Daytona Beach board approves conditional variance for drive‑through at 1079 Mason Avenue

The Daytona Beach Board of Adjustments on Oct. 17 approved a variance allowing continued use of an existing drive‑through at 1079 Mason Avenue, the site of a former KFC that now houses Epoxy Food and Chicken. The board’s vote was 4–1, with Board Member Connors opposing the motion.

The variance was requested after code changes adopted by the City Commission added new safety requirements for drive‑throughs — including a bypass lane and extra stacking — that the site cannot easily meet without substantial work. Joey Posey, an attorney for the property owner, told the board the drive‑through is an original, long‑standing feature and that the new owner purchased the property to reactivate the building. “It was a KFC,” Posey said, describing the existing layout as functional and arguing the owner should be allowed to continue that use.

Why it matters: Residents and city staff had raised concerns that the drive‑through had been operated after the city informed the owner it was nonconforming. Neighbor Mary Bajoran said the site plan and subsequent city approvals explicitly prohibited a drive‑through, that bollards were placed and later removed at the grand opening, and that code enforcement had fined the business. “The landowner, restaurant owner, operator, is in defiance and has deceived the city with his actions,” Bajoran said during public comment.

Board members and the applicant negotiated conditions intended to address those enforcement and maintenance concerns. The approval was tied to several conditions: the variance would remain valid only while the property is used as a restaurant; the property must comply with all applicable code requirements; the dumpster gate must be repaired and maintained; landscaping must be installed or improved to meet standards; and clear signage must identify the drive‑through exit and circulation so vehicles do not block Mason Avenue or adjacent parking.

Owner Amin Odia, who operates Epoxy Food and Chicken at the address, described steep sales declines when the drive‑through was closed and said he contacted city staff to begin the permitting process. “I do want to keep this business. I don’t wanna lose this business because it’s a big difference on the sales,” Odia said, explaining customers — including elderly patrons — rely on the drive‑through and the property’s limited parking.

City staff and the applicant acknowledged that rezoning or a planned‑unit development (PUD) process would be an alternative path to legalize the use, but those routes would take months and carry additional expense; the applicant said they preferred a variance tied to strict conditions as a faster remedy. Staff also noted the variance would not automatically erase code enforcement fines; the applicant would still need to address any outstanding penalties through the code enforcement process.

The board’s conditional approval is intended to allow the business to operate while obligating the owner to fix cited maintenance issues and to ensure the use remains a restaurant. The matter of fines or other code‑enforcement penalties will remain with the appropriate enforcement body for resolution.

What’s next: The variance takes effect with the conditions set by the board; the applicant and code enforcement staff will coordinate to document compliance and any outstanding fines or enforcement remedies.