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Planning commission recommends administrative rezoning to allow homeowner to rebuild after Hurricane Ian

May 24, 2025 | Port Orange, Volusia County, Florida


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Planning commission recommends administrative rezoning to allow homeowner to rebuild after Hurricane Ian
The Port Orange Planning Commission on Thursday recommended approval of an administrative rezoning (Rezoning-25-0003) to change roughly 0.26 acres at the southeast corner of Jefferson Avenue and Oak Street from community commercial to neighborhood preservation.

Planning staffer Kelsey Cruz told the commission the property has operated as a single-family home since 1963 and was damaged in Hurricane Ian. The property is participating in the Volusia County Transform 386 program, which the staff said supports demolition and rebuilding at higher elevation. "The property has been developed as a single family home since 1963. It was damaged in hurricane Ian and is currently, in the Volusia County transform 3 8 6 program to be able to be demolished and rebuilt at a higher elevation," Cruz said.

Staff said neighborhood-preservation zoning better matches the existing single-family character of surrounding blocks and would allow the owner to proceed with an elevated rebuild under local and state building codes. "So that's why staff is moving forward administratively to rezone it because it didn't really have an appropriate zoning on it, and to allow them to move forward with that program," Cruz said. She added the new construction would be elevated about 3 feet above existing grade in compliance with the Land Development Code and the Florida Building Code.

Commissioners asked clarifying questions about the neighborhood-preservation designation and its history. Cruz described the category as a carryover from earlier annexation-era zoning that was narrowed in 2013 to effectively allow single-family uses, with other multi-family or nonresidential uses retained only where they legally existed prior to that code amendment.

There was no public opposition and no applicant appearance was required because staff had already spoken with the property owner. The commission voted in favor by roll call: Stan Schmidt, Scott Stager, Daniel Malagold, Maria Mills Bennett, Global Feeney (recorded as Bobo Favey), and Thomas Jordan voted yes. The commission’s recommendation allows the administrative rezoning to proceed through the city’s final administrative steps so the owner may pursue demolition and rebuilding under the Transform 386 program and applicable codes.

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