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Board grants setback variance for detached garage on mostly-wetland Sweetwater lot

6115029 · October 14, 2025
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Summary

The Planning and Development Board unanimously approved a 10-foot side-yard setback variance for a detached garage on Lot 24 of Sweetwater Unit 1 after staff said roughly nine of the lot's 10.5 acres are wetlands and only about 1.3 acres are buildable.

The Flagler County Planning and Development Board unanimously approved a 10-foot left-side (east) yard setback variance to allow a 65-by-40-foot detached garage on Lot 24 of the Sweetwater Unit 1 plat, a property staff said is largely wetland.

Planner Simone Kenny told the board the 10.5-acre lot contains approximately nine acres of wetlands that have been dedicated as a conservation easement to the St. Johns River Water Management District, leaving roughly 1.3 acres of buildable upland. The owners propose a single-family dwelling in the buildable area and a detached garage intended to house an RV; staff said the owners need a 30-foot separation between the dwelling and accessory structure to maneuver the RV, which places the garage 15 feet from the left (east) property line and therefore 10 feet inside the required 25-foot side-yard setback.

Kenny read the county’s variance criteria and said the prevalence of wetlands on the lot constitutes an extraordinary condition not created by the applicant, and that an accessory structure is a permitted use in the agricultural district. Staff reported no public objections; the applicant, Wilbur Fair, spoke and said the design reflects limitations imposed by the conservation easement and the need for room to grade the dwelling because the property is in Flood Zone AE.

Neighbor Henry Ellis, who lives at 110 Creekside Drive directly east of the subject lot, attended and said he was primarily there to learn about the proposal and expressed a willingness to cooperate with the owner on future plans; he did not register opposition during the public comment period.

Board members discussed the limited buildable area and the lack of neighbor opposition and then moved and seconded approval. Roll-call votes recorded all members present voting aye; the motion carried unanimously.

The approval grants the setback variance requested in project 2025080029; Kenny noted any grading, fill or flood-zone related work and final access arrangements must be addressed at permitting and cannot encroach into the upland buffer that protects the conservation easement.