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Contested pump‑house variance at 3 Pelican Lane continued to August after neighbor opposition and tie votes
Summary
The board heard hours of testimony on Project 2025080063, a contested request to allow a 9–10 ft pump house less than 3 ft from the street-side property line at 3 Pelican Lane. Neighbors argued the relief is not minimum and would harm neighborhood character; the board tied on motions and unanimously continued the item to Aug. 11, 2026 for redesigned plans and additional evidence.
The Flagler County Planning and Development Board continued a contested variance request for a pool pump house at 3 Pelican Lane to Aug. 11, 2026 after lengthy testimony, mixed votes and no clear majority for approval or denial.
The application (Project 2025080063) concerns a street-side pump house and related setback and lot-coverage relief for a property in the River Beach subdivision. Staff explained the application’s long procedural history: multiple prior hearings, split votes that were treated as denials, appeals to the county commission, and a remand to this board. Planner Simone Kenny said the parcel is an undersized lot of record in an RC zoning district and that pools and pump houses are permitted accessory structures; the remaining dispute focuses on the proposed pump‑house height and its placement relative to the west property line.
Applicant Raymond Royer and counsel Peter McGrath described equipment needs for a swim‑training system that uses two four‑horsepower pumps, and argued a 4‑foot pump‑house would be infeasible for ventilation, equipment access and protection from salt air. Counsel requested approval of up to 10 feet (counsel said the proposed mean roof height would likely be about 9 feet 7 inches). McGrath also offered a legal opinion on old subdivision covenants and said those covenants had dropped off title by marketable-record-title rules.
Local residents who live near the subject property strongly opposed the larger, street‑facing pump house. Several speakers said the requested relief is not the minimum necessary, that the 96‑square‑foot, 9–10 foot structure would change neighborhood character, block sight lines, and could be used as storage beyond pump operations. Neighbors and some board members reported that pool equipment vendors indicated smaller enclosures or other methods could protect pumps, and staff and several members characterized the claimed hardship as at least partly self‑created.
During deliberations multiple motions were made. A motion to approve the requested height and setback failed to secure a majority. A motion to deny (on grounds that the requested relief is not the minimum necessary and that the applicant had not submitted substantial competent evidence to justify the height) resulted in a 3–3 tie, which did not produce a binding denial. Board counsel and staff emphasized the board needs substantial competent evidence — ideally technical or engineering documentation — to support a change from earlier conditions limiting the pump‑house profile.
Several board members proposed compromise options (reduced height such as 6 feet, moving the pump house to the rear of the lot, attaching the enclosure to the house, or using low-profile hinged/lift enclosures). The applicant indicated reluctance to attach to an existing enclosed porch and said he would consider relocating the pump house and returning with revised plans and additional technical materials.
Given the split votes and multiple outstanding questions, the board voted unanimously to continue the item to a date certain — Aug. 11, 2026 — to allow the applicant to submit revised drawings and supporting evidence (including engineering/technical documentation) and to permit neighbors to review the revised proposal. Staff advised that a continuance to a date certain generally does not require re‑notice but that changes to the requested variances could trigger additional variance requests and public notice requirements. The case remains open and will return to the board on Aug. 11, 2026.
