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Planning commission approves variance to allow zero-foot side setback at Shops at Summertrees

2145022 · January 23, 2025
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Summary

Port Orange Planning Commission voted unanimously to approve a variance allowing a zero-foot internal side building setback for the Shops at Summertrees subdivision, enabling creation of two fee-simple commercial lots and a future shared common wall between an Aldi expansion and a multi-tenant building.

PORT ORANGE, Fla. — The Port Orange Planning Commission on Jan. 23 approved a variance to the land development code that reduces the internal side building setback from 20 feet to 0 feet for the Shops at Summertrees development (case VARC-24-0004).

The variance allows two commercial lots to be created on a 5.83-acre site at the southwest corner of South Williamson Boulevard and North Summertrees Lane so that buildings on separate lots may share a common wall. Staff recommended approval based on the findings in the variance report, and the motion passed unanimously.

Chelsea Cruz, planning staff, told commissioners the PCA (planned community agriculture workplace) district normally requires a 20-foot internal side setback. She said the current site under construction includes a multi-tenant building and an Aldi grocery store and that the approved site plan contemplates a future Aldi expansion that would result in a shared wall. "This variance request is a design choice to be able to do this common shopping center design that allows the tenants to be able to have fee-simple lot ownership," Cruz said.

Jessica (applicant attorney) explained the subdivision would create Lot 1, about 2.78 acres for the multi-tenant building, and Lot 2, about 3.05 acres for the Aldi grocery store. She said the expansion area currently approved in the site plan is a roughly 26-foot gap between buildings that is reserved for future Aldi expansion; there is no stated timetable for that expansion.

Commissioners questioned whether the configuration would affect parking ratios or shared infrastructure. Planning staff said parking and infrastructure remain unchanged because the site was designed and approved as a single shopping center and the shared infrastructure is already accounted for in the approved site plan.

The commission called the roll; all sitting members voted "yes." The approval of the variance was followed immediately by the related subdivision plat on the agenda.

Votes at a glance: VARC-24-0004 — approved; roll call recorded unanimous approval by the commission.