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East County Wednesday, Oct. 14, 2020 2 weeks ago

Rosedale house built too close to neighboring home will be demolished

Ashton Woods withdrew a request that would have allowed unfinished house, 7 feet, 6 inches away, to stand.
by: Brendan Lavell Staff Writer

After one Rosedale home under construction that was built too close to its neighbor was allowed to stand by the county, another is being demolished.

Ashton Woods is awaiting utilities to be disconnected and a county permit to tear down a home that was being built 7 feet, 6 inches from its neighbor on Carnoustie Place. Ashton Woods had applied for a variance request that was scheduled for an Oct. 21 Manatee County hearing, but the home builder withdrew the request.

County staff had recommended demolition of the Carnoustie Place home.

The owners of the existing home on Carnoustie Place, April and Kirk Tcherneshoff, were relieved after being concerned about their privacy.

In contrast, Manatee County hearing officer Kelly Fernandez granted a variance request Sept. 17 that will allow Lennar's WCI Communities to keep a home on Baltry Court in Rosedale right where it is despite being 9 feet, 6 inches from the existing home next door.

The community standard in Rosedale is 12 feet between homes as detailed in Rosedale’s development approvals. Fernandez ruled the miscue was a “bona fide staff error” on the part of both the county and MCI Communities. Manatee County specifically allows for variations under such circumstances.

This photo shows the gap of 9 feet, 6 inches between Mike Shaw's home and the neighboring house on Baltry Court. Manatee County ruled that MCI Communities must remove the air conditioning unit.

Lennar's WCI Communities will be required to remove an air conditioning unit that rests 6 feet, 6 inches from the side of Shaw’s home.

In the case of Baltry Court, WCI Communities provided proof that a demolition or movement of the house would come at “significant cost,” according to the final order issued by Fernandez. Lennar Development Manager Terry Kerschner told the Observer in August that he estimated the cost of demolition to be $185,000 and the cost of moving the home to be $165,000.

WCI Communities applied for a building permit that depicted 9 feet, 6 inches on both sides of the house April 19, 2019. It was approved by Manatee County. County staff did not notice the discrepancy until after multiple inspections had been conducted, at which point work on the house, nearly finished, was halted.

Mike Shaw, who owns the Baltry Court home, declined further comment.

The house to be demolished is 7 feet, 6 inches from the neighboring Tcherneshoff residence.

In an Aug. 27 Observer story, Kirk Tcherneshoff said he supported the demolition of the home next to his.

“Every yard, every street looks beautiful,” Tcherneshoff said in the Aug. 27 story. “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?"

Brendan Lavell is a general assignment reporter for the Observer. He earned degrees in journalism and history at the University of Missouri. He has visited 48 of the 50 United States, has a black cat named Arya and roots for the Eagles, Flyers, Phillies, 76ers and Chelsea FC.

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