Planning board limits restaurant water feature to 8-foot wall after neighbors raise concerns

The Flagler County Planning and Development Board voted to modify and approve a limited variance for application 31 67, allowing an 8-foot-high decorative waterfall up to 30 feet long set at least 3 feet off the rear property line, and declined to approve the applicant’s requested zero-foot rear setback for taller cave and waterfall structures.

Staff presenter Adam Mengel characterized the variance as a before-the-fact request and cautioned that the application appeared to show a self-created hardship: "This is effectively a self created hardship," he said, noting that the taller cave and waterfall features raised concerns about proximity and maintenance at a zero lot line. Mengel outlined options for the board including full approval, approval with conditions, denial, or tabling pending more information.

Kimberly Buck of Allen Engineering Group, representing the applicant, said an earlier special-exception filing had shown a water feature and argued site constraints pushed features outward: "One of the hardships with this property, it is, a uniquely shaped piece of property," she said, and pointed to required parking, emergency-access and the lack of sewer that forced a large septic drain field to occupy central site area. Owner/representative Brent Runnings said the septic footprint and other mandatory equipment had pushed the water features toward the rear and that the team had worked to preserve trees and canopy.

Neighbors opposed the requested zero setback and larger structures, citing noise, lighting and traffic. James Garcia, who said he owns the property behind the restaurant site, asked whether he would be able to sleep if the venue had amplified music and raised concerns about lighting and cars parking near his house. "I'm worried about lighting... I'm concerned with the traffic," Garcia said. Other residents pointed to narrow residential streets, school-bus routing, and septic setbacks as grounds to deny or limit the variance.

Board members debated whether the lot met variance criteria. Some members said the lot shape and tree canopy were distinctive; others agreed with staff that the scope and height of the proposed structures suggested the hardship was self-created. Several commissioners emphasized that the approved special-exception already limited commercial access from the residential street and included a condition requiring a locked emergency gate for fire access only.

After discussion a board member moved to modify the request: approve an 8-foot-high waterfall feature no longer than 30 feet and placed at least 3 feet from the rear property line, omit the cave and deny a zero-foot setback for taller structures. The motion was seconded and adopted by voice vote.