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Board approves after‑the‑fact variance for pool enclosure at 239 Fuchsia Street

July 18, 2025 | Daytona Beach City, Volusia County, Florida


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Board approves after‑the‑fact variance for pool enclosure at 239 Fuchsia Street
The Board of Zoning Adjustments on July 17 approved an after‑the‑fact variance allowing a newly constructed pool screen enclosure at 239 Fuchsia Street to remain despite minor encroachments into a required interior side yard setback.

The application (BOA2025‑011) sought permission to reduce the required interior side yard setback from 5 feet to 4.3 feet for a newly constructed, approximately 1,143‑square‑foot screened pool enclosure attached to a single‑family home. The approval also serves to finalize an expired building permit on the property (Parcel ID 521901002430).

Louis Fiore, a designer for Bob Harrell's All Seasons Swimming Pools, told the board the screening enclosure crossed the setback because the lot tapers and the post‑construction survey showed the screen slightly over the line: "As you went from the front property to the rear property, there was just a slight taper that I didn't catch, and that's what happened," Fiore said.

Board members discussed alternatives such as removing and rebuilding footers and whether the city could levy fines. Staff clarified that after‑the‑fact permit applicants are typically charged double the normal fee for the variance process (the example given was $300 normally, $600 for after‑the‑fact cases). The board voted 5–0 to approve the variance; recorded yes votes were John George, Charles Cameron, Leon McCray, Patrick Connors and Chairman David Betts.

The board noted the encroachment was small — measured in fractions of a foot — and that repairing or moving the enclosure would require removing footers and redoing work. The approval finalizes the permit and allows the homeowner to seek a certificate of occupancy if all other code conditions are met.

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