Polk County Land Use Hearing Officer - 2026-01-22

Kimberly Harris requested variance to reduce rear accessory structure setback from 10 feet to 2 feet for one shed, and right-of-way accessory structure setback from 20 feet to 2 feet for a second shed on 0.12 acres in residential suburban district. Sheds were placed by tenants in 2023 and owner was cited by code enforcement. Property is part of Sky View pre-existing PUD from 1964, lot 723 of unrecorded Sky View State Subdivision.

Patricia Cordaro requested variance to construct 1,500 square foot accessory dwelling unit exceeding the 1,000 square foot cap on 2.13 acres in residential suburban district. Staff recommended approval. Four letters in opposition received. Multiple neighbors testified against, citing concerns about subdivision precedent, neighborhood character, and that 1,500 sq ft constitutes a full home not an ADU. Applicant stated ADU is for parents and grandmother. Property cannot be subdivided as it wouldn't meet 5-acre minimum lot size requirement.

Marcus Davila requested primary structure rear setback reduction from 10 feet to 7 feet for installation of 22 by 20 solid aluminum roof in Poinciana PUD 9812 Sola Vida development. Staff recommended approval. Since 2020, county has approved approximately 53 variances in Poinciana/Sola Vita developments, with 49 being for solid roof installations over screen enclosures. No public opposition.

Paolo Carneiro requested primary structure rear setback reduction from 15 feet to 5 feet for insulated solid aluminum roof patio enclosure on 3.31 acres in residential low four district, Ronald Reagan select area plan, PUD 89-10. Staff recommended approval. One letter in opposition received regarding potential encroachment concerns. Applicant Ragbir Buller stated need for covered area for grandchildren. HOA has approved the project.

Steven Williams on behalf of Joan Vasquez requested variance to reduce primary structure side setback from 10 feet to 4 feet for addition to single family home on 0.23 acres in residential suburban district. Property was cited by code enforcement for building without permit. Original contractor failed to obtain permits. Property comprises lots 184-187 of unrecorded Mobile Home Village subdivision.

Amin Nathani had requested variance to allow alcohol package store with 3PS license within 750 feet of two religious institutions on 3.27 acres in regional activity center district, North US 27 selected area plan. Case withdrawn as no longer necessary after Board of County Commissioners passed ordinance on January 21, 2026 changing alcohol distance requirements from 2,500 feet to 750 feet measured by pedestrian travel route rather than property lines.

Carl Kelly requested ADU larger than 1,000 square feet (1,736 sq ft) on 2.32 acres in residential low 2 district to keep existing 1970s dwelling while building new 3,500-4,000 sq ft primary residence. Staff noted property could legally be subdivided under current zoning (2 units per acre). Significant neighborhood opposition with multiple residents testifying against, citing concerns about precedent, neighborhood character, and that property has been listed for sale since September. Neighbors also raised concerns about existing code violations on the road including unpermitted RV dwellings.

Wesley Holly requested variance to reduce accessory structure side setback from 5 feet to 2 feet for carport on 0.55 acres in residential low 2 district. Staff noted narrow lot width limits buildable area. Adjacent neighbor signed affidavit in favor of setback reduction. No public opposition.