The Port Orange Planning Commission on Thursday approved a variance for case ARCD-25-0002 permitting a 7-by-30-foot in-ground pool to be built 5 feet 8 inches from the side property line instead of the standard 8-foot setback.

Planning staff presented the request as a site-specific variance. "So I present to you a variance for a pool to build a 7 foot by 30 foot in ground pool on the east side of the property," Planning staff Suzette Cameron told the commission, explaining that a 5-foot easement on the east side and a 10-foot utility and drainage easement at the rear limited other placement options.

The commission said the property is a corner lot with limited buildable area. Cameron said staff reviewed alternate locations proposed by the homeowners and determined the easements made those options infeasible. "Pools are allowed to be in the side and the rear properties. This is a corner lot, so they really are faced with 2 fronts," Cameron said. She told the commission the proposed pool would remain outside the recorded easements and would not impact drainage easements.

Neighbor Michael Leonardi, who identified himself as the homeowner at 3897 Long Grove Lane and the homeowners association president, pressed staff and the applicant about flooding history and whether the pool or its decking would increase runoff. "During the last series of hurricanes, we had water up to about 3 feet from our front door," Leonardi said. "My concern is ... what is gonna alleviate my concerns that if there is another flood, that that pool doesn't overflow and or during a heavy rainstorm, it doesn't overflow or any of the runoff from the surfaces ... run into the backyard."

Applicant Jason Miller reiterated that other yard locations were blocked by easements and said the requested reduction equals about 2 feet 2.8 inches: "So this is really only place that we could do a pool. And we're only asking I think it's for 2 foot 2.8 feet of bearings for this." Brian Lenoir of Artesian Pools, speaking for the contractor, said equipment and grading would be staged to preserve existing drainage slopes and elevations: "We will make sure the elevations are put back so that, in theory, we will have not disturbed anything and replaced it with the same elevations to keep the same drainage, slope, everything that needs to be done."

Commissioners asked about separation between the pool and the house, decking limits, and whether any development would intrude into the recorded easements. Cameron and the applicant confirmed the pool's water edge would meet the approved 5 feet 8 inches to the property line and that no part of the proposed pool, decking, or concrete would encroach into the 5-foot side easement or the 10-foot rear drainage easement. Cameron also said the Florida Building Code permits a pool to be adjacent to the house in some situations and that the city’s code limits decking to 5 feet to the side property line.

After public comment and discussion, the commission voted by roll call. Planning Commissioner Stan Schmidt, Planning Commissioner Scott Stager, Planning Commissioner Daniel Malagold, Planning Commissioner Maria Mills Bennett, Planning Commissioner Global Feeney (listed in the roll as Bobo Favey), and Planning Commissioner Thomas Jordan voted yes. The motion passed and the variance was approved.

The commission’s approval allows the applicant to seek building permits consistent with the granted setback reduction and with any applicable Florida Building Code and local permitting requirements. No additional formal conditions or referrals were made on the record.