Planning and Zoning Board & Local Planning Agency - Regular Meeting

Of allegiance. Pledge allegiance. This meeting is now called to order. This is a Brevard County bonus zoning adjustment for Wednesday, March 18. Mister Bodie, can you please read us our first reading, the function of the board?

Yes, miss chairman. The board of adjustment is a quasi judicial body established by the board of county commissioners under chapter 62 article two division four of the Brevard County code. The board of adjustment is in part to hear request for variances to the zoning regulation and the signed regulation in chapter 62, article six, and article nine. Pursuant to Florida rules of appellate procedure, any person or persons jointly or separately agreed by any decision of the board of adjustment made within thirty days after the date the order is signed and applied to a court of competent jurisdiction for appropriate relief. Ms. Chairman, you have 11 items on your agenda today.

Thank you. Ms. Clemens, can you read us undue hardship definition, please?

Law. The The is

I'm

special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. The term undue hardship has specific legal definition in this context and essentially means that without the requested variance, the applicant will have no reasonable use of the subject property under the existing development regulations. Personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where the landowner cannot yield a reasonable use and or reasonable return under the existing land development regulations. The applicant must answer hardship worksheet with six questions.

The Board of Adjustments will discuss these questions today with each applicant who has requested a variance. Ms. Thank you.

I would like to address our board members, the applicants, and our audience about the procedures that we followed during this proceeding. The Board of Zoning Adjustment is a crazy board with members appointed by the Brevard County Board of Commissioners who will utilize Robert Rules of Order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentation, we will begin board questioning with the board member who represents the applicant's district. When concluded, question is open to the full board.

The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well as to present their final comments. Once completed, no further comment will be heard from the applicant or the public.

The action then moves to the board for discussion and action. We will not be using a timer for this meeting, instead we ask in each speaker to be concise in what they have to say. It's important that you stay on a subject and avoid information that's not relevant. All persons speaking must provide their name, address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for address card. Please fill it out and return it to the clerk. Are there any questions regarding these procedures for the board from the board members? Seeing none, are there any questions regarding the procedures from the applicants? From the audience? Seeing none, move to our next order of business. We'll go right to our meeting minutes. Any changes or motion to approve?

I make a motion to approve the meeting minutes.

I'll second. We have a motion to approve and a second by mister Hummer. Thank you. And now we open up with our first application is the body please.

We got

a vote. Which the vote for the meeting minutes. We take a vote, please? Sorry. Vote to approve.

Aye. Aye.

Thank you. Mister Bode, please.

Yes. Item h one, Matthew s and Gretchen W. Solar, represented by Dan Cole, request five variances, chapter 62, article six Brevard County code for a fence slash wall in an r u dash one dash seven zoning classification located at tax account number 3007937 in District 3.

Can the applicant come forward, please? Just put the mic to your mouth. Miss where you in these will tell the truth the whole truth not for the truth.

I do.

Thank you. Your name for the record please your first and last name

Dan co c o e.

Can you hear that? Repeat it again please.

Dan co c o e.

Okay. How can we help you today please?

Well, good afternoon, chair and members of the board. I'm Dan Coe and I'm I'm here on behalf of Lifestyle Homes and the homeowners of Matthew and Gretchen Solar. I appreciate the opportunity to speak today. There this request is narrow in scope. It does not involve redesigning the site, changing drainage, or expanding the use of the property.

It arises from a situation where state mandated life safety requirements and local zoning limitations intersect on this particular lot in a way that makes it impossible to comply with both requirements at the same time without relief. Because of the lots topography and the approved site design, retaining walls were necessary to properly grade the property and manage drainage. Those walls were designed by a licensed civil engineer reviewed by the county and approved the heights up to the maximum allowed under zoning. Can I approach with documents?

Yes, one moment. It's about is he cleared to speak for the company?

Yes, he is.

Okay. Yes, you may approach. You. Thank you. So

what I gave you was the approved the original approved lot drainage plan that shows the walls on there and then also picks of the property as it currently sits. The approved plans also clearly identified that where the drop exceeds 30 inches, fall protection would be required under the Florida building code. So on the plan on the second page, upper left corner, the section shows that walls were permitted up to six feet in height and any drop over 30 inches would require fall protection. So the guard in this case is not intended to enclose or contain any area. It exists solely as a life safety feature required by state code to prevent falls.

So in the picture packet, you can see the guards that sit on top of the walls. They don't enclose any they literally just sit on top of the wall to for fall protection. The plans were prepared by a licensed engineer reviewed by the county and approved through the normal permitting process. This variance request is not an attempt to correct a mistake, but to reconcile two valid requirements that were never intended to conflict. At the time the original plans were reviewed and approved, it was reasonably understood that the state mandated guard was being treated as a safety feature, not as a zoning regulated fence or as an extension of retaining wall height.

If fall protection were treated as part of zoning regulated wall height, then by simple math, any retaining wall exceeding 36 inches would by definition being capable of complying with both the Florida building code and the zoning ordinance simultaneously. Now at the end of this project, the way these two requirements began to be applied together changed. That shift created a situation, excuse me, where compliance with one mandatory requirement began to conflict with the other. That is the situation we're here to resolve today. The conditions giving rise to this request are very specific to this property.

The recessed nature of the lot, you can see in some of the pictures how it's recessed. The grading configuration and the approved finished floor elevation required retaining walls that approach the zoning height limit of six feet in that area. We're here on the 4 And 6. When combined with mandatory fall protection, that configuration produced a conflict that would not typically arise on most lots. This was not the result of an unusual or discretionary design choice.

It was the result of approved engineering plans and mandatory safety requirements being applied to a unique site condition. The retaining walls were constructed as a as designed by a licensed engineer and approved by the county. The fall protection is required by state law and is not optional. The homeowners did not create this condition. They followed the approved plans and complied with the mandatory safety requirements. On this site, there is no practical way to satisfy both the Florida building code and the zoning ordinance simultaneously without variance relief. Where fall protection is required, it cannot be eliminated or reduced below the state minimum required height of 36 inches. Without a variance compliance with one code necessarily results in violation of the other. Can I present one more time?

Yes. Thank you.

So the what I gave

you there was the proposed new plan. So we had already built this, and this is what we're proposing to do and which is what this variance meeting is about. So the plans before you represent a good faith effort to request only what is necessary. Since the prior hearing, the plans have been revised further to reduce the wall height where possible and limit the guard to the minimum required by state code. The request before you today is narrower and more restrained than before.

We reduced we reduced retaining wall heights wherever physically possible. We reduced the guard height to the state minimum of 36 inches, and we removed guard sections where fall protection is not required. No additional wall height, mass, or footprint is being added anywhere on the site. The request is limited solely to the incremental height created by mandatory fall protection. The homeowners are not seeking additional height, expanded use, or aesthetic enhancement.

This is not a general condition that would apply to most properties. It arises from a very specific combination of topography, approved wall elevations, and mandatory safety requirements. Most lots would never encounter this conflict. Now the requested height relief does not create an injury to surrounding properties or the public welfare. Approval does not increase the retaining wall height beyond what was previously permitted, does not alter drainage patterns, does not change site function, and does not affect stormwater performance.

All drainage and grading were reviewed and approved through the county's civil permitting process. Graining this variance does not change how the site functions. It only resolves a life safety conflict created by mandatory regulations. From a drainage standpoint alone, the site will function exactly the same tomorrow whether this variance is approved or not. Now I understand that large site changes can feel disruptive to neighboring properties, but for purposes of the variance decision, the question before the board is not whether the wall is preferred or disliked, but whether the limited height relief associated with state mandated fall protection creates an additional measurable impact beyond what already exists.

The retaining wall sorry, the retaining wall will remain exactly as it exists today. The only question before the board is whether the minimum safety guard required by state law can exist on top of the wall that was already permitted and approved. For purposes of the variance criteria, the relevant consideration is whether the incremental height created by the required guard creates an additional impact beyond what already exists with the permitted retaining wall. Our civil engineers present should the board have any technical questions related specifically to drainage or storm water performance. And I believe he's listed on the document. For these re for these reasons, we respectfully request approval of the variance. Thank you for your time and consideration.

Thank you. I think point. I

very

Question I have to have here. I It says here special conditions and circumstances exist which are

we'll

the

one one.

One

then And we'll the on to proximity of the home to north and south side of the property lines. Well, those conditions wouldn't exist until the house was built. Correct? So the house being built created this situation. Correct?

When you say situation, can you elaborate?

Yeah. You're saying it's saying here that the the subject Park property presents unique structural and topographical conditions due to the proximity of the home to the north and south side of the property lines as well as required finish floor elevation. Correct. Well, there's problems wouldn't exist if the house wasn't there. Correct?

But the yeah, I'm just I'm sorry. I'm loading the houses there with the finish floor elevation that was out of flood zones presented, approved. With that finished floor elevation, you have required grading that you must meet and the retaining walls required to allow that that grade from the house finish floor elevation.

Well, what I'm saying is without that house, there wouldn't be any problems. Correct?

Yeah. Because there is Okay. But we have a house.

I have another couple of questions here. I believe last time there was a problem with drainage was I not an issue.

It was. That's what the neighboring properties commented. However, again, our civil engineers on-site and he designed this as approved. All homeowners, builders are required to retain their own water, we did that. We have drainage going from the front of the house to the back of the house where we have retention area, walls were built six inches above grade to retain our own water, there's not enough hydraulic pressure to cause any water problems to the neighboring lots.

Neighboring lots are also required. Everybody is required to retain their own water. So the the comment that we were creating flooding on neighboring properties is is not accurate. That's false. Also, the neighbor to the yeah. Yeah. So we we we are doing our job here to by retaining the water on our lot. We are not causing flooding

Sir, has anything been done since the last time you were here in regards to flooding?

There is nothing to do because we complied with all drainage requirements. Now what I can say is the neighbor to the south installed a pool and a gazebo on their property that required lot drainage alteration to retain their water and from my understanding that has not been done. So their requirement again, everybody's requirements to retain their own water. So the water that was presented last time against the wall, when you build between two properties, neighbors are typically used to draining onto the empty lot in between. We now have a lot there.

And regardless of whether you had walls or not, any house that bill is gonna be elevated to a finished floor elevation and you're required to retain your own water. So if that water was draining to our to the empty property before we build and the water continues there without them altering their own drainage through the through the permitting process, then it has no choice but to dam up against our wall. But that's not our issue. Our we did and complied with civil engineering to retain the water on our own lot.

I might have a couple questions but I'll I'll pass it on at the moment.

Okay miss Clemens any questions questions. That's best.

You know I don't have any thank you

thank you and with the Hoffman. None. Okay Seeing none, I'll just ask you to step aside. I'm gonna ask the audience. Is there anyone in the audience who would like to speak in favor or opposition of this variance? Can you come forward now, please? Seeing none, you can come back. Mister Humberg?

I don't have any further questions, but I'll make a motion here if you want. How many? There's five of them. Right? Five variances.

Five, right? Five variances you're requesting? Okay. I see five. Alright, Brent. Mhmm. Mhmm. Okay. I'd like to make a motion to approve all five variances as depicted on the survey provided by the applicant with a revision of

the the case of not the next generation to that. The

I'm

I'm circumstances exist, which are not applicable to other land structures or builders in the applicable zoning classifications. That the special conditions and circumstances do not result from the actions of the applicant. They granted the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. The literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. And that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

And last, that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance would not be interest to the area involved or otherwise detrimental to the public welfare. We have a motion by mister Holmberg to approve, a second by miss Clemon. With say the board. Motion your variance have passed.

Thank you, mister Holmberg. Thank you, board. Mister

Bodhi, our next variance, please.

Yes. Item h two. Tyler Gardner and Shelby Hines request variance of chapter 62 article six Bavar County code for principal structure and RRMH dash one zoning classification located at tax account number 2406117 in District 1.

Can the applicant come down, please? Hello. Hi. Can you raise your right hand, please? Are you swear to tell the truth, the whole truth, and nothing but the truth?

I do.

Can I have your first and last name, please? Shelby Gardner. And how can we help you today?

We me and my husband have come. We applied for a variance. We bought and purchased land in a manufactured home, and they placed the home on the land about a year ago. And we didn't find out until three days before our expected receiving

of

our CO that they actually placed it 15 or almost 15 feet over almost onto the neighboring property line. Unfortunately, everything with the house has already been done, septic, driveway, water, stairs, electric. The septic actually is over the property line. They also did not build the pad high enough, so we had to install a French drain, which now is on the neighbor's property line as well. I think it pushes it about a foot onto the property. Unfortunately, nobody caught this in the entire year process. The appraiser didn't catch it. The county inspector didn't catch So it's caused us quite a bit of hardship.

Okay. Well, I see you in District 1. That's my district. Okay. I didn't get a

case.

And

Bass? I do not.

Okay. Yes. I do. Okay. In

your description just now, you said that some of your facilities impinge on the neighbor's property?

Yes.

Have you made arrangements with that neighbor

He for he lives in Ohio. We have tried every method of contacting him because originally, we were just going to buy a portion of the land because it was gonna be the easiest or have our home builders buy

it. Mhmm.

He made a mention to his realtor that he did not wanna sell. We have had the title agent reach out to him real estate. We've sent him a certified letter. At this time, he has no interest in selling any of his property.

So what's the resolution?

Our homebuilder suggested applying for the variance. They said if if the variance does get approved that they are going to move the septic over at their expense, but that doesn't fix our drainage issues since they didn't build the pad up high enough. We can't actually have the house without the French drain because all the water just I mean, it pulls completely to the house by, like, a foot, so it'd be, like, structurally unsound. Other than that, that's kinda like where we're at. They did say we did have an attorney on it and they told our attorney that the variance doesn't get approved, that they are gonna make it right.

They did try to blame us for the longest time saying we staked our own property, which is a lie. We did not. But finally, I feel like lately they've kind of changed their tune a little bit that they are offering to fix it,

hopefully. If you didn't stake the property, who did?

Our surveyors, which that company is now out of business. But the we ordered the boundary survey and the home company ordered the engineering survey. They were done by the same survey company, and my husband did find the iron rods in the ground. So the the the boundary survey was correct. They just physically put the house in the wrong location.

Okay. Yeah. It's been fun. I'm trying to think.

So if so so by granting the if if we grant the variance, how does that solve the problems of these other things?

I honestly have no idea.

Alright. You're here following your attorney's advice?

Well, our home builder, we came to an agreement because originally, we basically told them, I mean, this is their problem. They have to fix it. And they said, if we apply for the variance that they will get the mortgage deferred because the mortgage is due on it because we entered this agreement, this construction loan almost two years ago now. So it was kind of our only option at the point, but they did recently state that they would fix it if the variance didn't get approved, which would require them moving the house.

Which would you prefer?

I mean, since it already has issues with the drainage, I think we would prefer it to be moved, but we're just concerned that if the if the variance was granted, that the utilities are still over, and then we would like to put a fence in, but then we would have no room for a fence.

Okay. Thank you. You're welcome.

So I just wanna make sure I'm clear. Are you living in a house now?

No. It's unlivable because we can't get a c o. We're we've been living in a camper for over two years now. On the property? No. In my parents' backyard. Oh, okay. Because we can't live in the camper on the property because they won't turn the power on because we don't have a c o. I've tried to call FPL, but they won't turn it on. So

So my question is gonna piggyback off of his. So in improving, if we approve your variance today, is that giving you one step closer to getting inside your home?

Technically, yes, but then we would have to figure out about the drainage issue. So, no, I guess. I mean, the the because the French drain is actually over the property line, and I don't know how much the variance grants distance wise because the French drain goes out about two feet, but we have to have it

or else our house foundation would be underwater. Okay. So I'm gonna address this to mister Bodhi staff. So just help me understand this. I know I've been out for a month or two or three. But wait, my question is this. She's here for a variance because that's what she needs to go to the next step. Is that correct, mister Bodhi?

The variance is only for the mobile home itself. It's not for any of the French drains or any of the other problems that seem to be Exactly. She's trying to get addressed with the getting this variance.

Okay. So then let us other problems.

Okay. Yeah. Our homebuilder basically said, if you want our help, apply for this. And then the decision of this will depend on what they'll do to fix it.

Okay. So miss Hines, let me let us help you today. Okay. Okay? Let us help you. Okay. Any more questions for Okay. Just step aside. Let me see if anyone's in the audience. Is there anyone here in the audience that have anything to speak on this variance? Yea or nay? Seeing none, come on back. Okay. Can someone make a motion for me, please?

I make a motion to approve. I make a I make a motion to approve as depicted on the survey dated 10/10/2025. Do I have a second? Okay.

Miss Clemons made a motion to approve. It was second by mister Hamburg. I'm gonna read the six to undue hardship. The special conditions and circumstance exist which are not applicable to other lands, structures, or builders in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant. They're granting the variance requested would not confer applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification, and that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure, and that the granted of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance would not be interest to the area involved. We have a motion to approve by miss Clemings. We have a second by mister Humberg. Can I get the board to vote on approving this variance? Hi.

Hi. I vote against.

Okay. We have one against the variance from mister mister I'm sure last not if if I vote in favor. I'm in favor. I agree. Your variance have passed. Thank you. Thank you. Mister Bodhi, can we have the next one, please?

Yes, item h three. May the Janet Morales request six variances of chapter 62 article six before County code for three variant structures and an r u dash one nine zoning classification and for fence height. The application numbers 26B00001. Okay tax account number 2404346 in District 1.

Good afternoon. Good afternoon. Weekend Mike from side good afternoon. The story tell the the whole truth and nothing but the truth. Yes, ma'am. Can you state your first and last name for the record please

and I see any.

Okay we should be speaking as well.

She's my mother she said property owner. I'm here behalf of her so can speak.

Okay. Will she be speaking now. Okay. Okay. Okay. How can we help you today?

Okay. So my mom and I have actively been working with court enforcement officers in the county to come into compliance. The application of the variances that we did is mainly for structures that were in the home before we purchased the house. We did not know but we we work with county, we did a biking of the easement so these structures can stay. And also I think the other other variance was the fence. The fence is a fence that was there also before we moved into the house where we replaced it from being a rotten wood to PVC. And

I'm sorry, I'm very

So we do like a backing of the easement so the structures can stay without conflicting with the utility lines. Also the height of the offense coincides with many surrounding fences in our neighborhood.

Okay. So you just said I'm sorry, just bear with me. You just said the fence is the same size as the fence as the other fence is around the hood? Okay. Okay. Go ahead.

And that's that's pretty much it. Have.

Okay. Well I see you in District 1 and that's my district. So I'll ask that the best to start with the questioning please.

I don't have any questions at this time. Okay.

I have one. Okay. The Hoffman.

This was existing conditions when you bought the property and you're just here trying to legitimize the existing condition. Yes, sir. Okay.

Miss Clemens? No questions. No questions. Well, no one have any questions. So let's just sum up what you're here for today. You purchased the property at this. Help me if I'm not right now. You purchased the property. Defense is the concern, correct? Mostly. And when you say mostly, what else is the concern?

Well, they had there's two structures that weren't that weren't the back, the stone in the back of the house were there before we purchased the house. But apparently, they weren't they they didn't pull permits for it. So when there was a complaint and they came to, you know, do the investigation and all that, we found out within half permits for those so that's why we would we would trying to bring the house into compliance.

Okay. So today I want to make sure we clear we here for six variance correct. Correct. Yes ma'am okay. Okay you have anything else you want to add today before we get started no ma'am okay. Thank you actually to step to the size Is there anyone in the audience that would like to speak to this variance whether opposing or agreeing? Yes. Can you come up to the podium, please? Yes. I swear you in place?

Yes, ma'am.

You swear to tell the truth, whole truth, not about the truth.

Yes, ma'am.

Can you state your name for the record, please? First and last name. Edward Reynolds. Edward Browns. How can we help you?

All the compliances around the neighborhood, their defenses and everything. I own 1.78 acres right behind where the problem is.

Mhmm.

All of our fences are equal. There's none of them out of order or none. We I've lived there thirteen years. They lived there too, and then the other two ladies are gonna talk. They've been there in, thirty years. Anyways, everything is compliance. This is just one guy that lives. They just bought there, moved in, and he is trying to ruin the whole neighborhood.

Well, let me ask you this real quick. Are you opposing or you agree with that?

I agree with her.

Oh, you got me. Okay. That's what I wanna be clear.

Because it's all evil.

All of

our fences are all six foot. I have a wooden fence. They have vinyl fence. Right. So, I mean, and that her house is one of nicest ones on the street. Okay. So it's it's not, you know, nothing there. I'm agreeing with her. She's legal. She's done everything right.

Okay. Well, we appreciate you coming today and letting us know how you feel. Thank you. That's a neighbor.

Thank you.

Okay. Who else would like to speak today? So it is held to the whole truth.

I do. And your first and last name, please. I'm Tina Doby.

How can we help you, miss Tina? Are you agreeing or disagree? I'm agreeing. You're agreeing also.

Okay. My sister has cancer and she lives right around two doors down from me and I'm speaking on both of our behalf for Anna. The the structure she's talking about, I've been living there since 1989 and those were there. I knew all the people that were there before, the people that bought in between because there's been two owners since her and then she Okay. And then she bought, and I just love her. But they they have done really nice upkeep, they've made the the fences beautiful, it's it's made the neighborhood look nicer, they're excellent neighbors, they keep everything nice, and we're just happy that they're there. And I wanna agree with the gentleman that spoke earlier, we've never had issues in our neighborhood. Everybody gets along. We don't have people that call and complain about each other. We're just Right.

We're neighborly people. But since this person moved in, it's constant, like, somebody's caught, you know, everybody's worried like, gosh, this person's gonna call us. But I don't I don't understand it. But I just I'm speaking on her behalf, and I took off work and I never take off work to do anything, but I'm like, I'm going there because I want somebody to stand for her because they are really done good for our neighborhood, and I'm very proud to have her as a neighbor.

That's great. Thank you for coming, taking time. Is the person who opposes is the person here today? No. No. Oh, okay. I just wanna make It's the letter. He's the Okay. So they wrote a letter. Okay. You saw that correct. Okay. Good. Okay. Good. Okay.

I'd like to make

the board aware that one of the sheds the applicant put up themselves, two of them, they were bought there and the fence they put up themselves too. So

Okay.

Just so you know that.

Thank you, mister Lowe. You

can come up. Let me split you in. You split the whole truth, the whole truth? Yes. I do. And your first and last name for the record, please? Carolina Franks. Okay. Are you a neighbor?

I lived in 2945 Brandon Court, a cul de sac right off Ipswich. She's on the corner. I'm on the little corner coming around, and I've lived there approximately thirty five years. Probably more than anybody, there wasn't any red light in that place when I moved in.

Okay. How can we help you? What would you like? Are you opposing or you're agreeing?

I am so much in agreement with Okay. I don't know. I just like to say, I don't know if you've gone down that road at all. But her house is very beautiful. I've been in there when the first owner I didn't go there the second owner, so I know what looked like the first owner and what was in the backyard.

And I've been in there I've been in there since I've been in Anna's Anna's Anna's house also. From where I sit on my cul de sac, I see her yard, and she has never let it go, and she has put a fence up, and she had to cover the bottom part because we have neighbors on the corner of Ipswich that has two or three little girls that lets them run run run at night that's little, and they like to go in there and dig out, dig dig dig in her yard and everything, and she's probably afraid of something going to be harming, so she had to get something to to cause it to go to the ground so she does not have problems being, you know, with, you know, anything harming the children. But my opinion, she has done nothing but beautify the neighborhood, and we I live by the rule of live and let live. I do not know if you have gone down Ipswich. Brenda Court is a five house cul de sac.

We mow yards when first one starts mowing. But if you go down Ipswich, you will see boards on windows. You will see cops out there for drugs. You will see other people with boards on their windows. You will see she is the model homeowner, in my opinion. I have been there thirty five years, and I cannot believe that somebody's gonna say something on that house, I mean, it's ridiculous. Her house is this high her fence is just as high as anybody else's. Matter of fact, if you really wanna know the truth of this, is this going off just a little bit, but may I go?

So let me bring you back on in.

I know I'm I'm on in. I'm on in

my house.

Okay? I could go down that street, and I could get right up something every house and keep you busy for the next six months. Okay. But I would never complain on her because there's nothing to complain about. But we got boarded windows. We've got everything. But we But I am I'm I'm I'm a I live with somebody that has junk in their backyard. I'm a live and let live. He has no absolute and as far as those letters written in, one of the letters is supposed to be Ethel Turner, my next door neighbor. I'm surprised she would even write anything in.

Okay. We appreciate your opinion today, and you coming up to tell us that you're in agreement with her.

She is one neighbor I would love to live next door to. And compared to what you will go down that street and see in thirty five years, shame on anybody complaining against her. Thank you.

Thank you. Thank you. Is there anyone else? Seeing none. What is the motion of the board?

I have a question.

Oh, I'm sorry. There's a question. Question from the mister Booty. Okay. Go ahead. Exit in the mic so he can

Mister Booty, I have a question for you. Does this variance do anything for their code enforcement action? Yes. Okay. Thanks.

Okay. Okay.

Yeah. Good.

Doctor Best? I'll make a motion to approve the six variances as depicted in the survey provided by the applicant dated 02/26/2024. I'll second.

Okay. We have a motion to approve by doctor Bass and a second by mister Hoffman. I'm gonna read the six variants you can come back to the podium I'm sorry. The special conditions and circumstances exist which are not applicable to other land structures of buildings and applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant, that granting the variance request to be conferring the applicant any special privilege that is denied by the provisions of this chapter other lands, buildings, or structures in identical zoning classification, that literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classifications, and that the variance granted is the minimum variance that will make possible the reasonable use of the land, building a structure, and that the grain of the variance will be in harmony with the general intent and purpose of this chapter.

We have a motion to approve by doctor Bass, a second by mister Hoffman, and we'll go to the board for individualized vote. Miss Clemens? I approve.

I approve.

I approve. I approve. Your variants have passed. Thank you.

Thank you

so much. You so so much.

Thank you. You're welcome.

Have a

great day.

Mister Bodhi, can we have our next applicant, please?

Yes. Item h four. William Warren, Sharon Molex, Palmer request three variances of chapter 62 article six Brevard County code for a swimming pool and a swimming pool screen enclosure in an RU dash one dash nine zoning classification located at tax account number 2419052 in District 2.

Okay. Come on up to the podium. Good afternoon. Good afternoon. Do you swear to tell the truth, the whole truth, nothing but the truth? I do. Can we have your first and last name for the record, please?

Monica Pritchard of Goldman Monahan Thacker and Bettin.

How can we help you today?

I represent mister and missus Palmer. They're here in the audience today as well, and they are happy to speak on their own behalf as well if anybody has any further questions. Think I think question. I Seven months into building. So they already have the basin in.

They've got the pavers in. We've got a whole pool. They received notice that there was going to be a hold on their validly issued permit because variances were needed due to the fact that the pool was located in the front yard. So since then, this has created obviously a nightmare for them, and the project has been on hold for months at a time and they have been unable to complete the project. The pool is, you know, currently a safety risk because it is open and in the front and it's built.

We're talking about a built structure in a pool. In order to have this righted, we need three variances granted. And as you can see by the renderings, they are in black and white. My client did provide them for me in color and I'd be happy to give them to you if that would be more helpful as to what this is going to

look

like.

May I come? Yes. Thank you. Okay. Thank you.

So

as you can see by the pictures and everything that in our application, we're talking about an a structure that's already existing in their home. The way that the property is facing I don't know if you are familiar with the street, but they have no forward facing neighbors. Okay. So neighbors from the side may have a slight view. It would be semi obstructed by some of the vegetation and the things through there, but they may have a slight view but there's nobody forward facing.

Anything else? No. Okay. This is in District 2. Miss Clemings, do I start off with questions? I

don't have any questions. It's pretty straightforward. Yes. Thank you.

Okay. I have questions. Okay. Yes, miss Repland.

I do too.

Okay. Well, come on down the line.

Okay. My question is Yes. The house faces. It looks like is that Brevard County property that it faces, which is on the waterway?

I believe so. It's a it's a sanctuary. It's unbuildable in the front, so they'll never have forward facing neighbors. Alright. So that is a okay. That's very point.

Thing

is that to we're permitted by a separately certified contractor as opposed to the building contractor who would have pulled permit on the house. So I'm asking, did the pool contractor pull a permit for the pool?

Yes. I believe aquatic pools applied for the permit.

Okay.

Is that cut?

Was approved. Yes.

Yeah.

Were they aware that the that the pool is gonna go impinge forward to the house?

I can't speak for aquatic pools.

Of course.

I'm not. I'm here on the Palmer's behalf.

Mhmm.

I can tell you that my clients were completely unaware and relied on professionals and the approval of the county and have received approval from the county every step of the way because this pool has been inspected multiple times at this point.

Okay. Have you approached well, has your client approached the pool company to rectify this physically?

We have Move the pool.

We have separate conversations going with aquatic pools. But at this point in time, given that the pool is, I would say, 80 to 90% complete at this point, we're looking for a variance to be granted.

Okay. Still the pool contractor is responsible for this. I'd I'd meant to phrase that as a question.

Are you asking me if I believe that the pool is responsible for this?

Yeah. I'm asking that. I

believe that the pool contractor applied for this permit and should have enough knowledge about applying for variances and apply and putting in pools in the county given the size of this pool contractor and how many pools that they've built?

I'll summarize what you just said is yes.

If that is your

summary. So

my only question again, I have to just see that my mind understand this for us. Yes, chairman. No. So was the pool company, but they they issued a variance at first in error. That's what they're saying. Right? And now they need to No. They didn't do it

in error. There was no variances applied for. There was a permit applied for. The permit was approved. So there was no variances issued in air. If anything, the permit was issued in air because the permit they should have been told that variances would be needed for what they were looking to do. Variance. And I could understand if we were in the initial stages of this, but we've got a pool.

Okay. So now we have this pool in the front of our house. We do. And now you need the variance to finish up the last leg of the pool to get in the cold. Correct. Correct? Okay. And I see you also send us a copy of the pool alone. That's just the shows you have a long on the pool. Is that what that was for?

Yeah. I mean, they're taking every safety precaution that they can.

Okay. Okay. Alright. That's my question. Is is there a

I'm sorry.

I have another question. Is there a copy of the the drawing that was used to pull the permit?

Think I that think you the I think the drawings that I attached are stamped.

I think this one.

Yes. You can see that the drawings that like the map of the boundary survey where it shows the pool in the front, that is stamped and this was used as part of the permit application and you can see where it says reviewed up top along with, like, included a copy of the building permit. And these were all attachments to the permit. Yes. The renderings as far as what the pool would look like.

Included, but this is in color, so you can see it better than the black and white application.

Are they are the drawings consistent with the the final

Yes. The drawings are consistent with the final product. Okay.

Yes. So they

There's been no change in

No change in the decision?

No. There's been no change.

Alright. Okay. Mister Humber? Yes.

I have a question for mister Vogt. Okay. In the in our handout here, it says the permit for the swimming pool location was issued in error. What exactly does that mean?

Means that the reviewer for the zoning department made a mistake and didn't review it for being in front of the front building line along with the screen enclosure that's gonna be in the the separate permit.

The county person were saying. Correct?

The building permit reviewer for the zoning department.

So I'm a little confused. So they put the swimming pool in the right place and the wrong place. It was supposed to be in the back.

Now

the code requires a swimming pool to be five feet behind the front building line of the house. The front building line of the house is the line that's much forward of the house. So it has to be five feet behind it. The screen enclosure can be up to that, but can't be over it.

So I understand your question. Your question is, did somehow this change? It didn't change. My question is The reviewer was wrong.

How did nobody notice they're putting a swimming a giant swimming pool

right place.

Unfortunately, my clients are not real estate attorneys. That's job, and I got brought in after this. So my clients applied with they told their pool contractor what they wanted to do. The pool contractor applied for the permit. The it was always meant to be built in the front yard based on the renderings. Mhmm. And it wasn't until the pool was about 80% to 90% completed that construction was put on hold. And that's when it was noticed that variances were not applied for and a permit was approved in error.

Any other questions? No. Anybody else have any other questions, board members? I'm a just ask the audience. Is there anyone in the audience that like to oppose or in favor of this who like to speak? Seeing none, come on back up. Who like to make a motion?

I make a motion to approve the variance as requested depicted on the survey provided by the applicant with the revision date of 01/02/2026.

I'll second that. Okay. We have a motion to approve by miss Clemings, a second by doctor Bass.

I'm gonna clarify your talking about all three because there's actually three. I make a motion to approve all three variants request as depicted on the survey provided by the applicant with the revision date of 01/02/2026. I will second that. Okay.

I'm gonna read the six. The special conditions and circumstances exist which are not applicable to other land structures or builders in the applicable zoning classification, that the special conditions and circumstances do not result from the actions of the applicant, that granting the variance because it would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification, that literal enforcement of the provisions of this ir own property. Gonna And And the other that in harmony with the general intent and purpose of this chapter, and that such use variance would not be injurious to the area of all otherwise defiment to. We have a motion to approve and a second will go by the individualized board members. Mister Hoffman?

I oppose.

You oppose. Doctor Bass? I approve. You approve. Myself, I approve.

I still have some questions. But I oppose.

You oppose.

Yeah. Unless I can get some answers to it.

Do we stop now? Lawyer and Mhmm. Mister attorney.

You can withdraw the motion and Okay. Open it up

for to withdraw the motion so we can answer his questions Mhmm. So we can work on this variance today.

I withdraw. And and you can open it

up And now open up for discussion. Mister Humberg.

Mister Burdy, I just wanna make sure I understand. You said it has to be the pool would have to be even with the front of the house.

No. No. Who has to be five feet behind the front of the house?

Behind the the front of the the building. Yes. The actual building of the house. Right? Yes. Okay.

And is our understanding that with the variance that would take place and it would be okay. Correct?

Yes. They have three different variances to take care of this problem.

So right now Okay. We're on. This is priority. Always wasn't priority. This is the The pool never moved.

It's a new pool. Right?

That's a new pool. They proved it to the this he's saying that the distance from

the front of the home to the pool needs to be at least five feet.

So let's discuss this out loud because I wanna make sure we all clear. So the pool was built. It's new. It was in the front yard. It never moved. It's they just didn't have a variance for it. They had a permit for it, but not a variance. Correct. And now they have to come for three variance to get it approved so that now they can enjoy their pool in the front yard.

Well, they can complete the construction. We'll complete the construction. We're there. Right.

We're 80%?

We're 80 to the

case. And

And correct. But like I said, my client, if you look at the area of the neighborhood, there is nobody forward facing to that. It's an unbuildable area.

My question was is that the only pool in the neighborhood in the front yard.

To our knowledge there are about 12 others in the vicinity in that street.

Thank you.

Okay. Okay.

No more questions on the Okay.

Anybody else have any questions just so we all get an understanding of this? So thank you. Now we would like to make a motion. Who would like to make the motion, please? Miss Clemens? Begin.

I make a motion I make a three variants request as depicted on the survey provided by the applicant with the revision date of 01/02/2026.

Do we have a second? I second. Now we will do individualized votes. To ir And And Miss Clements? Approved. I approve. This own. Motion have just passed. Now do I have to read the six points again? Just to be safe, I will.

Yeah. Thank

you. The special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification, that the special conditions and circumstances do not result from the actions of the applicant, that granting the variance requested would not confer on the applicant any special privilege that is by the provisions of this chapter to other lands, buildings, or structures in identical zoning. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification, and that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. And last, that the granting of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to approve, a second, and we have two nays, but this variance has passed.

Thank you. Our next one, mister Bodhi, please.

Yes. Item h five, Johnson Family Trust request seven variances of chapter 62 article six Brevard County code for accessory structures and an AU zoning classification. Located tax account number 2413235 in District 2.

Good afternoon. Do you swear to tell the truth, whole truth, and know what the truth? I do. Can you state your name for the record, please?

Yes. It's Zara Shah, z a r a h.

Zara Shah. Thank you. How can we help you this afternoon?

So I'm here on behalf of the Johnson Family Trust that they own five acres in Merritt Island. It's also home to Johnson Johnson Tree Company operates a palm tree service and they plant and garden and do other things. I will. So the what we're looking for, it's a six variances. Along with this business, it requires equipment, trucks, trailers, and things like that to operate the tree service.

And as part of that, along the east side of the property, they've erected equipment covers, if you will, carports, things like that. They've been up there for a couple of decades. In fact, some were probably replacing other structures. I have a photo here if it would help Mhmm.

Demonstrate. You wanna put it in the to show us or no? No. That's okay. Oh, okay. That

sorry. So that is some of the variances requested along the east side of the property. On the south side of the property is the house garage slash workshop and an RV cover. I'll speak first about the house. The house was the original post office in Merritt Island. It was built in 1936. The house and the garage associated with it. It's unlikely that there was any setback restrictions and it certainly would have met any requirements. So the house has been there a long time, ninety years, and that's a couple of more of the variances. And the third one is the RV shelter that was probably put up about seven or eight years ago.

Unfortunately, when it was erected, it extends beyond the facade of the house, but not beyond the fascia board, if you will, at the soffit. So it's just really close to meeting the requirement of being at or behind the front of the house. And I also have a picture of that I would share with the board that shows the post shows the post from the RV cover and the facade of the house. And there are no complainants. They have a great relationship with the neighbors to the east, which is an empty 4.3 acre lot, and a great relationship with the neighbors to the north, which is 44 some acre.

Empty with the exception of a house on the river. So it's just a a an agricultural working tree farm, and they just like to keep their equipment dry out of the weather, and they've been there for a couple of decades. And so we would just ask that you guys look at and consider approving the variances.

Okay.

Can I see this is a make miss Clemings district? Would you

like to start with the question? Sure. Can you tell me what number on the boundary survey that you provided? What number this is?

I'm not sure which one was provided. I'm not sure which one is provided that was quite a

while ago. So Mister Brady of these

of these three structures on the east side of the property. It's all three of those. Okay. I'm good for right now. Well, actually, let me take that back. And then this one, I'm assuming is this pad in the front.

This one?

Okay. Really need

to speak into the microphone when addressing the

So the second picture he provided is number six on the survey boundary survey. And then the first picture he provided is numbers one, two, and three on the boundary survey.

And

one, two, and three were erected about five years ago, is that right?

Which ones if you The RV cover? No. That was number one. Just the just

the RV cover was maybe six, seven years ago. That's

It says five on the form.

Okay.

And then what about this? When was this?

Couple of decades.

Couple of decades? Yes, ma'am.

And in fact, I think believe some of those replaced original ones that were there Okay. Proceeding that.

I'm assuming no permits pulled on either of those?

I'm I'm I'm not sure.

Okay.

Did you know the answer to that?

The RV cover is is for variance number five and variance number seven.

Right. And then permits were pulled. Correct?

Pardon?

We don't have any active permits on file for those?

No. K.

I think that's my questions for Angel. Thank you.

Mister Humberg?

No questions.

Doctor Bass?

You said that this property is being used as a business?

Well, it's it's a combination home, and then they run Johnson Tree Service out of on that property. So it's 4.91 acres.

And it's residential?

No, ma'am. It's agricultural.

Okay. The property directly to the east, which is vacant, is that residential?

I can't speak to the classification or I just know that

the the property to the east is also zoned au agricultural residential, a vacant parcel to the east.

Thank you, Paul.

And there is a house to the west There is. Home.

That's a home. Yes.

And yet your property is being used as a business?

It's it's not my property. It's the Johnson Family Trust, but yes.

Okay. I don't have any more questions.

Yeah. I have a question. Property to the east, the the property to the east, the one that is vacant, there appears to be a tree line right there along the boundary. Mhmm. What is the drainage situation on that property to the east? Does your water go over onto that? Does that have its own drainage? I can't speak to that. I I

just don't know. And to be honest, I mean, I don't know that it's ever come up with the Johnson family. And I know they have a great rapport with the neighbor. In fact, we offered to come and speak to this if needed, but we told them we didn't need it. Well, my concern

is that the the house to the west looks like it it's right on the boundary. It is. And and if they tried to develop this property to the east, your sheds are going to be right on that boundary line if they decide to cut off as they did here a flag lot for a a residence or something. And I was just wondering if and you can't answer this, but I'll explain my my thoughts. Okay. Are there might be a drainage easement there that would save you from having them come too close

I see. To the fence on that side. Duly noted. That's smart. Alright. And you're talking about the East Property.

Right? The East Property is is there a reason for there to be a buffer there I got you. To any future buildings. I appreciate that. But you don't have the answer to that?

I don't have the answer

to Because we have a survey that shows that.

I probably will call Paul in the next couple of days and ask him.

Well, it's unless we know in the next five minutes.

Well, I understand. I didn't know it was crucial

to the decision. So I I it's it's a thought. It it eases the

I doubt if there's any drainage easements on either of these properties. They aren't really platted properties.

They're Yeah.

Pretty big sections of land that was subdivided sometime in the early twenties or thirties probably Alright. Of not this year. Okay. I mean, not this millenniums.

Alright. Thank you. Yes, sir.

So my only question would be maybe doctor Bass. So that house to the left so that means someone's living in that house right as a residential then you have the a you and you Nash in other side is a you as well. But you just asking us for seven things today. That's correct. And that's because this house was built in the nineteen thirties. So I get it. Okay. I have no questions. Miss Clemens?

Could do at this for Paul on. Number on the variance request of number four. What is that structure? What is the number four structure?

I would have to look at the map. I could answer it but.

It's the very front of the home.

I think that's the detached garage that's right in line with about the front of the house.

Okay.

Yeah. It's front. Yes.

Thought all this property and you just stuck it right

in there. That's a lot of property. Yeah. It's a

long time ago.

Get it. Wonder what they were thinking in 1936. And I'm

the next question is this is the only access to the property on this far east side. Is that correct? Or is there because I see fencing.

So there's the entrance that you see adjacent to the house on the east of the house, and then they also have an entrance on the west side.

That to be

There's a fence along North Tropical Trail. Actually, there's two penetrations through the fence onto the property Okay. To make it easier to bring in and take out trees. I

don't really have any other questions. Doctor. Bass, you

have a question.

I have another one. So variances one, two, and three are the ones that are basically adjacent to or on the property line, which is to the east.

So so none of the property none of the variances none of them are on the property line. They all are off the property line. They

exist Correct.

Six or seven feet onto an easement, a 15 feet easement, I think. None of

them are on the property line. Doctor Bass. This is one, two, and three. Mhmm.

I'm just asking where it is in relation to this to the empty land. One, two, three. Yes. Empty land on the east.

Excuse me. Just a point of clarification. Yes, sir. Well, you said 15 foot easement, but you meant setback. Correct? Okay. Yes. Yeah. Easement's a lot different than

a Right.

And that would have affected the other Understand. This is

not my business, so I'm gonna misspeak. I apologize.

Any other questions? Okay. Let me see if there's anyone in the audience that like to oppose or speak in favor of this. Can you come forward? Seeing none, you can come back. Miss Clements, how would you like to vote? Yeah.

Don't think anybody's up set. I make a motion to approve all seven variances as requested depicted on the survey provided by the applicant with the revision date of 12/16/2025.

All second.

We have a motion to approve on miss Clemens, a second by mister Hummer. Now I'll read the six points. I should have them out. Sorry. The special conditions and circumstances exist which are not applicable to other lands, structures, or builders in the applicable zoning classifications, that the special conditions and circumstances do not result from the actions of this applicant, that granting the variance request would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands.

That literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter, and that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure, And at the gray of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance would not be injurious to the area involved. We have a motion to approve, a second. We gonna do individualized vote. Mister Hoffman?

I vote to approve.

Doctor Bass? No. I approve. Mister Humberg? I approve. Okay. Your variance have passed.

Thank you

very much. You. All of you.

Our next variance, please, mister Bodhi.

Yes. Item h six, Sean Matthew has Hallows Bar request two variances, chapter 62 article six Brevard County code for the lot width and lot size in a GU zoning classification located at tax account number 2402180 in District 1.

Is the applicant here? Sean Matthew? I'm glad they're not here. Calling one last time for Sean Matthew Hezboll. Okay. Can we go on to the next variance, please?

They were supposed to be represented by Ernie Hardy. Is he here?

Is Ernie Hardy here? Seeing none coming to the podium.

Would you all like to table it to the next meeting?

Yeah. Do we need to table this?

Could table it we could table it to next.

I make a motion that we table this application until the next meeting which is going to be the date of April meeting.

I'll second that.

Tax day.

All in favor?

Our next order of business, please. Application

eight seven, Kurt and Corinia Fallbacher. Request variance chapter 62 articles six Brevard County code for a pool screen enclosure and a PUD zoning classification located at tax account number 2627742 in District 4.

Okay. Good afternoon. Good afternoon. This way to tell the truth, whole truth, and nothing but the truth.

I do.

Can you state your first and last name for the record, please?

Timothy Sapp.

How can we help you today?

I'm here today on behalf of Kurt and Karina fallbacker. We are requesting a variance to allow a modest expansion of existing pool of screen enclosure that is partially located within the required building setback. The property contains legal established improvements including residents and a swimming pool, portions of which are already within the setback. These existing conditions significantly limit the remaining buildable area on the lot. The request represents the minimum relief necessary to allow the reasonable use of the existing pool area.

Thank you. Okay.

Let's see. This is in your district at the best. Would you like to start with the questioning?

Yes. It looks from the picture that I have here that the pool is on the east side of the house, and that is on the waterway. Correct. Okay. So you're not impeding anybody else's home or anybody else's view or any access to the waterway with this. We are not. No. It looks pretty straightforward then in my mind. No more questions. Thank you. Okay. Mister Hoffman.

I know

miss clemings.

I can't quite tell are there is a fencing throughout the entire property? No. There's no fencing at

all. Okay.

No more questions.

Is it gonna be a fence around the pool?

Other It's a screen. Okay.

Alright. Mister Hamburg?

No. Well, hang on. No. No question.

Okay. Well, I'll see if it's anyone in the audience because that's a decide. Is there anyone here speaking to oppose or in favor of this variance? Can you come up now? Seeing none come back. Doctor Bass?

Yes. Yes. I make a motion to approve the variance depicted in the revision of 01/15/2026.

Do we have a second?

I second.

Okay. We have doctor Bass to approve a second by miss Clemings. I'll read the six steps. The special conditions and circumstances exist which are not applicable to other land, structures, builders, and applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant.

That granting the variance request would not the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter. And that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure, and that the granting of the variance will be in harmony with the general intent and purpose of this chapter, and as such use variance would not be injurious to the area involved. We have a motion to approve by doctor Bass, a second by miss Clements, individual as vote. Mister Hoffman.

I approve.

I approve. I approve.

I approve.

Approve. Your variance have passed. Thank you

very much.

Have a good day.

You're welcome. Our next variance, please.

Item h eight, T

and

M United Corporation request variance chapter 62 article nine, Brevard County code for a freestanding sign in a b u dash one zoning classification located at tax account number 2413742 in District 1.

Good afternoon. I'll just go to the mic. You swear to tell the truth, whole truth enough much of

I do.

Can you state your first and last name for the record please.

Carmine for our own crossover commercial group being here representing the applicant team and United Corporation.

Okay. And how can we help you to set the doe.

Yes. I am here today on behalf of T and M United to ask you to give consideration to the approval of a variance for a height restriction that is in the B1 zoning category of 20 feet for an existing sign that we have on the property. The reason we are standing here asking for this today is part of the process of refurbishing this existing gas station that's been on the corner of US Highway 1 in High Point Drive for over twenty five years is now finally ready to get a full renovation. They're going to tear down the existing gas station. They're going to build a new gas station with a restaurant.

And they are addressing parking issues air dressing all kinds of things as part of the normal site plan process. However, is key to this business has been for twenty five years I'm going go into a little more detail is that this sign is primarily necessary for this business is an existing highway sign which has been as again servicing the committee for twenty five years. We have been told we cannot get the site plan to the next stage of review and approval unless we receive a variance for this time because it's nonconforming due to the reason of wanting to demolish the existing gas station. I'm going to go ahead and present just a small presentation we have a picture up there for you is that on your screens or do you need a copy of it okay. So as I said the science of an existing for over twenty five years servicing the community as a highly visible direction every sign to this primary refueling station As stated, it services the traffic transit traffic on US Highway 1 as well as the.

Transitory traffic between Orlando and Brevard County that comes along the east and west. Sides of the 528 Beeline Expressway. I would point out it is the only primary refueling point. From Orlando Airport to Brevard County. So people that are driving along State Route 528 are benefited by the visibility of this sign to determine I need to get off of 528 and get gas so I don't run into a situation.

The sign does not create any safety concerns blocking or hindering any kind of visibility to critical installations. No airspace is violated nor any airport zones. The sign does not impact any residential area fronting US Highway 1 in High Point Drive. This is a commercial area. To the South, we have a hotel. To the East, we have offices all the way to the high point of High Point Drive. We have vacant commercial land to the North and to the East we have US Highway 1 and then more. Transitionally the Florida East Coast Railway. Additionally if any of you are familiar with this area. You know that High Point is one of the higher points.

I got in trouble many years ago for saying it was the highest point, but it's one of the higher points in Brevard County. We sit at the bottom of that on Us 1 it goes to a peak and then it transitions down to the Indian River where all the residences are located. So there's no direct impact to any residences whatsoever. There are no adverse comments from the staff report this provided to you. And finally, I'd like to point out that we have a precedent to ask for you to consider in our request for approval.

Your board recently approved a similar request for a company under the name of Park and Cruise back on 11/19/2025 where we share similarity with this the request was proved that had a highway sign visible to 528. Where we are less impactful to you in terms of supporting our request is that they received 60 feet over the height of their 20 feet and we are only asking for 40 feet. Whereas they required a variance for excuse me increased in the size of the sign our existing sign which is 12 by 12 will remain the same therefore it stays underneath the requirement of 150 square feet. We would just ask that you give these considerations as you consider this request and we would ask for your approval today thank you.

Thank you. Well that's District 1 that's my area but we get I'm gonna start off the question with miss the Hoffman.

May I say something really quick? Yes. Is he authorized to see that? Because I didn't hear his name didn't match.

Yes. He got authorized a couple of days ago or so. Last week, I think it was.

Okay. Mister Hoffman?

So there was some controversy over that previous approval. We were admonished after the fact by the Merritt Island community, whatever. Are you within any of those overlays of of other authorities?

I do not believe we are.

No. Okay. I don't want another repeat of that. That's all I have. Okay.

Doctor Bass?

I have no questions.

I'm just gonna say I do remember this very well, and I definitely approve the other one. And and let me just say this, I'm a New Yorker. Right? And I believe in these signs because when you come into an area and you don't know the area, you need to see signs. You can't see late at night, it's dark out here. You know, you need to look up and see a sign. So I definitely

Yeah. It's gonna be much prettier too if you see it. It needs a facelift.

Yeah. Yeah. Miss Humper? No questions no questions. The confirmation

the height currently is at 62 feet. And the variance request is for 40 feet over.

The current height is at 60 feet. And the very suppressively 40 feet over 60. It says 42 feel 42 ounces are looking at the actual rendering so says 42 that is correct as they measured it.

So it is currently at 62

feet yes. Yes.

The questions any other questions anyone. They just have the size anyone here they would like to poll or speak in favor or against this variance in the audience seeing none come back please. Okay. Who likes to make a motion? Sir Hoffman?

Yeah. I'm gonna have to get my glasses out to get surveys and stuff. I make a motion that we approve this height variance for the sign in this application in accordance with the survey dated. I may still need help even with my glasses.

Six five Is it six five twenty twenty five.

Oh, there it is. Okay. Six five twenty twenty five.

Do we have a second. I'll second it. Thank you doctor best so we have a motion approved by Mister Hoffman a second by doctor best not read the six hardships. The special conditions and circumstances exist which are not applicable to other land structures of builders and the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant. They grid variance request would not prefer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification.

The literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classifications. And we have that the variance granted us the minimum variance that will make possible the reasonable use of the land, building, or structure. And that the granting of the variance will be in harmony with the general intent and purpose of this chapter, and as such use variance would not be interest to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by mister Hoffman, a second by doctor Bass, individualized vote. Mister Hoffman?

I approve.

Doctor Bass?

I

approve. I approve. Oppose. Oppose. Okay. Well, this variance have passed. Thank you very much.