Council overturns PLDRC variance for after‑the‑fact dog shelter, orders compliance

The Volusia County Council on Feb. 17 approved an appeal reversing a Planning and Land Development Regulation Commission decision and denied a setback variance for an accessory dog shelter built at 1.8 feet from the property line (the code requires a 5‑foot side setback).

The hearing focused on whether the PLDRC had sufficient evidence to justify the variance after staff had recommended denial. Appellant Clayton Benio and his attorney argued the structure had been built without permit, continued breeding and sales were documented, and the special conditions underlying the variance arose from the applicant’s actions. The PLDRC had approved the variance 4–3; the council reviewed the record under the county’s standard for variance findings (three of five criteria) and concluded the appeal should be granted.

Why it matters: Council action overturns the after‑the‑fact approval and requires the property owner to either move the accessory structure into compliance or pursue additional approvals. The case highlights the limits of the PLDRC’s discretion where record evidence indicates applicant‑created circumstances and code concerns.

Key facts - Subject property: accessory structure (dog shelter) built at approximately 1.8 feet from the side property line (a 5‑foot setback is required). - The matter originated as a code enforcement complaint; code staff reported the property owner had reduced the number of dogs to meet limits but the structure’s setbacks were out of compliance. - The PLDRC initially granted the variance by a 4–3 vote; staff had recommended denial because criteria were not met.

Council action and outcome Council first considered and failed to deny the appeal (a tie), then voted to approve the appeal, overturning the PLDRC decision. The roll call for the final motion to approve the appeal produced five affirmative votes and one opposition; one council member recused due to process considerations. The net effect is that the variance is denied and the property owner must bring the accessory structure into conformity with zoning setbacks or pursue a lawful alternative.

What happens next Staff said code enforcement and planning will follow up to ensure compliance and that separate animal control or noise complaints, if they continue, should be handled by the appropriate enforcement units.

Provenance The appeal was presented by Planning and Development Services staff and argued by the appellant and his counsel; council deliberations and the final roll call are recorded in the meeting transcript.