Planning and Zoning Board & Local Planning Agency - Regular Meeting

Wednesday, April 15, 2026

The Brevard County Planning and Zoning Board & Local Planning Agency approved several variance requests, including one for an accessory structure, two for lot depth, one for a boat dock, and one for a screen porch. A variance request for fence height and an accessory structure was partially approved, with the pergola portion denied.

About this meeting

Government Body
Planning and Zoning Board & Local Planning Agency
Meeting Type
Planning And Zoning Board & Local Planning Agency
Location
Brevard County, FL
Meeting Date
April 15, 2026

Transcript

467 sections (from 540 segments)

0:00 – 0:26Speaker 1

Request for variances to the zoning regulation and sign 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 may within thirty days after the date the order is signed, apply to a court of competent jurisdiction for appropriate relief. Ms. Chairman, you have eight items on your agenda today.

0:26 – 0:43Speaker 2

Thank you. That was Mr. Bode from the plating development office describing the function and operation of the board of zoning adjustments to our applicants in the audience. Thank you. Now, will we have miss Clemens please explain to the applicants in the audience The

0:45Speaker 3

is is is law.

0:56 – 1:41Speaker 3

and undue hardship. The term undue hardship has a 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 a variance hardship worksheet with six questions. The Board of Adjustments will discuss these questions today with each applicant who has requested a variance.

1:41 – 2:05Speaker 2

Thank you Ms. Clemons. I will now address our Board members, the applicants in our audience regarding the Board procedures for today's hearings. The Board of Zoning Adjustments is a quasi board with members appointed by the Brevard County Board of Commissioners will utilize Robert rules of order to conduct this proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations.

2:05 – 2:34Speaker 2

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 question, 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.

2:35 – 3:18Speaker 2

At 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 would not use a timer for this meeting. Instead, we're asking each speaker to be concise in what they have to say. It's important that you stay on the subject and avoid information that's not relevant. All persons speaking must provide a name and address for the public record. Those wishing not to verbally state the address may ask the clerk at the podium for address card. Please fill it out and return to the clerk. Are there any questions regarding these procedures from the board members

3:43 – 3:58Speaker 5

meeting minutes of the meeting of March. What's the date? Okay. I move that we approve the meeting minutes of the meeting of 03/18/2026.

3:59Speaker 6

I'll second that.

4:03 – 4:26Speaker 2

Okay. So we have a motion to approve the meeting minutes. The first and the second. Thank you. Those meetings have been approved. Applicants for variance. Actually, go ahead and take a vote. Take a vote to approve those many minutes.

4:26Speaker 5

After the motion,

4:28 – 4:47Speaker 2

After the motion, can we have a All in favor? All in favor? Aye. The meeting minutes have been approved. Thank you. Application for variance. Reading that application. The first one, mister Bode, please.

4:49 – 5:13Speaker 1

Yes. Item h one, Matthew Sean Matthew Hasbro. Request two variance to chapter six two article six Brevard County code for the lot width and the lot size in a GE zoning classification applications 26 V 00005 located in District 1. This item was tabled from the 03/18/2026 BOA meeting.

5:16 – 5:30Speaker 2

Okay. Is the applicant here? Shawn Matthew, who's all? Seeing that they're not here, will we be tabling this again? Or

5:31Speaker 1

No. I don't think you can table it again.

5:33Speaker 2

Okay. We cannot table it again. Is it dismissed?

5:37 – 5:50Speaker 7

Well, no action. Yeah. Yeah. You can deny it. They haven't shown up. It's up to you. It's up to the board. You can take action.

5:51 – 6:03Speaker 2

One last call for the subject on h one, Sean Matthew Hassall. You can take action based on what you have, what you've been given. Anybody like to choose the motion?

6:04Speaker 5

I make a motion that we deny and

6:06 – 6:28Speaker 1

I would like to make a recommendation besides denial. This property might need to come in again for a variance, maybe somebody else will be able to have to apply for it to get the property legitimized. And if you deny it, then he won't be able to come in because you cannot apply for the same exact variance. So you might wanna just dismiss it. I don't know. It's up to y'all.

6:28Speaker 5

Is the word dismiss then? Dismiss? As opposed to denial, we use the word dismiss.

6:35Speaker 1

Deny means you're gonna deny what what is the proposal for.

6:39Speaker 2

Okay. A safe delay.

6:41Speaker 7

It's it's up to the board. You guys can what you know, if those you have those options.

6:45Speaker 2

Well, let's have a discussion. Dismiss it.

6:49Speaker 6

Then they have another opportunity.

6:50Speaker 5

We wanna use language that allows them to to reapply. Right.

6:55Speaker 1

Yeah. He would have to reapply. What

6:57Speaker 2

did you say, miss Glemens?

6:59Speaker 6

So do we use Dismiss.

7:02Speaker 5

Alright. I move that we dismiss this application presuming that they will reapply at a future time. Second?

7:12Speaker 2

I'll second. Okay. We have a dismissed by mister Hoffman, and we have a second by doctor Bass. All in favor of this dismissal?

7:22Speaker 2

Aye. H one have been dismissed. Mister Bodhi, number two.

7:27 – 7:48Speaker 1

Yes. Item h two, Jesse Richard and Myra Parker Bowling request variance of chapter 62 article six Brevard County code for an accessory structure in RRMH dash one zoning classification located at tax account number 2004974 in District 1.

7:50 – 8:03Speaker 2

Can the applicant come to the podium? Good afternoon. Good afternoon. Ask where you in, please? Yes, ma'am. Please state your name and address for the record.

8:03Speaker 8

Myra Parker Bowling. My address is 4890 Patty Lane, Mims, Florida 32754.

8:11Speaker 2

Okay. Do you swear to tell the truth?

8:14Speaker 8

Yes, ma'am.

8:16Speaker 2

How can we help you this afternoon?

8:18 – 9:03Speaker 8

So my husband and I purchased this property back in November and we knew there was a code violation and the explanation that was provided for the adjacent realtor was not clear. And we were told that we simply just needed to reply apply to have it zoned agriculture, which I came up here and started working with Desiree Jackson Jackson and realized that that was not the case, but it was variance issue because the building structure that they put on the property exceeds the square footage that's allowable under any of the zonings that we had. If we move to agriculture, the setback wasn't far enough. So we are hoping to clear up the code enforcement and get this variance approved.

9:06 – 9:26Speaker 2

Okay. Well, I see you in District 1. That's my district. You were here before. Correct? No, ma'am. I haven't This

9:26Speaker 1

is your first time.

9:27Speaker 8

I've never been here before.

9:28Speaker 8

This is all brand new to me. Okay.

9:37Speaker 2

I wasn't able to drive by the mobile home or anything on your property, unfortunately. However, I do know the area.

9:48 – 10:13Speaker 8

Yes, ma'am. You can't see any of these buildings or property. You can't any of it from the road. I mean, you really have to go beyond and then there's nothing where this actual structure is at. All of that is wetland area behind there, so that's another reason why it's situated where it's situated at. It couldn't be placed anywhere else when they originally built it, but there's no homes back there. There's no there's

10:13Speaker 2

nothing back there. So Right.

10:15Speaker 8

The bike trails back there.

10:16Speaker 2

And accessory is like is like a garage area?

10:19Speaker 8

Yes, ma'am. It's a two bay garage.

10:21Speaker 2

And are you using that for?

10:24Speaker 8

My husband just stores his boats and lawn mowers and The boats? All his things out of sight.

10:30Speaker 2

Okay. I'll open the Alright. I'll open the floor for discussions. Mister Hoffman?

10:38 – 10:51Speaker 5

Yeah. Good morning or well, afternoon. A little slow today. I read in here something about a rear variance for the setback in the rear?

10:51 – 11:22Speaker 8

Correct. So if we were to do an agricultural rezone, then this rear setback would not be far enough. So it's I guess it's the the the difference in all the different zonings. I don't really have any desire to rezone my actual property. I just wanna clear the code. And after discussing it with miss Jackson, this was the best avenue to take was to do the variance and that cleared the square footage issue with the RRMH zoning that it's already currently at.

11:23Speaker 5

Can can you give me some numbers as far as what the setback requirement is versus what the actual at this point is?

11:30 – 11:56Speaker 8

I believe it well, currently if we go with the variance and keep it at the RRMH, the setback is fine. But with agricultural, it requires a 50 foot setback which we do not have. Are you It's a 25 foot setback with the RRMH and it's currently twenty twenty feet. There's a 20 foot setback, so there's an additional five feet in the current zoning that it's in now.

11:57Speaker 5

So you're in violation by five feet or you have a buffer in

12:01 – 12:26Speaker 8

the five my current zoning for the square footage of that building. So the requirement is that you can't have an accessory building that's more than 50% of your actual residential home, and so this shop is larger than 50% of my home. My home is like 2,400 square foot and the shop I think is 15 or 12, so it's just a little bit over that 50% mark.

12:27 – 12:39Speaker 5

So you're asking us to approve a larger accessory building within your existing zoning rather than Yes. Rezoning and having the setback problem?

12:39Speaker 8

Correct. Because then I would have to rezone and then do the variance, which doesn't make a lot of sense.

12:43Speaker 5

So Okay. So you're asking us basically for an additional square footage on the accessory structure?

12:50Speaker 5

Okay. Thank you.

12:52 – 13:10Speaker 1

Bill, the setback is 15 feet off the rear property line for accessory structures. She asked it for a 164 square feet over what the 50%, and this is for the legitimize a 350 square feet accessory building is what it is. Alright.

13:11Speaker 5

So with the existing zoning, she still has a setback problem?

13:16Speaker 9

No. No. Okay. No.

13:17Speaker 1

This one requires only a 15 foot setback. So it doesn't need that.

13:24Speaker 5

Okay. Thank you. Well

13:29Speaker 6

and you also you made a comment that this is wetlands that are around you.

13:33Speaker 8

I believe so. Yes, ma'am. They everything is wooded. There's nothing

13:37Speaker 3

back there. So we're

13:38Speaker 6

not expecting to have a big developer come in and build a bunch of houses and

13:42Speaker 8

that's why I moved there.

13:44 – 13:58Speaker 6

Okay. Okay. It looks pretty overgrown. So and if it is partial or partially wetland, then it's going to be preserved that way and there's not going to be anybody in there. Okay.

13:58 – 14:29Speaker 2

Mhmm. Okay. Miss Clemons? Okay. Okay. Just step aside. Let me check with the audience, please. Yes, Is anyone in the audience for or against this variance? Would you like to come up now? Seeing none, you can come back. We like to do a motion approve or disapprove. Mister Hoffman?

14:29 – 14:48Speaker 5

I'll make a motion that we approve the variance as for the increased structure square footage as depicted on the survey dated? 02/06. 02/06/2026? I think it's

14:48Speaker 7

actually 02/05. 02/05.

14:51Speaker 5

Two you. Thanks. Just a typo. Oh, okay.

15:00Speaker 2

Do we have a second?

15:02 – 15:21Speaker 2

We have a motion to approve by mister Hoffman and a second by miss Clemings. Board discussion? Any discussion? I don't miss him. Okay. Miss Clemons? Doctor Bass? No. I'm I'm fine. Okay.

15:21 – 16:12Speaker 2

I'm gonna do the reading of the six hardships. The special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That other one, the classification. And that literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed for other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on applicant. And that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure.

16:12 – 16:33Speaker 2

And that the grading of variance will be in harmony with the general intent and purpose of this chapter and that such variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to approve of mister Hoffman. We have a second by miss Clemens. We would take a call for a vote right now. Mister Hoffman?

16:34Speaker 2

Doctor Bass? Yes. Miss Clemens? Yes. I vote yes. Your variants have passed. Thank you.

16:41Speaker 8

Thank you all so much.

16:42Speaker 2

You're welcome. And we have our next variants, please, mister Bodie.

16:48 – 17:12Speaker 1

Yes. Item h three, Salvator Nannino junior request variance chapter 62 article six Brevard County code for the lot depth and an IU zoning classification application twenty six b zero zero zero one two, located at tax account number 2512075 in District 4.

17:12Speaker 2

Okay. Will the applicant move to the podium, please? Good afternoon.

17:20Speaker 10

Good afternoon.

17:21Speaker 2

Can you state your name and address in the rec force for the record, please? And the microphone.

17:26Speaker 10

Sal Menino, 300 Paint Street, Rockledge, Florida. 32955.

17:31Speaker 2

Okay. Do you swear to tell the truth, the whole truth?

17:35Speaker 2

Thank you. How can we help you this afternoon?

17:37Speaker 10

I'm applying for a variance.

17:38Speaker 2

I can't hear you. Can you

17:39Speaker 7

talk about I'm

17:39 – 18:14Speaker 10

applying for a variance on the 300 Street. There's two buildings on that property. There's two electrical, two sewer, two water supplies. It's two addresses, but it's all on one lot. And the setback is supposed to be 200 feet deep and I'm a 100 and seventy six. So there's a few feet short of the depth, but I wanna split the property in half. I I have a gentleman in the back back there who's wanting to buy that other building. So we'll have two buildings with two different companies.

18:14Speaker 2

I'm sorry. You say you have a gentleman in the back that wants to buy the building, is that what you're saying? Okay. Yes. Alright. Okay. So you're coming to us today to access for what?

18:23Speaker 10

For variance.

18:24Speaker 2

For variance. Okay. I see this is in District 4. Doctor Bass, would you like to start with the questioning, please?

18:32Speaker 6

Well, I know where the prime I know where the property is. At the end of Holiday Springs Road is where the Big Rock Pile is, right?

18:41Speaker 10

Yes. Okay. Well, it's on it's right there on Paint Street in the corner.

18:45Speaker 6

Okay. And this

18:47 – 19:05Speaker 10

Holiday Springs Road a dirt road right like a auto scrap yard.

19:05Speaker 6

Yeah. And and I think in front of you is some another business that's

19:11Speaker 10

It's a storage, mostly storage all around there now.

19:15Speaker 6

So you're divide dividing your property then so that another person can build a house?

19:22Speaker 10

No. No. He's gonna there's two metal buildings and he's gonna have an office and and a workshop. Okay. And I have an office and workshop on my side.

19:31 – 19:57Speaker 6

Okay. That that makes sense And for that particular area, I come out that way often. I live in Suntree. So I'm Yeah. I see it all the time at the stoplight. So that certainly isn't going to disturb anybody in the area. Obviously, it's all businesses anyway and even across the street. So I don't have any further questions. I just wanted clarification.

19:58Speaker 2

Okay. Mister Hoffman?

20:02Speaker 5

I'm looking ahead. You have two applications in here today. Correct? One for one lot and one for the other.

20:10Speaker 5

Are they currently one lot or are so they you're subdividing it. Correct. And you need the variance for To split it

20:17Speaker 10

in half. I have I have the survey done with the split. Mhmm. Just need a variance approval.

20:23 – 20:37Speaker 5

Okay. If well, wait. You can ask. Yeah. If if we didn't approve this variance, you're you're pretty much stuck because the building behind you is closer than

20:37 – 20:53Speaker 10

the 200 feet from the front property line. The building behind us is a empty scrap yard. But it belongs to someone else. Right. It it belongs to someone else. I can't buy that. They they wanted like 7 and a half million dollars for it.

20:53Speaker 5

Well, no. We so basically, we're legitimizing an existing condition. Yes, sir.

21:01Speaker 1

Okay. It's not really an existing condition. It's a proposed condition of splitting the properties

21:07Speaker 10

Right now, it's whole

21:08Speaker 1

property into two parcels.

21:10Speaker 5

Would if it remained as one parcel, would it still not meet the depth?

21:15 – 21:43Speaker 1

No. It meets the size requirement right now. What it is is that it's on a corner lot. So whenever you're using Corbin Street as the front, it has enough lot depth. Whenever you subdividing it though, it's gonna need extra depth because it needs 200 feet, so he's lacking it by 23 and a half feet on each of these parcels. It's he's reconfiguring it to be two lots, two parcels.

21:43Speaker 5

Right now, it's I see. So you're using Corbin Street as the front street rather than

21:48Speaker 1

Right now, that's the plan. Yeah. Okay. It meets the zoning. Alright. I use requirements, size requirements using Corbin as the front.

21:57Speaker 5

Very good. That that's all I need. Thank you.

22:00Speaker 7

Alright. Mhmm.

22:01Speaker 2

Miss Clemens? This whole purpose is to just

22:05Speaker 3

sell the second parcel.

22:06Speaker 5

Correct? Yes, ma'am. Okay.

22:11Speaker 2

I have no other questions. I have none either. Some step aside, let me just see if there's anyone here.

22:20 – 22:45Speaker 2

me. I'm just gonna check with the audience right now. Is it anyone here that would like to speak for this or against this variance you can come forward now. I see someone coming. Can you state your name and address for the record, please?

22:45 – 23:06Speaker 12

Yes. Hello. I am my name is James Faria, and my address is 2632 Adestas Drive, Melbourne. I am in four of this. I'm the potential buyer, and I I work for Blue Origin.

23:06Speaker 2

Speak a little louder now, Mike, please.

23:08 – 23:36Speaker 12

I work for Blue Origin, and I I also have cars. And I as you know, the homeowners associations around here don't want you working on cars. So that's what this building would be for me and my family and I. And then I also plan on having disabled vets come over and and work on their cars too from time to time. I would appreciate the acceptance of this.

23:37 – 23:54Speaker 2

Okay. Thank you. Okay. You can step back over. Now have any board questions? Mister Hoffman, miss doctor Bass, miss Clemons? Questions? Questions? Okay. Doctor Bass?

23:54Speaker 6

I make a motion to approve the variances depicted in the survey with the revision date 02/1926?

24:04Speaker 3

I see 01/28/2026.

24:06Speaker 2

Yeah. I did so.

24:10Speaker 6

Did I get the wrong date?

24:11 – 24:26Speaker 2

I see 01/28. Is there a different date? I see 01/2826 as well. Okay. 01/28. '26. '26. Yes. Thank you, miss Clemens as well. Thank you. You're welcome. Do we have a second?

24:27Speaker 3

I second. Okay.

24:28 – 25:41Speaker 2

We have a motion to pass this various I'm sure structures, or I'm builders of the applicant's only classification, sure if that the special conditions and circumstances do not result from the actions of the applicant, that granting the variance request would not confer when 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 for other properties in identical zoning classification under provisions of this chapter that 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 grain of the 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 or otherwise detrimental to the public welfare. We have a motion by doctor Bass, a second. Now we do an individualized vote.

25:41Speaker 2

Mister Hoffman?

25:43Speaker 5

I vote to approve.

25:44Speaker 2

Doctor Bass. Approve. Approve. And I approve. Your variants have passed. Thank you.

25:49Speaker 10

Thank you so much. Don't

25:51Speaker 3

I'm gonna stay.

25:52Speaker 2

Don't leave. Oh, stay right there. You're next again. Okay. Sorry. See you on side. Mister Boddy.

25:58 – 26:21Speaker 1

have this? Yes. Item. Here. H four. So many of Junior, request variance chapter 62 article six of our county code for the lot debt and IU zoning classification application 26B00013. Okay. Tax account number 2512075 in District 4.

26:21 – 26:36Speaker 2

And just for clarification for the record, we just sworn him in, but shall we swore swear him in again? And it's not necessary. Okay. Alright. Mister Salvador, what would you like to say about this variance that you coming up to us again? Well, appreciate.

26:36Speaker 7

Thank you. Thanks for the other one. You're welcome. So that

26:41Speaker 10

no, it's the same thing as the other one.

26:43Speaker 2

Okay. Alright. District 4 Doctor Bass.

26:47 – 26:59Speaker 6

Yes. We can see that you have split this property. You you have a person that is in favor of it as well as yourself. There are no further questions from me on this.

26:59Speaker 10

Alright. Thank you.

27:00Speaker 2

Mister Hoffman?

27:02Speaker 5

No questions. Miss Clemens?

27:04 – 27:21Speaker 2

No questions. And I see there's no questions. Is there anyone in the audience? We already know we have one for anybody against. Seeing none. We would then do board questions. Any board questions? No. Okay. Anybody like to make a motion?

27:21 – 27:33Speaker 6

I make a motion to approve the variance as depicted on the survey with the revision date 01/28/2026. We have a motion to

27:33Speaker 2

approve by doctor Bass. Do we have a second? I second. We have a second by miss Clemens. I'll read the six hardship ship questions.

27:41 – 28:36Speaker 2

The special conditions and circumstances exist which are not applicable to other land structures or buildings and applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. They're grading the variance request will not confirm 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 the 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. 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 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.

28:36Speaker 2

We have a motion by doctor Bass to approve a second by mister Clemens. We will now do a final vote.

28:45Speaker 5

I vote I vote to approve.

28:47Speaker 2

Approve. Approve. Approve. Your marriages have approved. Thank you.

28:53Speaker 2

You. Mister Bodhi, our next case, please.

28:58 – 29:22Speaker 1

Yes. Item h five, Vincent d and Mary e Pinto request three variances of chapter 62, article six, Brevard County code for a vote dock in an r u dash one dash 11. Zoning classification, application 26V00014 located at tax account 2606670 in District 4.

29:24Speaker 2

Is the applicant here? Good afternoon. Good afternoon. Can I can you state your first name, last name, and your address, please, for the record?

29:34Speaker 4

Vincent Pinto. 427 Sandpiper Drive, Satellite Beach 32937.

29:42Speaker 2

Do you swear to tell the truth, the whole truth, and nothing but the

29:45Speaker 4

truth? Absolutely.

29:46Speaker 2

Thank you. How can we help you this afternoon?

29:48 – 30:22Speaker 4

Well, I don't know if you got this letter or not, but I'll read it or state it. Back in '62, I put in a not '62, late sixties, about '69. I put I called Brevard County to ask for a permit for building a dock, and they said I didn't need a permit at the time. And but they said I had to be at least 20% of the canal, which is canal is a 100 foot. Most I can go out is 20 feet, which I'm about 19 feet out.

30:23 – 31:10Speaker 4

So anyway, I built a dock, and I got proof it was done at least in '72, And I still didn't even need a permit because in '72, I extended I made it wider, a little bit wider. But my purpose is now I I had a problem with the dock. The storm we had over the summer raised the water and my center stringer fell, caught to my dock to go in like this, the main the main dock, the deck. And I've been trying to get a permit since October, and I've been I've been unsuccessful. So I finally was sent I don't know if it was mister Bodhi or someone sent me a variance to fill out, and I filled them out.

31:10 – 31:35Speaker 4

And I went to see mister Bodhi, and he helped me with it. And I don't know if you have this or not, but one of the main reasons is if they took the piling out or pylon from the seawall because they put the seawall in after I had my Dock. Dock in place. Mhmm. I had replaced the seawall before that.

31:35 – 32:20Speaker 4

And this the the pylon is in between the seawalls. And if you took that piling out, there would be a big gap in the in the seawall itself and dirt would pour out there. And dirt naturally has fertilizer and weed killer and all kind of contaminants and it would pollute the canal. Also, it would hinder me and my neighbor because we would have to continue filling it up with dirt. And that's the main hardship is that It would be better if I did this.

32:20 – 32:32Speaker 4

Okay. I got the last paragraph. I'll read it. All that is needed is to repair the existing dock. The this variance would not not be injurious.

32:32Speaker 5

Wait. I'm sorry. Just move

32:33Speaker 4

the microphone right by your lips. Oh, I'm sorry. That's okay. Yeah.

32:37 – 33:02Speaker 4

It's better, ain't it? It would be it would not be injurious to the area involved or detrimental to the public welfare, but improve it. And I have a copy from each neighbor. They signed it saying that it wouldn't bother them. Would you like to see it?

33:06Speaker 5

We'll we'll have to talk.

33:08Speaker 2

We we will keep them. And we will not return them to you. Okay? Yeah. Mhmm.

33:11Speaker 4

Thank you. And also I got pictures of

33:14Speaker 1

And make sure that we get the copies of that after we review them.

33:20 – 33:43Speaker 4

got pictures of the of the pylon where it's resting up against the seawall. Actually, it's even holding it in place beside would you like to see those? I mean, it it you know, it's what you know, it is blocking the dirt from going out of the canal I mean, out of my land.

33:43Speaker 2

Okay. Just understanding that if you we received them, then we will keep them in tournament. Is that okay with you?

33:48Speaker 4

I don't care. Don't care.

33:50Speaker 2

Well, that's fine with us. Thank you.

33:52Speaker 4

And I tried to write on it and explain it because it's so hard to see and understand.

33:57Speaker 2

get this. Stop. You can pass with it. Thank you. And

34:06 – 34:47Speaker 4

I do have pictures if you wanna see them, where my doc was at least in '72 because it shows my children on there, my child. Yeah. My children, and it shows you the whole length of the seawall that it goes from property line well, not about seven inches from the property line on each side. And it shows my two children, which were five and six years old at the time and now they're one's 59 and one's 58. So it shows you that the docks been in place for over fifty years. Do you like to see those pictures? I think you have them. I think we have them them in our package. Yes. Thank you. You don't have two of them. But we are. Would you want to see those? No.

34:47Speaker 2

No. No. It's okay. I think we'll do you guys want to see them? No. We're good. Thank you, sir. Thank you. I don't We definitely have those.

34:54Speaker 4

Do you need anything else?

34:55 – 35:23Speaker 2

No. I think you presented it. Yeah. We have. Thank you. That's all I've got. Okay. Well, that was good. So now I'm gonna just ask you to step to the side. I'm gonna ask audience anyone here for against this variance can you come now to the podium. Seeing none you can come back sir. Any board questions regarding And then

35:34Speaker 6

rebuilding the that. Dock.

35:35Speaker 6

Alright. You're not extending do it out. No, ma'am. Alright. On either way, either side or out into the water, so you're not gonna

35:42Speaker 4

disturb water. The one the one big part that they collect. So that's what it's actually.

35:47Speaker 6

You're trying to repair it, but you can't repair it because

35:52Speaker 4

gave him a down payment to do it, and he couldn't get the permit. Alright. So, yes, that's all I wanna do is repair the dock. Okay. We'll have him repair it.

36:01Speaker 6

I don't have any other questions.

36:04Speaker 2

Mister Hoffman?

36:05 – 36:24Speaker 5

Only I commend you on answering my question before I asked it. And that is, how do your neighbors feel about this? And you've prevented written evidence that says Mhmm. They're fine with it. Thank you. Especially the side side setbacks. It always becomes a problem when people try and maneuver boats. Oh. So no.

36:24Speaker 4

No. I'm just a little nervous. I'm not

36:26Speaker 5

No. No. You're good. You're good. Appreciate you thinking ahead on that. Thank you.

36:33Speaker 4

Well, mister Bodhi suggested it.

36:37 – 36:55Speaker 2

Okay. Miss Clemons? No questions. No questions. And miss doctor Bass summed it up. You're just repairing it. You're not rebuilding it. You're not trying to do any other changes over fifty years. So I have no other questions either. Would you like to make a motion, doctor Bass? Yes.

36:55Speaker 6

I make a motion to approve the variances depicted in the survey with revision date of 11/1425.

37:05Speaker 2

And I just wanna make one correction. It's three variants, so we wanna say variants. Three. Right. I never came to

37:11Speaker 6

this right. Three variances.

37:16Speaker 6

We wanna get you approved. Thank you. Three.

37:18Speaker 2

Okay. Do we have a second?

37:22 – 38:03Speaker 2

Okay. We have a motion to approve all three variance by doctor Bass. We have a second by miss Clemings. And I will read the six hardship questions. 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 granted the variance request 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 the identical zoning classification. And thing

38:12 – 38:46Speaker 2

we're do do us to unnecessary and undue hardship that. On 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 granting of 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 on the floor by doctor Bass to approve a second by miss Clemings. We would now have a call for a vote. Mister Hoffman?

38:46Speaker 5

I vote to approve.

38:48Speaker 2

Doctor Bass? Approved. Miss Clemings? Approved. Sonia Millard approved. Your variants have approved. Thank you. Thank you. You're welcome.

38:57Speaker 2

all. Mr. Bodie, we have our next one please.

39:03 – 39:25Speaker 1

Yes, item H6, Cynthia L. Robuck and Steven Reardon Request variance in chapter 62, article six, Brevard County code for a screened porch and r u dash one dash 11 zoning classification. Applications twenty six b zero zero zero one five. Located at tax account number 2606581 in District 4.

39:25 – 39:37Speaker 2

Okay. Is the applicant here? Come on down to the podium, please. Can you state your name and address for the record, please? You could adjust the mic for yourself. Yeah.

39:37Speaker 13

Cynthia, 305 Ivis Lane, Satellite Beach.

39:42Speaker 2

Okay. Do you swear to tell the truth, whole truth, nothing but the truth?

39:46Speaker 2

How can we help you this afternoon?

39:47 – 40:09Speaker 13

I'm trying to rebuild a structure that's been there since 1982. Mhmm. It's got a hard roof over the patio in hurricane shutters to come down because we sit at the end of the canal, and we've had water sprouts come down the end of the canal. Mhmm. So in August 2024, we had a very hard rain.

40:09 – 40:42Speaker 13

No hurricane or nothing, but we had like five and a half inches of rain in fifteen minutes and it collapsed the structure, the roof structure. So I'm trying to repair this. In 2020 in 2004, it was damaged and it was rebuilt in 2005, and they weren't issuing permits because of the hurricanes of two thousand and four. Mhmm. So now I'm trying to I I'm in permitting now, and it was turned down because I'm too close to the next door neighbor's Mhmm. Eight foot concrete wall.

40:45Speaker 2

Okay. Well, I see this is in District

40:50Speaker 6

District 44? Yes. At the back. We like District 4.

40:55Speaker 13

Neighbors with the guy that was just here.

41:00 – 41:32Speaker 6

you are not extending anything that this structure. No. You're just trying to have it rebuilt. That's what I saw. So the only thing I could look at was you do have a neighbor very close to the south, and I was wondering, and we just wanted to confirm that you're not going to be extending out further into No, ma'am. Closer to his property. It was right really right on the property line. So you just wanna repair what you already have. Correct? Yes. And it was approved in 1980 or what you know, whenever.

41:32 – 41:46Speaker 13

It it I believe in 1982, you didn't need a permit for that. No. But then in 2025 or 2005, they weren't giving permits. So Yes. Now we're having to up the code.

41:46Speaker 6

Yes. I don't have any other questions. This is a common issue.

41:53Speaker 2

Okay. Mister Hoffman?

41:56 – 42:15Speaker 5

Yeah. So you've mentioned concrete wall and I'm just asking, can't tell from the pictures or aerials or anything. It's seven and a half feet from their property line, but what is on their property line at that point? Is it grass? You mentioned a wall.

42:16 – 42:37Speaker 13

Be honest with you, when my family moved in there in 1967, the guy next door in the South Side was a colonel and we were not. So he put this wall up to distinguish the fact that he didn't want four children and a dog in his yard. So he's got a house, and he's got a pool, and grass, and Mhmm. The dock.

42:37Speaker 5

So along that property line is is this eight foot concrete wall?

42:44Speaker 13

Oh, it goes from the dock all the way up to almost the front of the house almost to the front of

42:48Speaker 14

the property.

42:49Speaker 5

So by decreasing the setback, all you're doing is getting closer to a barrier wall that it has no no visual.

42:59Speaker 13

It has no visual at all. He can't see our structure from his property.

43:03Speaker 5

Okay. That that's fine. Thank you.

43:05 – 43:16Speaker 2

Mhmm. Miss Klebens? No questions. Okay. Doctor Bass? Motion?

43:17Speaker 5

Any audience?

43:18Speaker 13

Anything from

43:19Speaker 2

the Oh, I'm sorry. Is there anyone in the audience that would speak to this or against this? Seeing none, come back. Thank you.

43:29 – 43:40Speaker 6

I make a motion to approve this variance as depicted on the survey with revision date of 05/12 o '8.

43:41Speaker 5

Second. I'll second.

43:45 – 43:58Speaker 2

We have a motion to approve by doctor Bass we have a second by mister Hoffman. Board discussion. Any. No. Okay.

43:58 – 44:38Speaker 2

I'll read the six hardships. The special conditions and circumstances exist which are not applicable to other land structures of buildings and the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. They granted the variance request would not confirm applicant any special privilege that is not by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. And that little enforcement of the 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 will constitute unnecessary and undue hardship on the applicant.

44:38 – 45:07Speaker 2

And at the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. And at the granting of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance will not be in the rest of the area involved, otherwise detrimental to the public of with welfare. We have a motion to approve by doctor Bass, a second by mister Hoffman.

45:09Speaker 5

I vote to approve.

45:11 – 45:23Speaker 2

Doctor Bass? Approve. Miss Clemens? Approve. And I approve. Thank you. Your variants have approved. Thank you. Mr. Bodeg, we have our next applicant, please.

45:25 – 45:46Speaker 1

Yes. Item seven. Brian Nicholson requests forbearance in chapter six two article six Brevard County code for the fence height and accessory structure in r u dash one dash eleven zoning classification application 26B00016. Okay. Tax account number 2417950 in District 2.

45:50 – 46:02Speaker 2

Can you come down to the podium, please? Are you Ryan Nicholson? Yes, ma'am. Oh, good. Can you state your name and address for the record, please? Yes, ma'am. My name

46:02Speaker 9

is Brian Nicholson. May I get an address card, please?

46:05Speaker 2

Yes. Thank you. Oh, he needs a address card, he said.

46:09Speaker 5

Afterwards, we can supply it.

46:13Speaker 2

Oh, we're gonna we'll do it now or supply afterwards.

46:16Speaker 1

What was that?

46:17Speaker 2

He said he would like a dress code.

46:20Speaker 1

A dress code for

46:21Speaker 2

He didn't want to He didn't want to verbally say his address, he said.

46:26 – 46:38Speaker 2

Okay. Okay. So we just continue and and he'll do that later? Okay. Okay. Do you swear to tell the truth, the whole truth, or nothing but the truth? Yes, ma'am. I do. Okay. How can we help you this afternoon?

46:38 – 47:23Speaker 9

Okay. Can you hear me okay? I can. Alright. So well, first of all, thank you members of the board for hearing my my variance request today. So I I there's four variances that I'm actually requesting. I'll start with the the one that kinda led to the rest of them, which is a fence height variance. So little background history. I moved into my current home on Merritt Island, and it was it was it was 2021 is when I purchased it. I moved in in early twenty twenty two. One of the first adjustments that are repairs that I made to the home was to the fence. So there was a existing fence. I believe it had been in place for at least decades, probably ten to twenty years. One side of it was rotted, the other side was just so I wanted everything to match and to to go fluid with the property. So I did have someone come out and give me an estimate to repair the fence and make adjustments to it.

47:24 – 48:02Speaker 9

With that said, when that's the first time that I noticed that from my pool patio and even inside my home, I have a big bay window that looks over the pool. I could see in my neighbor's home. So over an existing six foot fence, we could see each other. So at night, especially if their lights were on, I could see into their house. The neighbor to my left was the same way. I could see into their home, and they have a big bay window just like mine. So we were able to, like, actually make eye contact above the fence. Mhmm. So when I I showed this to the contractor that I that I had repaired the fence, and he said not to worry, that once he was finished, he'll take care of everything. So ask at the time, do we need a a permit?

48:02 – 48:18Speaker 9

I'm not from here originally. I'm from South Carolina rural area. We don't really you just build anything. But he he told me at the time that we did not need a permit because it was an existing structure that he was gonna be doing work too. So that that's what I want in good faith to to what he had told me at the time.

48:19 – 48:52Speaker 9

But come to find out, and as I did research on this recently, my house actually does sit in a hole relative to the properties around it. So we're about seven to 12 inches lower in the in the house itself, which kind of so so adjacent houses can look down and I can look up into their homes. So that that's the reason for the fence variance that I'm requesting. Again, it's an existing structure. It is part of a code enforcement pilot or violation, violation, and the the code enforcement officer informed me that although the fence had been in place for up to twenty years, no one had ever pulled a permit on.

48:52 – 49:32Speaker 9

So it's never had a permit. So I'm trying to actually get the first permit for for a fence that's been there for quite some time. So that's the first variance. The other two arose out of the same code enforcement, which was a survey to my property. I have two two structures on the property. One is on an outbuilding, and the outbuilding is apparently too close to to the fence line, the seven and a half feet is is supposed to be what the the what is it called the the Setback. Setback. Alright. So the setback of seven and a half feet, I believe one side, it's less than six inches. On the back corner, it's a couple of feet, and that's that's the variance that I'm requesting for the for that building structure.

49:33Speaker 9

And that one was also set in the footprint of another building that was there. So if you were to look on the county website, there's a the appraiser's sketch

49:42 – 50:21Speaker 9

Kinda shows a building there. Well, I was able to confirm that because there were there were actually brick footers in the ground in the same place that I've that I erected this building. So it didn't it's it's in the same footprint that it's been for years and years, and I request a variance for for that building. It's not in the line of anyone's sight. It's not encroaching on on on property to any meaningful extent. And the way that my lot is situated, it's a very small lot. The whole lot is less than a quarter of an acre. So that's around 10,000 square feet. The backlight is around is around 4,000 square feet. If you were to remove the pool enclosure from the area, it it it leaves even less.

50:21 – 50:50Speaker 9

So if you removed the reason I say all that is if you removed the setback of seven and a half feet around the property, I only really effectively have about 50 to 60% of the property left to work with. So it's just being a small space. The setback is really is really limiting. So that's that's what the shed on the right side. On the left side, there is a pergola as well, and and that side is even more strict because the lot shape, if you would the lot gets closer to my home as it moves towards the street.

50:50 – 51:31Speaker 9

So it narrows as it goes forward. So the the relative to the setback, it it represents seven and a half feet of 19 feet, which is the distance I have between my screen house and the fence. So again, relatively a large percentage of the usable area for structure or purpose of structure would be would be taken up by the or I'm sorry, by the setback. So we're requesting a setback adjustment there as well. I think that one is approximately two feet as well. And so such two edges of the building. Defense height and the pergola on on one side.

51:33Speaker 2

Okay thank you. I see this is in District 2 Miss Clemens.

51:37Speaker 3

So the only structure that was added by you was a pergola.

51:42Speaker 9

I added the pergola. I did add the outbuilding as well, but it it all be in the same footprint. Okay.

51:51Speaker 3

And then are you required to have flood insurance with that.

51:55Speaker 9

Not that I'm aware of I don't have it. So.

52:01Speaker 3

I think that's all the questions I have right now.

52:05Speaker 2

My only question would be and the reason why you need this extra fence height is because the privacy and safety.

52:12 – 52:40Speaker 9

Correct? Yes, ma'am. And I'm sorry I didn't neglect to say that and it is in there. Thank you for for bringing that back up. But it is first of all, I've had I've had disturbances behind me where people actually shouted, and I don't know I don't know who exactly. I can't see them. Thank goodness. But they've also I've I've had some some some someone struck my fence and things of that nature. So it is for safety as well as privacy that did because of. The way we're situated in the on the lot.

52:40Speaker 2

Okay. That the best. The defense is.

52:46Speaker 6

So the fence is going in the same location. It's just going to be taller.

52:53Speaker 9

Yes, ma'am. The fence has already exist. I'm trying to pull a permit for it.

52:56 – 53:12Speaker 6

Yes. Okay. So you have a couple of items here that didn't weren't permitted originally, and that's the issue is that you're trying to make an adjustment in your fence height and they can't do it because you don't it's not zone properly.

53:13Speaker 9

Correct. I have to have in order to settle the the fit to get a to get a permit for my fence, I have to have the height variance to they will give me a permit. Okay.

53:23Speaker 6

I don't have any other questions.

53:25Speaker 2

Miss Hoffman?

53:26Speaker 5

Yeah. You mentioned that your property is a bit lower Yes, sir. Than your neighbors. Mhmm. When it rains, where does the water go?

53:36 – 54:01Speaker 9

Largely, it runs to it runs to my to my side of the property. On the right side, I just had side installed, so it may it may help a little because the was a little thicker. But facing my home on the right side, it flows down my walkway. Their their house has a gutter, it comes down my walkway. From the backside or the the left side, it also chases into my yard and down my front driveway. The fence actually kinda

54:02Speaker 5

So so when it rains, the water generally drains to the the street side of the property?

54:08Speaker 9

It drains to the street side in the front after draining to my side from the sides.

54:13Speaker 5

To you. The neighbor's property is draining onto you? It does. It drain by the

54:18Speaker 9

time it gets to the street, it does. Okay.

54:20 – 55:03Speaker 5

The reason the one of the reasons that I asked that is I'm looking at the survey and I'm looking at your request for the setbacks. And in general, your setbacks are still allow at least a five foot distance between your property and and what the setback your your your proposed adjusted setback line would be, but they also have this five foot drainage and utility easement going around your property. So I'm okay because I don't see where any of your structures are impinging on that drainage and utility easement. Yes, sir. So you will have positive drain.

55:03 – 55:26Speaker 5

You still should have positive drainage Mhmm. Off of your property Yes. Based on where your buildings are and purportedly where the drainage he's been supposed to send it. Just want to make that point that these aren't excessive requests for adjustment to the setback. Yes, sir.

55:27 – 55:39Speaker 3

I have a follow-up question. Where is the code enforcement from? Is it from a neighbor, or is it just a random call because of the fencing? It's from a neighbor. From a neighbor?

55:39Speaker 9

The the neighbor behind me. Okay. Yes, ma'am.

55:46 – 55:59Speaker 2

Okay. Let me just check to see if there's anyone here that would like to speak in favor to this variance or against it. Seeing none come back. Do we have a motion?

55:59Speaker 3

Wanna do discussion?

56:00Speaker 2

Discussion. Sorry. Board discussion. Right. Any discussion?

56:03Speaker 5

No. We can No. We're voting. Have a a a motion before.

56:06Speaker 4

Well, I have

56:07Speaker 2

Oh, wait. She wanted to have a discussion.

56:09Speaker 5

Well, yeah, but after the motion, unless you're asking questions. No.

56:13Speaker 2

Well, it's after the motion. Is it?

56:16Speaker 5

What's the agenda saying? Yeah. You can you can go ahead

56:20Speaker 7

and have a motion and then discuss it. Okay.

56:25Speaker 3

What if the discussion is about the motion?

56:28Speaker 5

it. The discussion will back up

56:31Speaker 7

Okay. You can amend your motion if the discussion leads to something.

56:37 – 56:48Speaker 3

I make a motion to approve variances one through three and deny variance four based on the survey as depicted with the revision date of 11/14/2025.

56:50Speaker 2

So we have a motion on the floor by miss Cummings to approve variance one two and three and to deny variance four. Do we have a second?

57:08Speaker 5

For the purposes of discussion, yes, I'll second.

57:11Speaker 2

Okay. Discussion. No. I mean,

57:17Speaker 3

I'm just, you know, we're trying

57:18Speaker 13

to be a little bit

57:19 – 57:34Speaker 3

more strict about the structures and the moving forward with items without permits to begin with. So I feel like that fourth variance falls in line with that. Right, team?

57:36Speaker 6

So Are you asking someone?

57:38 – 58:00Speaker 3

No, I'm stating. Oh. I'm stating. So that's my my thought on that. I'm I'm fine with the variance for the fence. I understand the shed placement and the variances required for that. I think the pergolas an additional request.

58:04Speaker 2

You guys can talk me out of it. So I'm trying to understand why you're saying no. So you're saying no because of the purple?

58:13Speaker 3

Because it's correct. The the variance request is for the pergola for two feet. Correct. But it was constructed

58:20Speaker 3

Without permit. Without the

58:21Speaker 2

permit. Okay.

58:22Speaker 3

So that's the whole point of

58:23Speaker 6

the board of adjustment. Was the permit required at that time?

58:27Speaker 3

Is the permit required for pergola? Yes.

58:30Speaker 6

I don't know now. I mean, when If it's on concrete,

58:33Speaker 1

it's required.

58:34Speaker 4

If it's over a

58:34Speaker 1

100 square feet, it's required.

58:38 – 58:51Speaker 9

May I may I say something, please? Sure. So it is my understanding of the permit was not required it's a 77 square foot footprint so I called the then ask them about it and they told me I did not require. For the purpose.

58:51Speaker 3

So is it 77 square feet.

58:54Speaker 9

It is. It's a it's a seven foot roughly seven foot by 11 footprint. I don't think I don't I don't know if the survey shows it.

59:02Speaker 3

So how did that pop on the variance if it's that small? Just because of its encroachment.

59:09Speaker 1

Need to meet the setback requirements no matter whether he needed a permit or not. Just like

59:15Speaker 2

I said, if it's a if it's a Understand.

59:18Speaker 1

A 100 square feet or less and not on concrete, they would not need a permit, but it still need to meet the zoning setbacks.

59:24Speaker 3

Is it something that you can easily move outside of the setbacks?

59:27Speaker 9

I wouldn't say easily. It's 1,200, 1,500 pounds maybe. Solid solid wood.

59:35Speaker 3

Is it permanent?

59:37Speaker 9

Well, I wouldn't it's not permanent. You could take it you could take it down and take it apart. In other words, it's not on a permanent foundation or, you know

59:51Speaker 3

So it's possible it could move in that two feet. It would just be easiest if you had the variance for the two feet.

59:57 – 1:00:16Speaker 9

Yes, ma'am. It would be possible to do the two feet, once again, the the lot narrowing like it does, I have 19 feet between my screen house and. And the and the fence so seven and a half feet is is I don't know the math on it but literally. It takes up a good portion of the space between the two.

1:00:19Speaker 3

Okay. That's my discussion. Go for it, guys. Tell me what your thoughts are.

1:00:26Speaker 2

Mister Hoffman? Is it

1:00:27 – 1:00:40Speaker 5

an existing pergola or is it a proposed? Is it does it set over top of your pool? No. Is that what we're talking about? I these aren't labeled on the survey, so I don't know which one is which.

1:00:40Speaker 3

It's on the north on the

1:00:41Speaker 14

South side? Both. It's the metal shed eight by 12. The way the survey is situated, it's on North side.

1:00:47Speaker 1

It's on the north side. The shed is on the south.

1:00:51Speaker 5

It's north side labeled c p. C p. Okay. Yes. Covered. And then and it's concrete or what what's around it because it shows some sort

1:01:00Speaker 9

of hatching? The the around it, mean, on the ground Yeah. Is pavers. Pavers. Mhmm. Okay.

1:01:15 – 1:01:35Speaker 5

I I don't have a firm argument against what you're what you're proposing because it's not easily moved, but it it's able to be moved. I guess easily is is kind of an it's hard to yeah. So I'll kinda go with your argument.

1:01:38Speaker 2

Doctor Bass? No. Okay.

1:01:45Speaker 6

I do not go with the argument. I'm in favor of it.

1:01:51 – 1:02:12Speaker 2

Okay. Okay so we have a motion on the floor. By miss Clemens to approve. The variance one two three to deny variance for. We have a second. Is that still standing Mister Hoffman? To

1:02:12Speaker 5

yes all all. Retained the the second.

1:02:15 – 1:02:33Speaker 2

Okay. So we have a second by mister Hoffman to approve variance one, two, and three, and to deny variance four. We did the board discussion. Any more discussion? Board.

1:02:34 – 1:03:01Speaker 2

Okay. We're to the reading of the six hardships. The special conditions and circumstances exist which are not applicable to other land structures of buildings and apple zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. However in this case you're saying it.

1:03:01 – 1:03:31Speaker 2

That does. Variance number four correct okay. I want to be clear. Number three that grain of variance request would not confirm the applicant any special privilege. That is denied by divisions of this chapter to other lands, builders, or structures in identical zoning classification, and that literal enforcement of 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 will constitute unnecessary and undue hardship on the applicant.

1:03:32 – 1:04:04Speaker 2

And that the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure. And that the grand variance will be in harmony with the general intent and purpose of this chapter that such use variance would not be interest to the area involved or otherwise detrimental to the public welfare. We have a motion to approve your variance, one two three to approve, one to deny. We're gonna do an individualized vote for this so it could be clearly stated for the record. Mister Hoffman?

1:04:04Speaker 5

Yeah. I I vote to approve one, three, and deny number four.

1:04:11Speaker 6

Bass. I do not approve. I want to approve all four that's So

1:04:20Speaker 7

in other words, she's voting no on the motion. Yes.

1:04:22Speaker 6

Voting no on this

1:04:23Speaker 2

no on this motion. Okay. Miss Clemings.

1:04:29Speaker 3

I stand with my one two three and deny four.

1:04:33 – 1:04:59Speaker 2

Okay. And I vote for a motion to approve one two three and deny four. With that being said, this call for a vote, we just did. And that means the variance did pass for variance one, two, and three and not for variance four. Am I correct? Correct. Correct. That's it for the variance. Alright. Thank you.

1:04:59Speaker 5

Thank you, guys. Thank you.

1:05:04 – 1:05:32Speaker 2

I'm sorry? Oh, the card. Yes. Well, he's doing that. Mister Vogtle, you'd to call the next one? Is that okay?

1:05:33 – 1:05:55Speaker 1

Item h eight, Michael j and Carolyn j O'Malley. Request variance chapter 62 article six Brevard County code for an accessory structure in SR zoning classification. Application is 26V00018. Tax account number is 24131642.

1:05:56Speaker 2

Okay. Can you state your name and address for the record, please?

1:05:59Speaker 11

Michael O'Malley, nineteen twenty Crawford Avenue, Merritt Island, Florida three two nine five three.

1:06:04Speaker 2

Do you swear to tell the truth, the whole truth, and sure

1:06:09 – 1:06:47Speaker 11

you're do I'm to a pad there that I parked my little truck on for years. I'm And I just recently retired and I thought, well, this would be fun to make a little project out of building a one car garage where that slab used to be. And I didn't boy, I didn't realize it was gonna be what it turned out to be anyway. So it turned out the slab was a little bit too small and it it was not suitable. So I had to get a new slab put in.

1:06:47 – 1:07:19Speaker 11

That was kinda started this thing. So when we got the permits and I had to do this plot plan thing and that what I used an old survey that I had, they said that was good enough at the time, but I had to write in dimensions like from where the was going to be to the property line and and where it was going to be to the house. And at the time, nobody said anything about a pool enclosure. I didn't think a pool enclosure even mattered. It wasn't as as far as I was concerned, it was just immaterial.

1:07:19 – 1:07:40Speaker 11

I all I need all they told me is it had to be far from the house. So I put those dimensions on there and it was approved and then I had the guy come and pour the concrete. He didn't say anything about it when he was putting the forms in about, hey, you know, by the way, this may be too close to the pool enclosure. He didn't say anything about it. So I thought, okay, cool.

1:07:40 – 1:08:10Speaker 11

I'm good to go. So I started building the garage and then I found out and I guess I should have known, but I found out I needed a foundation survey That there was another problem trying to find somebody that, you know, even wanted to survey that little problem, you know, problem there. Most people know they didn't wanna bother with it. So I finally got found a guy and it took like about three months to actually get the survey done. And since I thought, you know, this is just a formality and no problem, I keep building the garage.

1:08:10 – 1:08:37Speaker 11

So I got the thing is pretty much all done. All it needs is shingles and the siding, everything else is done. So I get the survey back and I looked at it and I thought, okay, whatever I submitted it and all of sudden comes back as, oh, well you know you gotta be five feet from the pool enclosure. It's like, oh, well, that's news to me. And it turns out I think I'm like 3.9 feet away, so it's like a 1.1 foot.

1:08:37 – 1:09:14Speaker 11

I have a picture, think, I don't know if you got saw the picture in there. Little triangle is what it is where it impinges a little bit on where the pool enclosure is. And so that's, you know, pretty much where where we are at this point. You know, to look at the property, it's kind of a pie shaped property, which made it, you know, at the time, I didn't realize, you know, barely got a a 20 by 16 foot garage in there. And I thought I had plenty of room, but since the the kind of narrows as it as it goes back toward the back of the property, that's kind of why we're getting into this problem.

1:09:17 – 1:10:00Speaker 11

You know, to see it from the road, it's, you know, I'm pretty the house is kind of far back from where the road is and you know, you wouldn't even be able to tell. I mean to look at it, you can't tell that one foot from because the road is like it's got to be 50 feet away at least or more. I'm not sure exactly how far, it's pretty far back. And there's like a tree in the way. So I mean it's not going to make any difference really to the neighborhood. In fact, they probably would wish I get this thing built and finished because it's been sitting there this way for months trying to get the variance and, know, it takes a while. And I I didn't even know I had to get a variance for quite a while. So oh, I get it. I guess I got it written here. It's a 150 feet from the street.

1:10:00 – 1:10:28Speaker 11

Wow. Okay. And since it's like the garages, I get the my neighbor on the one side then the garage and then the pool enclosure, he can't even see that from his house. So it's not gonna affect anything that you know the neighbor might see. And the problem is right now I looked into China, well, maybe I'll just try to move the pool enclosure over a little bit, then I come to find out, well, I would need a permit to do that.

1:10:28 – 1:11:07Speaker 11

I would need engineering to do that. And, you know, and since you're trying to come in and do like a little corner in the pool enclosure, that might not even work. So it would just be really, really difficult to try to either modify that or or put a whole new pool enclosure and it'd be really expensive. So it's just I'm really kind of stuck right now for like 1.1 feet. And I don't know. I I feel like, you know, if I had known about this ahead of time, I could have maybe just made the garage a little smaller. But, you know, I didn't, you know, I didn't really know this requirement even existed.

1:11:09Speaker 11

Just chalk it up to not ever trying to do anything like this before.

1:11:12Speaker 2

Alright. Well, thank you so much. I see this is a district too, miss Clemmons. Wait. It is. Yes. Miss Clemmons. So

1:11:20Speaker 3

my question is you didn't initiate any type of permitting in the start of this project.

1:11:27Speaker 11

Yeah. I know. It's all permitted. I got a permit. It was just they won't get they won't do the final inspection until I get this variance.

1:11:38Speaker 3

Yeah. But the concrete shouldn't have gone in without the full permit. Correct?

1:11:41Speaker 11

The kid had a permit.

1:11:43 – 1:11:56Speaker 1

No. He has the permit for everything. It came down to whenever he needed to put in this foundation survey to make sure meet setbacks and separation distance that this came up. Okay. He has a permit there for it.

1:11:56Speaker 11

Okay. Yeah. And that's like I was saying, the plot plan was signed off, so I thought I was good to go. Understand. Okay.

1:12:04Speaker 2

No further questions. Mister Hoffman? Yeah.

1:12:11 – 1:12:38Speaker 5

I'm looking at the survey and there's a fence across the back of the garage, at least survey says so. And there's a fence on the other side, I guess, the south side of the property from the property line up to the house. What's the access to the screen pool enclosure? Are there any exterior doors or anything?

1:12:38 – 1:12:51Speaker 11

Yes. There's a there's a door. Well, you can get it to obviously from the house and then it's like a covered in porch and you and you can just go right out to there's a screen door going out to the driveway there.

1:12:52 – 1:13:08Speaker 5

Okay. I'm I'm looking at this in in relation to, you know, god forbid, there's an emergency back there where emergency personnel need to take a gurney or something like that.

1:13:08Speaker 11

Yeah. There's no problem with that. It's there's plenty of room to get in there. So I think if I or actually had a ambulance in there before because my wife

1:13:15 – 1:13:34Speaker 5

I'm not talking about the ambulance. I'm talking about the gurney. Yeah. They they get in five foot requirement. Oh, to get To maneuver a gurney like that back in there and and do their thing. That's the reason for the five feet. Oh, what this You're going down to less than four feet. Though you would That's never rather tight.

1:13:34Speaker 11

You would never do a gurney at that point. It's just that southeast corner where the garage

1:13:40Speaker 5

Where would you access the I don't know. God forbid something goes wrong. But like, could I show you How do you access it with Do have

1:13:47Speaker 11

the survey there? I could show you.

1:13:48Speaker 5

I do. Okay. Do you have a copy?

1:13:53Speaker 5

So north of the pool is where they're showing the 3.9 feet. Okay. Looks like this.

1:14:01Speaker 11

Access is right.

1:14:03Speaker 1

You're you're gonna need to speak into the microphone because we have to pick it up for recording.

1:14:10 – 1:14:27Speaker 11

Okay. If you look at the survey, you see where that it says CCP? Yes. And then you see there's another little there's like AC and then CP? Yes. The CP is that's where the the screen door is and you see it's like way far away from the garage.

1:14:28Speaker 11

That's where you would get into the house.

1:14:29Speaker 5

And how do you get from the CCP into the pool area? You say there's a door between two?

1:14:36Speaker 11

It goes from the CP to the CCP. There's a screen door right there.

1:14:42Speaker 5

Yes. And then from the CCP to the to the pool area.

1:14:48 – 1:15:00Speaker 11

Then from the the word see where it says 9.2, that's the door that goes into the house. And then they were the CCP and the screened in pool enclosure, and that's just all open there. It's open. Yeah. Totally.

1:15:00Speaker 5

There's barrier between No. CCP and the There's

1:15:04 – 1:15:16Speaker 11

no different barrier between CCP and the screen pool enclosure. Okay. Thank you. So, yeah. And I've I've had unfortunately, I've had ambulances in there before. My wife said a lot of problems.

1:15:19Speaker 2

Okay. Doctor. Bass?

1:15:24Speaker 6

I don't have any questions.

1:15:26 – 1:15:56Speaker 2

Okay. Yeah. I don't need the miss Clemens. Good. You wanna make a I can make a motion. You don't have any Any more board questions? Let me check. I see nobody in the audience to refute. It's just good to put it on the record that you For the record, anyone would like to speak nay or yay? Seeing none. Do we have a motion?

1:15:56Speaker 3

I make a motion to approve the variance as depicted on the survey with the revision date of 11/11/2025.

1:16:05 – 1:16:21Speaker 2

We have a motion to approve by miss Clemens of 11/1125. Do we have a second? Go ahead. Ahead.

1:16:22Speaker 5

Chair, you can second the motion.

1:16:24 – 1:16:45Speaker 2

Oh, okay. I'll second them. Motion to approve. Now read the six. Hardship questions.

1:16:45 – 1:17:46Speaker 2

The special conditions and circumstances exist which are not applicable to other land structures or buildings and apples zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. They're granting the variance request would not confirm an applicant any special privileges and not 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 will constitute unnecessary 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 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 by miss Clemings of 11/1125, second by miss Villaud.

1:17:46Speaker 2

We're going to do an individualized vote for this. Miss the Hoffman.

1:17:53 – 1:18:05Speaker 2

You want me to start at the end? Okay. Make a motion to approve. Can you repeat that into the mic? I make a motion to approve.

1:18:06Speaker 7

But you you already had

1:18:08Speaker 3

I approve. Approves.

1:18:10Speaker 7

Are you voting now or are you making another motion?

1:18:13 – 1:18:38Speaker 2

No. I think we're voting. No. We were voting now. Okay. He wanted to start at this end versus me starting She said I'm making a motion. Approve. Okay. Approve. Approve. Okay. Disapprove. Okay. So we have three approved by miss Clemings, miss Millard, and doctor Bass, and one disapproval by mister Hoffman. Your various have approved. Thank

1:18:38Speaker 11

you. Thank you.

1:18:45Speaker 2

Seeing there's no more applications, this meeting is now adjourned.

1:18:54Speaker 5

The opinions expressed by

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.