City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
ph: (386) 668-2040
fx: (386) 668-4122
Agenda Item #
Attachment NameAttachment SizeAttachment Date
Size: 454K
Last Updated: 2018/1/5
Size: 277K
Last Updated: 2018/1/5
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Variance - Henry
From: Matt Boerger
Meeting/Hearing Date: February 7, 2018

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

Thomas M. Henry, Owner, is requesting a variance from Land Development Code Section 5-127, pertaining to the minimum setback requirements for Gateway Corridor signage.

The Applicant is attempting to bring their non-conforming sign into compliance with the City's sign code and is requesting to construct a new monument sign within approximately one (1) foot of the property line(s); a deviation from the code required five (5) foot front and ten (10) foot side setback.

Background Discussion
The City’s Land Development Code was amended in 2012 to require all non-conforming signs be brought into compliance by September 30th, 2017. On March 6, 2013 City Council adopted Ordinance No. 01-13 amending the Beautification Matching Grant Program by creating a supplemental grant program to provide incentives for business owners to replace non-conforming signs. In adherence to the Beautification Matching Grant Program, the Applicant has requested placement of a new monument sign. Due to unique circumstances—eminent domain takings of US Hwy 17/92—the Applicant cannot place their requested monument sign without the necessity of a variance.

Finding of Fact
City of DeBary Land Development Code (LDC) Section 1-8 Variances includes, but is not limited to, the following criteria:
  • The plight of the land owner is due to unique circumstances and not the result of his own action or failure to act; and
  • The result of takings through eminent domain of the US 17-92 streetscape has imposed a hardship upon the Applicant’s ability to place ground signage. Therein, the Applicant’s request for variance of front/side setbacks is justifiable due to unique circumstance and not a result of his own actions.
  • The variance, if granted, will be the minimum variance necessary to accomplish the objectives and will not alter the essential character of the area; and
  • The result of granting the minimum variance will accomplish the City’s objective of Gateway Sign Beautification and will not alter the essential character of the area.
  • The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements within the vicinity.
  • An onsite inspection of sign placement was conducted by Development Review Committee members as part of fact finding prior to Council approval. The inspection served to ensure the improvement will not create a safety hazard and the proper visibility for motorists and pedestrians is maintained. The inspection resulting in a finding of compliance with all safety related concerns.  
Recommended Motion
Approve the Applicant’s variance request

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

(   )  Other