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[Music] the April 17th 2025 hearing for the Planning and Land Development Regulation Commission is now called to order and if I could please you have you silence any audible devices that you may have and if you'd please join me for the pledge of
allegiance i pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all good morning everyone i would like to
thank everyone for joining us this morning and Miss Summers could I please get a roll call good morning emily Bush here christopher Erison present donna Craig here stony Sixma is absent edith Shelley here frank
Costa here ronnie Mills here thank you thank you Miss Summers and first of all we do have some little bit of housekeeping to do and I would like to welcome our newest members here Miss Bush Miss Emily Bush and Mr christopher
Erien thank you for joining us okay we do have some housekeeping as far we needed election of officers this morning uh we're looking for nominations for chair vice chair and secretary mr chair I'd like to make a motion please
you can do so i'd like to make a motion to appoint uh Ronnie Mills to chair and Edith Shelley to secretary okay I got a motion on the floor for Mr casa to appoint myself Ronnie Mills and for chair and Miss Shelley for
secretary and a second for Mr ersen any any discussion on the motion first of all do you accept it Miss Shelley yes and I am qualified okay then I guess I'll do it again
so uh one more round one more at least anyway uh motion's on the floor any discussion on the motion all those in favor signify by saying I i any opposed motion carries unanimously okay we need Go ahead Miss I'd like to um make Excuse
me i'm so overcome by a motion um I would like to nominate uh Frank Costa as vice chair okay I got a motion on the floor to nominate Mr frank Costa for vice chair
for Miss Shelley and a second for Miss Craig any discussion on the motion do you accept it Mr costa yes I'll accept okay any discussion on the motion all those in favor signify by saying I i any opposed motion carries unanimously well
that didn't hurt too bad okay we do have some minutes from February the 20th 2025 is anybody uh would like any discussion on the motion i mean the minutes i'll make a motion to approve a second yeah I got a motion to
approve the February 20th 2025 minutes for Miss Shel and a second for Mr costa any discussion on the motion all those in favor signify by saying I i any opposed motion carries unanimously okay if anyone would like to
speak for against any of the cases being heard today uh if you could please fill out a form at the back of the dis here and hand it to Miss uh Summers to my extreme left there and we will be limiting you to a threeminut time limit
after the comments have been heard I will give the applicant an opportunity to address any concerns the speakers have and answer any questions the commissioners may have and at this time I'd like to turn it over to Mr sora for legal comments thank you Mr chair this is for uh members of the public as well
as applicants that decisions by this body on special exception cases and cases which reszone real property from one classification to another pursued to the zoning ordinance are recommendations only to the county council and do not constitute a final hearing so new evidence may be introduced at the county
council public hearing however decisions on variances made by this body constitute final action subject to an appeal to the county council and what this means is that no new evidence may be presented at the time of the county council public hearing on the appeal an agrieved party that appeals such a
decision is confined before to the record made before this body hearings by this body on reasonzonings special exceptions and variances are quasi judicial in nature meaning that this body is acting more like a court and must take into account all oral written or or demonstrative evidence presented
their decisions on these cases must be based on competent substantial evidence on the record and competent substantial evidence has been defined as that evidence a reasonable mind would accept to support a conclusion thank you Mr chair thank you Mr sora and while we're on legal comments I would like to ask the commission to disclose for the
record any expart exparte communications that have occurred before or during the public hearing at which a vote is to be taken on any quasi judicial matter and I'll start with my immediate right with Mr have you heard any
okay that's great microphone i have none none none none and I have none okay we're going to move right into it do we have any items to be continued or withdrawn Mr ashley
no no sir okay okay do we have any unfinished old business i don't think so all right we're going to move right into the new business miss Shelley could I get you to read the first case please yes sir case number
V-25-016 a variance to the minimum yard requirements on forestry resource FR and resource corridor RC zoned property thank you Miss Shel miss Ray this one's yours good morning the applicant is requesting a variance to reduce the west
front yard from 100 ft to 73.81 ft for a proposed single family residence the subject property is located within a flying community and is triangular in shape the property is currently vacant and heavily treed a majority of the eastern portion of the property is
comprised of wetlands um it is also located in our natural resource management area so therefore they're have a required 50-ft wetland buffer uh the property also has two man-made ponds within the western portion of the property one towards the
northern boundary and one towards the southern boundary according to the applicant's written petition the easement for the uh ride ofway and the runway um extends approximately 125 ft into the property the site plan submitted by the applicant shows that the owners have designed the single
family residence to avoid the wetlands and the associated buffers but in doing so encroaches into the front yard requirement uh staff's recommendation is to approve the variance request as it meets at least three out of the five criter criteria for granting said variance i do also want to note that a
letter of support was submitted from the adjacent neighbor to the north i'm available for questions thank you Miss Ray any questions for staff okay hearing none oh Miss Bush thank you chairman um I do have a couple
questions for staff um first off when was the Lafayette uh Landings PD originally approved mr chair I can answer that scott Ashley zoning manager lafayette Landing has was approved or existed since the late 1980s
and uh this is one of the lot remaining lots to be developed uh I'd say probably about 60% of the project has been developed out it is a uh if you will an island of Upland surrounded by a lot of wetland areas uh that is a problematic
for this particular lot in question as well and so the applicant is seeking relief from in encroaching in the wetland area and the buffer and red uh shifting it closer to the front lot line
okay thank you Mr ashley any more questions i have a question i do have a few more oh okay go ahead sorry um I don't know if I should hit this for every question that I have or if I should just keep asking you No you don't have to do it for every question okay you can continue um when were do we know
when the ponds were constructed and if this is not something that you can answer I can ask the applicant i'm not sure um and then I'm just curious as to why the county is measuring from the easement and not the
property line for the setback uh staff measures from the easement line because essentially this is not only a runway but a street and so we measure from the edge of the street which is the uh easement referenced by Mr ray so any
property that has a private easement serving as its street we measure from the edge of that easement okay one more question um how will and I don't know if this is again a question for staff or the applicant but um
filling in a portion of the second man-made pond how will that affect drainage on the property and on the adjacent parcel as well has there been any storm water has they I know that that's usually submitted during site plan or permitting
but do we know how that's going to impact that pond no ma'am okay thank you okay thank you Miss Bush mr ashley did you have a comment you wanted to add well I just want to add that you know storm water that you referenced as an
individual lot that's not something we deal with um other than specifically in the Pthoon Beach area because of the class 2 overlay zone mandates on-site storm water uh these ponds if not knowing when they were dug but obviously
what the plan is indicating is primarily for the home I would suspect that during permitting staff would be looking for the hangar if that's what your concern is be shifted out of that pond area uh if it is man-made then um depending on how old it is it probably may not
qualify as a wetland per se um typically a lot of these ponds in the rural areas were dug to provide fill material and it may have and film dug to provide fill for the runway area it is a grass strip uh so if you look at the map it is
raised i imagine at some point when it constructed it was not completely out of the flood plane perhaps so there are many several ponds throughout the area of Lafayette Landing this is the southern end of it but there are multiple ponds out there to accommodate
uh the elevation issues out there okay miss Craig you had a question yes sir um I was wondering what the governing authority if there is any um defines the easement for the runway
and if this 125 ft um into the easement would be in competition with their normal requirements it it may um any HOA restrictions run concurrently
um with the county's restrictions uh so for all intents and purposes we have to act and analyze an application um as if the whatever HOA covenants don't exist because we we can only apply our rules
if there is a conflict between the two that would have to be reconciled usually on the HOA's end they would you know defer to the um the the county regulations if there's a more restrictive standard if our standard is more restrictive it doesn't matter what
the HOA restrictions are so the HOA can make the the regulations for the runway easement yes it's it's their I'm assuming this is their private easement there's some kind of um uh shared
document um if not then that's that's an issue for the private owners um which the county does not get involved in that kind of private dispute uh as as Scott said you know this is acting both as a runway and as the street so um even
though the e the property lines run to the middle of the easement the easement itself is shared amongst all the property owners here so it's acting like a private private road and private street so that's why we measure everything from the edge of the eastment any other questions Miss Craig
okay seeing no other requests is the applicant present can I get your name and address for the record sir south Nova Road Daytona Beach um happy to be here this morning how you
doing um so uh so yeah I think I can help maybe answer some of these questions um first of all with the talking about the location of the home and the setbacks and whatnot so
from the front property line which is basically the middle of this um runway the house sites about and some of this is stuff I estimated but about 225 ft from that um from the run the actual roadway that's built within this
easement is about roughly 40 ft from the edge of the easement so I think I'm looking at about 115 ft between the road and this house location um another thing I wanted to
point out was and I didn't realize this till I really was looking at the aerial is there's trees the trees that are on this site um they actually um they're like 30 to 40 feet I think away from the road so some of the
trees are actually between between the edge of the easement actually inside the easement toward the road side so this it's not like this this area where we're proposing to have this house and where this easement is it's not like this is
where you know planes are landing or anything the planes are landing inside the roadway the easement does come out a certain amount and I understand that you know the county does have to look at the the setback from that easement line but realistically speaking you know it's not like anything
um really for the most part anything that's inside the property from the road is not really being used for any anything other than just uh this person's yard so um another thing let's see I need some
notes here some questions so the ponds I'm not sure when those ponds were dug it looks I mean if I had to guess I'd say probably like way way back um it it looks actually like there's some of these ponds were dug a long time ago in a kind of an area for a house was kind
of created and part of I think where this house is sighted is to kind of stay on that kind of little upper area um we've agreed to do stem wall construction on this uh worked closely with the county on the sighting this decrease the size of the home
um agreed to do stem wall try to keep it out of the the buffer and um I think that does better for flood and also just to allow the natural environment to kind of move up you don't have to have as much fill with stimwall so um there's
that um on the HOA I spoke to the HOA's attorney a couple days ago and he was asking about the you know the setbacks here and I think that the I think the HOA has a about like a 75 foot setback from the um from the property line when
I talked to him so I think that you I think that the HOA is good with this um like I said I talked to the attorney and we seem to come to an agreement but um I know we also have my clients spoken to a lot of the property owners surrounding who are in support and we actually have
the one to the directly to the north who is um contact the county with a letter of support um so yeah I mean when you have a situation like this where you're trying to stay out of the wetlands you have a very compact area to build on because of the ponds and the and the the
easement setback you're 225 ft from the property line and over 115 ft from the road um I think that this does kind of it is a situation where we have some special circumstances that you know allow for some some uh leeway on trying
to site the house in a good spot so um so anyway you know what if there's any other questions anybody has or anything I can do to or concerns I'm happy to talk with you about okay miss Bush you had a question yes
thank you chairman um could the house be shifted further south and oriented so that it doesn't have to have a variance request well like I was saying I think that this house was kind of designed to be on this kind of upper this this slightly higher
area um we may have to bring this um hanger forward and out of this pond i'm not sure exactly about the I think this is a man-made pond but I'm not sure exactly what the rules are for I mean I'm not the engineer on this so um but if that how if that hanger is brought
forward it's going to create even less room in there the idea was to try to orientate the house to be kind of you know how the front actually face in the road like a normal house would um and to leave some leeway in there to be able to to sight the hanger so that you know
you're not they're not basically touching each other um you have enough room in there that it meets the building code standards and whatever so um I mean in my opinion I think this is a very reasonable place to put the house and um I think it's cited to the property well
it's going to it's designed to be in the trees and um kind of blend in with the natural environment it's not like that this is a pasture and we're sticking on the pasture this is actually back in into the trees in the property and uh I
think it's consistent with a lot of the other houses out there as well so Any other questions Miss Bush not at this time thank you okay mr ashley you had a comment no sir okay
your name keeps on popping up here i don't know why that's fine okay all right any other questions for the applicant all right do we have any
public participation forms no sir okay we're going to close the floor for public participation and open up for commission discussion or motion i'll be glad to make a motion miss Shel I move that we approve the variance
request case number V-25-016 uh subject to the staff condition on page five a second i got a motion on the floor from Miss Shelley to approve variance V25016 with the one staff condition and
a second from Mr costa any discussion on the motion just want to point out that um we do have one letter of uh support for this variance that we've received this morning and none of opposition that I can find okay
okay all those in favor sign Oh Miss Bush yes thank you Chairman um I just want to point out that mo I've been taught as a practicing planner that you have to meet all of the variance requirement in order to receive a variance um so I honestly think that
they could shift the house i've actually written a few variances in other jurisdictions before and we've had to adjust the the design of the house in order to meet that requirement um I'm looking at the elevation i think you can shift it a little bit further south i think you can adjust maybe the um
architecture and the layout in order to meet the requirements so I just wanted to point that out for the record that um that I I do think that you can shift that in order to not have to meet the to need the variance so thank you thank you Miss Bush uh while you that statement Mr
uh Sora can you explain the we how that changed from the five criteria i believe last year it used you used to have to obtain a variance it used to needed to meet all five criteria so you would see a lot of staff reports recommend denial
usually because it's not the minimum variance necessary um upon direction of the county council that changed um so that's why you see the staff report you know you you need to only need three of the criteria to receive staff approval um the the determination of you know
whether or not there's substantial evidence for them to meet three out of five is up to this this board so you know if even if they only have to meet three out of five if they don't have any evidence you know that should be you
know signal that you should deny it um but however that factual determination is up to to this uh this committee okay okay any other discussion on the motion all those in favor signify by
saying I i i any opposed i motion carries unanimously with Miss Bush and descent six to one oh you voted against one against i'm sorry not unanimously motion carried five to one with Miss
Bush and descent miss Shelly could I get the next case please yes sir case number V-25-021 variances to a substandard lot and to the minimum yard requirements on urban single family residential R9 zoned
property thank you Miss Shel and Miss Ray this one's yours also good morning again the applicant is seeking four variances uh for a proposed deck addition variance one is to allow development on a substandard lot
variance two is to reduce the north front yard from 15 feet to 10.5 ft variance three is to reduce the north front yard from 15 ft to 8.2 ft and variance 4 is to reduce the east front yard from 25 ft to 22 ft uh the subject
property is currently developed with a single family residence and a 220 ft second floor deck that borders along the northern and eastern portions of the residence uh there are existing stairs to the deck that are located on the northern side of the residence that face
the driveway uh the applicant has proposed to remove the existing deck and replace it with a uh 362 ft deck um increasing it by 142 ft they are proposing to extend the deck in the eastern side and reposition the stairs
to face uh Sheep's Head Avenue the property is zoned R9 uh the minimum lot area is 7,500 square ft uh the property is approximately 4,251 square ft so it is considered a
substandard lot uh because it is less than 5,000 square ft uh the subject property is also a corner lot which is subject to two front yards and two sideyards within the R9 zoning classification it has a minimum front yard requirement of 25 feet except
on a corner lot where one front yard may be reduced to 15 ft uh the variant requests uh will not likely be injurious to the area as a second floor deck has been in place since at least 2006 uh staff's recommendation for
variances one and two are for approval and variances three and four are for denial i'm available for questions thank you Miss Ray any questions for staff well wait just a moment i'll I'll get you up here
no that's okay we'll get you up here miss Bush question for staff i'm I'm a little confused on variance one if it was allowed in 1985 why are they having to reapply so when it was when they received the variance in 1985 it was
measured at 5,000 square feet somehow between 1985 and now it is now 4,200 some odd square feet um so that's where that variance is okay thank you um I do have a couple follow-up questions um will the applicant be required to
meet the class 2 overlay during the building permit process uh yes ma'am um there's also um within the file that when they submitted for their permit for this deck um environmental permit team uh reviewed it and they um said that the
class 2 overlay was not required because the um of the square footage of the proposed structure okay um and last question and I believe you might have answered this already i apologize but was a permit pulled for the deck addition built before 2006
i couldn't find the record of it um so I'm not sure if it was built with the residents um but I didn't see any record um but according to historical aerial aerials it was in place prior to um since at least 2006 okay thank you
okay any other questions for staff okay is the applicant present now you can come up if you have any pictures you want to hand them to Miss and uh to Miss Summers and once you you will not be getting them back though once you
submit them okay can I get you up here and give me your name and address for the record all right my name is Kathy Rue i live at 876 Sheep Head Avenue New Smyrna Beach um and what else did you need you've heard
the staff report anything you would like to add to that yes um I've owned the property since 2004 um and that might answer some of the questions it was a long big lot the lady prior to me that owned it had had
it divided and when she divided it she made my lot smaller and the other lot larger um so um I've owned it since 2004 in the beginning the first 10 years um we went there occasionally but we
mainly were renting it and then when we retired my husband got Alzheimer's 2014 and we both had to retire i had to take care of him we moved out to the beach um and I was his caretaker for the last 10 years he died a year and a half ago and
so now I'm the solo owner um so I haven't been able to really do anything there's a bad flooding problem as you'll see when they pass the pictures around because it isn't a flood zone and um I haven't been able to really do anything about that because I was taking care of
my husband and he wouldn't tolerate any kind of building or construction going on so now I'm asking for the extended porch and the stairs to go out to the street so that I can navigate when there is flooding and there is flooding if
it's heavy rain hurricanes um I can get anywhere from four to 10 inch flooding um as I'm getting older and I I thought maybe I should just try to move i'm I'm totally in love with
where I am um and I would like to try to help the problem the county did help me out a little bit um when we first full-time moved out they at least they tried to help me out they put a burm along the side
um I guess it's the north side of the property and they were thought it would stop the water in the street from getting into my house area um but actually what it kind of did is made my house more of a
pocket and so there is a higher area there because of the burm and that's why if I could get my stairs in the north instead of going along the side of the house to go out to this burm it's higher um and so I could get out safely without
um you during these hurricanes I have to put on boots and and the the stairs if you can see the stairway there um currently they go right down to the lowest part of the property um which is where I have to walk out to this would allow me to walk out to the street um
and then I can park my car because the driveway kind of goes down i can park my car up on the top of the driveway uh so that I'm not going down to where the flooding area is um and also I would like to extend the porch by 4 feet
because um we try to have a little patio underneath the house you can't build anything underneath the house and I understand that um but there is a patio area there and it gets totally flooded too and you can see that the little
front porch which faces the east is just a little almost like a little walkway and it was there when we bought it um so I've never been able to expand it before and at this point um I really appreciate being able to expand it so that we can
actually walk you can see the chairs you have to have to come out the front door and just kind of line up and then you're going to sit down but this way we would be able to um have a little table there be able to move around uh and make it livable space because the downstairs is not all that it's not livable especially
when it's raining um so I'm asking that uh you consider this um I'm not sure what else to tell you about it but if you have questions I'm here okay we'll see if anyone has any questions for you does anyone have any questions for the applicant
okay we don't have any do we have any public participation forms Miss Summer no sir okay we'll see what happens thank you ma'am okay so when do I find out we're fixing to tell you let me tell you in just a minute okay okay see I also I have a little bit of a
problem because I tal I brought my hearing aids into Costco and they had to send them back so I'm not hearing very well i'm sorry all right we're going to close the floor for public participation and open up for commission discussion and we will make give you a decision in about two minutes okay i
think okay all right all right we're going to close the floor for public uh participation and open up for commission discussion or a motion i'm prepared to make a motion Mr chair go ahead Mr cross on case V-25-021 make a motion that we approve
variances 1 two three and four with the one staff recommended condition second who did I get that second from you can let Chris have it all right uh I got a
Let me see here i got a motion on the floor to approve variances 1 two 3 and four for V25 021 with the one staff condition from Mr costa and a second for Mr ersen any discussion on the
motion Miss Bush i'm again going to say that um I honestly agree with staff in allowing variances one and two but denying variances three and four i just don't see the hardship in expanding the deck i've looked at the surrounding area
they're very narrow as it is um it's not common at least that I can see via um Google Maps that the stairs approach the front of the house in the manner that she's suggesting in the site plan um and you could do an elevated deck on the
first floor so those are my comments thank you you're welcome any other comments okay all those in favor signify by saying I i any opposed i motion carries
to five to one with Miss Bush in descent miss Shelley could I get the next case please yes case number V-25-022 a variance to the minimum yard requirements on transitional agriculture
A3 and resource corridor RC zoned property thank you Miss Shelley miss Ray this is yours uh the applicant is seeking a variance to reduce the west sideyard from 25 ft to 10 feet for a proposed 1,000 square
foot accessory structure um the subject property property is currently developed with a single family residence towards the southwestern portion of the property uh with a one-story building just to the east um section
72277 A5 states that accessory structures exceeding 500 square f feet in area shall meet the same yard requirements as the principal structure um the structure is proposed within the A3 zoning classification and therefore the minimum front yard requirement would
be 40 ft and minimum sideyard requirement would be 25 ft according to the submitted site plan uh the structure will meet the front yard requirement of 40 ft um the applicant did state in their written petition that the proposed location of the structure is to ensure
that it is located outside of the flood plane um which the flood plane is um majority in the rear yard or the northern port portion of the property uh the requested variance um is unlikely to be injurious to the area and staff's recommendation um is to
deny the variance as it did fail to meet at least three of the five criteria for granting said variance i'm available for questions thank you Miss Ray miss Bush you had a question for staff yes can you tell me what the uh ISR the impervious surface ratio is on the lot
not off the top of my head um I did do the calculation to make sure that they did meet law coverage um but for the impervious I'm not sure uh Miss Bush the maximum permitted by our land development code is 80% of impervious coverage of pvious not
impervious impervious coverage impervious coverage but the lock coverage is 35% for buildings and accessory structures okay so the pavers would count but not for the building coverage of 30% not for the building coverage no and do we know what the we
don't know what the ISR on this parcel is we don't uh but just looking at the site the survey uh there is a lot of coverage but I don't believe it's going to trip to 80% okay thank you
okay any other questions for staff is the applicant present good morning sir could I get your name and address for the record you want me to okay so it's Mike McDaniel and Gosh what's your address what's the address
if you want to speak into the mic please speak into the mic please sorry I have it right here mike McDaniel the address is 2769 Letha Street is that your address that is his address
the customer okay i'm the contractor i'm with Green Construction yes so are those mics on or you're having a hard time hearing this gentlemen yes okay still notic is that better okay there we go okay all right you heard the staff report anything you'd like to add to
that just that that we can have the building out into the yard where where you're the 25 setback but if we do that we're going to have to take down the biggest oak tree on the property and and we'd really try not to remove that oak
tree so we could scoot it over to the 25 foot setbacks but it's going to just destroy the best oak tree in the whole property i have pictures of the tree if you need to see it so ba basically what you're saying is
the tree is hindering you from meeting the amount of setback that is required yes we could easily do the 25 foot setbacks but that oak tree in front would have to go okay that's the biggest thing okay and they're willing to do that but they
don't want to they just need a building really bad got it okay miss Bush you had a question for the applicant yes thank you chairman um I guess my first question is what is the need for the accessory structure and can it be smaller
i mean he's he's got to put cars inside of it he's got antique cars just he needs the storage really bad okay thank you okay was there anything else you'd like to add just that we don't want to remove
that tree okay okay any other questions for the applicant miss Summers do we have any public participation forms no sir okay we're going to close the four for public participation open up for commission discussion or motion
i'll make a motion go ahead case B-25-022 um that we approve the variance with the staff recommended conditions okay and how many conditions do we have on there two okay and I just like to
make a comment go ahead Miss Shel um I was uh appreciate the picture of the tree uh to have that perspective uh has influenced me more uh anyway I was leaning towards a no vote on this but I
will now be voting for approval okay any other comments okay all right all those in favor um I've got a motion on the for to approve variance V250 2022
mhm with the two conditions second the staff conditions and a second from Okay I apologize he's a new member i keep keep on Mr ers i'll get it it might take me a
day or two but I'll get it from Mr ersen okay any discussion on the motion all those in favor signify by saying I i any opposed i motion carries
five to one with Miss Bush in descent okay Miss Shel can I get the next case please yes sir case-v25-024 variance to the maximum fence height requirements on urban single family residential R3 zoned property
thank you Miss Shelly mr harris this one's yours morning the applicant is seeking a variance to increase the maximum allowed front front yard fence height from 4 feet to six feet the applicant proposes to replace
an existing 42 foot long 6' high wooden fence and install a new 12t wide 6 foot high steel swing gate supported by two 6 in concrete block post in the same layout and location within the front yard according to section
72-282 of the zoning code fences and front yards are limited to a maximum height of four feet and residential zoning classifications the property is a 3/4 acre parcel in the land it is on urban single family residential with a future
land use of urban low intensity the property the property does not contain unusual physical or legal constraints that prevent compliance the request is based solely on privacy and safety concern staff recommendation is to deny the variance request as it fails to meet
three of the five criteria i'm available for any questions you may have thank you Mr harris any questions miss Bush thank you chairman um was a permit pulled for the original sixoot fence
that was my question i could not find a permit for the sixoot fence okay thank you any other questions okay is is the applicant present could you come forward please can I get your name and address
for the record sir yeah good morning uh my name is Sebastian Diaz address is 1665 Beasley uh Beasley Drive in the land okay and my name is Adena Repz and 1665
Beasley Drive Dan Florida okay you've heard the staff report anything that you would like to add to that uh no that's pretty much it i mean the existing fence was already there it just kind of came down uh hurricane damage started kind of coming down so it was you know when we
bought the property in 2021 it was already uh 6 ft high it actually had the even the gate in the front that was closed off we just kind of opened it up and it was all wooden um so yeah mainly just that it was an existing fence already there we thought we could just
you know bring it back up repair it uh but then we started talking with the guys and we're like h you might want to pull a permit on it because I don't want to do the work and then have issues later so that that was the reason uh there isn't a road i called the county and and one of the reasons that they
said it was Fatio Road that was there it's just there's no road there there's actually just uh trees and bushes they wouldn't be able to have a road um there anyways because if you go to the north speaking to the mic please if you go
into the north that's somebody else's house so there would be a dead end street even if they were to make a a road there in the future um yeah yeah that's mainly it i mean we have uh we've seen some properties in
the area that do have 6 ft high like they go up 6 feet off the the main road like I've driven around there's 4T and there's six feet so I thought hey you know shouldn't be a huge issue mainly it's the privacy you know security we have pets we have kids uh we've renovated the property a little bit it
used to look very different so it's it's kind of come you know it's come come a long way uh and yeah I don't think it'll be a minimal I don't think it's going to be a major impact on the community you know going from 4T to 6 ft just more privacy
and and security okay mr cost you had a question i do so are you replacing it with a the same wooden fence six foot wooden fence as well it would be yeah it would be a sixt wooden fence and we we originally said that we wanted to put like uh a gate but
now we just want to make sure that we got the post up and everything but we want to put the fence and in the future put in a gate to enclose it but that's not the biggest issue right now but yeah just for clarification so the piece that you're replacing that's on the FIO roadside correct uh yes that's along the
Fatio right uh road there's no road there currently there used to be in the past so your your primary front road or front yard frontage of the property is actually on the other side so you're the victim of two yards two front yards basically yeah it it's weird because our
electric bill comes in as a different address we've called multiple times instead of 1665 Beasley it says 301 Fat Fatio gotcha okay all right thank you you're welcome thank you guys uh Miss Bush you had a question yes thank you um
I'm just curious how a twoft difference is going to provide additional privacy and security um we we live it's a three-story you know building so we've got you know the basement second floor and then the third floor so uh just mainly sitting out on the front porch
you know we got kids sometimes they're in underwear you know walking around and stuff like that um it's not going to be a huge privacy it's more of like a you know outside looking in kind of thing and it just looks more uh visually Yeah yeah peasing with the six feet versus
the 4 foot okay i could not find another sixoot fence on Beasley Drive so I'm just concerned that you know you've suggested that others are in the area but I I couldn't find that myself right beasley Drive is one I I would say less
than even a quarter it's literally just that but when Right there isn't and we're at the very end of the street so you're on a dead end street i'm on a dead end street right so there's no why I'm questioning the safety and security component that you wrote in your variance application right yeah not
speaking on Beasley there isn't any other uh I guess front facing but around you know the neighborhood and I I didn't think about bringing pictures or anything like that but uh yes you are right thank you thank you okay any other questions for the
applicant okay Miss Summer do we have any public participation forms no sir okay we're going to close the fort for public participation and open up for commission discussion or a motion okay thank you thank you
i'll make a motion Mr chair go ahead Mr president case V-25-024 uh that we approve the one variance with the one staff recommended condition second
i've got a motion for Mr costa to approve V25024 with the one staff condition and a and a second for Miss Shel any discussion on the motion i just want to say that I think this is a this is one of those I thought we had taken care of this where you had two front yards at
one i thought we had put this to bed already because that technically would be a sideyard y um especially not a traveled road or a paved road at this point um and that's why I have no issue with this if it was like on the frontage facing uh what is that other road
beasley that would be a different conversation but this particular instance I think we're good to go my opinion if I concur okay any other discussion on the motion all those in favor signify by saying I i
any opposed i motion carries 5 to one with Miss Bush and descent miss Shel can I get the next case please yes sir case number V-25-025 variance to increase maximum lot coverage on urban single family
residential R9 zoned property mr shams this one's yours uh good morning the applicants proposing a variance to increase their maximum lot coverage from 35% to 42.18% for a new home uh the current
home was constructed in 1963 and is approximately 2300 square f feet which is a lot coverage of about 23% uh it was damaged in Hurricane Milton last year um and due to significant roof damage the owner wants
to replace it the proposed home has a um square footage of all the roofed area of about 4282 ft the property itself is 10,151
ft as you can see in the site plan uh the proposed home does meet the setback requirements in the R9 zoning class but it exceeds the lot coverage um overall staff does recommend denial as the variance does not meet any of the five
criteria um we found there's no special condition uh it's not the minimum variance and it's not really consistent with the neighborhood um if PLDRC finds evidence to approve we are recommending three conditions i'm available for comment or question thank you Mr shames any
questions for the staff hearing none is the applicant present good morning sir could I get your name and address for the record yes good morning uh Carlos Lopez it's 205 South Venetian Way okay you've heard the staff
report anything you'd like to add to that uh yeah thanks for letting me speak this morning uh first of all as they mentioned the uh house got damaged by a tornado during Hurricane Milton and so did our several houses in the neighborhood but uh we lost about 3/4 of
the paper on the roof and just left it in plywood and soaking rain for 6 hours all the sheetrock from the top down flooded uh we had tear it down in the inside um then when we we got in there with the contractor we're looking at
it's a house built in 63 there's none of the current hurricane codes built there you know there's no tie downs for the trusses uh no rebar reinforcement so you know we're thinking pouring $300,000
into a house that's still built to code from 1963 doesn't make a lot of sense um I did have a couple of u issues that I wanted to raise and I appreciate the staff report but there are several houses that I provided in the
neighborhood contrary to report that are over uh 4,000 square ft um and some of the new properties that are being built there are similar to the size that we're recommending um the the other issue is
we could build it bigger by making it two stories but we spoke to you know our neighbors and I think some of the issue there would be um it would take away more from the neighborhood than keeping it as a single story so that's why we went back with the builder and came up
with a single story design because the initial one was two stories and was was bigger so we dropped it down to a single story if you have any questions happy to okay let's see if we have any questions for
you do we have any questions for the applicant mr costa good morning the original house was what 20 half the size 2,300 right and not salvageable at all so you're basically it's a complete tear down or have you
torn it down already or you planning on No it's not torn down yet uh we're we um we're waiting to get the variance either approved or denied so we can decide whether we're going to go with a twotory or single story um but you know I'd be throwing $300,000 into a house that's
not up to what I would think current building um codes and um you know I just don't How long have you lived there we've owned the house for almost 5 years now it'll be in October any conversation with the neighbors regarding what you're
because you're going up two stories now the for the original house is single story and this No we're we're this one's one story oh single story that's why that's why we need the lot gotcha okay otherwise we'd have to go to two stories okay and and stay within the the coverage and I think that would be more
of an isore than Okay that answers that question for me then thank you okay anyone else i've got a question sir the neighboring homes there are those twotory or singlestory homes in that in
that area yes sir well two of the ones that I gave you are literally on the right the block behind us that are two stories there's a new one coming up that's also two at least two stories it might be a three story and there's one two houses down from me on 215 Venetian Way that's a twotory uh that one's a
3,000t house on a 8,000t lot so it's even uh um a less lot coverage percentage than that we're asking for they have more lot coverage as far as percentage wise than what we're asking for okay
okay sir that's all my question Miss Craig um have you had any issues with um with flooding no thank God we're we've uh um with all the stone we haven't had any issue at all with uh
with flooding thank you okay any other questions all right sir do we have any public participation forms for this case no sir all right we're going to close the floor for public participation open up for
commission discussion or or a motion all prepared for a motion go ahead Mr costa case V-25-025 i make a motion that we approve uh the variance with three staff recommended conditions i'll second that
okay got a motion on the floor for case V25025 from Mr constant for an approval to that variance from Mr constan and a second for Mr yeah here we go i don't mean to do this to you for
Oh what's his name i'm going to remember I'm gonna write it down erase and second for Mr ersen uh with this three staff conditions any discussion on the motion mr chair um I I just want to point out something for your consideration so the
motion is to approve the additional lot coverage um with a justification provided by the applicant that there that they only want one story that is not a condition of your approval so in the future they could have the same lot
coverage and multiple stories if they decide to change their plan unless this commission limits the height or limits the an additional condition yes if the justification is I do not want to build a two-story house therefore give me more
lot coverage we can add that condition to it which we don't currently have it here yes yes sir okay okay miss Bush um I'm going to again side with staff in
recommending or my vote is going to be a denial of this i think that the applicant can go two stories there are other examples in the neighborhood just one street over the examples he provided were all two-story homes so I I just think that we are already struggling
with a greater increase in imperous surface in the county that's causing some of the excess flooding you all have mentioned and asked whether or not there's flooding on this property he's only owned it for 5 years we don't know the past history of that in the neighborhood so I am very concerned about approving a variance with an
additional lot coverage without mitigating where that surface water is going to go okay thank you okay um Mr costa would you want to amend
your approval to make it one story or would you want to leave as is i would leave it as is but I'll ask the applicant that question if he's okay with that condition uh absolutely we will not build uh at at that lot coverage for two stories good enough
then we'll I I'll take that as a condition i can single story only so uh back to the well let's revise the uh motion to basically say conditions one two three and four and fourth one being to be a
singlestory home only okay okay and Mr er you good with that i concur okay the one story is if it's at that L coverage lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot light lot coverage correct yes okay I've got any other comments for this
motion all those in favor signify by saying I any opposed i Okay let's get a roll call mr harrison no app proof miss Craig no miss Shelley no
mr mills yes mr costa yes miss Bush no a motion fails to carry correct with a four to two yes so that particular um question failed the application is still
um alive uh pending some additional conditions or someone making a motion to um deny or you can offer the applicant because you have an even number uh you need a minimum four to uh continue to a
date certain so you have the full roster of the uh the commission here well we've got the four to two so even if we had the other one it wouldn't matter i I I thought the vote was three three oh three the man went on oh okay you was
for it oh I I thought you were against it i'm sorry so we got a three to three vote which is considered a no vote yes sir and so you could you can let the condition stand and then um if no further actions are taken then the
applica the application fails uh for failure to me to obtain uh a minimum of four for approval okay and then he can he can make a request to continue for a full commission vote uh so the options
if are you can continue the item you can let the the technical denial stand in which case the applicant has the right to appeal to the county council um or you can you someone can make a motion to deny the application and if it receives
four votes um that application is is denied with appropriate findings i want to make sure the applicant understands the options here please so you have two options that I can see and I I'm going to interject here and I'll be corrected as if as necessary um
you can continue the case which means you come back in 30 days and when we have a full panel we're missing one gentleman down uh or you can take it as is as a denial and then appeal it to the council the county council and basically plead your case there and see how they which way they vote on it those are your
two options I believe uh no that's fine we'll we can take a denial if that's going to be the vote thanks well it's a tie vote so yes a technical denial mhm okay okay that settles that thank you no further motions that application is deemed
denied careful the discussion all right Miss Shel can I get the next case please yes sir case number V-25-026 variance to the minimum yard requirements in the urban single family
residential R5 zone classification mr shams this is you hi good morning again so the applicant is seeking a variance to reduce the western rear yard from 20 ft to 15 ft to allow the construction of a new 1320 ft detached
garage the site itself is 18,855 ft which is more than three times the R5 requirement it's currently developed with a 1374 ft home and a 470 square ft wooden shed the applicant is looking to
replace the shed with the new detached garage to house vehicles and trailers to keep them out of the rightway the existing shed is 10 ft from the western property line however um there is a 15t utility easement along the western side so the replacement structure cannot be
within the easement um the applicant wants to put the structure at the easement line which is 15 ft um due to the uh requirement uh a variance is required uh overall staff recommends
denial as it fails to meet three of the five criteria uh no special condition he's not prevented from building the garage and there is other space to house the structure if PLDRC finds evidence to approve we recommend three conditions uh
I'm available for comment or question thank you Mr shams any questions for staff hearing none is the applicant present going to come forward sir ma'am good morning you uh you want to get your
name and address for the record scott Baker 644 Williamsburg Drive Daytona Beach okay and yours ma'am and I'm his wife Diane Baker at 644 Williamsburg Drive okay you've heard the staff report is there anything you'd like to add to it um well the setback is normally 20 ft
off the back and we just like to put the new garage to the 15t with the We didn't know there was an easement so he pointed that out to us on the phone um so we would like to go with that set back to 15 foot we'd like to
keep the building set back from the front of the house and I do park truck my pickup truck with the trailer often which puts me right now on the apron and the sidewalk of the public street in front of the house on Williamsburg so
I'd like to set the garage back further to the 15t line so I could keep my truck my vehicle off the um sidewalk okay anything and just for aesthetics I mean if we put it out Paris where you guys
want it um the streets kind of go the houses are all in lined so if we have to move it it's going to actually be out past our house and not look aesthetically correct there's also a chainlink fence that's existing on that piece of property right now and it's
intertwined with with Syria and there's palm trees that would need to be taken down at an you know additional cost to take the fence down and the trees down to uh put the building at the 20 foot um normal setback
okay all right do we have any questions for the applicant miss Bush thank you chairman um so thank you for the explanation as to why you couldn't move the structure and why the variance
request is present um I see that you have a second second um apron poured are you planning on using that apron to access this garage yes that's the it was broken there's a there's a live oak tree on the corner um that's probably 300
years old the county guys told me and it had destroyed the existing the original apron and the sidewalk and the roots came up through the street so they milled the road and then they moved my the apron down 20 foot closer to my my
driveway now the 644 um the 640 that was that lot originally that had an apron and they had moved it down 20 ft to give me a little bit better straighter shot access to the new garage so you'll be using that apron to access
the garage once it's constructed correct okay and you currently park the vehicles outside correct yes is there a reason to park them on inside no not really okay thank you okay any other questions for the
applicant okay miss Summers do we have any public participation for this no sir okay we're going to close the floor for public participation open up for commission discussion or a motion i'll be glad to make a motion go ahead
Miss Shelley move that we approve case number V-25-026 subject to the staff conditions three of them listed on page five i'll second got a motion on the floor for Miss
Shelley to approve variance V25026 with the three staff recommended conditions and a second for Mr costa any discussion on the motion miss Bush thank you chairman um
again kind of going back agreeing with staff this doesn't meet any of the variance criteria number one number two the applicant is requesting a much larger accessory structure than what exists and I am concerned about not just the fact that this property might not
meet the imperous surface ratio but again we're building more without compensating where storm water might be located i understand the applicant's needs and concerns but if there's no need to park the vehicles inside and he just needs additional space I'm really
not sure how this building will provide that so I'm going to vote no thank you thank you Miss Bush any other comments all those in favor signify by saying I i any opposed i
Okay I've got Miss Craig and Miss Bush descent i believe I believe he said no as well mr ursen you said no also so we got another 33 yes sir same options um you could you
could have another motion uh mess with some of the conditions uh with no further motions it's going to go as a denial okay well I'd like to make a comment i guess I should have made it before we made took a vote but um we're talking to set
back to the easement not to the property line correct y and I have a problem with these that do that so I no sir that the setback is from the property line 25 20 ft from the property line
that is a 15oot utility easement that and by code a no principal accessory structure can be located within a platted easement you can't get a variance of that so the applicant originally had it that's where the ement came in yes sir so that's why it was 15
that's correct because I was the rear yard set back is 20 the easement i thought the setback was from the ement no sir the original structure and what the original proposal was to have it in the easement and because the code does not permit that you can't get a variance to that they had to locate it outside of
it and they're going outside as minimum as possible which is the 15 foot the rear yard setback is 20 right they were asking for a reduction of five feet my apologies i should have listened to it
okay all right okay we give the applicant an option here you could do a continuance to a full board which is one other person because right now you have a what they call a technical denial it takes four votes for a variance to be
approved and you got a seven member board right now it's three to three so uh you can ask for a continuous for a full board or you can accept the denial and you can appeal it to the county council if you wish to do that you can
go there on an appeal or you can accept the deny we need you on the mic please for the record thank you so if we do the continuence that we come back here again and we propose this whole proposal again okay that's just what I want to understand thank you okay
i need a motion if someone wants to do that are they that what they want to do they want to continue yes i'll make a motion on case V-25-026 that we continue this to the um May hearing i don't have a date for
that to a date for the May meeting it's May 17th may 17th for the May 17th PLDRC meeting may 15th sorry about that 15 all right I'll second that is it the 15th is it one before we So okay so motion is to continue this case to the
May 15th uh PLDRC meeting i'll second yeah no Mr d already oh okay he's confess okay i got a motion on the floor to continue the case V25026 to our next meeting of May 15
2025 for Mr costa and a second for Mr ersen any discussion on that motion only one suggestion to the applicants when they come back I would suggest they bring some letters of support from the neighbors outside of that I have no other comment any additional pictures if you could
okay all right any the other discussion okay all those in favor signify by saying I i any opposed everybody agreed to that okay motion carries unanimously see you next
month miss Shelley can I get the next case please yes sir case number V-25-027 a variance to the minimum yard requirements on urban single family residential R4 zoned property
okay Mr shames this one's yours also hi good morning again um so just wanted to point out this application did receive one letter of support from an adjacent neighbor um the applicant seeking a variance to reduce the east front yard from 25 ft to 10 feet for an 18,800
square foot detached garage the site itself is uh technically a corner lot as there's a front yard on the north and east side uh the owner recently combined the two parcels um the one where the house sits and then the parcel to the
south into one unified site it is now approximately 31,970 square feet which is more than four times the minimum area requirement of R4 uh the site is developed with a 1,700 ft home and an ingground pool with
screen enclosure there are also three accessory structures totaling about 587 square ft along the eastern property boundary um these structures are used to house the applicant's uh boat and equipment
for a commercial fishing business he has he wants a new garage to safely house his property the proposed placement of the structure is to ensure his boat trailer can navigate up the east side of the site without the need to turn around obstacles um he does access the site
from Doris Street and there is a drain field on the east side of the house so the space between the drain field and the eastern property line is 38 ft as you can see in a diagram and he aligned the structure so that he can drive
straight in and out along that space um the east property line and the area south of the proposed structure are heavily wooded um as I said it's a corner lot sub to two 25 ft front yards um in order to you know meet the
applicant's request the variance is required uh however staff recommends denial as it fails to meet three of the five criteria um there's no special condition due to the size of the property and is not prevented from building the structure outside of the
east yard um furthermore the orientation of the structure can be shifted further east uh PLDRC does recommend approval we have one condition and I'm available for comment or question okay thank you Mr chance mr costa uh two
questions the um what is a sideyard setback on this lot um minimum is 8 ft 8t sideyard yes sir and front yard is 25 and has with this additional structure
of approved with this where where to put them with maximum lot coverage are they still in uh they're well below well below yes okay thank you you're welcome okay any other questions for staff miss Craig did you say that it could be moved further to the east oh further west my
mistake oh thank you okay anyone else okay is the applicant present and Mr chair the applicant does not need to provide their name right i see that good morning sir morning how are you how's everybody doing okay you've heard
the staff report anything you'd like to add to that yes I I do um biggest concern we got we got I got two issues um one I agree with Mr shams i can move the building um in order to do so I need to clear out about 1,600 ft square feet
of perfectly good woods for no reason um if I'm granted the variance um I'm with Miss Bush as well on several of these things here the topics of flooding and concrete and taking the woods down when there's no reason to
um the east side of my lot um I don't know if there's an aerial uh picture from the top that we could look at but it is heavily wooded um we live on a dirt road it's non-countymaintained i maintain it um maximum speed if you're
lucky about 6 miles an hour 7 miles an hour at the bottom falling out of your truck um I could utilize this property to move the shop but unfortunately with the offshore boat business everybody knows they're big um I have several structures that have been removed from
the property already they've been sold my wife um was tired of all the eyes of having sheds and multiple buildings across the property um so we decided to go ahead and have one structure that can house my boats i do currently own three of them um my business is located here
in Valuchia County Just Hook Fishing Charters i fish out of New Smyrna and Pona Inlet area um this gives me the opportunity to keep my boats secured um in the one private building to where I can work on them and obviously keep them safe um unfortunately they're very expensive nowadays and it's about the
cost of my house is on one of my vessels that I own um also too if I was to turn the shop to try to access Pine Avenue there is a utility pole that I cannot navigate around without driving through my neighbor's yard and also the preservation of the oak trees that I
have here um I have they're not considered historic oak trees um but they are oak trees and there's no sense of clearing out this large amount of area um when the petition for the variance is only I'm asking for a few
feet i've had the sheds here um for quite some time i've had the property since 2011 um I wasn't aware of the 25- ft um requirement i've had these sheds here for a very long time um since I was made aware of this with Mr shams i have since removed them and sold them and
they're actually off the property now um with that being said the building is color matched to my house i'd have one freestanding structure instead of multiple um objects here in the yard with a very very minimal amount um we're looking at probably about 400 square ft
i'm planning on using the shop as you can see here to um probably the probably about half of it to a third of it in a pre-existing yard it's already been cleared that way I don't have to clear out any more of the property to to accommodate um the building which like I said is about 2,000 square foot I'd have
to clear in the property behind me okay any Mr costa you had a question yes good morning the uh the access on the proposed building would be you'd be coming in from Doris Street correct yes sir i'd be accessing my own property um I wouldn't be using any easement or anybody else's property so you come in
off a door so you're not you won't be touching the woods that are on Pine that are sir okay and the the thing about moving it to the west I see that on the area I see the wooded area you're talking about but it also looks if you pushed it over that it would also line up that building with the back side of your screen pool screen deck which I
don't think that would be aesthetically pleasing either yes um and also to something else I want to bring to your attention um the proposed plan here is to leave the uh building approximately 27 feet 1 in off the rear property line if I was to move that to where it was
centered um and face centered in the backside um there's a recently purchased house that was several hundred,000 um we'd be putting the building approximately 9 to 10 ft off the property line which would be an eyesore to my neighbors um as well right now I
have a 27 foot buffer with oak trees there that actually hides the building and I just want to clarify the statement you made earlier so the three sheds or existing buildings that I'm seeing on the drawing those are eliminated once the new building goes up they're already gone they're already gone yep and also
the um structure where I kept one of the boats um on the west side of the house that has also been removed as well okay so I have no structures on the boat the boats are actually sitting in the front yard right now and we also have I also see that we have one letter of support from one of your neighbors in the packet
okay all right that's all the questions I have thank you okay any other questions for the applicant okay seeing you have one one more that letter supports from the owner to the rear of the property is that correct the
reader of the property sir the rear of the property the rear the letter that was received we don't know who sent a letter is that right behind i I have no idea who sent a letter and I do I have one of my neighbors here
present um with us but I'm not aware of any letters that were sent in we got nobody nobody told me anything so that's even I guess even better long as it's in support okay we've got the letter of support and also we have a request in favor of it so after we hear their
comment we'll probably close the four for Okay thank you sir i appre I appreciate it all right you can have a seat now mr regginal Mill good morning sir you have something you'd like to add to this good morning uh Reginald Mills i live at uh on Doris
Street a neighbor of him his I'm sorry and I have no objection to him putting up this uh structure i think it uh it's it's architecturally uh designed and and approved and uh I I have no objection is
all I need to say all right thank you sir thank you for your comment okay do we have any other public participation forms for this case no sir all right we're going to close the floor for public participation open up for commission discussion or a motion i'm prepared to make a motion Mr chair go
ahead Mr cross case B-25-027 uh motion to approve the variance with one staff recommended condition second we got a motion on the floor for Mr casa to approve V25027 with the one staff condition and
a second from Miss Shel any discussion on the motion i just have a comment go ahead um I know um staff lost there's no special conditions but it's always something that I look at uh consider when I'm making a decision is the fact
that this house is considered having two front yards which also changes uh the setbacks so just wanted to put that out there all right Miss Bush thank you chairman um thank you for answering my question that I was going to ask about access off of
Pine Drive i think after looking at the aerial it's pretty evident that that would be really difficult to get big vehicles in and out of there so I understand why you'd want to bring it off of Dora Street um I did have a question maybe for staff or or you and I apologize I didn't get it out beforehand
um but the I know you tore down the shed but the smaller shed was closer to the side of Pine Street than what you're what you're proposing here it was actually approximately 4 foot okay um I have since I didn't tear those down um
they were actually sold um I have a friend who owns a shed moving business they were sold um and moved out by truck and trailer um obviously gives them plenty of room there the drain field was another concern to try to navigate some of these larger vessels in and out um obviously the one one boat's probably
about 12,000 lbs um I don't want to fall through my drain field either um nor do I want to tear up any of the neighbors property by swinging it out um and crossing over their property as well understood okay thank you for that additional um answer um you know
normally I would probably you know again not meeting any of the variance requirements be um a denial on this but I think that this does pose some very special conditions there is a hardship for a business owner here um though I did not see the aesthetics of the
building within the application i would like to see that moving forward from staff or for future variances that was something that I always requested or looked at when I served and provided um uh support from the staff perspective to
PNZ boards that I provided um that I worked for before uh just to make sure that it is in keeping with the um architecture and the um similarity of the house but I trust that you and your neighbor have worked out that it's going to look that way so um those are just my
comments i will probably be approving this so thank you any other comments all those in favor signify by saying I i any opposed motion carries unanimously congratulations miss Shelley can I get
the next case read please yes sir case D case number V-25-028 variances to construct a single family dwelling on a substandard lot and reduce the minimum yard requirements on urban single family residential R9 zoned
property thank you Miss Shel mr harris this one good morning the applicant is seek seeking variances to construct a new two-story single family residence on a substandard lot and reduce the minimum
front and rear yard setbacks variance one is to allow construction on a substandard lot that does not meet the required 75 ft width and 7500 foot minimum of the zoning classification variance two is to reduce the front yard
from 25 ft to 20 ft and variance three is to reduce the rear yard from 20 feet to 19 feet the property is a 3,400 square feet and consider a substandard lot because it is less than 5,000 square ft
in area the parcel is 50 ft wide and and was reduced to 67 feet deep due to Florida's Department of Transportation's rightway acquisition along Turtle Mount Road in the 60s a similar variance was
approved in 2017 but expired without development the proposed home footprint measures 36 feet by 28 ft and reflects the minimum variance needed to provide a reasonable buildable area environmental permitting review the request and
requires compliance with class 2 overlay standards staff recommendation is to approve variance requests one two and three with conditions as it meets five of the five criteria i'm available for any questions you may have okay any
questions for staff from Miss Bush the environmental permitting letter says that they do not have any issue with a reszoning i'm assuming that that's a typo okay um I assumed that um and then are there any architectural elevations
for this home uh they were not provided do we know where the driveway is going to be located oh it's not on the site plan yeah Miss U Scott Ashley zoning the applicant hasn't provided that
information just yet i don't think they're gone to the building permit phase just yet they know they have uh issues and also from the staff report we've indicated this was a previous variance that expired uh so they're basically coming back showing that they
would meet the same standards as that previous case so the final drawings if you will have not been uh provided and determined it is frontage would have to be driveway connection would be to Turtle Mountain Road it is a countymaintained road uh so it' be uh be
addressed by our permitting staff would be the development engineering group that look at spacing from a neighboring property and then has to be at least 5 ft from the subject property line understood um can you tell me how the applicant is meeting the 35% coverage
for the class 2 overlay it wasn't clear in the environmental permitting letter that's I didn't see if the comment the staff made that comment but it is a requirement of the class two that they'll have to demonstrate uh through the building permitting process not only
35% native vegetation also on-site storm water requirements as part of the class 2 provision um because of this the size of the property the typically staff environmental staff has worked with applicants on these much smaller lots to
get to that requirement they have more latitude because it is a land development code provision versus a zoning requirement to try to address um unique circumstances like this lot okay and then do you know what the ISR ratio is on this lot
i don't think no ma'am um if they are not exceeding the 35% lock coverage uh we have not that's all we're looking at they could under the code go up as tall as 35 ft for to the zoning but we don't generally apply the uh floor area ratio
on to residential primary commercial you don't and that includes the driveway well the impervious here that's what's goes back to the regular permitting we talked about earlier 35% is the building coverage that we deal with the 80% is the impervious from the land development
code so we'd look at that as part of the permitting that's where you concerned about the 35% uh common open space or planting area that the environmental staff would be looking at right that was for the class 2 overlay so the ISR I would assume would be different it'd be different but
I mean as far as impacting the property that's you're going to it's eat away at that overall impervious that they would be normally allowed because a much smaller lot's going to be comp compressed and have to meet the uh drainage and the vegetation requirements
so I don't we don't have that number yet because all they're showing is the building pad we don't know where the driveway is there going to be a patio anything like that at this point understood um just know going forward that that's going to be questions that I'm gonna always ask just because of the flooding issues again I don't want to
have to sound like a broken record here um but we are you know the the variance request is for minimum yard setbacks which means that the building is larger so I would definitely want to see the ISR as a part of that and I'm under the impression and I don't know if this is
accurate or not that ISR changes per zoning district like it would be less in an agriculture zoned property and it would be substantially more within residential i don't know if that's accurate or not i have not done a deep dive into your zoning codes so it's
standard 80 and 35 across the board yes okay thank you okay any other questions for staff Scott real quick here we're not asking for lot coverage variance correct uh we are not okay so that if if they were to
do the more than 35% then we they'd have to ask for a variance correct uh that's correct okay all right that was just what I needed to know okay is the applicant present good morning good morning sir could I
get your name and address for the record yes sir my name is Brent Walters 421 North Causeway New Smyrna Beach 32169 okay you've heard the staff report anything you'd like to add to it um just a little bit of clarification u the driveway will front Turtle Mound Road um
as a normal driveway it's the only road this is not a corner lot or a through lot um the impervious service ratio we will meet all those criteria um we're not asking for any variances there um as far as the class 2 overlay with native vegetation all those we're very familiar
with building in the area um I actually received this variance several years ago uh then sold the lot um and then it's coming back to life again we'll be building for the the owner um yeah we don't have the elevations for the house but it will be a coastal style house
that fits down the area there we're very familiar with building them i appreciate your consideration all right any questions for the applicants okay Miss Summers do we have any public participation for this case no sir okay
we're going to close the port for public participation we'll open up the commission discussion or motion prepare to make a motion Mr chair you're ready big come Mr costa kb-25-028 um make a motion that we approve variance numbers 1 2 and three with the two staff recommended
conditions second i got a motion on the floor from Mr d costa to approve variance V25028 with the two conditions and variances one two and three and a second from Miss Shelley any
discussion on the motion miss Bush thank you chairman um I realize that this is you you're requesting this variance again but there are different people up on the dis at this point reviewing this information um and I just would need to see additional information in order to feel comfortable um granting these
variances especially with the staff recommendation of denial so that's my comment thank you staff recommended approval approval staff recommended approval we've meet all five criteria additionally we're the floor is closed we'll we'll take care of this okay yep
yeah approval recommended approve well there is a correction to it says approve variance request one through four it's one through three yeah that was the four is a typo three yeah for the record and the motion
uh yeah I said variances one through three i didn't mention four mhm there is no two conditions from staff mhm okay any other discussion on the motion all those in favor signify by
saying I any opposed i I motion carries 4 to two with Mr ersen and Miss Bush in denial in dissent not descent i'm getting all confused here this morning
okay Miss Shelley could I get the next case please yes sir case number V-25-00001 reszoning from the prime agriculture A1 zoning classification to the Rural Agriculture A2 zoning classification thank you Miss Shelley
miss Ray this one is yours good morning the applicant is requesting a resoning from the Prime Agriculture A1 to the Rural Agriculture A2 zoning classification um the applicant's intent for the resoning is to subdivide the
property into two 5acre parcels uh the property is triangular in shape and is currently developed with a single family residence on the northwestern portion a mobile home on the southern portion and accessory structures in the northeastern point uh the surrounding area is
primarily developed with single family residences and used for agricultural uses um the subject property is also directly adjacent to A2 zoning to the north south and west the future land use for the
property is rural which allows a maximum density of one dwelling unit per 5 acres um it also consists of areas that are a mixture of agriculture and lowdensity residential the property is located within the natural resource management area and the Florida wildlife corridor
overlay environmental reviewed the uh request and stated there was no objection staff's recommendation is to forward the resoning to county council for final action with a recommendation of approval i'm available for questions thank you Miss Ray any questions for the
staff miss Bush sorry did the applicant submit um a proposed lot subdivision to show where those parcel lines will be uh the applicant is present might be able to address that answer better okay thank you thank you
any other questions for staff the applicant present good morning Miss Gv good morning for the record Jessica Gallob call firm one Daytona Boulevard in Daytona Beach Florida um quick background on the overall reason for the reasonzoning and
then I'll address that question um this property um as noted is surrounded by kind of developed single family um we have two dwelling units on the property right now consistent with the future land use um the property owners are going through a divorce and as part of that proceeding um the property is is
meant to be split and so we're going through this process um the structures will not change um they're already at that maximum dwelling units per acre so there's no change to the actual configuration of the property itself it is just creating two parcels of record
so that assets can be divided um consistent with the future land use we think that um the goal here makes sense it is outside of the flood plan there are no changes actually to the number of units like we noted um we have submitted a proposed line um that kickstarted the
discussion on needing to change the zoning classification to allow for that 5 acres consistent with the land use um it is not displayed here but that has not undergone staff review yet which is why we're not showing it just because we want to make sure those proposed lines check all of the boxes of the A2
district so we have a a preliminary line that could shift it'd have to be fully in line with the A2 thank you Miss Go thank you any questions for the applicant do we have any public participation forums for this case no sir okay we're
going to close the floor for public participation open up for commission discussion or motion i'll be glad to make a motion go ahead that we forward the resoning application case number Z25-00001 to the county council for final action with a recommendation of
approval now I'll second that okay i got a motion on the floor for Miss Shel to forward the resoning application case number Z25001 to the county council for final action with a recommendation of approval and a second Mr ersen any discussion on
the motion all those in favor signify by saying I any opposed motion carries unanimously okay i think that pretty much covers all of our business for
today so do uh Mr ashley or staff do we have any other public items no sir we do not any staff items no sir okay any staff comments just welcome our new members to uh to
the PRC okay any commission comments uh just about the package we did discuss that prior um just maybe if we can improve that of what's that the packet receiving the packet
yeah just just so we can focus on that or maybe make them available electronically yeah where we at on that Mr ashley one time we weren't going to be getting last our last meeting we pretty much discussed picking them up here i know I
had to defer to Elana but I know that it is available electronically it can be emailed uh we make a package available if you want to pick it up i don't know if we're still mailing them or not can Yeah we mailed them last month we mailed them so I I don't Yeah West Side didn't
get them east side did and that's weird low mail i think that was the I did not receive a packet and I'm on the east side so you got it i did not oh I did not receive it okay okay we'll have to work on that apologize i don't know if we can do next day true
but that cost we'll see what our budget well yeah we're lucky we're getting Yeah we had to kind of come to a agreement that you know we'd do the best we could to pick them up but if if
I'll I'll accept the mailing but it's just you know like I said before yeah if you don't get them contact I guess we can contact Miss Summers and at least have one a packet sitting here for us when we get here uh the morning of the meeting i know a lot of us like to flip
back and forth through the pages while we're going through a case and so if you're doing it electronically it makes it more difficult unless we had our own laptops like Miss Bush here she's brought her own and um so just do the
best we can yes as long as we have that certainly work on that okay any other commission comments mr costa yes i've got actually two um first I'd like to start off with welcoming our new members and if we could take two minutes
and for them to introduce themselves and so we can get a little history on their background know where they come from that would be okay yeah mr paris we'll start with you thank you uh born and raised in New Jersey retired paramedic moved down here after
9/11 and I got involved in uh a lot of homeowner associations as a licensed community association manager here in the state and I'm a business development director currently for a large corporation uh other than that just look forward to serving and helping out okay
okay miss Bush thank you um so I am an executive director of a nonprofit that serves nine different counties in Central Florida prior to that I was the development services manager for a small city in Central Florida i have my AICP so I am a
certified planner have experience being staff serving planning and zoning boards and also being a consultant on the side um writing variances and reszoning requests in Orange and Seminal counties um I currently also am an adjunct professor at UCF teaching land use and
planning and I serve on several advisory boards for the professional development of planners and um practicing zoning um officials as well so I have a lot of background and experience in this um prior to this I was on the Semino County Parks and Rec Advisory Board when I
lived in Seminal County i recently moved to Deltona um prior to that I was a resident of um Deltona and served on the Echo Advisory Board so I do have probably a decade of public experience both working for local um and county
governments and then um also serving on these boards so looking forward to sharing those experiences with you all and um hopefully you know providing good um expertise in the matter as well um I do have a question for staff if I could
um again when I was staff um our planning and zoning board members were able to bring items forward for consideration for land use changes um not land development regulation changes changing to um different uh uses within
zoning codes um just updates and things like that is that something that we can do as sitting members yes uh we've you know this this commission is very vocal and is not shy about um expressing their opinions on how our code works um so the
you know if if there's consensus from uh you know the commission uh you know staff brings it forward we get further direction from uh our elected county council um and then we we workshop it and then uh as you may be aware we bring
it back here for how many meetings of workshops and then you know we get final approval by whatever mechanism is appropriate to to county council okay wonderful it's great to hear thank you yeah i I forgot to add one thing kind of
a little important here i am the president of the Valuchia community association advisors which was recently established and what we do there is we are educating these owners specifically on the oceanfront buildings because of the ser and what happened in Miami so I
I'm really working hard and dedicated to that organization here in Valuchia County it's actually currently in session right now and I'm unable to miss I'm able to miss it but we're going to move that date moving forward but thank you very much thank you mr costa you had a question yeah I still have a comment
so obviously we had a changing of the guard uh but nobody's addressed that to us yet so I would appreciate that from staff if if we have a a handler situation that has changed that we'd be addressed uh in advance of the meetings uh so that we know in the in case we had
an emergency and couldn't make it into work uh the only number that I have apparently is no longer working so uh can somebody kind of enlighten us as to what occurred there please i don't have much to add other than she's no longer with the Valuchia County
perfect so who's our new point of contact well right now I'm the uh acting interim if you will to oversee the PLRC so if you have questions you can call me okay my telephone number is 943 well that would be good if you had sent that out as an email prior to is what my
point is in other words we were kept in the dark till the And obviously had I not brought it up it wasn't being addressed at all and I'm not I'm speaking for myself not for the rest of the panel but I think that that was a um however whatever occurred is irrelevant to me it doesn't matter i'm not in that
department i don't work for county but I think from where we sit is that if that was our point of contact that someone should have reached out and said "Hey there's been a change of the guard here's the new contact information." And we moved forward and always and always said but by basically by remaining
silent it threw a big red flag up to me i just have a if you would send that out in an email to us your new the contact information scott thank you sure miss Bush you had another comment yeah I just want to echo what um Vice
Chair Costa said um I was interacting with um Trish I believe um Miss Smith uh for some personal questions that I had and I got her no longer in office email which is why I knew to just contact Yolanda as a new board member I really
wasn't sure who else to go to at that time and there are still some significant outstanding questions that I had for Miss Smith that have gone undress unressed and I have reached out to Carol um she did I saw her at the um Ostein community meeting she did
indicate she was going to get back to me i know you all are very very busy um so I I understand and appreciate that but I would like uh some response to those questions one of which I would love to just ask right now um she indicated that that Ostein community meeting was based
on an updating of the ear of the comprehensive plan but that ear I believe was done a few years ago or there was a letter submitted saying that that you didn't need to update the comp plan so I'm just can can you tell me when you are um going to update the comp plan and why that meeting was called as
an update to the ear and that's an evaluation and appraisal report so a requirement by the state to update the comp plan every seven years i'm not sure that the Ostein meeting that was held was uh an ear
update that was a specific discussion on um the Ostein local plan uh set up to have comm the members of the community you know uh it was in the public notice as an as it said it in the
public notice so I I understand and I agree with you but it was put in the public notice that way so that's why I asked that question i'm not I'm not sure um other than uh I'm not sure what left what what is left to do on the arty year report um we had
been updating it um and I'm I don't think there was anything left to do it but that's something we'll have to check yeah I was I'm not been part of the year process because I was zoning i hadn't been doing PEL RC and comp planning for
about four and a half years now so uh we'll look into that but my understanding there were issues with the Ostein questions so uh in requests from the community to have a meeting to discuss it staff certainly has had issues
um dealing with the Ostein regulations for properties and as pointed out some of the recent cases down there so that was one of the reasons we're looking at possible modification and we wanted input first get direction from the the
uh residents of the area and then from there look at coming back probably to maybe council to give here's the insights we received from the neighbors and this is what we think may need to be happening give us direction on how to move forward understood but far as that
I personally didn't know is anything related to the ear I was just really curious on the ear I understand the community process and what the intent is behind that community meeting really just that connection are you currently updating the comp plan are you in that ear process now i don't believe so i
don't No okay because that was supposed to be done back in 2021 I believe was the requirement right we we were up we have been updating the um the various elements you know as it comes across um for our earbased amendments i mean
that's this it went before this commission and this commission has been you remember the plan the many discussions on potable water sewer those were our earbased amendments we've been doing it as individual elements we didn't do the whole document all at once so it's been coming up as the documents
in my understanding yeah we passed a lot of different elements but they were done in singly I say passed we sent recommendations to council on the uh sanitary sewer element the Uh then we did affordable housing and and
transportation yeah I think the land use is not is still in the works though okay any other comments Mr yeah sorry yeah we did do we did not touch the local plans because um because the ear is is making
sure you're consistent with the state right local plans are an entirely it's our thing right there's no there's no state requirement to check other than internal inconsistency so uh I think we're done with the ear amendments as
far as right I'm being told next update is 2029 so if you're still here and sitting we get to do that rodeo again okay and for our new members I'd like to say that you know from my perspective sitting on this board and I understand
Miss Busher from the with your knowledge and everything he was more into the regulatory side and I that's why and I find that from the regulatory side it's always a black and white issue either it is or it isn't and the reason for this
variance board is to look into the gray area that if it makes common sense and if it's if it's if it works within the area because you know one shoe doesn't fit and a lot of the codes and things so if it seems like we're not following the
specific criteria is because we're looking at it from an objective way of what the homeowner is presenting to us and so it may not be the black and white side of it you know it's it's more of a does it make sense you know does it fit
uh there there's just a lot of things that go through each and one of our minds is whether how we feel about it and so but I will say this as myself and I speak for myself and a lot of probably a lot of the
members I do respect everybody's opinion and and give and will give you that respect because you're there's no wrong I think I've told some of our other members that come in before there's no wrong opinion you you know we I respect your opinion and that's what we're here for
so it may seem like we're battling each other but that's not the case a lot of times you know no and I just want you to to to feel comfortable with that absolutely i I appreciate that um so far I felt pretty comfortable being the lone descendant or uh you know naysayer uh on
on uh these um you know I I am um under the impression and you know my training and background um I have offered flexibility to the applicants that have come through the communities that I've served it really just depends on whether that onus is truly a hardship or not and
I understand that very necessary gray that's why I did vote for a few of those even though they didn't necessarily meet the requirements of the variant but I am going to look at the entitlements that are given to a property and stick clearly to those just because we as
property owners have to follow those rules for the health safety and welfare of the general public that is why our elected um body is is elected to serve in that realm um both at the local level the state and the federal level so I take that very seriously and we have
those rules in place to help ensure that we don't do um harm as we continue to develop in our community okay thank you all right i just wanted to you know just give you the latter side of may it may seem like we're we're on opposite ends
all the time but I'm just telling you from my point of view okay it's our first meeting yeah okay all right any other commission comments press and citizen comments this
meeting is adjourned