Commissioners uphold planning board; variance allowing vertical deck supports stands after 3–2 vote

The Flagler County Board of County Commissioners on June 2 denied an appeal of a planning board decision, affirming a variance that lets a homeowner replace corroded diagonal deck supports with vertical posts at 3295 North Ocean Shore Boulevard.

The denial, made on a motion by Commissioner Hansen and seconded by Commissioner Pennington, passed 3–2 in a roll call vote: Hansen (Aye), Pennington (Aye), Chair Dance (Opposed), Kearney (Opposed) and Richardson (Aye). The ruling leaves in place the planning board's condition that the deck and areas above and beneath it not be enclosed.

The dispute centered on whether the requested variance met the county's legal standard for hardship and whether the planning board had competent, substantial evidence. Attorney Dennis Baer, representing the property owners' neighbors who filed the appeal, told commissioners the work was a "self‑created hardship" and argued that engineering evidence did not show that owners could not restore a cantilevered solution. Baer said the absence of the engineer who prepared an expert letter deprived opponents of an opportunity for cross‑examination.

Property owner Sid Silhan, who testified during the quasi‑judicial appeal, said the deck supports were corroded when he purchased the house and that contractors and a structural engineer advised that vertical posts anchored to pile foundations were the safest, most practical repair. "The vertical supports allow for the displacement of the weight, preventing the deck from pulling off of the house, creating water problems and an unsafe environment," Silhan said.

Neighbors who opposed the variance cited unpermitted work and potential view and process impacts. Sandy Mueller, a next‑door resident, said construction began over a holiday weekend and that the extension remains in place months later. Tom Tant, another neighbor who has observed repeated erosion in the area, said vertical posts have been undermined in the past and urged caution on structural and safety grounds.

County staff noted the limited scope of the commission's review: commissioners were to determine whether the planning board decision was supported by competent, substantial evidence, whether due process was followed, and whether essential legal requirements were observed. Staff explained that DEP (Florida Department of Environmental Protection) permitting still applies if construction seaward of the coastal construction control line is involved; DEP determinations remain separate from the county variance decision.

Because the commission denied the appeal, the owner may proceed with permitting steps consistent with the planning board conditions and any applicable state permits. The county attorney and staff indicated that the matter could be re‑applied or revisited if circumstances change, and that applicants retain the right to file new applications as needed.

The commission's decision closes this appeal but does not remove DEP or other permitting obligations that might apply before construction begins.