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Board finalizes after-the-fact variance for Blue Starfish pool enclosure that encroached on setback

August 22, 2025 | Daytona Beach City, Volusia County, Florida


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Board finalizes after-the-fact variance for Blue Starfish pool enclosure that encroached on setback
The Board of Adjustment voted 5-0 to grant an after-the-fact variance for a screened pool enclosure at 292 Blue Starfish Place, allowing a newly constructed 1,102-square-foot screen enclosure to remain despite encroaching into the rear-yard setback. The variance, filed as BOA2025-017, sought relief from the First Amendment to the Minto Tomoka Parcel B planned district agreement (section 3.b.0.1), which requires a 5-foot rear-yard setback.
Contractor Kobe Moore of Centimeters Designs Inc. told the board the structure was built from approved plans, and that a final survey performed after construction showed the enclosure’s far corner extended roughly 15 inches beyond the allowed 5-foot setback. "By the time we did a final survey, it was out the very tip corner about 15 inches," Moore said, asking the board to approve the small encroachment rather than require disturbing a finished installation.
Board members examined aerial photos and the surrounding area; one member noted that the rear of the property backs to an open conservation/drainage area and observed there are no immediate neighbors across that open space. Staff confirmed that granting the variance would finalize the building permit on the property. After the presentation, with no public opposition, a board member moved to approve BOA2025-017, a motion was seconded, and the roll call recorded affirmative votes from Charles Cameron, Patrick Connors, Leon McCray, John George and David Betts.
The board’s approval applies only to the setback encroachment described in the application; the approval completes the permitting process for the existing enclosure as presented to the board.

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