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Planning board approves 4.3-inch setback variance for Daytona North carport
Summary
Flagler County Planning and Development Board approved an after‑the‑fact administrative variance for a carport that encroached roughly 4.3 inches into a required 15-foot side setback in Daytona North (Project 2023120050).
The Flagler County Planning and Development Board on March 11 approved an after‑the‑fact variance allowing a carport to remain roughly 4.3 inches inside a required 15-foot side setback at a Daytona North property (Project 2023120050).
Simone Kenny, a county planner, told the board the carport was shown on the originally approved site plan as 15 feet from the left property line but a final survey showed the carport was 14.54 feet from that line — an encroachment of about 4.36 inches. Kenny said the encroachment represented about 2.6% of the minimum required setback and would normally have qualified for an administrative variance, but a letter of objection from a nearby property owner required the matter be considered by the board.
Kenny described the lot as just over an acre in Lot 9, Block 159 of Daytona North, located on Ollie and Her Drive, and said staff found the encroachment minimal and that the applicant had acted in good faith while attempting to locate the property line. The planner read the variance criteria from the Flagler County Land Development Code into the record and recommended approval.
Applicant Sergei Shmerika spoke through an interpreter and explained that survey stakes had been difficult to locate because of trees and that multiple survey attempts and tree clearing eventually revealed the misplacement. He told the board the neighboring parcel was unoccupied and reiterated that the encroachment was not intentional.
No members of the public spoke for or against the variance during the public comment period. A board member moved to approve the variance “as stated”; a second was made, and the motion carried. The board approved Project 2023120050 for a 4.32‑inch left (east) yard setback variance from the 15‑foot side setback required for accessory structures in the MH‑1 (rural mobile home) district.
The approval is recorded as an after‑the‑fact variance; staff had noted an administrative variance threshold of 5% and characterized this encroachment as below that threshold but moved to the board because of the recorded neighbor objection. The record does not show individual roll‑call votes by name.
