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Board approves 1.1-foot rear-yard variance for pool at 13 Audubon Lane
Summary
The Planning and Zoning Board granted a 1.1-foot variance to the PUD 20-foot rear-yard requirement for a pool, spa and deck at 13 Audubon Lane after staff determined criteria were met; the applicant said surveys showed differing measurements and removal would cost about $10,000.
The Flagler County Planning and Zoning Board unanimously approved a 1.1-foot rear-yard setback variance for a pool, spa and deck at 13 Audubon Lane (Lot 44, Sugar Mill subdivision) on Jan. 30.
Planning staff presented the application as an “after-the-fact” variance: permit materials initially showed the new pool and deck meeting the PUD’s 20-foot rear setback, but a final survey measured the improvement at 18.9 feet. Staff displayed multiple surveys by the same surveyor showing small discrepancies (18.9–19.0 feet) and recommended approval, finding the variance criteria in land development code section 3.07.03(e) had been met.
Jessica Manis, office manager for East Coast Pools and Spas and speaking for the contractor, told the board the project began before she joined the company, that multiple surveys showed different measurements, and that bringing the improvements into compliance would cost “upwards of $10,000.” She said the contractor and owner believed the project met the 20-foot setback when work proceeded.
Staff noted the improvements remain outside drainage and utility easements and that the encroachment is minor relative to the yard’s size; staff’s recommendation was approval. A board member with general contracting experience said he had seen similar survey variations and agreed the encroachment was slight.
Board member Mister Boyd moved to approve the variance; the motion was seconded and carried with all members present voting aye. The board’s approval allows the pool, spa and deck to remain at the measured setback.
No further conditions or follow-up tasks were recorded at the meeting.
