Planning board deadlocks on larger pump house for 3 Pelican Lane; variance fails after public opposition

The Flagler County Planning and Development Board failed to approve a variance to allow a larger pump house at 3 Pelican Lane after the board split 3-3 on a motion to approve.

The applicant, Raymond Royer, requested a street-side setback variance and a small lot coverage increase so he could place a 12-by-8-foot pump house with a mean roof height of about 7 feet 6 inches (9 feet 3 inches peak) closer to the street than the code normally permits. Staff summarized the request as a 23.34-foot left street-side setback variance from the 25-foot requirement and a 1.2% lot-coverage variance for a pump house accessory to a pool. The pump house, Mr. Royer said, is intended to house specialty pump equipment for an exercise-style swim system and associated mechanical equipment.

Neighbors objected repeatedly at the hearing. Dan O'Connell, of 7 Mockingbird Lane, said the board previously granted enough variances in February to allow construction of a pool and pump house and that the additional height request lacked technical justification: "The approved variances are quite sufficient for a pool and a pump house," he said. Jackie O'Connell and Maureen Bronk echoed concerns about size, sight lines and neighborhood character; Bronk told the board the applicant had "created a self-induced hardship" by pursuing a larger structure.

Royer argued the equipment requires more internal volume and that workshop conversations with county staff led him to believe a taller structure would be acceptable. "I was told at the workshop that I could go up to 12 feet," he said, adding that the pumps he will buy are designed for salt-water, coastal use and that the equipment would need protection.

Board discussion focused on whether the applicant had presented technical evidence to support the claimed equipment-related need for added height. Several members said outside contractors told them a small pad would likely suffice, while others said the applicant had described potential heat and ventilation concerns. "We don't have any evidence of what heat load is going to be generated or how to manage it," one commissioner said during debate, urging that an engineering report be provided if a larger height is to be granted.

After public comment and board discussion, members called a roll-call vote on a motion to approve the variance. The motion resulted in a 3-3 split, which staff interprets as a failure to approve the request; the planning board chair announced that outcome and the motion did not pass. The applicant may reapply with additional supporting documentation or return with a revised proposal.

The board also noted procedural history: earlier versions of the pump-house variance and related variances for a pool and pool deck had been considered at multiple meetings and had been appealed to the Flagler County Board of County Commissioners; the county commission had previously denied an appeal related to a height condition. Staff reiterated that the local code does not bar an applicant from reapplying after a denial.

With no affirmative majority, the planning board did not adopt new conditions or approvals for the pump house and the previously approved pool-related variances remain unaffected.