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Shed Controversy Sparks Heated Neighborhood Dispute

July 01, 2024 | Planning and Zoning Board, New Smyrna Beach, Volusia County, Florida


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Shed Controversy Sparks Heated Neighborhood Dispute
In a recent government meeting, officials discussed a variance request concerning a shed located on a residential property in Riverside. The shed, which has been in place since 2020, has drawn attention due to its proximity to the property line, raising concerns from neighboring residents.

The property in question is a narrow lot, measuring 39.5 feet wide and 9840 square feet in total. It is zoned R1, which imposes strict setback requirements: a 35-foot front setback, a 5-foot rear setback for accessory structures like sheds, and a total of 20 feet for side setbacks, with no side closer than 8 feet. A variance granted in 2005 allowed for reduced side setbacks, which the current owners inherited when they purchased the property in 2018.

The shed measures 9.5 feet wide and 20 feet long, and its placement has become contentious after a complaint was filed with code compliance. The owners claimed they were assured by their contractor that the shed was permitted and that they had communicated with the property owner behind them about its placement. However, it was revealed that the property manager of the neighboring lot was unaware of the shed's installation, leading to disputes over its legality and impact.

During the meeting, officials noted that the shed is mostly hidden from view and that shifting it closer to the garage could mitigate some concerns. They also discussed the potential for installing gutters to manage water runoff, which has reportedly contributed to flooding issues in the neighboring yard.

The owners, David and Linda Hudick, defended their actions, stating they believed all necessary permits were obtained and that they did not intend to deceive anyone. They emphasized that the flooding issues were exacerbated by recent hurricanes rather than the shed itself.

The discussion highlighted the complexities of property regulations and the importance of clear communication between neighbors regarding property modifications. The outcome of the variance request remains pending as officials weigh the implications of allowing the shed to remain in its current location.

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