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GRAPHICS COURTESY VOLUSIA COUNTY
Cleared for take off — An Osteen landowner won approval from the Volusia County Council to build a place for a private helicopter on his 10 acres fronting along the St. Johns River. Despite some concerns about noise in the rural area, the County Council granted a special exception for the helipad, but no nighttime flying is permitted.
By Al Everson
posted Jul 7, 2009 - 8:59:02am
An Osteen landowner won the Volusia County Council's blessing to put a helipad on his 10 acres along the St. Johns River.
"It's basically a concrete slab," County Planning Manager Becky Mendez said.
The 18-foot-by-18-foot concrete slab required official permission, known as a special exception. The County Council June 18 granted that exception for Richard Kohler to build a place for his own private helicopter to take off and land on his property, which is zoned A-1 (Prime Agriculture).
Approval did not come without some reservations, as the governing body attached conditions to its approval.
Kohler's land is surrounded by homes on parcels of 10 acres or more, along with agricultural operations and public conservation lands.
"There are obvious potential nuisances that could occur from a helipad and its proximity to residential uses," county planners told the County Council.
Nevertheless, both the planning staff and the Planning and Land Development Regulation Commission endorsed the request for the special exception.
The property is on the south side of Tifford Lane, about 800 feet east of its intersection with Guise Road. The Volusia Conservation Corridor is not far away.
The "potential nuisances" troubled a few on the County Council.
"I think people move out into that area with a certain expectation of privacy," County Vice Chair Joie Alexander said. "I can't support it, because I think it will create a lot of noise."
Kohler's aircraft is a Robinson R44 helicopter. Kohler's attorney, Matthew Gable, said it is "just about the softest-sounding helicopter you could get."
Even though one of the conditions of the special exception is to allow only daytime flying and to forbid nighttime operations, Alexander wondered if private use of the helicopter would increase.
A planning summary noted, "The helicopter is to be used for personal recreational flying, as well as use for vacation travel."
One of the conditions of the special exception is that the helipad not be used in a commercial activity.
Council Member Andy Kelly said Kohler's request involves "bringing the urban world to the rural world." He questioned the effect of a helicopter taking off and landing frequently wildlife.
"Compare it to an airboat flying above you," Kelly said.
By a 4-2 vote, the County Council granted the special exception with the conditions recommended by professional planners.
Kelly and Council Member Pat Northey dissented, while County Chair Frank Bruno, Vice Chair Alexander, and Council Members Carl Persis and Josh Wagner supported the request. Council Member Jack Hayman was absent.
The conditions include a trial period of one year, after which the council will consider a permanent special exception. The year will give county officials time to note if there are any complaints about the helicopter or the helipad.
Besides forbidding nighttime use of the helipad, the council ordered Kohler to "comply with the conditions and recommendations of the Federal Aviation Administration."
Reader Comments
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You "property rights" dreamers are a joke. You have no property rights and neither do I. You have whatever rights your laws give you. You have "rights" subject to zoning, land use and any other regulations that exist. Just like you can't jump behind the wheel without a license, you can't do whatever the **** you want to unless you live in a freaking cave 100 miles from anybody else. That is your price for living in a civilized society. Guess what: you could move to Pakistan or somewhere without land use regs. I have a feeling you won't do that, though. Just keep living in your "property rights" dream
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