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Board approves variance for pool decking east of coastal setback with dune‑protection conditions

City of New Smyrna Beach Planning & Zoning Board · December 2, 2024
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Summary

The board voted 5‑0 to recommend approval of a variance allowing a pool and decking 38 ft 9 in seaward of the city's coastal construction setback line at 3311 Hill Street, conditioned on dune restoration/trap‑bag timing, DEP permits, and required relocation permits for gopher tortoises.

The Planning & Zoning Board voted 5‑0 on Dec. 2 to recommend approval of variance V‑22‑24311, allowing a pool and associated decking at 3311 Hill Street to extend about 38 feet east of the city’s coastal construction setback line (CCSL), subject to staff‑recommended conditions tied to dune restoration and state environmental permitting.

Development Services staff reviewed the eight CCSL variance criteria and said nearby properties already contain improvements seaward of the CCSL; staff concluded the project would not cause substantial detriment if conditioned appropriately. Staff recommended that no construction occur until either the county completes a planned dune restoration project (scheduled to begin in March) and trap bags are removed, or, if the county restoration is delayed but trap bags remain into the start of turtle season, the applicant may proceed when trap bags are in place and protections are maintained.

Applicant counsel Jay Christie Wilson and coastal scientist Amy Daley (CPH Consulting LLC) said the proposed work would remove invasive Brazilian pepper, plant native dune species, and require DEP and wildlife (FWC) permitting for gopher tortoise relocation. The applicant acknowledged DEP review and said a DEP coastal construction control line permit would be obtained prior to construction.

Neighbors urged caution and asked the board to respect the CCSL; board members balanced neighborhood precedent, dune protection, and the county’s restoration schedule. The motion to approve included staff recommendations limiting when work could proceed and requiring applicable state permits. The board forwarded the recommendation to the City Commission.