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Variance approved for major home addition despite staff denial

September 20, 2024 | Volusia County, Florida


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Variance approved for major home addition despite staff denial
In a recent government meeting, the Planning and Land Development Regulation Commission (PLDRC) addressed two significant variance requests impacting local residential properties.

The first case, identified as V-24-070, involved a request from Jamie Moffett to reduce the west rear yard requirement from 40 feet to 20.1 feet for a proposed 530.4 square foot home addition to an existing single-family residence built in 1985. Despite initial staff recommendations for denial, the criteria for approval had changed, allowing for a recommendation of approval as the request met four out of five necessary criteria. Notably, a letter of support from an adjacent neighbor was included in the report. The commission unanimously approved the variance with one condition from staff.

The second case, V-24-072, sought a variance to allow an accessory dwelling unit (ADU) to exceed 50% of the living area of the principal structure. The applicants proposed a two-story ADU with a total living area of 1,312 square feet, which constitutes approximately 65% of the main residence's living area. Staff recommended denial of this request, but indicated that approval could be granted if the applicants provided substantial evidence to support their case. The discussion highlighted confusion regarding the measurement criteria for the ADU, specifically whether it should include only living space or the overall footprint of the house.

Both cases reflect ongoing discussions about residential development regulations and the balance between individual property rights and community standards. The PLDRC's decisions will have implications for future residential projects in the area.

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