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

 

	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. Dyer 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

• Stony Sixma

• Jay Young

IV. PUBLIC HEARING

A. ITEMS TO BE CONTINUED OR WITHDRAWN

B. NEW BUSINESS

V-10-012 – Application of Lynda Labosco, owner, requesting a variance for a rear yard setback from the required 30 feet to 15 feet for a proposed house addition on Spruce Creek PUD (Planned Unit Development) zoned property. The property is located on the southerly side of Earhart Court, near its western terminus, ±270 feet west of its intersection with Spruce Creek Boulevard East, west of the City of Port Orange; ± 21,004 sq. ft. (Nagle) 6330-01-00-1910

V-10-019 – Application of Norbert and Tammy Schroeder, owners, requesting a variance to Section 72-277(1)(d) to allow the cumulative area of all accessory buildings or structures of 1,874 sq. ft. from the maximum allowed 1,066 sq. ft.; and a variance to Section 72-277(1)(e) to allow more than one accessory structure over 500 sq. ft. in area on R-3 (Urban Single Family Residential) zoned property. The property is located at 2576 Selleck Avenue, New Smyrna Beach; ± 0.85 acres (Nagle) 7323-02-01-0090

D. OLD BUSINESS

NONE

V. PUBLIC HEARING ON ADMINISTRATIVE REQUESTS

A. ITEMS TO BE CONTINUED OR WITHDRAWN

NONE

B. NEW BUSINESS

NONE

B. OLD BUSINESS

NONE

VI. PROPOSED AMENDMENTS TO CODE OF ORDINANCES

1. Proposed Ordinance amendment for Community Residential Facilities
………………………….Becky Mendez, AICP, Senior Planning Manager

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT