Board denies addition variance for Driftway Terrace lot after neighbor objections

The Flagler County Planning and Development Board on Aug. 24 denied a request for a 2.38-foot side-yard setback variance for a one-story addition at a Driftway Terrace property, finding the applicants had not demonstrated the "unnecessary hardship" required by the land‑development code.

Planner Steph (staff) summarized the application, describing the subject parcel as an undersized lot in the RC (Residential Limited Commercial) district plotted as a parallelogram; the existing home had previously received a 0.7-foot variance for an encroachment on the northeast corner in 2013. The current request sought a 2.38-foot south-side setback variance to enlarge interior bedroom space and add a second bathroom.

Architect Joseph Pizzulli, representing the homeowners Ken and Lori Ashton, said the lot's parallelogram shape and undersized area made the layout difficult and that matching the existing external wall lines was preferable for architectural reasons. "Because of the parallelogram and the fact that it's an undersized lot, we are here requesting a variance for that southwest corner," Pizzulli said, noting the addition would increase bedroom area to accommodate family visits.

Neighbors opposed the request. Attorney Dennis Spare, representing neighborhood residents, argued the property owners were not deprived of reasonable use of the land and that the county's variance standard requires deprivation of all reasonable use to show an "unnecessary hardship." He urged denial and noted other litigation and condition concerns near the property.

Board members questioned whether a smaller addition could provide functional bedrooms and whether the request met the "minimum relief necessary" standard. One member calculated that reducing the offending wall by roughly 2.5 feet would leave a roughly 10-by-11-foot bedroom, which the member characterized as a usable room.

Following deliberations, a motion to deny the variance passed. The clerk recorded the motion as carried and the application as denied; the board directed no further action on the item at the meeting.