DeBary council grants small setback and easement variances for 554 S. Pine Meadow Drive

The City of DeBary City Council approved a variance to allow a house under construction at 554 South Pine Meadow Drive to remain 1.7 feet inside the Swallows Glen Abbey planned-unit-development side-yard setback and 1.2 feet into a platted 7.5-foot utility/drainage easement.

Stephen Bap, Growth Management Director, told the council the encroachment resulted from incorrectly placed monumentation discovered during a boundary survey; staff's analysis and a registered surveyor's letter showed the error produced a 3 feet 6 inch discrepancy between the recorded plat monuments and the actual field stakes. Bap said the development review committee — including the city engineer, fire marshal and building official — unanimously recommended approval, and Volusia County Utilities provided written comments saying the 1.2-foot encroachment would not impact county infrastructure.

Applicant Chris Wallington, who identified himself as the builder and the property's owner at 554 South Pymeter Drive, told the council he had relied on existing monumentation and survey information and that the incorrectly placed monument was an unusual, preexisting condition. Gary Cruz, a resident who spoke during public participation, questioned inspection accountability but did not present evidence opposing the variance.

Bap said the requested variances represented the minimum relief necessary and were not based solely on economic hardship; staff concluded the condition was unique to the lot and not caused by the current owner.

A council member moved to approve the 1.7-foot side-yard variance and the additional 1.2-foot variance from LDC Section 6.1(f); the motion passed on a unanimous roll-call vote.

Council members who spoke said the record showed no neighbor opposition and that the variance would not harm public welfare or nearby infrastructure, while Vice Mayor Butland asked staff to ensure the county's written comments were on file.