can move forward on it.

yes sir this is a unique situation in my opinion and I can defer to legal this does not create any kind of a precedent because again all this is this is no different as I said from the cabinets that you see along the roadways for like lighting and things like that it's just basically You've got your computer in your house and you've got your router that you plug the wires into. This is a big router room. So basically all the wires that go out to the various roads and that eventually go to the homes this is just that centralized location but no data processing is here we could add a condition that states that no add you know no data processing if you if you so choose but we did have this same discussion internally as to whether this was or not um the data centers that are being talked about very heavily right now they actually do processing hence the need for the really significant cooling and power This is basically just a big, I equate it to the old telephone switchboards of yore, where you see people plugging things in. It's just a modern version of that.

Thank you. Sir? I completely concur. Okay, thank you. Are you good, Steve? I'm good right now, yeah. Okay, at this time with AppCamp, please come forward. You didn't really answer my question, but it's okay. Good morning. Good morning.

Bart Simon.

Ask him, I guess.

Okay, good morning. Just want to reiterate what Mr. Cullinan said. This is absolutely not a data center. The equipment that we're putting in here is, not to reiterate what he said, this equipment is already all throughout the county, the state, everywhere in the smaller boxes you see on the side of the road. because of the uh growth that's going to be going on in South Gulf Cove um like you said we this equipment already exists on that same property just in a lot smaller form we have a small room in that existing building um this is just going to allow them to the capacity to serve the growing needs of the neighborhood and keep it competitive you know I believe Comcast AT&T also in that area They all have stuff in that area as well, so it wouldn't be a surprise in the future because, again, the current growth. If those two companies also start coming to look for bigger, or they might just have more boxes around the area and stuff like that. But we can definitely put a guarantee that this is not a data center, a prerequisite to one. Like I said, this equipment is literally already existing out there. It's just going to be a little bit more of it to cover the possible expansion of the area.

Anybody have any questions? I'm just curious, it looks like a great location for it. Where else would you put something like that?

Something this big. We've worked with them currently because we already have equipment in their building. It just happened to be the best location. I don't know. We didn't really start looking because this was such a good location. We were able to tuck it behind the current building there so it wouldn't be seen from the road. It's not going to interfere with future use of the property. We confirmed that and we sent information from the HOA president in with the application. So it worked out perfectly actually for us.

Great. Thank you, sir.

No problem.

You may be seated.

No, just a statement, no question, but I just wanted to make sure that we had that on the record with all the controversy surrounding the discussion about data centers. I just wanted to make sure it was clear to the public that we're not opening the door for a data center to be developed in South Gulf Cove. Thank you. Thank you, sir.

I would agree with that statement 100%.

Thank you.

at this time i open for public comment anybody would like to come up and speak the honest opportunity mr chair while we're waiting for the huge crowd to come forward today um i did receive an email from one of the neighbors who was unable to attend uh just requesting consideration of a possible condition regarding the generator testing that it should only be done between 9 a.m and 5 p.m so i'll distribute that and for the record this will be labeled exhibit h

That's usually normal for January testing because this business has business hours, correct?

And that's not a problem. I believe they test once a week. That often? I'm sorry? That often?

I believe it's once a week.

Yeah, they test once a week and we can set it to any time, I believe we set it to any time.

Okay, if you could do it between nine and five, we'd appreciate it.

that's not a problem thank you and just so you know these generators are they're they're quiet they're not like your home generators that you hear during a hurricane they sound like a car once it starts up it's like a car engine running so once you walk away you can't you won't even hear from from england road or anything like that seeing nobody coming up for public comment i'd like to close the public comment motion to close the public comment

Second. All in favor? Aye. Thank you, sir. Ms. Nocheck?

Thank you, Mr. Chair, for a recommendation. After review of the site and the application requesting the special exception, it is staff's professional opinion that the proposed special exception to allow an essential services facility consisting of a fiber optics utility shelter does meet the three criteria for granting a special exception. Staff notes each special exception request is reviewed on a case-by-case basis, and the decision of the Board of Zoning Appeals does not create a precedent. If the Board of Zoning Appeals decides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception as approved by the Board of Zoning Appeals is to allow an essential services facility consisting of a fiber optics utility shelter and extends only to the lands included in the site plans and legal descriptions submitted with this application. the approval of the special exception shall not validate in the easement encroachments lot line encroachments unpermitted construction or violations of any other code requirements number two a type b landscape buffer shall be installed and planted around the west south and east boundaries of the utility compound area the final design of the buffer shall be designed shall be determined during the site plan review process Number three, the applicant shall obtain all necessary permits and approvals as applicable to this development, including but not limited to site plan review, building permits, vegetation removal, environmental review, and landscape plan approval. And number four, any major changes or additions to the special exception shall require a modification of the special exception, including a change in size of the shelter or scope of the services. Minor changes or additions such as accessory uses may be approved by the zoning official. Thank you, Mr. Chair.

Thank you. Looking for a motion.

I move that SE-26-011 be approved based on the Community Development Department staff report dated September 2nd, 2026. The evidence presented at the hearing and finding of the applicant has met the required criteria for granting of the special exception. The following conditions, one through four, should be kept.

Is there a motion to have a second? Second. Second. Any discussion? Seeing none, all in favor? Aye. Aye. You have your facility, thank you.

Thank you everyone for your time this morning.

Ms. Nowachek, this is the one you're looking for, petition SE26-0121.

Yes thank you Mr. Chair good morning again for the record Elizabeth Nocheck AICP senior planner for the Community Development Department I'm the project planner for this application and I have been sworn at this time I request I be accepted as an expert in planning based upon the summary of my qualifications which are set forth in exhibit 1 to the staff report notice of this public hearing was given in accordance with county code through mailings postings and publication this is petition SE-26-012 Mr. Javier Brueta is requesting a special exception to exceed the total maximum square footage of 3,000 square feet of accessory structures for a property greater than 1 1⁄2 acre in size to allow a 6,000 square foot pole barn in the manufactured home conventional zoning district. The proposed use is to be located at 40211 Little Farm Road in Punta Gorda. On your screen now is the mailed notification area map for mailers that were sent out for this petition, and this is the location map for subject property. The zoning map on your screen now shows the zoning of subject property, which is MHC, and the zoning of the surrounding area. Subject property has a future land use map designation of low density residential. The area image on your screen now shows the location of subject property on the south side of Little Farm Road to the west of State Road 31 near Babcock Ranch in southeast Punta Gorda. the site image on your screen now is the 2026 aerial photograph showing a close-up view of subject property and the adjacent parcels and this is the 2026 eagle view image of the site section 3-9-37 of the land development regulations establishes the regulations for the mhc zoning district Section 3-9-37C1D provides standards for accessory structures based on parcel size. If a parcel is greater than 1 1⁄2 acre in size, this subsection of code establishes a total maximum footprint of all detached accessory structures not to exceed 3,000 square feet, and this subsection of code also states that a property owner may apply for a special exception to exceed the total maximum accessory structure size limitations contained in this section. This section of code also establishes the minimum lot size for MHC zone properties of 7,500 square feet, which the property well exceeds at 2.54 acres. The proposed use may be allowed as a special exception provided the applicant complies with all development standards as well as reasonable conditions imposed by the Board of Zoning Appeals. The applicant has submitted a narrative which provides an overview of their proposal and addresses the three approval criteria for special exceptions. The applicant applied for a building permit in 2026 to construct a 6,000 square foot pole barn in April of 2026 and the permit was approved by zoning in error and the permit was issued and the pole barn is currently under construction the error was caught in august of 2026 and the applicant is working to resolve the situation by applying for the required special exception the applicant would have applied for the special exception prior to permitting had they known it was required the applicant has operated in good faith relied on a permit they believe to have been issued correctly and is now taking the appropriate steps to make the structure legally conforming photographs of the property and the structure have been provided by the applicant in their narrative as you can see this is the rear of subject property the pole barn is currently under construction and this is a nice view of the back of the property so the survey on your screen shows the current conditions of the property which is approximately 2.54 acres in area and has been developed with a 2 782 square foot single family residence which was built in 2025 as well as a paved driveway the site plans on your screen now show the location of the pole barn on subject property which is located behind the existing single family residence The pole barn is to be used for personal use by the applicant and his family. There is space for storage of personal vehicles and equipment. And the pole barn also contains a basketball court for the applicant's children to use for practice. If approved by the Board of Zoning Appeals, subject property would still comply with a maximum lot coverage of 40%, with a total lot coverage of all structures of 7.9%. And the pole barn accounts for approximately 5.4% of the total land area. county code does not include driveways screened enclosures or swimming pools as part of the lot coverage calculations so the applicant could still construct a swimming pool in the property in the future without needing to modify the special exception if this is approved by the board the applicant does not intend to construct any other accessory structures on the property which would include a shed the community development department's environmental specialist has performed a cursory environmental review and their comments are in the attached memorandum dated august 12 2026. so for our findings the three standards for approval of a special exception according to section 3-96 Point 2i of the Charlotte County zoning code are as follows. Number one, the proposed special exception is consistent with the comprehensive plan. Our finding is that subject property is located in the rural service area, and the proposed pole barn is an accessory structure which falls under the general range of uses for low density residential designated properties. The principal use is and will continue to be the single family residence and the proposed 6,000 square foot pole barn may be permitted with a special exception according to the land development regulations. The proposed special exception may be considered consistent with the comprehensive plan. Number two, the proposed special exception is compatible with existing and permitted uses surrounding the land on which the proposed special exception would exist. Our finding is that subject property is located on the south side of Little Farm Road to the west of State Road 31 and Babcock Ranch in southeast Punta Gorda. The surrounding land uses consist of large lot single family residences and agricultural uses. The MHC zoning is unique to the area as it was originally planned for manufactured homes, but the current development pattern does not match the zoning designation as you can see here on the area image. Any future development in the surrounding area is likely to be low density residential or agricultural in nature given the existing zoning and future land use map designations. Staff's professional opinion is that the pole barn can be considered compatible with existing and permitted uses surrounding the land as pole barns are customary accessory structures in rural residentially zoned areas and the size of the pole barn is not out of character based on the size of the property and the surrounding properties. And number three, the establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. Our finding is that staff is unaware of any evidence that the establishment, maintenance, or operation of the proposed pole barn would be detrimental to or endanger the public health, safety, or general welfare. The pole barn is to be used by the applicant and his family for storage of personal items and provides a covered basketball court for the children to practice. The applicant has operated in good faith and was under the impression they had satisfied all county requirements as they were issued a permit to construct this pole barn. There will not be any hazardous materials or substances stored in the pole barn. the pole barn meets all required setbacks and all other zoning regulations and for these reasons it is staff's professional opinion that has conditioned the establishment maintenance or operation of the pole barn is unlikely to be detrimental to or endanger the public health safety or general welfare it's a summary of our staff report mr chair i'd be happy to answer any questions thank you everybody have a question ab camber you please come up this time good morning it's still morning

Rather I've been sworn in owner at 4 0 2 1 1 Little Farm Road So yours I try to go about it the right way and pull the permit. And it was a small blip when I went to go do the footer inspection for the polls. They told me the permit wasn't good. And then Ms. Elizabeth helped me the whole way through. I was just trying to do it the right way. I'm the girls head coach for Babcock Ranch for my fourth year now, and I just figured instead of driving to Babcock, I can have a basketball court in my backyard and train the girls. But I'm here to answer any questions y'all have.

Anybody have any questions? All right, thank you. You may be seated. Thank you. Appreciate it. At this time, I have to open for public comment. Seeing none, can I close the public comment, please? Move to close public comment.

Second.

All in favor? Aye. Ms. Nowachek.

Thank you, Mr. Chair, for our recommendation. After review of the site and the application requesting a special exception, it is staff's professional opinion that the proposed special exception to exceed the maximum square footage of accessory structures of 3,000 square feet for a property greater than one half acre in size to allow a 6,000 square foot pole barn does meet the three criteria for granting a special exception. Staff notes each special exception request is reviewed on a case-by-case basis, and the decision of the Board of Zoning Appeals does not create a precedent. If the Board of Zoning Appeals decides to approve the requested special exception, staff recommends the following conditions be adopted as conditions of approval to ensure that the use is in compliance with the purpose and intent of the zoning code. The recommended conditions are as follows. Number one, the special exception as approved by the Board of Zoning Appeals is to exceed the maximum of 3,000 square feet of accessory structures on a property greater than 1 1⁄2 acre in size to construct a 6,000 square foot pole barn for a total allowance of 6,000 square feet of accessory structures and extends only to the lands included in the site plans and legal descriptions submitted with this application. The approval of the special exception shall not validate any easement encroachments, lot line encroachments, unpermitted construction, or violations of any other code requirements. Number two, the site plan submitted by the applicant as part of the petition is for illustrative purposes only. All applicable regulations of county code shall apply to this development. The applicant shall obtain all necessary permits and approvals as applicable to the development, including but not limited to building permits. Number three, should the pole barn be enclosed in the future, it shall comply with all design standards set forth in section 3-9-37. Number four, the construction of any additional accessory structures will require a modification of the special exception. And number five, any major changes or additions to the special exception shall require a modification of the special exception. Minor changes or additions, such as accessory uses, may be approved by the zoning official. Thank you, Mr. Chair.

I do have one question. If we failed inspection of footers, how do we get the roof on? How do we get this far?

That would be a question for Sean, I think.

This area of Little Farm Road is a very odd area. It's a legacy issue that we've had. It is outside the urban service area, but it is owned manufactured home conventional. There are a few spots of agricultural sprinkled in, which makes it even more confusing. Staff erred and thought it was agricultural.

No, that's not my question. My question is he filed inspection of footers, but now we've got a roof. so we went ahead and built the whole thing with a film inspection on footers i'm just that makes sense yeah that would be a question i apologize that i can't answer because that's a building question okay i'm looking for a motion either way but

Mr. Chair, I'd like to make a motion, please. I'll move that SC-26-012 be approved based on a community development department staff report dated September 2nd, 2026. The evidence presented at the hearing and finding that the applicant has met the required criteria for granting the special exception. Conditions one through five are attached to this motion.

Second. Motion to second. Any discussion? All in favor? Aye. Aye. You have your poll, have fun playing basketball. No public comments, staff comments?

Thank you, Mr. Chair. For October, we're going to have six items. Some of them are pretty in depth and different than normal, so I would come prepared, maybe bring a snack. It could be a long one. So thank you, it's good to see you all.

Member comments? Next meeting's October 14th. Meeting's adjourned, thank you.