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

Approval of April 8, 2008 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:	Chairman Lipke 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
        •  Frank Severino
        •  Stony Sixma
        •  Jay Young
        •  Taver Cornett
        •  Darla Lipke
        •  Gary Huttmann

IV. PUBLIC HEARING ON ZONING APPLICATIONS

A. CONSENT AGENDA

NONE

B. ITEMS TO BE CONTINUED

Z-08-024 – Application of Glenn Storch, Storch Morris & Harris, LLC, Attorney for Owner, K1J6, LLC, Owners, requesting a Rezoning from the A-3 (Transitional Agriculture) zoning classification to the A-2 (Rural Agriculture) zoning classification. The property is located at the terminus of Airport Road, approximately ¼ mile north of CR 15-A, the property is the Bob Lee Airport; ± 33.23 acres (Zechnowitz) 6017-00-00-0050 30-day continuance requested

C. NEW BUSINESS

NONE

D. OLD BUSINESS

NONE

V. PUBLIC HEARING ON VARIANCE AND SPECIAL EXCEPTION APPLICATIONS

A. ITEMS TO BE CONTINUED

S-08-025 – Application of Glenn Storch, Storch Morris & Harris, LLC, Attorney for Owner, K1J6, LLC, Owners, requesting a Special Exception for a Fixed-wing aircraft landing fields and helipads on the proposed A-2 (Rural Agriculture) zoned property. The property is located at the terminus of Airport Road, approximately ¼ mile north of CR 15-A, the property is the Bob Lee Airport; ± 33.23 acres (Zechnowitz) 6017-00-00-0050 30-day continuance requested

B. NEW BUSINESS

S-08-026 – Application of Glenn Storch, Storch Morris & Harris, LLC, Attorney for Owner, RLH Family Limited Partnership, LLC, Owners, requesting a Special Exception for a Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway for Speedweeks, Biketoberfest, the Pepsi 400, and Bike Week on A-1 (Prime Agriculture) zoned property. The property is located on the east side of County Road 415 North approximately 600 ft. north of its intersection with Pioneer Trail, in the Rural Community of Samsula; ± 10.07 acres (Nagle) 7211-00-00-0033 Tentatively schedule for the June 19, 2008 County Council at 2:00 p.m.

S-08-027 – Application of Victor Liviccori, Agent for Owners, Victor Liviccori and Kathleen Grieco, Owners, requesting a Special Exception for a Single-Family dwelling on B-8 (Tourist) zoned property. The property is located on the south side of an un-named easement at its intersection with Ocean Shore Boulevard, approximately 70 feet northeast of Brooks Drive, in the community of Ormond by the Sea; ± 3,527 sq. ft. (Nagle) 4203-11-00-0080 Tentatively schedule for the June 19, 2008 County Council at 2:00 p.m.

V-08-028 - Application of Victor Liviccori, Agent for Owners, Victor Liviccori and Kathleen Grieco, Owners, requesting a Variance to Section 600.01 Nonconforming Lots to separate parcel 4203-11-00-0080 (Lot 8) from parcel 4203-11-00-0090 (Lot 9); Variance to Section 600.01 Nonconforming Lots to allow a substandard lot; Variance to the front yard setback (15.2 ft. in lieu of the required 25 ft.); Variance to the rear yard setback (5.2 ft. in lieu of the required 20 ft.); Variance to the west side yard (4 ft. in lieu of the required 15 ft.); Variance to the east side yard (10.1 ft. in lieu of the required 15 ft.); Variance to Section 810.04 Design and Location Requirements for Off Street Parking Areas to allow a driveway (1.1 ft. from the west side property line in lieu of the required 5 ft.) for a single-family dwelling on B-8 (Tourist) zoned property. The property is located on the south side of an un-named easement at its intersection with Ocean Shore Boulevard, approximately 70 feet northeast of Brooks Drive, in the community of Ormond by the Sea; ± 3,527 sq. ft. (Nagle) 4203-11-00-0080

V-08-031 – Application of Todd Fehr, Owner, requesting a Variance to the front yard setback on 15th Street (27 ft. in lieu of the required 40 ft.) and a variance to the west side yard setback (1 ft. in lieu of the required 8 ft.) for a single-family dwelling on R-4 (Urban single-Family Residential) zoned property. The property is located on the west side of Broadway Avenue at its intersection with 15th Street, in the community of West Highlands; ±10,000 sq.ft. (Zechnowitz) 8004-01-35-0200

V-08-032 - Application of Michael Woods, Applicants, John & Kathleen Bastone, Owners, requesting a Variance to Section 600.01 Nonconforming Lots to separate lot 100 (parcel 7936-01-00-1000) from Lot 101 and Lot 102 of the River Ridge subdivision (Map Book 23, Pages 58 and 59, Public Records) in the R-3 (Urban Single Family Residential) zoning classification. The property is located on the east side of Hontoon Road ±1400 feet south of its intersection with River Ridge Road in the community of Hontoon Island; ± 0.3 Acres (Nagle) 7936-01-00-1000

C. OLD BUSINESS

V-08-018 – Application of John and Kathy Welch, Owners, requesting a Variance for a front yard setback (17 ft. in lieu of the required 25 ft.) on R-4 (Urban Single-Family Residential) zoned property. The property is located on the west side of Grayson Street, approximately 152 feet north from its intersection with Minnesota Avenue; ±18,997 sq. ft. (Stockham) 7033-00-00-0200

V-08-021 – Application of William Shaw, Agent for Owners, Carlos and Deborah Fernandez, Owners, requesting a Variance for side yard setbacks (18 ft. in lieu of the required 50 ft.) for a single-family dwelling and detached garage on RC (Resource Corridor) zoned property. The property is located on the west side of Sundance Trail, approximately 1,100 feet north from its intersection with Art Center Boulevard, near to the City of New Smyrna Beach; ± 35,000 sq. ft. (Nagle) 6335-01-04-0040

V-08-023 – Application of Garrett Usina, Jr., Owner, requesting a Variance to Section 806.02 to allow a fence height (6.5 ft. in lieu of the maximum allowed 4 ft.) in the front yard adjacent to Highbridge Road on RC (Resource Corridor) zoned property. The property is located on the south side of Highbridge Road, approximately ½ mile west from the intersection with John Anderson Drive, near the community of Ormond Beach; ± 11.5 acres (Stockham) 3205-00-00-0020

S-08-029 – Application of Brian Hammer, Owner, requesting a Special Exception for a Kennel on FR (Forestry Resource) zoned property. The property is located on the south side of Colony Road, approximately 1,340 feet west from its intersection with Sadale Run in the community of New Smyrna Beach; ± 120 acres (Stockham) 8209-01-03-0010 and 8029-01-03-0030 Tentatively schedule for the June 19, 2008 County Council at 2:00 p.m.

VI. PUBLIC ITEMS

1. Presentation of Animal Control meetings regarding the Proposed Ordinance for Animal Care Facilities.
Michael Dyer, Assistant County Attorney, Legal Services

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT