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Board approves 1.7-foot side-yard variance after foundation shift on County Road 304
Summary
A post‑construction survey showed a newly built house shifted 1.7 feet into the minimum 25‑foot side setback; the Planning and Development Board approved a 1.7‑foot side‑yard variance (Project 2025010036) after hearing the applicant explain repeated surveying errors.
The Flagler County Planning and Development Board approved a 1.7‑foot side‑yard variance March 11 for a single‑family dwelling after a foundation survey showed the structure shifted west during vertical construction (Project 2025010036).
Simone Kenny, county planner, said the parcel, about 18 acres in size and described in the record by section-township‑range, is a flag‑shaped lot off County Road 304. Kenny told the board the dwelling had been sited at 25 feet from both side property lines as required in the agricultural district, but subsequent surveying after vertical construction showed the house had shifted left (west) by 1.7 feet, creating the encroachment into the minimum 25‑foot setback.
Kenny said staff found the property’s unusual shape and heavy tree cover contributed to surveying difficulties, noted the lot’s narrower “pole” portion measured roughly 150 feet compared with a 200‑foot minimum in the A‑C district, and described the request as an after‑the‑fact variance with no neighboring objections on file.
Applicant Michael Morello explained to the board that the property was surveyed multiple times and that surveying coordinates and stakes were initially difficult to locate because of trees. He said he had attempted to resolve the issue, paid surveyors, and relied on professionals during foundation layout. Morello told members he is not a surveyor and has worked to correct the placement despite repeated errors.
A board member asked for clarification about changes in setback measurements included in the packet; staff deferred to the applicant for the detailed survey history. Following discussion and public comment — none were received — a board member moved to approve the variance and the motion passed with one recorded opposition. The transcript does not identify individual roll‑call votes by name.
Staff presented options in the record to approve, deny, or continue for additional information; the board approved Project 2025010036 for a 1.7‑foot left (west) side‑yard setback variance from the 25‑foot minimum. The decision was recorded as an after‑the‑fact variance and staff noted the relief was the minimum necessary to alleviate the hardship.
