Measure of concern in Rosedale

Mike Shaw doesn’t mind getting to know new neighbors, but his future neighbors on Baltry Court in Rosedale might be too close for comfort.

The side of Shaw’s home is just 9 feet, 6 inches from a Lennar home under construction next door. The communitywide standard in Rosedale is 12 feet between homes as detailed in Rosedale’s development approvals.

Some would say the difference shouldn’t make much difference, but Shaw disagrees. The air conditioning unit, which comes off the side of the home being built, is only 6 feet, 6 inches from the side of his house.

“Two-and-a-half feet is a big deal,” he said. “Twenty percent [less] is a lot. I’ll notice it every day. I’m the homeowner left to deal with it.”

“When Lennar submitted plans, they were in violation,” he said. “This is the second home on our street. When are they going to make them

learn?”

Shaw hopes Manatee County will require Lennar to demolish and rebuild the neighboring house at 4509 Baltry Court, so it complies with building regulations.

Lennar attorney Kyle Grimes said Manatee County’s building department approved the plot plan, which shows 9 feet, 6 inches on either side of the home in May 2019. The foundation was poured and inspected without problem in August 2019. He said Lennar relied upon the county’s approvals to move forward with construction.

Manatee County’s code allows for variances of the code under special circumstances, including when the county’s staff has made a “bona fide error,” such as in this case.

The problem might stem from the fact that in Rosedale, some homes are built on zero-lot lines while others are not. So in this case, Shaw’s home — on lot 208 — is not centered on his property. Instead, the wall on one side of his house represents the end of his property line. From the property line to the neighboring house belongs to the neighbor. He can’t even plant bushes between the homes to create more privacy for his pool area.

The neighboring home on lot 207 was centered, rather than being shifted more away from Shaw’s house. That’s why it’s only 9.5 feet away, instead of at least 12.

Manatee County Hearing Officer Kelly Fernandez heard Lennar’s case for the variance Aug. 19 and now has 21 days to render a decision that will be binding.

Lennar Development Manager Terry Kerschner said demolishing the house would cause “undue hardship.” He estimated costs for demolition to be $185,000 and for moving the home, $165,000. Additional expenses of $20,300 were for carryover expenses and for relocating the home’s original buyers for five months.

He noted other nonconformities exist in the neighborhood and that the distance between the homes would not be noticeable to most people in the future. Enhanced landscaping could disguise the error, for example.

“As a fact of reality, a year from now, no one is going to know that home is too close to the other.”

Shaw believes the builder should be responsible for correcting mistakes.

Shaw said he is anxious to have the issue decided — the neighboring home has been left uncompleted since a stop work order was issued in November 2019 — but he is concerned about the precedent that allowing such a variance creates.

Down the street on Carnoustie Place, April and Kirk Tcherneshoff are concern as well. They are experiencing the same problem but with homebuilder Ashton Woods. The home next to theirs is only 7 feet, 6 inches away. They are concerned about privacy and how the proximity will affect their ability to sell their house in the future.

County staff members are recommending demolition in their case, and a hearing officer is scheduled to consider the matter in October.

Kirk Tcherneshoff said he supports the demolition of the home next to his, as well as next to the Shaw’s. Rosedale residents purchased into the community because of its look, feel and amenities. The community is maintenance-free.

“Every yard, every street looks beautiful,” Tcherneshoff said. “The only way this can be preserved is for the builders to follow the rules. Why don’t we just make duplexes, OK?

“If they’re never required to fix their mistakes, then what’s their incentive to ever try?”

Tcherneshoff said builders already have a variance — where they place homes on their lots. Anything that creates at least 12 feet of separation is OK.

Ashton Woods Division Manager Darryl Colwell said Ashton Woods was aware of the issue and was “working through the appropriate process with Manatee County to resolve the issue.” He declined further comment.