PLDRC approves oversized fences, driveway variances at Catfish Avenue property

The Planning and Land Development Regulation Commission on Oct. 16 approved eight after‑the‑fact variances to fence heights and driveway setbacks at 881 and 885 Catfish Avenue in New Smyrna Beach, voting unanimously to grant all requests with conditions aimed at addressing wetland and structural concerns.

Staff presented a report saying the property had received a notice of violation in April 2025 for noncompliance with wetland buffer, native vegetation and stormwater retention requirements, and recommended denial of fence height variances 1–6 while recommending approval of driveway‑setback variances 7 and 8 subject to conditions. The appellants sought retroactive approval for multiple fence locations with heights ranging from 6 feet 3 inches to more than 10 feet and driveway encroachments that reduce the required 5‑foot side setbacks to approximately 2 feet 2 inches and 3 feet 11 inches.

The applicant’s architect, Kevin Schweitzer, told commissioners he secured written signoffs from adjacent neighbors and said the improvements (paver driveway, stem wall and composite/vinyl panels) “actually creates a lot of privacy for both the neighbors and for Derman.” He also said the stem wall as constructed is not a poured foundation and described installation details for the block stem wall and wood posts.

Commission discussion focused on two recurring issues: (1) the site’s environmental permitting obligations and the need for a wetland alteration permit and Class II permit to resolve buffer and stormwater issues; and (2) the risk that allowing the variances could enable replacement of the existing composite fencing with a masonry wall that would trespass or require a building permit. Staff and commissioners agreed to add a condition to require replacement “material for material” only, and to require the applicant to obtain the necessary wetland permits before any future building permits that would change footer/foundation lines.

Commissioner Shelley moved to approve variances 1–8 with the two staff‑recommended conditions and two additional conditions to (a) require the applicant to apply for the wetland alteration permit and Class II permit to bring the site into compliance, and (b) require that any future fence replacement be of material equivalent to the existing fencing. The motion was seconded and passed unanimously. The commission recorded the motion as limited to the fence and driveway locations shown on the site plan and subject to the written conditions.

Why it matters: the vote grants after‑the‑fact permission for fences that markedly exceed normal front‑ and side‑yard limits and resolves a long‑running code violation while tying approval to environmental permitting and material restrictions intended to limit future escalation of the structure into a masonry wall.

The commission instructed staff to reflect the new conditions in the final order and to withhold building permits that would create a foundation or footer extending across the property line until the applicant removes that work or demonstrates compliance.