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Planning board approves Marineland porch variance despite impervious-area exceedance
Summary
The Flagler County Planning and Development Board approved a variance to allow a reduced rear setback and exceed the Marineland Acres special stormwater overlay impervious limit for a roofed porch at 38 Ocean Street; the motion passed with one dissent.
The Flagler County Planning and Development Board on an 5-1 vote approved a variance to allow a roofed rear porch to encroach on the required rear yard and to exceed the Marineland Acres special stormwater overlay impervious-area limit for a property at 38 Ocean Street.
Planner Simone Kenny told the board the lot is undersized, in a Marineland Acres special stormwater overlay and located in Flood Zone AE. Staff said the dwelling predates the overlay and currently shows about 50.2% impervious cover; with the proposed roofed porch the impervious area would be roughly 52 percent, which exceeds the overlay maximum of 40 percent and therefore requires an impervious-area variance in addition to a rear-yard setback variance.
The applicant reduced the porch from an initial 9-by-14-foot proposal to a 9-by-12-foot porch. Under the revised plan staff said the project would need a 6-foot reduction of the 20-foot rear setback (i.e., a 14-foot rear setback) and an approximately 11.7 percentage-point variance above the 40 percent impervious-area limit. Kenny said precise impervious calculations and engineered on-site stormwater retention will be required at permitting.
In discussion board members noted the lot’s nonconforming status is tied to the overlay being applied after the house was built. One member asked whether stormwater retention and gutters could be required; staff replied that compliance with the overlay’s runoff retention requirements is enforced at the permitting stage and would be reviewed by the permitting inspector, Susan Graham.
Board members moved and seconded approval. The roll-call vote recorded Ron Long, Dan Wilcox, Michael Goodman, Mark Langiello and Michael Boyd voting yes and Anthony Lombardo voting no; the motion carried.
The board’s approval grants relief only from the county’s setback and impervious-area limits; Kenny said the approved project will still need to demonstrate compliance with land development code requirements for stormwater during the building-permit review.
Notes: the application is project number 2025080080; no public comments were recorded during the hearing on this item.
