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Variance 219 Bunker Ct.
Attachment NameAttachment SizeAttachment Date
Size: 136K
Last Updated: 2017/3/28
Size: 1.3M
Last Updated: 2017/3/28
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Variance - 219 Bunker Ct
From: Matt Boerger, Growth Management
Meeting/Hearing Date: April 5, 2017

(   )  Ordinance
(   )  Resolution
(X)  Other
(   )  Supporting Documents/Contracts

Owner and applicant, John A. Peters III, is requesting approval of a variance from the Land Development Code and adopted PUD to exceed the maximum allowable lot coverage of 35%. The applicant is proposing to renovate their existing homestead and provide for a 237 square foot “summer kitchen” improvement. The proposed improvement will result in 36.29% (or an excess of 1.29%) to the allowable lot coverage.
The subject property is located at 219 Bunker Court, within the DeBary Golf and Country Club development. The parcel, PID 27-18-30-09-00-0110, is approximately 0.328 acres in size with lot dimensions of approximately 113' x 129'. The applicant would like to construct an out-door summer kitchen, under roof. However, the subject site is within the DeBary Plantation PUD, which has adopted development standards that limit building coverage to 35%. The proposed project would exceed this maximum building threshold, under roof, by 1.29%. Therefore, the applicant is requesting a variance from the City's Land Development Code, Section 3-63 as well as the DeBary Plantation (AKA DeBary Golf and Country Club) Planned Unit Development (PUD), Development Standards, adopted by Ordinance 13-96; stipulating maximum lot coverage, to allow for the construction of the proposed project which would increase the maximum building coverage to 36.29%. Please see the following table for the existing conditions:


Residential Planned Unit Development

Single Family Residential




0.328 ACRES

Findings of Fact:

  • LDC Sec. 1-8, Variances, defines the applicability and procedure for a variance. The procedure for a variance stipulates, any person desiring to make improvements to property or to erect any structure not in conformance with the regulations or standards in this Code shall apply for a variance. Consideration of a request for a variance by the City Council shall be a quasi-judicial action and shall be considered after due public notice. Public notice shall include newspaper advertising as required by state law.
  • Furthermore, LDC Sec. 1-8 defines certain criteria for a variance as, granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity and if granted, will be the minimum variance necessary to accomplish the objectives and will not alter the essential character of the area.
  • The requested variance shall not be detrimental to the public welfare or injurious to other property or improvement, nor, if granted alter the essential character of the area.
The applicant has submitted engineering plans to the City in conjunction with the proposed variance. Based upon city stormwater review, the applicant has accounted for excess stormwater that would be generated by the additional lot coverage. Additionally, no significant nuisance or impact to surrounding properties is anticipated upon approval and the above conditions for a variance have been, or may be met upon completion of the proposed project.

 Recommended Motion  
   Staff recommends approval of Case #17-02-VAR-BunkerCt contingent upon the following stipulation: Should the removal of the proposed additions to the property provide for 35% or below in lot coverage, the applicant must apply for additional variance to exceed the maximum allotted coverage with new additions

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122