Volusia Planning Commission Debates Variances and Zoning Regulations

The Volusia Planning Commission’s August 15, 2024, meeting covered several significant zoning and variance issues, including debates over property variances, zoning compliance, and the regulation of shipping containers on agricultural land.

A critical moment of the meeting involved the discussion of case number V-2455, regarding variances to minimum yard requirements on an Urban Single Family Residential R4 zoned property. The applicant sought to resolve existing code violations and complete a lot split. Staff recommended approval for variances one, two, three, and six but advised against variances four, five, and seven, citing failure to meet one of the criteria. The applicant’s representative, Jennifer, detailed the property’s unique characteristics and the complications arising from its angled corner lot configuration. She emphasized that the variances were essential to avoid undue burden on the client and noted the long-standing presence of the structures without prior complaints.

Public comments included concerns from Mr. Richard Moski, who questioned the potential increase in density and the location of a septic system for the subdivided properties. The commission engaged in thorough discussions to ensure all voices were heard before concluding the public participation segment.

The meeting also addressed a case involving an accessory dwelling unit (ADU) on rural agricultural (RA) zoned property. Staff recommended denial of the two requested variances, which would reduce the north side yard to 15.1 feet and the west rear yard to 44.4 feet. Watts, representing the applicant, explained that the ADU’s construction had encountered issues due to a contractor’s error, resulting in encroachment into the setback. Neighbor Orville Brandon voiced frustration over perceived zoning violations and lack of conformity to local regulations, emphasizing the community’s concerns.

Equally significant was the discussion on a property on Westdale Circle, primarily about zoning compliance and the status of an ADU. Concerns were raised regarding the property’s intended use for rentals and the presence of three electric meters, contrary to zoning regulations. The commission heard multiple complaints from neighbors about the property’s non-compliance, including issues with multiple structures exceeding the main house’s square footage.

The commission delved into a request for variances related to a staircase and dock area expansion. A motion to approve variances with amended conditions sparked debate over the application and permitting timelines. The applicant sought to rectify a dock’s oversized status by obtaining a variance to increase the dock area from 750 square feet to 1,168 square feet, after having constructed roofs over existing boat slips without necessary permits.

A notable case involved a rezoning request to change a 10.51-acre parcel from Prime Agriculture (A1) to Rural Agriculture (A2). The applicant, Fiona Ash, clarified that the property would remain pastureland, despite concerns from neighbor Randy Montgomery about potential increased density and road maintenance issues. The commission unanimously approved the rezoning request, forwarding it to the County Council.

A discussion ensued regarding a Planned Unit Development (PUD) proposal near State Road 15A. The development, planned in two phases, raised concerns about traffic implications and the adequacy of the traffic analysis. The applicant’s representative highlighted adjustments made in response to resident feedback, focusing on preserving natural areas and creating a transitional boundary between commercial and residential uses. Despite concerns about spot zoning and enclave creation, the commission evaluated the proposal’s alignment with existing densities and intensities in the area.

The commission also tackled the regulation of shipping containers as accessory structures in agricultural, commercial, and industrial zones. Scott Ashley, zoning manager, presented an ordinance to amend Chapter 72 of the code to allow shipping containers primarily for agricultural storage. The proposed ordinance aimed to establish specific regulations, including building code compliance, location requirements, and usage restrictions. Debate centered on the implications for agricultural properties, the requirement for building permits, and the number of containers allowed per lot. The commission acknowledged the need for further refinements to balance property rights, practical usage, and regulatory compliance.

The meeting concluded with a motion to continue the discussion on the shipping container ordinance until the October 17 meeting, incorporating feedback provided during the session. The commission expressed appreciation for the staff’s efforts amidst the complexities of ordinance creation and encouraged more open dialogue between residents and staff to alleviate misunderstandings about development proposals.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
County Manager:
George Recktenwald
Planning Board Officials:
Edith Shelley, Pat Patterson, Ronnie Mills, Frank Costa, Stony Sixma, Jeffrey Bender, Donna Craig, Trish Smith (Senior Planning Manager)

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