Subject:
Title
Henry & Janet Abt (Cody Spaur) request a change of zoning classification from RU-1-7 to RU-1-11. (26Z00027) (Tax Account 2322328) (District 1)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Port St. John Dependent Special District Board review and make recommendations regarding a request for change of zoning classification from RU-1-7 (Single-family Residential) to RU-1-11 (Single-family Residential).
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Summary Explanation and Background:
The applicant is requesting to rezone the subject property from RU-1-7 (Single-family Residential) to RU-1-11 (Single-family Residential) for the purpose of establishing zoning that is consistent with the property’s existing RES-4 Future Land Use designation and to allow the construction of a single-family residence on approximately 1.17 acres. A boundary survey, dated April 14, 2025, depicting the proposed single-family dwelling has been submitted in support of the request. The boundary survey is conceptual in nature and is not binding upon future development of the property.
The applicant was notified of the zoning inconsistency during a building permit review for a new single-family residence under Building Permit 25BC13476.
The subject property was originally platted as part of Tract A, as recorded in Plat Book 23, Page 62 within the Port St. John Unit Seven on September 10, 1970. The subject property in its current configuration was created February 26, 1999, as described in Official Record Book 3975, Page 3730 and is not considered a nonconforming lot of record.
Natural Resource Management Department comments note the parcel is subject to the development criteria in Conservation Element Objective 4, its subsequent policies, and the Floodplain Ordinance, including compensatory storage. Chapter 62, Article X, Division 6 states, "No site alteration shall adversely affect the existing surface water flow pattern." Chapter 62, Article X, Division 5, Section 62-3723 (2) states, "Development within floodplain areas shall not have adverse impacts upon adjoining properties."
There is an active Code Enforcement case (25CE-00616) for unpermitted land clearing and land alteration activities on the property, under the jurisdiction of Brevard County Natural Resources Department.
North and West of the subject property is one (1) parcel, 2.13 acres, developed with a single-family residence, RU-1-7 zoning classification and RES 4 FLU. South of the subject property is a 50-foot-wide drainage right-of-way. East of the subject property is one (1) parcel, 1.13 acres, developed with a single-family residence, RU-1-7 zoning classification and RES 4 FLU.
The board may wish to consider if the request is consistent and compatible with the surrounding area and to recognize existing development trends.
The Planning and Zoning Board will consider the request on Monday, August 17, 2026, beginning at 3:00 p.m. and the Board of County Commissioners on Thursday, September 10, 2026, beginning at 5:00 p.m. The meetings will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None