Planning and Zoning Board & Local Planning Agency - Regular Meeting

Side of The United States Of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

I now call this meeting of the board county board of zoning adjustment for Wednesday, 05/20/2026 to order. Mister Bodie, from the planning development office, please describe the function and operation of the board of zoning adjustment to applicants in the audience, please?

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 Brevard County code. The board of adjustment is empowered to hear a request for variances to the zoning regulation and the sign regulation in chapter 62, article six, and article nine. Pursuant to Florida rules of appellate procedure, any person or persons jointly or severally 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. Miss chairman, you have seven items on your agenda today.

Thank you. Miss Clemens, please explain to the applicants and audience the statutory definition of a hardship.

An undue hardship, a variance may be granted when it will not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this chapter will result will result in unnecessary 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 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 land over 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 the variance.

Thank you. I will now address our board members, the applicants and our audience regarding the board procedures for today's hearing. The board of zoning adjustment as a quasi judicial board with members appointed by the Brevard County Board of Commissioners will utilize Robert's rule of order to conduct this proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicant 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 term. 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 use a timer for this meeting instead, we're asking each speaker to be concise in what you have to say. It's important that you stay on a subject and avoid information that is not relevant. All persons speaking must provide a name and address for the public record.

Those wishing not to verbally state their address may ask the clerk at the podium for a dress code. Please fill it out and return it to the clock. Are there any questions regarding these procedures from the board members? Are there any questions regarding the procedures from the applicants? Seeing none from the audience, move to our next order of business.

We'll go to the meeting minutes. Any changes to the meeting minutes? Nope. Seeing Motion to approve the meeting minutes.

I make a motion to approve the meeting minutes as presented.

Thank you. I'll second that. Thank you. A motion has been made to approve and a second. Okay. Mister Bodie, can we have our first applicant, please?

Yes. Application h one, Donald and Lisa Jasinski request two variances chapter 62 article six Brevard County code for an accessory structure in an r r dash one zoning classification. Applications 26V00021 is located in District 4.

Thank you. How are you

doing yourself good.

Please raise your right hand do you swear the firm that the evidence you're about to give this board of adjustment is the truth.

Yes

okay can I have your and last name, please? Donald Jasenski. Into the microphone, please. I'm sorry.

Donald Jasenski. My address is 2739 Harlock Road, Melbourne, Florida.

Great. How can we help you today?

Well, board members, I wanna thank you for your time I'm here for a variance because I wanna build a workshop on my property. This is important to me because I'm a private pilot. But when I started my family and my business thirty years ago, I didn't have the combination of time and money to fly. I am retired now, and on my thirty year dream of starting to fly again, I need the works out because what I could afford to buy as an aircraft is what's called an ultralight. That's a small plane.

You assemble it in your own building, you store it there, you maintain it there. My garage is not large enough to do that, that's why you need the building. When you want to fly your ultralight, you take it out of your building, put it on a trailer, take it to a grass strip, and then you fly it and then return it. This is affordable to me. So I need to build a workshop 24 by 26 feet and it would be in the footprint of a building that was there and partially raised. And I don't know if you have this picture? Mhmm. We do. If you have that. So if you see where the cinder blocks are, it's actually gonna go right in that footprint.

That's very important to my wife and I because we wanna have zero environmental impact. If we put it there, trees, bushes, flowers, nothing has to be removed. So I need the variance because this is three feet from our property line. In addition to that, technically I think it's in the front of the building. So we have one neighbor on the property line and I did tell them about it and asked them if it's okay and they did sign this neighbor of acknowledgment if you would like to see it. Is that me to present it to you or

No. That's fine. I don't need to see it.

Do we

have that document? Let me put

it in.

Oh, okay. Quick. Give it to mister Bodhi.

Yeah. After after you get through speaking, we need to get that from you.

Okay. Thank you, mister Bodhi. Alright. So that's why I need my variance. My dream of flight really rests on this, and that's why I'm asking for the variance.

Okay. Thank you. I see this is in Doctor. Bass area. Would you like to start?

Yes. So how do you once you get it put together, how do you get it to where you wanna fly it?

Well, these are small and it's a great question board member Bass. The wings actually fold back.

So you can

put in a building, then you put it on a trailer and you drive it to a grass strip when you want to fly. So you have to have a place to store it and you have to have a place to assemble it. Well,

I don't think your construction would take a lot of noise either for your neighbors, right? I mean, it seems like it's a pretty quiet hobby. Yes. Okay. And you don't have many neighbors close by anyway.

That is correct. And they wouldn't be flying it from my property. You drive it off to a grass strip where you're gonna be flying

it. Right. I was wondering that, you know, some people go down their driveway, right, and take off. We don't want to do that. Okay. I don't have any other questions for

this candidate. Any other questions?

I just need clarification. The shed you're referring to that's existing, I'm assuming is this yellow and brown one?

That's the shed that's on the property right now and if you could see the outline of the cinder block, there was a building there that must have been raised before you got the property. And so we're gonna put the shed right in the same footprint for the work stop.

Correct. But the shed that's sitting there is the one you're referring to.

That shed is gonna be taken down.

That shed will be taken down. Correct.

No further questions.

Okay.

Anybody else?

Just after the silent check with the audience is anyone here that would like to speak on behalf of his variance? Seeing none, doctor Bass?

Yes. Discussion? Make no. I don't have any other questions.

Okay. Discussion? I have a motion. You wanna make a motion?

I make a motion to approve the two variances as depicted in the survey, which is dated 02/04/2026.

We have a motion approved by doctor Bass. Do we have a second?

I'll second the motion.

We have a motion to approve by doctor Bass, a second by mister Hoffman. Any discussion? No. No. Okay. We'll do individualized vote. Mister Hoffman? I vote to approve. Miss doctor Bass? I vote to approve. I vote to approve. Miss Clemens? I vote to approve. Your variants have been passed. Thank you.

Thank you so much.

You're welcome. I'm gonna go slow down.

Can we get those documents that you wanted to

show, sir?

Sir. Sir. Yes. I'm here. Okay. Help.

You.

Mister Bodie, can we have a next applicant, please?

Yes. Item h two, Island Cremations LLC request two variances of chapter 62 article six for Park County code for setbacks in a B U Dash 1 zoning classification, and the application is 26B00022 located in District 2.

Okay.

Good afternoon. Good afternoon.

Can you raise your right hand, please? Do you swear it's it's hella truth?

I do.

Your first and last name, please?

Matthew Sabatino.

And your address?

Do you want my address or the project address. Because I'm not the owner and they're like representative.

Are you speaking on behalf of. Yes.

You are who. The contractor.

And what is your name of the contracting company?

Sabotino Construction Group. Okay. But the address for the job is 405 South Courtney Parkway. Okay.

Thank you.

You're welcome.

How can we help you

this afternoon? So we're proposing to replace the entryway canopy. The entryway has a vinyl cover with cover over it where the the ADA, it's the handicap accessibility of the the main front entrance. And we're trying to replace it with basically a solid structure, like a real roof. There's already a roof there.

It's a canvas roof, and it's they have to replace it once every couple years. It gets deteriorated. So the angle of the property line is cause the existing is actually a little bit over the setback, like, the outside corner. So we're putting it in the same spot. It's just we want it to be a solid roof structure so that he doesn't have to replace it all the time.

I think so there was also a rear setback variance, but that's an existing the building's over the setback already on that on that variance. We just had to add that to this application, And I think that's let's see. We'll see it. The we did have the neighbor did a public comment on the on the rear setback Okay. Which is the rear set backs, nothing's happening there. We just had to add that onto this because it's an existing variance.

Okay. I see this is in District 2, miss Clemmings. I have a question, but

I think it's a follow-up question. The the second variance for the rear setback, is that already a variance that's approved or did

No.

It's not approved. Mister Rizzi has to request it. It's also doesn't meet the 20 foot I mean, the 15 foot rear side back.

But is is there a way to determine that that was prior to them owning

the property? Looked at that. It hasn't been approved.

But is it is there a way to determine whether it was prior to them owning the property?

If it was what?

It was prior to them owning the property?

Yes. It was there since it's been built. Yeah.

That was, like, the original. Understand. I don't know how that would happen. The setbacks change or something.

It just happens. Yeah. As far as for the front request, there's not going to be any change in the distance. You're just changing the structure

Correct. The roofline?

Mhmm. Okay. I guess the original one, since it's like canvas, maybe there wasn't I guess it wasn't required. It's just like awning

Okay.

Type deal. So, yeah, it's the same same location.

I don't have any questions. Any further questions? Okay. Mister Hoffman?

Yes.

The rear setback, it's just a foot or so shorter than the 15 foot required?

Correct. 1.1? Yep. It's 13. Okay. Yeah. Thirteen 0.9.

This this letter from the neighbor, she apparently thinks that you're taking the setback down to 1.1 feet from her property line. She's totally But she was concerned about the storm water, but I don't think she's addressing the condition that you are Right. Legitimizing the existing condition really makes no change to what 's already seen.

Right. We're not touching the back of the building on hers. Her house is right behind the back of the building.

I I appreciate her concerns in coming forward and doing a good civic duty. I think her facts are

I think reversed. She was confused about the project k. I think. Sounds like thanks.

After this, might consider being a good neighbor and going over and Yeah. Helping her understand Probably, like, she is. That it passed.

By her lunch.

Yeah. She's not actually my name because

Oh, that's right.

I'm not the owner.

Doctor. Baz? I have no questions.

Miss Clemens? Yep. Okay. Step aside, is there anyone here that would like to speak on behalf of the variance? I see someone you just got to decide let her come up. Can you come up to the podium, please? Okay. Can you state your name for the record?

My name is Kimberly Capioli and I live at 10 Mark Avenue Merritt Island.

And raise your right hand. Do you swear

to tell the truth? I do.

Okay. How can we help you? So I'm Are for it or against it? I'm She's the comment.

Yeah. I'm for comment. So I'm the neighbor that wrote the email because sometimes reading language that gets sent is hard to decipher what it's actually meaning. Mhmm. So, yes, I assume that they were trying to expand the whole building and bringing the building a foot and a half from the property line.

You know, it's now I understand a little bit better. So I really don't have any like, they just wanna extend the front so that when it rains and they have people coming, you know, there's a way for people to get out the car, you know, without getting drenched. That I totally understand and I'm not in opposition of. So, yeah, that was all I wanted to say. Thank you. Thank you.

Miss Clemmons?

I make a motion to approve the two variances as depicted on the survey dated June 2025.

I'll second. Miss Clemings made a motion to approve. Doctor Bass made a second. I'm gonna read the six variants. The special conditions and circumstances exist which are not applicable to other land structures of buildings and apple zoning classifications.

That the special conditions and circumstances do not result from the actions of the applicant, that granting the variance requested will 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. 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 will constitute unnecessary and undue hardship hardship on on the 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 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 pass by miss Clemens, a second by doctor Bass. Individualized votes, mister Hoffman?

I vote to pass.

I vote to pass. I to pass. I vote

to pass. Your variants have passed. Thank you. Thank you all. You're welcome.

Miss Foti, can you give us our next applicant, please?

Yes. Item h three, Eric and Mars of Penny request variance of chapter 62 article six Brevard County code for a pool screen enclosure in a PUD for zoning classification applications 26 v 00023 and located in District 4.

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

My name is Mike Jaffe.

And your address?

My business address for some aluminum screen in the 7622 Emerald Drive, Unit 5, West Melbourne.

Do you swear to tell

the truth? I swear to tell the truth.

How can we help you today?

Madam Chair, Board, Staff, thank you for the opportunity to present our case here today. I am the the general contractor that was hired to perform design and perform the pool closure for our client Mr. Penny who's here in the audience. Mr. Penny, his home is in Wind And Duran, so a pretty large home on lot that has a very sharp radius rear that backs up to a retention pond which oversees one of the fairways at the Durango of course and then on the opposite side of that is Wickham Road and the pool is actually permitted and it's currently under construction and as we started the design and that's by another contractor and as we started the design of the pool cage, it was determined that not only was the client or client not able to get the look he was looking for but also that the constructability would be will be challenging.

So we're we're requesting that this board to grant relief for

Excuse me. Before we go any further, I don't think we have an authorization form that authorizes you to speak for the applicant. Okay. Is he here today, you said? Yes. Can you have him come up and and say that you're gonna represent him?

We were gonna do that when we get the house. Yeah.

Okay.

Well, I was thinking that who he had everything, but if he has that, we'll take it from him where he can get up and tell you that he'd like you to speak for him.

Okay. Come to do

yes. Have him swear himself in.

Yes. Do you swear to tell the truth? Yes. And can I have your first and last name and for the record, your address, please? Yes. My first and last name, Eric Penny, and my address is 7347 Gorda Pea Court, Viera, Florida. The East Weather Telstra. East Weather Telstra. Okay. And would you like this applicant to speak on your behalf? Absolutely. Yes. And what is his name? Mike Jaffe. Thank you. Alright. Thank you. Okay. Thank you.

Thank you. So our ask is the minimum relief needed to perform the work that our client is looking for which is two feet of the five foot setback. We don't believe there is any harm to the public and we believe harmonious to the general features of the neighborhood. Again, it backs up to a large retention pond, so there's no neighbors behind that we're encroaching on. And it's also it's a public private golf course and on the other side of it is Wickham Road, so we respectfully ask this forward to grant this small variance.

Okay. Thank you. I see this is in District 4. Doctor. Bass, please.

Well, I was going to drive by, but it's a gated community, so I couldn't get in. But, I was able to pull over on North Wickham Road and look across and, to see that there is nothing that's going to be affected with this construction. So it's it is on a waterway, and there's no buildings around it. It's not a navigable waterway. So it's pretty straightforward, I believe, on this even though I couldn't drive by.

Okay. Mister Hoffman, any questions? No questions. Miss Clemings? No questions. Okay. And I don't have any questions. That is it's straight forward. Mhmm. The neighbor on the left and the neighbor on the right, see you have some area between the neighbors. So I don't see anything. Any any rebuttals or anything from the neighbors by chance?

No rebuttals case. The

case. Case. That's that's

Yes. I will, make a motion to approve the variances depicted in the survey with the revision date of 03/2426.

Do we have a second? I second. We have a motion to pass by doctor Bass and a second by miss Clemings. I will read the six Hardship questions. You can come back up to the podium.

The special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicant zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granted the variance request it would not confer on 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 provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter will constitute unnecessary and undue hardship on the applicant. And at 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 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 pass by doctor Bass. We have a second by miss Clemens. We'll do an individualized vote right now. Mister Hoffman, how do you vote? I vote to approve. Doctor Bass? Approve. Approve. Miss Clemens. Approve. Your variance have passed. Thank you. Thank you, board. Mister Bodie, can we have the next applicant, please?

Yes. Item h four, PVA and David m Sling Land request variance chapter 62, article six Brevard County code for setback in R U Dash 1 Dash 9 zoning classification. Application 26B00024 located in District 1.

Okay. Come on, Sam. Good afternoon. Good afternoon. Yes. Where you at? These were to tell the truth? I do. And can you state your first and last name and your address for the record, please? David Slingerland. 818 Heron Road, Coco. Okay. How can we help you today?

About a year ago, I got a series of variances started on the project and discovered that one variance wasn't addressed and that was the seawall offset for the porch that we're redoing. And so we need to get a few more inches variance for the porch to be completed. So the sea wall the sea wall offset is the sea walls rate on the property line pretty much. So the front of the sea wall is good, but the back of the sea wall is like three inches too close to the within the 10 feet setback. Okay. You are in District 1 and

that is my district. And I'll just start off with the question for you. Okay. So this is just one variance that you're looking for today. Correct. I wasn't able to drive by the residents. However, my question is this, the neighbor, I believe that's to your right of the property? Probably to the left. To the left. Yeah. Okay.

That's if I'm on my porch, it'd be to the right.

Okay. How do they feel about this? They have

no problem. None of the neighbors. None of the neighbors. Yes. Okay. Alright. Some of them offered to come down. I didn't think that was properly necessary. Oh, to come down and speak on your behalf. Okay.

But no one came right now. Okay.

So when an improvement is variance that will allow you to exactly do what? Repair my porch essentially, it's currently there and preexisting to my purchasing the house and it's falling down. So I wanted to put a new roof structure over the top that's a little more solid and permanent, which led into the variances need. Okay.

When you say put it in new roof, it's going to be the same size

as your Same size, same footprint, just replacement of materials basically. Okay.

Okay. No other questions. I'm open the floor for questions, missus Clemings. No questions. Mister Hoffman. No questions. Doctor Bass. Wow. Let me well, I see. We already said no one's here on your behalf. So would someone like to make a motion?

I make a motion to approve the variance request as depicted on the survey engineering plan with the date of March 2026.

Madam chair, just to put it on the record, would you just just ask if there's anyone here in opposition?

Oh, I'll put it back on the record again just to make sure. Anyone in the audience here and to speak to this variance for yay or nay? Seeing none. Thank you. Okay. You're welcome. That's for the record. Now we have a motion on the floor for miss Clemmings to approve. I'll second. We have a second by doctor Bass.

I'll read the six hardship questions. That special conditions and circumstances exist which are not applicable to other lands, structures, or builders of 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 an applicant any special privilege that is denied by the provisions of this chapter's 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. It will constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure, and that the grading of variance will be in harmony with the general intent and purpose of this chapter 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, a second by doctor Bass. We'll do an individualized vote. Mister Hoffman.

I vote to approve.

Doctor Bass. Approve. Approve. Approve. Your variants have approved. Thank you. Thank you all. You're welcome. Mister Bodie, could we have the next

Yes. Item h five, VH Properties LLC request two variances, chapter 62, article six, Brevard County code for a waterway encroachment and setback in an r u dash one dash 11 zoning classification. Application is 26B00025 located in District 2. Good

And I'm

not you can But But you

I'm But

view. Of

survey that was submitted to us when they bought the property, I and we set our lines up on the marks and the pins that were present, did our projection of the waterway, built our dock. We ordered a survey from our surveyor, and their survey was wrong, and it was like almost two foot out from what it's supposed to be.

Okay.

And the survey record then was wrong, and my surveyor double checked it. I don't know how to resolve that. The other surveyors not gonna so I don't know how to resolve that.

Okay. Well, I see this is in District 5, miss Clemens to start off with the question. Miss Clemens? I'm sorry. Just to to to that's a District 5. I apologize. That's okay.

So just out of clarity, the was the survey that was Used for the original permit. Was that from the prior owner.

No so when they when Mister missus house or bought the house they had a survey done I'm assuming is it was less than a 180 old. Okay. Which is required for my permit. And which is common customers by their get their own surveys and we use that survey to the plot plan approved everything submitted, got the permit, came out and built, and the and even they had disc ly. I don't I don't remember the number.

I apologize. Short amount Yeah. For the amount that we're requesting the variance for is out into the water or is it north or south or east or west of the property line?

For the building code, we can only go out 20% with the canal from property line and property line. And I believe this was an 80 foot canal, maybe 70 feet. So then it's 14 foot projection from our property line from what the line I depicted with my property marker pins. And then I set my line out there, and I based my poll set off of that line. Okay.

And I

work my way back. Okay. And when I did my as built, they're set back inland to where the original first sea wall was because they've got a couple of seawalls that have been put in. And that's not. The correct survey.

Interesting okay. So the dock is in

place Yes, ma'am.

And we're basically just trying to legitimize it being two feet fish into the canal. Yeah. There's not gonna be any additional change.

No. I know. The heart's not gonna wasn't their

And

think that's that's to the surveyor unless you get into real estate attorneys and

Mhmm. Understand.

It's just unfortunate.

Yeah. Okay.

I don't have any other questions. Okay.

Okay. Mister Hoffman, any questions?

Just one. How? Sir?

Oh, I'm sorry.

Oh, I didn't know you're doing that. Sorry.

So there was a deed survey that the original owner got that the owner had. Do you?

Not the original. The new owner.

The new owner got a deed survey. The boundary. I've Boundaries.

Yes. Yeah.

For the deed. Yes, sir. And you build off that. Yes, sir. And now your surveyor, who you seem to seem to trust more I do. Has determined that that original survey was wrong?

Yes, sir. I actually sat in his office for a couple hours and we did some digging and research and he stands behind. His is correct, which is on record for as built.

Okay. So the as built surveyor, you're you're sure is right. Yes, sir. Okay.

I left it there cause I've been working with him for a very long Yeah. So

Well, in the business Yeah. Have surveyors I trust as well. Okay. That's and then you say there was the seawall was rebuilt twice?

In in in history, when you see a vinyl wall, that's already a new wall. So there's usually either one or two walls behind that.

Oh, you don't know how many?

No. I mean, we can go back and look at record, but they start with either an asbestos or concrete. And then there was wood present underneath there, and then there's the vinyl. So I'm not a 100% sure, but it's, you know, we're already hidden out past the property line with the vinyl wall

Mhmm.

Into the, you know, into the waterway.

Okay. That's common. I think it's the Department of Natural Resources allows them to rebuild the wall 18 inches. Correct.

Up to up to four feet, then you have to remove because they don't want the spoils of the lands getting into the canal. So they'd rather you build in front of it, and then public works makes you take it out if you get to that four feet mark. Okay.

Doctor. Baez?

I have no questions. Thank you. Okay.

And I think for me, it's just plain and simple. You're here for two variants. Correct? I don't yeah.

You Mhmm. Yes. Two variances. The other one was for, I think, point two feet from the easterly seven foot, seven and a half foot setback requirement.

It's a little bit May

I interject with that? We submitted the survey correcting that because the survey was wrong, and they approved that because we were in our seven and a half foot setback.

The one that we have with the application for the variance for the 7.3 feet off of it. There's a little job there.

It's fine.

It comes back. That's what we're using. The application.

Okay so let let me be clear. Today we're here for two variants bank.

Yes.

And as Mister Bodhi just stated that one is 7.5 feet. Is that what we have for? Or is it discrepancy? Because I'm looking at your face. The

second variance is for

the I know he'll know. Okay. I

filled out

paperwork. Yes.

Okay. Oh, okay.

I'm Vince Houser. I live in the house 1640 Coquina Drive.

Okay.

The the second variance is for a triangle that's literally like this big. It's where it's where it goes from way out and then goes up to the wall, and and instead of it being a 90 degree corner, they a 45 degree inside. So it it we didn't even I I we no one even noticed it in survey audit. I mean, it really wasn't drawn that way. It just it was a simplicity thing, I think, when they built it. We but it's not it doesn't impede the neighbor at all. And I spoke to him about it. I showed him exactly what, you know

And that was

gonna be second question. Was it any neighbors to your left or your right?

Yeah. So the the one neighbors here, I don't know if he's speaking or not, but but there was four comments. I spoke to three of them. The three I spoke to were fine. The fourth one, he's out of town, and he put that in his comments. So I I wouldn't

be able to speak

to him, but but from my understanding from the other two that I did talk to, that's they're all three of them are across the canal from me. Mhmm. And the one that's directly across is the one that's not here, but and he's the one that got the other two route up about about it. But they all they all misunderstood that thinking that we were gonna be building an additional two feet and not that it was an as built.

But you are not building

additional two feet. There's no other

Okay. So let's clearly state that for the record.

Okay. Yes. Great. Yeah. No. I'm about out of

that's that's of view.

Slide.

And

go back the next next swear to tell the truth?

I do.

And state then your first and last name and your address, please, for the record? Richard Phillips, and

I'm at 1630 Cocaine.

Okay. Are you a neighbor of his? On the West West of Where's your house directly from his house?

West of

it. Okay. Directly west.

How can we help you?

So I've actually the variances don't really they're not gonna bother me that much at all. Okay. So I'm I'm gonna I'm not gonna oppose either one of those variances. I after listening to Devin's explanation, I understand a little more. In general, I have seen variances come across and for the most part, they're always before construction.

I was kinda wondering how the construction got done then we so and I and and I've lived there long enough to know that the seawall that he repaired and was there was put outside that so that's the first seawall. That's not the second seawallage. It was the because I still have my old seawall. Okay. There's the original seawall and then the one that's there was put outside. So there's not two, it's just one. But anyway, that's I'm I'm not necessarily opposing either either of the variances because it shouldn't affect me. Hopefully, I wouldn't think. Okay.

So but

okay? Thank you. Alright. Thank you. Thank you. Okay. So that we have a motion.

I have a quick clarification. I just wanna make sure all the notes that I'm reading are basically saying that they're under the impression that you're adding an additional two feet. Is there has there been any clarification of that with these oppositions?

I I spoke to three of the four. The one the one he said in the letter, he's out of town. And I don't know when he went out of town, but I went to his house twice and

David Pratt?

Yes, ma'am.

K.

And he never answered the door, so I don't

That's the only one

you haven't spoken to? Correct. Okay.

Yeah. But the three that I did speak to, all of them, they they absolutely thought we were adding two more feet in both directions. They thought we were gonna be going closer to everybody, and I'm like, no, we are we are done.

Okay.

And then resolution would be basically starting from scratch, tearing it down, and going back two

feet. Yes, ma'am.

Just to make sure everybody understands how dramatic it is to be.

That's a big deal. Yeah.

I just said it out loud to freak you out.

Yes. It's okay. No other make a motion, miss Gibbons?

I make a motion to approve the variances as requested depicted on the survey with the date of 11/03/2025.

And do we have a second?

I'll second that.

We have a motion to approve by miss Clemens and a second by doctor Bass. I'll read the six. Part ships. The special conditions and circumstances exist which are not applicable to other land structures or build in the 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 confer on 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 will constitute unnecessary and undue hardship with the applicant. That 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 would not be injurious to the area involved floor by miss Clemings to approve a second by doctor Bass, individualized vote. Mister Hoffman, how do you vote?

I vote to disapprove. Okay. Mister Hoffman, disapprove. Approve. Doctor Bass? Approve. I approve. Miss Clemens, approve. This variance has just been approved. Thank you. Mister Bodhi, our next applicant, please.

Yes. Item h six, James o and Cynthia l Hoffman request the variance chapter 62 article six Brevard County code for the lot size and an AU zoning classification. Application is 26B00026. It's located in District 1.

Okay. Good afternoon. Good afternoon. I'm the swear tilt your drive front. Do you swear tilt my your

name is James Hoffman. Fifty three eighty Fruit Port Street in Port St. John.

And how can we help you today?

I have a piece of property up in Mims that I've owned for several years, and I haven't improved it at all. It's it's unimproved now. I'd like to put a pole barn on the property, and so that's what I'm here for.

Just come a little closer to Mike. I'm sorry. I can't hear the last part. You have a piece of property in Mims Mims. That you would like to do what? Put a pole barn on. A full barn? Whole barn. Whole barn. Okay. It's an open open mall barn. Okay. Well, I see you in District 1, and that is my district, and I did drive by your property, and I see you have a lot of property. I don't really have any questions because your your neighbors really a little a little ways from you Great in all directions right is really rural out there

yes.

So I don't see any problems I don't have any questions I open the floor for questioning Mister Hoffman. Know. Doctor bass no questions. Miss Clemings? No questions. Okay. Let me just check. Is there anyone in the audience here that would like to speak in regards to this variance? Seeing none. Anyone would like to make a motion?

I'll make a motion to approve the variance requested as depicted on the survey dated 12/16. 12/16/2025. '25. Okay. 12/1625.

Okay. Mister Hoffman made a motion to approve. Do we have a second? I second. Miss Cleming, second. I would now 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 a variance request would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, structures in identical zoning.

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. 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 genuine intent and purpose of this chapter. And such use variance would not be injurious to the area involved or otherwise defumential to the public welfare. We have a motion to approve by mister Hoffman, a second by miss Clemens individual ize vote.

Mister Hoffman? Vote to approve. Doctor Bass? Approve. I approve. Miss Clemens? I approve. Your variants have been approved. Thank you. Mister Bodie, our next case, please.

Yes. Item h seven, Catherine Louise Abenathi, revocable trust, enjoy Anne Malone Maloney. Sorry. Malloy. Yes. Thank you. Requests for variances chapter 62 article six Brevard County code for accessory structure and TR dash two zoning classification. Application is 26V00028 located in District 1.

Okay. Good afternoon. Good afternoon. I'll wait till you get to the mic. Take your time. Yes, ma'am. Mhmm. How are you this afternoon? Yes, ma'am. Thank swear to tell the truth. Yes, ma'am. And can you just state your first and last name and your address for the record, please?

Catherine Abernethy. Catherine with a c. Mhmm. And your address? 5932 Cedar Lake Drive, Cocoa, Florida 32927. Okay.

And how can we help you this afternoon?

Oh, well, we was gonna have a fence put up. Mhmm. And they Denied the permit. Denied it. They said that the the stuff that I had on the property when I bought it wasn't right. So we had another survey. So I don't know.

They're saying that the shed in the back

Wait, hold on one moment. I need to swear you in, please. Come to

the record. This this is Joan Allen, my oldest daughter. Okay. Joy is not with us now.

Okay. And your first and last name and your address, please, for the record.

Joan Perry. 5932 Cedar Lake Drive, Cocoa, Florida. Okay. You swear to tell

the truth. I do. Okay.

And that is your mother? This is your mother.

Okay. She bought the property twenty six years ago. Oh, she bought the property twenty six years ago pretty much as is. Okay. And she was wanting to rebuild her back porch and the cons they denied the permit for that. And then we didn't know why. And then she wanted to put up a fence that was once up already but fell down in a storm, and they denied that. And then come to find out, there is a structure in the back of shed that was on the property when she bought it that is too close to the easement line. It's Mhmm. Actually supposed to be 10 foot.

It's seven foot according to the new survey, and she was asking to keep that because it's got quite a bit of things in it, and it's been it was been there when she bought it. Mhmm. And then there's a garage on the right side that was there when she bought it. I don't know what the problem is with that. And then there's a carport that she had put on like sixteen years ago, and the company put it up without a permit or anything.

I didn't know it was I didn't know that my husband was putting it up.

Yeah. Her husband put it

up. Okay.

And we're just asking to keep those things because it would be a hardship to take them down. Mhmm.

Okay. Well, seeing this is in District 1, and that's definitely my district. Oh. So I'm gonna start off with the questioning. I see today you're asking for four variants. Right?

I think three. Correct? The shed in the back?

No. No. There's four variances that they need.

Oh, it is the fourth one.

One's for the shed to the side south side setback. One's for the carport that's located. The Doesn't meet the front setback and the separation distance, and then she has one accessory structure over the two that's permitted. So that's the reason that for the other one.

Okay. Do you understand that? No. I don't understand what the last one is. So we have, as mister Go ahead, mister.

Permitted two accessory structures on your property by the size of your lot, and you have three accessory structures. So there's one over the the two is what the last one is.

Oh, I understand. I'm sorry.

That's okay. That's Correct. So what we're here for today, we want to legitimize all of those items that's on your property. Yes, ma'am. Okay. So. Going back, we have we have for four variants today as Mister Bodhi just stated the carport to sheds. And the. Excessory. This accessory correct.

Okay. Now my question to you, I do know you have a lot of land as well, and you have neighbors to your left and to your right. Yes, ma'am. Any neighbors opposing or objected to this or said anything to you? Love my neighbors. You love your neighbor. Okay. No. Definitely. Okay. Good neighbors. Alright. Okay. And I know you stated your husband put up the shed without the I I put a put I I put I a put put put Mister Hoffman.

No questions.

Doctor best. No questions. Thank you. Okay. Let me just check is there anybody here that would like to speak in yay or nay to this variance. Seeing none. Anyone would like to make a motion?

I'll make a motion. I make a motion to approve all four variances as depicted on the application and the survey dated 02/23/2026.

Do we have a second? I'll second. Motion. We have a motion on the floor to approve by mister Hoffman and a second by miss Cummings. I will read our six hardship questions. The special conditions and circumstances exist which are not applicable to other land structures or builders and the applicable zoning classification. And that the special conditions and applicant. And the name the is is is name applicant. The applicant. Classification.

And that 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 that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variants would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to approve on mister Hoffman, a second by miss Clemens, individualized vote. Mister Hoffman.

Vote to approve. Doctor Bass. Approved. I approve. Miss Clemens. Approved. Your variants have passed. Thank you. I miss you. You're welcome. Have a great day. You too. Thank you. Okay. We'll stay on the record for you said do we stay on the record for the voting of the vice chair? Yes. And I'm

sorry. What was that?

We have to stay for the voting of the vice chair.

Okay.

Okay. That's what we'll be doing now. Correct? Okay. I'll make a motion to nominate miss Clemings for vice chair.

Go ahead. I'll second it.

It's only because you don't want it.

Oh, yeah. Mister Hoffman, discussion? Discussion?

No No discussion. Discussion.

Mister Mister Hoffman, Hoffman? How do you vote?

Oh, yeah. I vote to appoint miss Clemens' vice chair.

Doctor Bass?

I vote to appoint her

vice chair. Thanks. I vote to appoint you vice chair. Miss Clemens, congratulations. You are now vice chair. Sneaky dogs. Okay. I now adjourn this meeting. Okay.

The opinions expressed by any member of the public during any period of public comment do not