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
        •  Stony Sixma
        •  Taver Cornett
        •  Gary Huttmann
        •  Frank Severino
        •  Jay Young
        •  Jeff Gove

IV. PUBLIC HEARING ON ZONING APPLICATIONS

A. CONSENT AGENDA

NONE

B. ITEMS TO BE CONTINUED

Z-08-037 - Application of Rafael Gonzalez, Agent for Owner, Victor M. San
Inocenio, Owner, requesting a Rezoning from the A-1 (Prime Agriculture) zoning
classification to the A-4 (Transitional Agriculture) zoning classification. The property is
located on the east side of State Road 415, at its intersection with Sorento Road in
the community of Samsula; ± 14.785 Acres (Nagle) 8201-00-04-0010 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

NONE

B. NEW BUSINESS

V-08-065 – Application of Charles & Anna LaFleur, Owners, requesting a Variance
to Section 801.01(d) to allow the cumulative area of an accessory building or structure
square footage from the maximum allowed 472.6 sq. ft. to 864 sq. ft.; and a Variance
to Section 801.01(e) for a rear yard setback from the required 20 ft. to 13.8 ft. for an
accessory structure that exceeds 500 sq. ft. in floor area on R-4 (Urban Single-Family
Residential) zoned property. The property is located on the east side of Hill Avenue,
approximately ±600 ft. south of its intersection with State Road 44, near DeLand;
±32,550 sq. ft. (Nagle) 7015-08-00-0020

V-08-066 – Application of Treacy Quick, Agent for Owners, Irene Tietz Trust,
Owner, requesting a Variance for a waterfront yard setback from the required 4 ft. to
1 ft. to construct a wood deck and a portion of a second floor balcony; and a Variance
for lot coverage from the maximum allowed 35% to 39% on R-3 (Urban Single-Family
Residential) zoned property. The property is located on the west side of John
Anderson Drive, approximately 100 feet south from its intersection with San Jose
Drive, near Ormond Beach; ± 5,500 sq. ft. (Nagle) 3228-02-00-0182

V-08-071 – Application of Wendy Wilson and Bart Norman, Owners, requesting a
Variance to Section 801.01(d) to allow the cumulative area of an accessory building
or structure square footage from the maximum allowed 798.2 sq. ft. to 1,080.4 sq. ft; a
Variance to Section 801.01(e) for a rear yard setback from the required 20 ft. to 16.9
ft. and for an east side yard setback from the required 8 ft. to 7.5 ft. for an accessory
structure that exceeds 500 sq. ft. in floor area on R-4 (Urban Single-Family
Residential) zoned property. The property is located on the north side of Gardenia
Drive, approximately 825 ft. west from its intersection with Sparkman Avenue, near
Orange City; ±14,000 sq.ft. (Nagle) 8015-11-03-0120

S-08-072 – Application of Robert Foster, Attorney for Owners, James and Linda
Taylor, Owners, requesting a Special Exception for a nonexempt excavation on A-1
(Prime Agriculture) zoned property. The property is located on the west side of Oak
View Plantation Road, approximately 600 feet south of its intersection with Rudman
Road in the community of Osteen; ±10 acres (Stockham) 8330-00-00-0330
Tentatively schedule for the December 18, 2008 County Council at 2:00 p.m.

V-08-073 – Application of Robert Foster, Attorney for Owners, James and Linda
Taylor, Owners, requesting Variance to Section 817.00(o)(2)(iv)(C) for a north
property line setback from the required 150 ft. to 100 ft.; for a south property line from
the required 150 ft. to 50 ft.; for an west property line setback from the required 150 ft.
to 40 ft. from any abutting property; and a Variance to Section 817.00(o)(2)(iv)(D)
from the required 150 ft. to 35 ft. from any natural or man-made surface water body,
watercourse, or wetland on A-1 (Prime Agriculture) zoned property. The property is
located on the west side of Oak View Plantation Road, approximately 600 feet south
of its intersection with Rudman Road in the community of Osteen; ±10 acres
(Stockham) 8330-00-00-0330

C. OLD BUSINESS

S-08-038 - Application of Michael Burkhead, Agent for TBCOM Properties, Agent
for Owners, Marco & Veronica Pichardo, Owners, requesting a Special Exception
for a Communication tower exceeding 70 feet in height above ground level (180 ft.
monopole) and requesting Waivers to Section 817.00(w)(5)(e) Setback and
Separation for a range of 990.6 ft. to 648.5 ft. in lieu of the required 1,000 ft. from a
dwelling on A-4 (Transitional Agriculture) zoned property. The property is located on
the east side of Fifer Drive, approximately 700 feet from intersection with Beckwith
Street adjacent to the City of Deltona; ± 2.5 acres (Stockham) 8101-00-00-0432
Tentatively schedule for the December 18, 2008 County Council at 2:00 p.m.

V-08-041- Application of Michael Burkhead, Agent for TBCOM Properties, Agent
for Owners, Marco & Veronica Pichardo, Owners, requesting a Variance to
Section 817.00(w)(5)(e) Setbacks and Separation to allow a 180-foot monopole
communication tower (404.02 ft. in lieu of the required 1,000 ft.) on A-4 (Transitional
Agriculture) zoned property. The property is located on the east side of Fifer Drive,
approximately 700 feet from intersection with Beckwith Street adjacent to the
municipal limits of the City of Deltona; ± 2.5 acres (Stockham) 8101-00-00-0432

VI. PUBLIC ITEMS

1. Proposed Capital Improvement Element of the Comprehensive Plan
…………………………………………..Tom Brooks, AICP, Comprehensive Planner II
2. Water Supply Work Plan
………………………………………..John Thomson, AICP, Comprehensive Planner III

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT