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Board of Adjustment approves pool setback variances at Legends Preserve Drive

December 19, 2025 | Daytona Beach City, Volusia County, Florida


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Board of Adjustment approves pool setback variances at Legends Preserve Drive
The Daytona Beach Board of Adjustment on Dec. 18 approved a variance allowing a swimming pool at 3120 Legends Preserve Drive to be built closer to property lines. The variance reduces the required setback from the pool shell waterline from 8 feet to 6 feet and cuts the required distance for pool pump equipment from 3 feet to 18 inches.

The applicant, Louis Fiore, said the adjustment would allow a design that provides an 8-foot path between the house and pool for wheelchair access while slightly increasing pool area and reducing deck space. "It's just moving the pool back 1 more foot, so there'd be a little bit less deck on the rear of the pool," Fiore said. He told the board that modern pool pumps are quieter than older models: "With the new ones, they're they're whisper motors. You don't you don't hear them."

A nearby property owner, Cath Landry, spoke during the hearing to clarify the applicant's measurements; she said the bed setback is 1.5 feet where earlier testimony referenced 1 foot. A board member confirmed the record reflected the correct measurements.

After questions about the preserve behind the house and a neighboring drainage/retention pond, an unidentified board member moved to approve the application "as asked"; another board member seconded. The clerk conducted a roll-call vote; the members called during roll answered in the affirmative and the motion carried.

The board's action allows the property owner to proceed with construction that will not meet the standard setbacks listed in the Silver Pine Plan District rules. The approval was procedural and did not impose additional conditions beyond the variance itself. The board did not state a separate implementation or inspection schedule at the hearing.

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