Volusia Planning Commission Denies Variance Request Amid Wetland Concerns

At the recent Volusia Planning Commission meeting, a contentious decision was reached when a variance request to reduce the front yard setback for a property in New Smyrna Beach was denied. This denial, stemming from significant ecological concerns, dominated the session. The commission also tackled issues regarding shipping container regulations, rezoning applications, and other variance requests.

The primary focus of the meeting was the variance request involving a 2.5-acre property in New Smyrna Beach, where the applicant sought to build a single-family home. The property, characterized by extensive wetlands, prompted the applicant to request a reduction in the front yard setback from 100 feet to 30 feet. The applicant’s representative, identified as J.J. Rup, emphasized the intent to minimize environmental disturbances by aligning the construction with the existing site plan, which had been thoroughly assessed for its impact on the wetlands.

Despite assurances from the applicant’s side, the commission was met with substantial public opposition. Concerns were raised about the potential ecological disruption and increased risk of flooding due to the proposed construction. A nearby resident, Kristen Caldwell, voiced her worries about exacerbating already wet conditions on her property, a sentiment echoed by other community members and property owners. The opposition highlighted discrepancies in the applicant’s surveys, arguing that the new house’s location could infringe upon wetland buffers, a point that was heavily scrutinized during the discussion.

The debate touched on the historical context of the property, which had faced previous applications and denials, and the perceived discrepancies between past and current surveys of the wetlands. The applicant rebutted these claims by stating that the proposed house would be situated outside the wetlands, in a buffer area, to avoid further environmental disturbances. However, the commission remained unconvinced, leading to a motion for approval that ultimately failed to pass, effectively denying the request.

Following the denial, the commission chairperson outlined the applicant’s options, including appealing the decision to the County Council within ten days or waiting a year to reapply for the same variance.

In addition to the New Smyrna Beach case, the commission discussed the regulation of shipping containers as accessory structures in various zoning classifications. The proposed ordinance aimed to permit shipping containers in commercial, industrial, and certain residential areas with a minimum lot size of one acre. Suggestions were made to amend the ordinance to prohibit containers in RR areas, given their residential nature, and to ensure that containers do not disrupt designated land uses, especially in sensitive environmental areas.

The commission also addressed a rezoning request for a property currently zoned for general office use, with the applicant seeking to transition it to a single-family residential classification. The proposed development included plans for a new residence and associated structures. While the rezoning was recommended for approval, the commission scrutinized several associated variance requests, particularly those related to setback requirements and proposed fencing.

Concerns were raised about traffic visibility and safety, prompting recommendations to close an access point to State Road A1A, which was included as a condition for some of the variances. The commission approved most of the variance requests, with specific conditions aimed at addressing these safety issues.

Lastly, the commission touched upon broader planning topics, including the regulation of low-impact development projects and the need for improved communication with city counterparts regarding the impact of projects on county properties. The meeting concluded with a reminder about an upcoming project focusing on rural areas, designed to address annexations and balance urban and rural uses.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
County Manager:
George Recktenwald
Planning Board Officials:
Edith Shelley, Pat Patterson, Ronnie Mills, Frank Costa, Stony Sixma, Jeffrey Bender, Donna Craig, Trish Smith (Senior Planning Manager)

Receive debriefs about local meetings in your inbox weekly:

Trending meetings
across the country:

Meeting Date
Filter by bodytypes
Agricultural Advisory Committee
Airport Advisory Board
Art and Culture Board
Beach Committee
Bike and Pedestrian Advisory Committee
Board of Elections
Board of Health
Borough Council
Building Committee
Cannabis Control Board
Cemetery Commission
Charter Revision Commission
Child and Family Services Board
City Council
City Identity Committee
Code Enforcement Board
College Board of Trustees
Community Appearance Board
Community Preservation Committee
Community Redevelopment Agency
County Council
Disability Advisory Committee
Economic Development Board
Elderly Affairs Board
Electric Advisory Board
Environmental Commission
Financial Oversight Board
Historic Preservation Commission
Housing Authority
Human Relations Committee
Human Resources Committee
Insurance Fund
Land Use Board
Library Board
Licensing Board
Mental Health Commission
Municipal Alliance
Open Space Commission
Oversight and Review Committee
Parent Advisory Board
Parking Authority
Parks and Gardens Commission
Parks Commission
Pension Board
Planning Board
Police Review Board
Port Authority
Property Assessment Board
Public Safety Committee
Recreation Commission
Redevelopment Agency
Rent Control Board
Rent Leveling Board
School Board
Sewerage Authority
Shade Tree Commission
Special Magistrate
Taxation & Revenue Advisory Committee
Tourism Board
Trails Committee
Transportation Board
Utility Board
Value Adjustment Board
Veterans Committee
Water Control Board
Women's Advisory Committee
Youth Advisory Committee
Zoning Board
Filter by County
FL
Bay County
Bradford County
Brevard County
Broward County
Clay County
Duval County
Escambia County
Gulf County
Hendry County
Highlands County
Hillsborough County
Indian River County
Lake County
Lee County
Leon County
Levy County
Liberty County
Manatee County
Marion County
Martin County
Miami-Dade County
Monroe County
Okaloosa County
Orange County
Osceola County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St. Johns County
Taylor County
Volusia County
Walton County
MA
Barnstable County
Berkshire County
Bristol County
Essex County
Franklin County
Hampden County
Hampshire County
Middlesex County
Norfolk County
Plymouth County
Suffolk County
Worcester County
MN
Anoka County
Becker County
Beltrami County
Benton County
Blue Earth County
Brown County
Carver County
Cass County
Chippewa County
Chisago County
Clay County
Cook County
Crow Wing County
Dakota County
Freeborn County
Goodhue County
Grant County
Hennepin County
Isanti County
Itasca County
Kanabec County
Kandiyohi County
Koochiching County
Lac Qui Parle County
Lyon County
Mcleod County
Morrison County
Mower County
Nicollet County
Olmsted County
Pipestone County
Polk County
Ramsey County
Rice County
Scott County
Sherburne County
Sibley County
St Louis County
Stearns County
Steele County
Waseca County
Washington County
Wright County
NJ
Atlantic County
Bergen County
Burlington County
Camden County
Cape May County
Cumberland County
Essex County
Gloucester County
Hudson County
Hunterdon County
Mercer County
Middlesex County
Monmouth County
Morris County
Ocean County
Passaic County
Somerset County
Sussex County
Union County
Warren County
NY
Bronx County
Kings County
New York County
Queens County
Richmond County
TN
Shelby County
Filter by sourcetypes
Minutes
Recording