City council grants after‑the‑fact front‑yard variance for Creighton Road home in 5–1 vote

Naples City Council approved an after‑the‑fact variance March 18 for an existing single‑family home at 2363 Creighton Road, allowing a 10‑foot encroachment into the 40‑foot required front yard. The motion passed 5–1 with Vice Mayor Ted Blankenship recused; Council member John Kroll cast the lone no vote.

Francesca Passadoma, attorney for petitioner Vicky Naples LLC, walked council through the property’s permitting history and an as‑built survey showing a permitted front yard of 30.2 feet on original building plans and a 1998 certificate of occupancy. Staff and the petitioner told council searches of historical ordinances and plans were inconclusive about whether a 30‑foot front yard should have applied; staff concluded the building permit was issued in error and recommended a variance with conditions limiting relief to the existing structure only.

Passadoma told council the variance would close a ‘gray area’ on title and allow routine repairs without reopening the permitting question. Planning staff described the historical research and said the Planning Advisory Board had recommended approval by a 6–1 vote.

Council discussion centered on two issues: whether the property’s buyer had accepted known risk in the recent real‑estate transaction, and whether the city created the problem via permitting inconsistency. Council members supporting approval emphasized the fact‑sensitive nature of variances and the staff record showing the issue likely arose from a 1997 permitting error. Opponents cited the buyer’s decision to purchase and raised concern about increasing property value through post‑sale relief.

The resolution includes standard conditions: the variance applies only to the existing structure and does not permit further encroachment or future rebuilds in the encroached area; should the structure be demolished, new construction must comply with the 40‑foot requirement.

Vote: Mayor Teresa Heitman — yes; Council Member Schultz — yes; Council Member Peneman — yes; Council Member Barton — yes; Council Member Kramer — yes; Council Member Kroll — no; Vice Mayor Blankenship — recused (sat off the dais).