Placement: Public Hearing - Quasi Judicial
Action Requested: Motion / Vote
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P25-052 Villegas, John - Variance
Location: The Property is located at 2681 SW Tanforan Blvd.
Legal Description: Port St. Lucie Section 35, Block 1828 Lot 2
This is a request for a variance of 15.81 feet, which would allow the existing home to maintain a rear yard setback of 9.19 feet. Section 158.073(H)(3) of the City’s Zoning Code states that RS-2 zoned lots are required to maintain a minimum rear yard building setback of 25 feet.
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Submitted By: Ivan Betancourt, Planner I, Planning & Zoning
Executive Summary: This is a request for a variance of 15.81 feet, which would allow the existing home to maintain a rear yard setback of 9.19 feet. Section 158.073(H)(3) of the City’s Zoning Code states that RS-2 zoned lots are required to maintain a minimum rear yard building setback of 25 feet.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Board review the variance request and make a motion to approve, approve with conditions, or deny.
Background: The existing residence on the subject property was originally constructed in 1994, with an intended rear yard setback of 47 feet, as shown in the attached Exhibit A survey. In January 2003, an addition was made to the home; however, no survey documentation is available from the time of that construction. A new survey, completed on March 5, 2025, during the applicant’s efforts to sell the property, revealed that the residence encroaches into the required rear setback (see attached Exhibit B). According to Public Works staff, the original surveyor inaccurately surveyed the property, which led to the home addition being constructed within the rear yard setback area. In efforts to address this issue, Ordinance No. 25-40 was approved by the City Council on July 28, 2025, authorizing the abandonment of a portion of the twenty-foot-wide rear utility and drainage easement. This action was necessary due to the residence also encroaching into that easement.
Issues/Analysis: The Planning and Zoning Board may authorize a variance from the provisions of the Zoning Code as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship. To authorize a variance, the Planning and Zoning Board should consider the criteria listed under Section 158.295 (B) (1) through (7) of the Zoning Code. See the responses to the criteria in the attached staff report.
Special Consideration: NA
Location of Project: 2681 SW Tanforan Blvd
Attachments:
1. Staff Report
2. Exhibit A
3. Exhibit B
4. Variance Application and Criteria Reponses
5. Warranty Deed
6. Staff Presentation