Board waives resubmission wait, agrees to rehear Sears Avenue shed case after owner agrees to remove 200-sq-ft structure

The Daytona Beach Zoning Board of Adjustment voted on March 19 to waive the standard 180-day waiting period so it can rehear an application related to a 200-square-foot accessory shed at 350 Sears Avenue at the next BOA meeting.

Alana Smith, attorney with Cobb Coe Law Firm, representing the property owner, told the board the owner agreed to remove the larger accessory shed that had prompted the earlier denial and that he has contractor arrangements and financial constraints related to medical treatment. “He has agreed to just remove it from the property entirely,” Smith said. She asked the board to waive the 180-day wait so the board can reconsider the application at the next meeting.

Board members and the audience clarified that a pending code-enforcement case remains open and that the case’s resolution will depend on the board’s direction and any removal work the owner completes. One audience speaker noted the owner’s code case will not be resolved until the required work is done.

The board voted to waive the waiting period and rehear BOA2026-002 at the next meeting; the clerk recorded yes votes from Mister Betts, Mister Connors, Mister McCray and Mister Johnson. Staff said the waiver is appropriate given the applicant’s stated willingness to remove the offending structure and the ongoing code case.

The rehearing was scheduled for the next BOA meeting and staff will track the code-case compliance and the applicant’s removal plan.