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Planning board denies two encroachment requests, approves raising existing Faulkner Street home
Summary
The New Smyrna Beach Planning & Zoning Board rejected requests to extend a north wall and to build a carport 2.1 feet from the property line at 315 Faulkner St., but approved raising the existing nonconforming portion of the house (conditioned on installing gutters).
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At a public hearing on Sept. 8, the Planning & Zoning Board considered three variance requests for 315 Faulkner Street, seeking to allow portions of a house and a new carport to sit roughly 2.1 feet from the side property line. Staff recommended approving only the raising of the existing nonconforming portion, saying the proposed new construction and carport were “too close to the property line for staff to support.”
Applicant Mark Herwald, representing property owner Mark Hall, told the board the plan is tied to aging‑in‑place needs and includes stormwater controls, underground exfiltration and gutters. Herwald said the scheme would keep an accessible ramp and allow a carport while committing that “Mr. Hall would agree not to enclose this carport in the future” as a condition of any variance. Board members pressed on technical details — including slab height (about 18 inches) and ramp slope — and suggested alternate layouts that could meet ordinary setbacks while providing accessibility.
The board split the three requests. The motion to extend the existing north wall 8 feet at a 2.1‑foot setback failed on roll call; the carport variance also failed. The board approved the third request, to raise the existing nonconforming portion of the house, with a condition requiring the side of the home to be properly guttered. Chair Wheatcraft called for the roll vote and the motion to raise the existing structure passed. The applicant and staff said they will incorporate the guttering condition into the permit process and any final building plan.
Next steps: the applicant will proceed with revised construction documents consistent with the board’s approval and conditions; any future changes that increase building footprint or enclosure of the carport would require further review.
