A G E N D A
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
JUNE 14, 2011

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Live audio during hearing
COMMISSION MEMBERS
Frank Severino
Jeff Gove
Jim Russell
Taver Cornett
Jeffrey Bender
Wanda Van Dam		 STAFF
Ian A. Williams, Assistant County Attorney
Becky Mendez, Senior Planning Manager
Scott Ashley, Planning Manager
John Stockham, Planner III
Christian Nagle, Planner II
Yolanda Somers, Zoning Secretary
Robin Todd, Secretary

I. Call to Order - 9:00 a.m. County Council Meeting Room, Thomas C. Kelly Administration Center, DeLand, Florida


II. Roll Call

III. Minutes

    

 

 
  NOTE: CONSENT AGENDA ITEMS (IV, A.) AND CONTINUED ITEMS (IV, B.) WILL NOT BE DISCUSSED UNLESS REQUESTED BY A COMMISSION MEMBER, THE APPLICANT, OR ANY OTHER AFFECTED PARTY. IF YOU WISH TO HAVE AN ITEM REMOVED FROM THE CONSENT AGENDA, PLEASE ADVISE THE CHAIRMAN IMMEDIATELY FOLLOWING THE SECRETARY'S READING OF THE CASE NUMBER AND LOCATION. ITEMS REMOVED FROM THE CONSENT AGENDA WILL BE DISCUSSED FOLLOWING ADOPTION OF THE REMAINDER OF THE CONSENT AND CONTINUED AGENDAS. APPLICANTS ARE STILL REQUESTED TO ATTEND THE MEETING TO ANSWER ANY QUESTIONS WHICH MAY ARISE
 

CHAIR'S COMMENT:

Chair to explain the procedure for forwarding the Commission's decisions to the County Council and invite the public to speak for or against any of the cases being heard.
   
LEGAL COMMENT: Mr. Williams will explain that decisions by this body on special exception cases and cases which rezone real property from one classification to another pursuant to the Zoning Ordinance are recommendations only to the County Council and do not constitute a final hearing. New evidence may be introduced at the County Council public hearing. Decisions on variances made by this body constitute final action, subject to an appeal to the County Council. What this means is that no new evidence may be presented at the time of the County Council public hearing on the appeal. An aggrieved party that appeals such a decision is confined to the record made before this body. Hearings by this body on rezonings, special exceptions and variances are quasi-judicial in nature meaning that this body is acting more like a court and must take into account all oral, written or demonstrative evidence presented. Their decisions on these cases must be based on competent, substantial evidence in the record. Competent, substantial evidence has been defined as that evidence a reasonable mind would accept to support a conclusion.

>> Disclosure of Ex Parte Communications
Members of the Volusia County Planning & Land Development Regulation Commission Board are asked to please disclose, for the record, the substance of any ex parte communications that have occurred before or during the public hearing at which a vote is to be taken on any quasi-judicial matters.

  • Jim Russell

  • Jeff Gove

  • Taver Cornett

  • Frank Severino

  • Jeffrey Bender

  • Wanda Van Dam


IV. PUBLIC HEARING

A. ITEMS TO BE CONTINUED OR WITHDRAWN
V-11-030 – Application of Paula Garro, owner, requesting a variance to fence height and a variance for a front yard setback on Urban Single-Family Residential (R-3) and Rural Residential (RR) zoned property. The property is located at 2055 E Minnesota Avenue, DeLand; ± 1.76 acres 6026-01-00-1641 Request continuance to the July 12, 2011 PLDRC public hearing.

S-11-032 – Application of Glenn John Clark Bills, owner, requesting a special exception for a hunting camp on Resource Corridor (RC) zoned property. The property is located at 8165 Baxter Point Road, Mims; ± 2.10 acres 1336-00-00-0030 & 1336-00-00-0040 Application withdrawn.

B. OLD BUSINESS

NONE

C. NEW BUSINESS

V-11-025 – Application of A. G. Pifer Construction Co., Inc, agent for Richard & Laura Nobes, owner, requesting a variance for a rear yard setback on Urban Single-Family Residential (R-6) zoned property. The property is located at 321 Sawmill Creek Court, Ormond Beach; ± 0.49 acres 3231-07-00-0110

 V-11-027 – Application of Robert Beedle, owner, requesting a variance to allow a proposed accessory garage building to exceed fifty percent of cumulative area of the square foot area of the principal structure on Urban Single-Family Residential (R-3) zoned property. The property is located at 1601 Tatum Boulevard, New Smyrna Beach; ±0.60 acres 7430-02-00--0310

V-11-028 – Application of RF Construction & Development, LLC, agent for John F. III & Wendy L. Wagner, owners, requesting a variance to fence height on Urban Single-Family Residential / Indian River Lagoon Surface Water Improvements & Management Overlay Zone (R-3W) zoned property. The property is located at 288 Packwood Road, Edgewater; ±1.3 acres 8449-00-00-0190

V-11-029 – Application of Deborah and Frank Lalashuis, Jr, owners, requesting a variance for a rear and east side yard setback for a swimming pool and enclosure on Transitional Agriculture (A-3) zoned property. The property is located at 1221 Spring Garden Ranch Road, DeLeon Springs; ±0.39 acres 6005-16-08-0140

Z-11-033 – Application of County of Volusia, owner, requesting to amend the Official Zoning Map of Volusia County, Florida by amending the Official Zoning Map Classification to the Volusia County General Commercial (B-4) zoning classification. The property is located on the north side of Beville Road, west of Clyde Morris Boulevard in the city of Daytona Beach; ±149.46 acres 5225-00-00-0040, 5225-00-00-0048, 5225-00-00-0049, 5225-07-00-0010 and 5236-00-00-0039 Tentatively scheduled for the July 7, 2011 county council public hearing.

V. PROPOSED AMENDMENTS

VI. STAFF ITEMS

VII. COMMISSION COMMENTS

VIII. PRESS AND CITIZEN COMMENTS

IX. ADJOURNMENT