4970 CITY HALL BLVD  
NORTH PORT, FL 34286  
City of North Port  
Meeting Minutes - Final  
Zoning Board of Appeals  
Wednesday, June 29, 2022  
6:00 PM  
City Commission Chambers  
1. CALL TO ORDER  
Chair Martin called the meeting to order at 6:09 p.m.  
2. ROLL CALL  
4 -  
Present  
Chair Timothy Martin, Board Member Ronnie Carroll, Board Member Gustavo  
Collazo, and Board Member Joseph Pumilia  
2 - Vice Chair Robert C. Dyer, and Board Member Mark Mousty  
Absent  
2. Also Present  
Assistant City Attorney Michael Golen, Planning and Zoning Division Manager Lori  
Barnes, Assistant Director/Building Official Derek Applegate, Planner III Sherry  
Willette-Grondin, Planner I Sam Hudson, and Recording Secretary Susan Hale.  
3. PLEDGE OF ALLEGIANCE  
The Pledge of Allegiance was led by the Board.  
4. PUBLIC COMMENT  
There was no public comment.  
5. PUBLIC HEARING  
VAR-22-087  
VAR-22-087 3167 Delor Avenue Creekmore Construction is requesting a  
variance from the Unified Land Development Code (ULDC) Section  
53-240. - Special structures. A. (6) “Accessory structures over five hundred  
(500) square feet in total area, other than swimming pools, tennis courts  
and other similar recreational facilities, shall maintain the same required  
setback as the principal structure. Section 53-32. - Minimum setback  
requirements A. Front yard: Thirty (30) feet. & B. Side yard: Twenty-five  
(25) feet. The request is to allow for a 24-foot front setback where a  
minimum 30-foot front setback is required and a 23.8-foot side setback  
where a 25-foot side setback is required. The subject property is located at  
3167 Delor Avenue.(QUASI JUDICIAL)  
Chair Martin introduced the item.  
Ms. Hale swore in all those wishing to provide testimony.  
The Board reported having no ex parte communications to report.  
There were no aggrieved or adversely affected persons.  
Chris Creekmore, President Creekmore Construction of Florida, being duly sworn, spoke  
to the extraordinary conditions of moving concrete, removing trees, variance not impeding  
drainage or traffic, no negative impact to neighbors or surrounding property, no knowledge  
of error, and financial burden to resolve the situation.  
Mr. Hudson, being duly sworn, provided an overview including notices sent, location of  
property, front and back setbacks, survey sketch, building views, Unified Land  
Development Code (ULDC) and City Code requirements, criteria for granting variance, and  
staff recommendation.  
There was no rebuttal from the Applicant or Staff  
PUBLIC COMMENT:  
John Barkenquast: being duly sworn, spoke in favor of granting the variance.  
Jonathan Barkenquast: being duly sworn spoke in favor of granting the variance.  
Mr. Hudson addressed City approving concrete slab, permit for right-of-way access, and  
basis of recommendation for denial.  
Ms. Barnes, being duly sworn, spoke to variance requests, making reasonable use of  
land, and non-compliance with setback requirement and land development regulations.  
Mr. Applegate, being duly sworn, spoke to the applicant being unable to meet the  
extraordinary condition, and application review.  
Mr. Creekmore spoke to cost and type of repair required, tree removal detrimental to land,  
and lack of knowledge of violation.  
There were no closing arguments from Staff or the Applicant.  
Chair Martin closed the public hearing and requested a motion.  
A
motion was made by Board Member Carroll, seconded by Board Member  
Collazo, to approve Petition No. VAR-22-087, requesting a variance from the Unified  
Land Development Code (ULDC) Section 53.240 -- Special Structures A(6) to allow  
for a 24-foot front setback where a minimum 30-foot front setback is required and a  
23.8-foot side setback where a 25-foot side setback is required and find that the  
variance does meet the following findings(s) for granting a variance:  
1. That there are exceptional or extraordinary conditions or circumstances that are  
inherent to the property in question and that do not apply generally to the other  
nearby properties in the same zoning district;  
2. That the exceptional or extraordinary conditions or circumstances are not the  
result of actions of the applicant taken subsequent to the adoption of this Chapter.  
(Any action taken by an applicant pursuant to lawfully adopted regulations  
preceding this chapter will not be considered self-created);  
3. That such variance is the minimum variance that will make possible the  
reasonable use of the land, building or structure;  
4. That the granting of the variance will not be injurious to the neighborhood or  
otherwise detrimental to the public welfare; and  
5. That the condition or situation of the specific piece of property, or the intended  
use of said property, for which the variance is sought is not of so general or  
recurrent a nature as to make it more reasonable and practical to amend these  
zoning regulations.  
Discussion ensued regarding the variance not being injurious to neighborhood.  
The motion failed by the following vote:  
2 - Board Member Carroll and Board Member Collazo  
Yes:  
No:  
2 - Chair Martin and Board Member Pumilia  
2 - Vice Chair Dyer and Board Member Mousty  
Mr. Golen spoke to protocol to bring the item back for discussion.  
Absent:  
A
motion was made by Board Member Carroll, seconded by Board Member  
Collazo, to reconsider the motion. The motion carried by the following vote:  
4 -  
Yes:  
Chair Martin, Board Member Carroll, Board Member Collazo and Board Member  
Pumilia  
2 - Vice Chair Dyer and Board Member Mousty  
Absent:  
Discussion ensued regarding reasons to approve the variance request, an agreement with  
staff concerning denial, and lack of information for new homeowners.  
Mr. Golen noted that all five criteria must be met in order to grant the variance.  
A
motion was made by Board Member Carroll, seconded by Board Member  
Collazo, to approve Petition No. VAR-22-087, requesting a variance from the Unified  
Land Development Code (ULDC) Section 53.240 -- Special Structures A(6) to allow  
for a 24-foot front setback where a minimum 30-foot front setback is required and a  
23.8-foot side setback where a 25-foot side setback is required and find that the  
variance does meet the following findings(s) for granting a variance:  
1. That there are exceptional or extraordinary conditions or circumstances that are  
inherent to the property in question and that do not apply generally to the other  
nearby properties in the same zoning district;  
2. That the exceptional or extraordinary conditions or circumstances are not the  
result of actions of the applicant taken subsequent to the adoption of this Chapter.  
(Any action taken by an applicant pursuant to lawfully adopted regulations  
preceding this chapter will not be considered self-created);  
3. That such variance is the minimum variance that will make possible the  
reasonable use of the land, building or structure;  
4. That the granting of the variance will not be injurious to the neighborhood or  
otherwise detrimental to the public welfare; and  
5. That the condition or situation of the specific piece of property, or the intended  
use of said property, for which the variance is sought is not of so general or  
recurrent a nature as to make it more reasonable and practical to amend these  
zoning regulations.  
The motion failed by the following vote:  
2 - Board Member Carroll and Board Member Collazo  
2 - Chair Martin and Board Member Pumilia  
2 - Vice Chair Dyer and Board Member Mousty  
Yes:  
No:  
Absent:  
6. APPROVAL OF MINUTES  
22-2712  
Approval of Minutes for the March 30, 2022 Zoning Board of Appeals  
Meeting  
A
motion was made by Board Member Pumilia, seconded by Chair Martin, to  
approve the Minutes as presented. The motion carried by the following vote:  
4 -  
Yes:  
Chair Martin, Board Member Carroll, Board Member Collazo and Board Member  
Pumilia  
2 - Vice Chair Dyer and Board Member Mousty  
Absent:  
7. PRESENTATION  
22-3135  
Quasi-Judicial Training (Presented by the Office of the City Attorney)  
Chair Martin introduced the item.  
Mr. Golen requested to continue Item No. 22-3132 to the next meeting.  
There was a consensus to continue Item No. 22-3132 to the next meeting.  
8. PUBLIC COMMENT  
9. ADJOURNMENT  
Jonathan Barkenquast: moving the cement slab and cutting trees a travesty.  
Chair Martin adjourned the meeting at 7:08 p.m.  
By: _____________________________  
Robert C. Dyer, Vice Chair  
These minutes were approved on the ____ day of _______________, 2022.