Planning and Zoning Board & Local Planning Agency - Regular Meeting

Please stand for the Pledge of Allegiance.

I pledge allegiance to the flag 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 Beauvoir County Board of Zoning Adjustment on Wednesday, June 17th, 1.30 p.m. to order. Will Mr. Bode, please, from the Planning and Development Office, please describe the function and operation of the Board of Zoning Adjustment to our applicants and audience, please.

yes mrs chairman the board of adjustment is a quasi-judicial body established by the board of county commissioners under chapter 62 article 2 division 4 of the bavar county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and assigned regulation in chapter 62 article 6 and article 9. 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 30 days after the date the order is signed, apply to a court of competent jurisdiction for appropriate relief. Ms. Chairman, you have six items on your agenda today.

Thank you. Will our Vice Chair, Ms. Clemmons, please do reading one?

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 in unnecessary and undue hardship. The term undue hardship has specific legal definition in this context and essentially means that without the requested variance, the applicant will have no reasonable use of 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 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.

I will now address our board members, the applicants, and our audience regarding the board procedures for today's hearing. The Board of Zoning and Adjustment as a quasi-judical board with members appointed by the Brevard County Board of Commissioners will utilize the Robert rules of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentation, we will begin board questioning with the board member who represents the applicant's district. When concluded, question is open to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well 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 are 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 their name and address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for address card. Please fill it out and return to the clerk. Are there any questions regarding these procedures from the board members? No. Are there any questions regarding the procedures from the applicants? From the audience? Seeing none, we will move on to our next order of business. We will go to the meeting minutes. Any changes and motions to approve? Dr. Bass? I make a motion to approve the minutes. I second. We have a motion to approve the minutes. A second. All in favor, say aye. Aye. The meetings have been approved. Mr. Bodie, can we start with our first applicant, please?

Yes, item H1, Lynn H. Terror, revocable trust, request variance, chapter 62, article 6, Brevard County Code, for a proposed waterway encroachment in an RU-1-13 zoning classification located at, the application is 25V00090 in District 2. Good afternoon.

Hello, how are you today?

You can move the mic if you need it.

Okay, great. Good afternoon.

May I have your name for the record and state your address, please?

Okay, my name is Dr. Scott Herber. My address is 351 South Lake Side Drive, Satellite Beach, 32937.

Thank you. Will he be speaking as well? Yes, sir. He will be, if necessary, yes. Is he going to be speaking? Yes, ma'am. Okay, he can just state his name for the record and address it into the microphone if he can. I'm Charles Terror. I live at 1680 Bayshore Drive.

That's my house and my dock.

Okay, and now I'm going to swear you both in together, okay? Do you swear to tell the truth, the whole truth, and nothing but the truth?

Yes.

Thank you so much. Present your case, please.

Okay, so the property is a pilot. Does the overhead work? Yes. Okay. So if you can see up on the cameras there, the property is a pilot, and the way the extension of the area is, it's a limited property. It's not a wide area. And what's going on is Mr. Tara wants to put a boat lift there for his boat. And he has a dock there, and I'm going to show you something on the dock here. Let me pop this in here, which explains what's going on and where there's a hardship issue. So if you look here, the shoreline underneath... here okay here's the shoreline which has been eroding away though but here it's all really shallow and the drop-off is not until this location so this is the reason why the structure had to be out this far it can't be against the shoreline does that make sense so the projection from the shoreline here is 12 feet now the distance across the water is 80 feet okay from shoreline to shoreline it's 80 feet according to the code you can put a structure out to 20 percent of the width We have a 12-foot projection, we can technically go out 16 feet. follow me so far so but we did now what you'd like to do is be able to put a bow lift and now in order to do this in trying to be respectful to the neighbors and for navigational issues he is elected to go with what's called an elevator lift now let me show you some examples and it's not an elevator lift that goes vertical it's an angled elevator lift it's different so what this does is You see that? So what it does is it actually brings the boat back over the dock. Oh, sorry. With that. Nope. Oh, the other way. Nope. This is just one example. The standard angle on these is 23 degrees. We can extend the angle on this to 37 degrees to bring it further back over the dock. The actual main components of these are still within his allowable 16 feet. The asking for the forefoot extension is for the beams. which hold the boat up. The main part is not going to be the water, it's the beams that hold it up. That forefoot is based on the launch distance from where his dock is. Remember, the dock had to go further out to even get to adequate water. These lifts are actually more expensive than the standard lift. You usually see the four pilings. Once it's out of the water and pulled back over the dock, which it'll come back over, it's still going to be about a two-foot extension beyond the allowable 16 feet. Now, his only other option would be, and this is why he wants to put this style of boat lift in, and to bring the boat back over to allow for space, is technically what he can do is he could technically extend his dock out to 16 feet, Leave the boat in the water, and now you've got an extension out of about 26 feet to 28 feet, because by the time you put in your fenders and the lines, the boat comes in and out. This way, when you're in the launch position with the beams, you're looking at a distance of 20 feet, but when it's in the up position and back, it's 18 feet. That's what the request is. It's not for anything bigger than just to allow us to put those proper distance of the beams in. That's what it's for. Unfortunately, we even looked at the fact, and I have some photos here too, to give you an idea, he can't bring his boat in on the side, Because there's mangroves in the way on the neighbor's property. And unfortunately, did that picture come through, Sean? Okay. And then on the other neighbor, the other neighbor has a dock and he can't come in. And of course, it's too shallow there anyways. So this is where he's in a stuck position. And so what we're trying to do is minimize the distance and impact to the waterways so that there's no problems with the neighbors. They can still get up and down, but yet he's allowed to use his structure just like all the other neighbors can and do it in that manner. That's why we're asking for the four feet.

Okay, thank you. I see this is in District 2. Our Vice Chair, Ms. Clements, would you like to start off with the questioning, please?

Sure. When was that dock constructed?

It was just, Sean, when did that get approved?

That's a good question. Thank you for attending.

So wait, let me just say this. If she's going to be speaking, she needs to come down and get sworn in and come to the microphone.

You got the information on that. Thank you. You're welcome.

Can I address the board, please? Yes. We based this on the survey that was turned in. The survey showed the projection going to be 25 feet. That's going to be nine feet out into the

Yeah, that was the surveyor put that on.

I think he put it on there incorrectly.

That's how it's proposed. That's what the variance request is. Well, we request only a four-foot extension.

So you'd have to change it from what is advertised as nine feet over the 16 feet.

Yeah, that's not correct.

So they might be able to grant you something different than what was advertised, which would be less. Yeah, I think so. Whenever we look at the survey, we base everything on the survey. So I wanted to make sure the Board of Adjustment knows that this variance was advertised to be 9 feet over the 16 feet, to be a total of 25 feet out into the waterway.

Thank you for that clarification, please. Yeah.

It was completed in. Can you come to the mic? May I have your name and address for the record, please? Tracy Huff, H-U-F-F. I live at 24 Emerald Court, Satellite Beach, Florida. Are you a neighbor or live in the same house? I'm the contractor, the building doc. Contractor, okay. Yes. Do you swear to tell the truth? Yes, ma'am. Thank you. It was finished in November or the end of October. Of what year? Of 2025, yes. Okay. October 2025. Yes, ma'am. Okay. Ms. Clemmings?

Do we proceed?

It sounds like they're asking for it to be reduced from what we've advertised it for.

That is correct, and I think under Robert's rules we can do that. Instead of asking for the full mile, we're just asking for four feet.

So they'd be asking for four feet over the 16 feet? Correct. 20 feet out into the waterway?

Correct, yeah, correct. So let me just understand this. So originally it should have been nine feet out of 16 feet. And Mr. Bodie, what I hear you saying it should be four feet out of what?

Out of 16.

Out of 16. I'm sorry. I'm going by what the survey says. Correct. They're the ones that are changing what is different than what the survey was. It's four feet beyond the 16 feet.

So, let me, what I'm thinking, since this survey is saying 9 feet out of the 16 feet, I think that we should, let's have a discussion about that. Yeah. You want to have a discussion? Yes. Okay. Can you give us one minute, please? I think we should.

They may make us come back if your survey is screwed up. Mm-hmm.

Okay, so since our paperwork is not correct, Mr. Bodie, what we have decided to do is that they're going to file the correct paperwork for the correct amount of feet that they need, and they'll just reschedule and come back.

So they need to file a new survey then, too?

That's correct. Correctly. Correct. Is it possible, though, that you guys could approve pending a new survey so we don't have to come back? Absolutely not. Okay.

no i mean i don't mean to say absolutely not but no let me just say this how do you feel miss clements well generally the way that we always approve it is as approved on the survey submitted by the applicant with the date correct so right we wouldn't be able to do that today that would have been by asking for the mac that would be the maximum but what we're doing is reducing the amount so let me say this to you in our fair opinion to your advantage it would be better to not have this one done today, this variance, reapply for the new variance of exactly what you're asking for, and then come back before us.

Instead of going through a new variance, we just request a modification of the existing.

Why don't you ask for it to be tabled to I don't think they have enough time to get it all together for the... Well, if we can. For the July, because we have to advertise it.

I won't be here for July, for sure.

Correct. And she won't be here for July, so I think she tables to August. If you table it, then it's not a whole new variance package? No, it would be a revision. Correct. Yeah, make a revision of the existing.

It would be tabled to the, what's the August date?

Yes.

August 19th. August 19th?

Okay.

Let's do that.

you want to make the motion okay ms clements would like to make a motion please what was it august i make a motion to table the variance request until august 19th i said 2026. okay we'll go for a vote dr bass agree i agree i vote the table to august 19th as well Okay, great. Your barriers have been tabled to August 19th. Thank you. Thank you. Thank you. Ms. Bodie, can we have the next applicant, please?

Yes, item H2, Tanner C. and Jasmine M. Jail requests two variances, Chapter 62, Article 6, Brevard County Code for an accessory structure in a GU zoning classification. Application is 26V00027. It's located in District 1.

Good afternoon.

Hello.

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

My name is Tanner Gell. My address is 3615 Osage Street, Cocoa, Florida, 32926. Okay. Do you swear to tell the truth? Yes. How can we help you today? So we are in the middle of building a house and I put up a exterior structure for a couple different reasons. To store equipment that is very expensive that doesn't need the sun beating down on it. Just to pretty much store stuff. The issue that we ran into is my zoning is general usage. I live in Canalville Groves, which is fairly rural. There's a mixture of AG and GU acres. They're all one acre parcels on the east side of 95. Being general usage, my accessory structures are limited, comparative to AG. What I was trying to do is get a variant so I could keep the building that I put up that's fully open, it's not enclosed, there's no concrete, there's no electrical, without having to remove it. And the goal was to hopefully be able to pay the permit fees and move on from there.

Okay. Well, I see you in District 1. which is my district. And I'll start off with the questioning. So you're here for two variants because you built the house, the exterior structure you need to hold your equipment.

We're in the middle of building the house, but the accessory structure is already built. So that was already built with a permit or without? Without. Okay. When was that built? September 2025. When we were going through the permit for the house itself, when I spoke with the county a couple different times, they said that I just had to, I could build it, but I had to wait until I paid the permit fees. And the permit fees I think were 12 or 13 grand for the house. So then I went ahead and built it shortly after I paid the permit fees. And I believe there was impact fees built into that price. So I was unaware that I needed to do anything else.

And what is your address of this property, please?

3615 Osage Street. Okay. And do you have neighbors to the left and the right of you? I have one neighbor to the west, and he volunteered to support, I guess. Okay. And there's no neighbors to the right, I see. No, ma'am. You have a lot of property. Yes, ma'am. I have a canal on both sides, on the south and the east side of the property. Correct. Okay.

I'm going to open it up for questioning. Dr. Bass? No, actually, I don't have any questions.

Ms. Clemmons? I think my only question might be for Paul. Is there a difference between just the open structure versus a structure that could be enclosed?

No, we're going to measure it from wherever the concrete or the wood pilings are coming up, the envelope of it. We wouldn't measure it for the roof, though, just for that.

At what stage would that have not qualified with the actual building permit of the home?

He should have got the building permit for the home applied for and then he could have got his accessory structure permit applied for. It can be done concurrently but

it looks like this was done without a permit the accessory structure okay thank you we did wait until the permit was paid for based off of when i talked to the county originally did you already have the structure for your single family residence in mind yes ma'am yeah we were it took us about two years to get the permit to build this house um so I could have built it two years ago but I wanted to at least wait and do it after the permit we paid for the house because that's what the county had originally mentioned to me. So I waited two years and then I paid the permit fees and the impact fees for the house and then I went ahead and built the structure and we just set the trusses last weekend and we sheeted it so we just got the roof dried in so we're still far ways out from finishing the house but but at no point you were aware that the structure on the outside had to have a certain percentage of your physical single family no i had no clue when you drive through canaveras i don't know if you guys have been there i'm familiar there's a lot of them out there so i didn't think that there was really necessary um it's nothing out of the ordinary um it's quite smaller than most of them but We own a couple different businesses. We build pools, so we have heavy machinery to dig pools, which is not cheap, so I'd like to have it covered when it's not in use. So that's one of the main reasons. Okay.

I don't have any other questions.

Okay.

Okay, let me see if there's anyone here that would like to speak to this or not. Is there anyone here that would like to speak to this variance or not? Is there an audience? Seeing none. Somebody came.

Oh, I'm sorry. That's my neighbor.

Oh, that's your neighbor? Okay. Yes, ma'am. Just state your name and address for the record, please.

Tom Finley, 3635 Osage Street. Do you swear to tell the truth? Yes, ma'am, always. Okay. How can we help you? Yes, I live right next door. This structure is... I can see it from my backyard. He talked to me before he built it. He asked me if I had any problems. I said no, and... And so I'm okay with it. You're okay with it? Yes.

Okay. Okay. Thank you. Thank you. Yes. Thank you. Okay. You can come back. Okay. Is there a motion? Anybody want to make a motion?

I make a motion to approve the two variances requested as depicted on the survey with a revision date of 4-8-2026. I'll second that.

I'm going to read our six hardship questions. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal 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 for the applicant. 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 gradient of the 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 Ms. Clemmings, a second by Dr. Bass. We'll take an individualized vote. Dr. Bass? Agree. Agree. I deny. Your variants have passed. Thank you.

Thank you.

Our next order of business, Mr. Bode, please.

Yes, item H3, John C. Farris, request variance of chapter 62, article 6, Beauvoir County Code for an accessory structure and an RU-1-13 zoning classification. Applications 26B00029, located in District 3.

Good afternoon. Howdy. Your name and address, please, for the record?

John C. Ferris, 6506 Flordana Avenue, Melbourne Beach, Florida.

Do you swear to tell the truth? I certainly do. How can we help you today?

I don't know. I put a shed out in the back of my house to put the pool stuff in. Okay. And I didn't want to put it on the north side because I think it would be an eyesore for the people on the north side. And I didn't have the room to put it on the south side. I put it in the back on the west side. We put it too close to the wildlife preserve. There's nobody living back there all the way to the river. That's what I did.

Okay. Well, I see this is in District 3. I see this vacant right now, so we'll just open up the question. Dr. Bass?

Okie dokie. So you're backing up to a preserve, a wildlife preserve? There's a wildlife preserve in the back.

Yes, ma'am.

And you've encroached onto that land. Are those mango trees that are back there also?

No.

No, I'm not on near land. I'm just... The distance is... I think it was supposed to be 5 feet or 10 feet, and I'm closer than that. But I'm on my properties. They put up a barbed wire fence back there to prevent anybody from getting onto the wildlife preserve. They? The county? I don't know if it's the county or the state. I don't know.

so you're within the fence line of the county or the state for the park no i'm about four foot away from the barbed wire fence i'm four foot on my side you see the service right there he just has a three and a half foot three and a half foot encouragement into the easement

I ain't got electric or water or nothing in the shed. It's just a plastic shed I put back there.

Can you move it further into your property? Closer to your pool?

they built a wooden structure to a platform to put it on to keep it off the ground so they got it on that platform like so not without probably having to buy a new shed okay ms clemens any questions how long did you put this shut up I reckon it was April, I reckon. It might have been March. This year? Oh yeah, this year, yes. other questions my question is your neighbors to the left and the right did anyone object to you putting the shed up anyway any of your neighbors no they both have their sheds almost right on my property line so no they had no and it's it's like a dollhouse shed that my wife liked so no so it looks nice okay okay

Okay. Well, let me see if there's anyone here that would like to object or approve. Anyone in the audience would like to speak to this variance? You can come up now if you like. Seeing none, you can come back. I come back. I come back now. Okay. Anybody want to make a motion on that? Hello? Go ahead.

I make a motion to approve the variance requested as depicted on the survey with the revision date of 3-7-2026. Do we have a second?

I second. I'm going to read the six factors for the variance. That 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. however it does because you built it a little too close, that granting the variance request would not confer on an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. 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 granting of the variance would 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 on the floor to approve by Vice Chair Ms. Clemmings, a second by Sonia. Again, we'll do a individualized vote. Dr. Bass? No. I vote yes. Ms. Clemmons? I approve. Your variants have been passed. Thank you. Can I go home now? I'm sorry? I go home now? Yes, you can go home now. And this here, somebody left that there? Oh, okay. I think somebody... Oh, okay. Okay. Thank you. Thank you so much. You're welcome. Have a good day. Mr. Bodie, our next applicant, please.

Yes, item H4. William G. and Paula J. Naber request two variances of Chapter 62, Article 6, Bavar County Code for an accessory structure in an RU-1-13 zoning classification. Application is 26V00030, located in District 3. Okay.

Good afternoon.

Good afternoon.

Good. Can you each take your time, state your name and address for the record, and I'll swear you both in together. But speak into the mic, please.

My name's Andrew Catropa, and I'll be the building contractor.

Okay. William Naber, 380 Nokomis Way, Melbourne Beach, Florida, 32951.

Okay, do you both swear to tell the truth, the whole truth, not the rest of the truth? Yes, ma'am, I do. Thank you. Who would like to present first?

Go ahead. So today, proposing for two variances. We're trying to build a 25 by 25 accessory structure on this property that William is living on currently. This is an existing home. And there's a section of property that's about 102 foot long on his front yard. And the 25 foot setback on the front from the front property line really pinches off. this hundred foot stretch property. So we have it plotted on the survey. We're observing all the other setbacks as far as zoning goes. Ten foot from the canal line, seven and a half on the sides. The only setback that we would be encroaching on would be the front 25 and Being that this is on a radial part of the road and how the property is cut, the accessory structure is going to be not in line with the front of the home. So I've got a few pictures here to kind of... pictures are worth a thousand words. This is the... that's the front of the property in front of the property referring to right where the the boat is and that's where the accessory structure would be would be going in and okay excuse me

So we're not looking at an accessory structure. You're planning on putting... That is correct.

I haven't built anything or broken ground.

It would be in front of where the boat is now.

Yes, ma'am. Okay. Absolutely. And to go a little further, you can... It's kind of a wonderful world of AI. Okay. We would be mimicking the home. It would be a concrete block, metal roof, have the same stucco detail as on the side of his garage right there. It's going to be aesthetically pleasing, sawed around it. We aren't proposing to have any more... other access to the garage other than what the current driveway is.

And what's going to be housed inside of that?

Cars and more importantly fishing equipment.

Correct. No electrical or anything like that?

We'll have power. I've conferred with FP&L that we can actually put its own service on the building so we wouldn't have to come off the house service. So they've confirmed they can do that as well.

Ms. Clemmons?

What would be the reasoning why you couldn't conform to the setback? Why couldn't you push the property back? Push the structure back?

Well, then we would be encroaching on the 10-foot from the canal. The rear setback? Yes, ma'am.

It's exactly on the 10-foot line? Yes, ma'am.

So in other words, what you're saying is all his land property, that's the only place you could put this, because of the way his shape of his property is.

Yeah, it's a very odd shape property, but it's a really good stretch of land right there, too. It's quite a bit. And behind his property is just wildlife, right? There used to be grapefruit groves back there, but they're all abandoned. It's on a canal. To the left of the structure, if we're looking at it, there are no other homes. This is actually the last lot on that side of the block that is buildable.

And how do your neighbor feel on the right of you? All my neighbors have no problem with... In the mic, please. Sorry.

That's okay. None of my neighbors have any issues with what I'm doing. I've actually presented all the pictures and diagrams, and they're good with it.

Okay, good. Okay. Well, let me just check with the audience if that's all you have. I'm sorry. Go ahead, Ms. Douglas.

On this picture with the house here, this PA, this big piece of land here, is... Who owns that? Is that county? Who owns what's behind you?

Right behind it on the other side of the canal? Yeah. That's county property. There's a park back there. Yeah.

Okay. Okay. So that big piece of land with trees and et cetera belongs to the county. Yes, ma'am. Okay.

Any other question? Yes, the other question would be, is there an option to reduce the size of the outbuilding?

If we reduced it, we were actually thinking about going a little bit larger, but to store some vehicles, we didn't want to get too greedy, but to store the vehicles and the space he's going to need, we would like to keep it the size it is.

So with the size, you're going to place a car inside that structure? Yes, ma'am.

Okay. One or two? Overhead garage doors. Overhead garage? Yes, ma'am. That'll be facing the driveway, so you won't see that from the road.

So two cars could be placed inside? Yes, ma'am. Okay. Okay.

Okay. Any other questions? No other questions. I can make a motion on this one.

Yes. Okay. Let me just check to see if there's anyone here to speak in favor. Is there anyone in the audience like to speak in favor to this variance? Yay or nay? Seeing none.

Go ahead, Dr. Betz. Okay. I make a motion to approve the two variances as depicted on the survey dated 3-06-2026. Do we have a second?

I second. We have a motion on the floor for Dr. Bass to approve, a second by Ms. Clemmings. I'm going to read the six hardship questions. One, that special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. And that granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter, to other lands, buildings, or structures in an identical zoning classification. And that literal enforcement of provisions in 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 would make possible the reasonable use of the land, building, or structure. And I'm glad you said you wanted to go larger, but we're not going larger. 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 defument to the public welfare. We have a motion on the floor to approve by Dr. Bass, a second by Ms. Clements. Individualized vote, Dr. Bass. agree approve your variants have passed thank you thank you have a great day thank you too mr bode our next applicant please yes item h5 joseph anthony joseph and sharon ann von venture

Request the variance of chapter 6 to article 6 of our County code for a full screen enclosure and an SR zoning classification application 26 being 0 0 0 3 3 located in district 2 Good afternoon.

Good afternoon.

I just need you to Each one individually. State your name and address for the record and I swear you both in.

Anthony Bonventure, 6305 Moonrise Drive, Merritt Island.

Sharon Bonaventure. Address? 6305 Moonrise Drive.

Thank you. Do you both swear to tell the truth? I do.

Thank you. How can we help you today? We put a pool in and the pool was approved with a footing 35 feet from the house. The screen company came in and put a permit to put the screen right on that 35 foot line and it was denied because they said we were too close to the end of the property. we were three feet we were two feet too close or three feet too close whatever it was we have 38 feet we were putting at 35 feet they said we had to be five feet five feet from the line we supposed to be at 33 feet but that's where the pool is okay

Well, I see this is in District 2. Ms. Clemmons, you want to start off with questioning, please? Sure. I just want to confirm the pool is in?

Yes, the pool is in. That's all I need to know.

That's all the questions? No questions. Okay.

Well, wait, let me just ask this. So the pool is in already, and you just need a variance to- To put the screen in. For the screen of the pool? Yes. Okay, all right. Ms. Clement, let me check with the audience. Is there anyone here that would like to speak to this variance, yay or nay? Okay, seeing none.

Ms. Clements, you can make a motion. I make a motion to approve the variance requested as depicted on the survey provided by the applicant with a date of 3-7-2026. I'll second it.

We have a motion on the floor to approve by Ms. Clements, a second by Dr. Bass, and I'll read out six hardship questions. One, that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification, and that special conditions and circumstances do not result from the actions of the applicant, that granting a variance request that would not confer on the applicant any special privilege, that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification, that literal enforcement of the provisions of this chapter would deprive the applicant the rights commonly enjoyed by other properties in an identical zoning classification, 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 grain of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance will not be injurious to the area involved, or otherwise defiant to the public welfare. We have a motion to approve by Ms. Clemmons, a second by Dr. Bass. Individualized vote, Dr. Bass? Agree. Approve. Ms. Clemmons? Your variance have passed. Thank you. Thank you. You're welcome. Mr. Bodie, our next one, please.

Yes, item H6. Michael A. and Heather M. Shannon request two variances, chapter 62, article 6, Brevard County Code, for an accessory structure in RR-1 zoning classification, application 26V00034, located in District 1.

Good afternoon. Good afternoon, board and staff. Good afternoon. I just want you to state your name and address for the record individually, and I'll switch you both in. Into the mic.

Michael Shannon, 2427 South Pacer Lane, Cocoa, Florida, 32926. Okay. and it's heather shannon 2427 south pacer lane coco 32926 okay do you both swear to tell the truth thank you how can we help you stephano so we are seeking a variance we are new to the area we uh we moved from volusia county and purchased this house in coco and my wife works here in this beautiful county now and i still work in volusia county as a garbage man she works at a school We purchased this property and come to find out there are some structures on it that do not fit the code. We were asking for variance for these structures that are on there. They were all pre-existing. in order to, I guess, if we had to tear these down or whatnot, it would really turn our world upside down, just the cost to do that. And then we purchased the home with those structures on it. So all that stuff was counted in towards the price. So we're just asking for variance.

Okay, but you're asking for two variants, correct?

Yeah, I was not aware until, I guess, after we had submitted the first variants that we actually needed another variants because of, I guess, the square footage on all the accessory structures. We have a couple open carports, metal carports and a shed that, I guess, are outside the limit of what's allowed.

okay well i see you in district one and that is my district um i just want to go over this with you because i can't try to come to your property right i think i got a little turned around but i tried my best to find it but you're like almost in a cul-de-sac correct correct yes okay uh 95 is actually right behind us correct yeah which i don't like so that is 95 behind you yes but and then it's all that those trees and then that's your so that's all of your property right there yeah and there's a canal back there too that separates correct correct okay and everything that's on this property was there when you purchased it correct correct okay All right. Ms. Clemmons, do you have any questions?

I do. What's initiating the discovery of these variance requests? Is there anything?

What's initiating the discovery?

Are you trying to do something else? No.

No, I'm not trying to do anything else.

You just came across that they were not compliant and you're legitimizing them? Correct.

Okay. Dr. Bass? Actually, that was my question, is how did you discover the...

they were not within code uh what it was not aware of the the second one that we were aware of um made aware of but the first one as we were going through the purchase of the property um very late in the game after we had already put all our ducks in line to make the move we found out about the uh the bigger building that it was not ah so when they did the survey okay

So let's just talk about the things that's on your property. Can you name them for me, please?

Sure. You have pictures? Okay, great. We can put the survey up there. we just purchased a new survey too oh okay oh okay before we did this just to make sure everything so you can see the cul-de-sac and then the driveway goes right to the garage and the house there then there's a small fence around the back right next to the home there's a metal uh yeah right there hold on it's backwards for me when i look at this okay Right next to the home is a metal carport. I'm not sure when that was put in, what year or what not. Directly behind that, straight back, is another one, same exact carport, metal all-open carport. And then right next to that is a smith's shed, enclosed shed. And then to the right of that is a building So yeah, those are all the structures.

And what's inside that building?

uh currently there are wrestling mats in there we uh we are a family of many kids and uh it's actually part of why we wanted that they have a lot of fun in there we were using it last night so yeah okay any other questions other questions okay no other questions well let me just step aside and see is it do you have anything else you want to say by chance

Not unless you wanted to see photos or anything like that. If you want to show it to us, you can. That way it's not an eyesore or anything for anybody. Okay. Okay.

The other thing is our neighbor, he doesn't have any issues with anything. We get along with both of our neighbors next to us.

i just need an album that way you can can see oh no it's on your phone oh no it's okay no no no no that's fine okay so just step aside let me speak to the words does anyone here that want to speak to this various come up please and state your name and address for the record and let me know if you for it or against it yes ma'am good afternoon thank you thank you thank you pull a microphone down to your mouth thank you May I have your name, please, for the record?

Yes, my name is Fabiola Frank, F-A-B-I-O-L-A. And your address, please? 2446 South Baster Lane. It is on the county, but it's a cocoa mill address. Are you a neighbor? Yes, I am.

Okay, okay. Are you for this or against this? I am against it. You're against it. Okay, please tell us why.

Okay, I live in that cul-de-sac.

Yes.

And I think that the people that owned this before and this couple, from what I understand, are friends. And that's correct. There's a wrestling...

Wait, speak into the mic because I need to hear you.

Okay, there's a wrestling business there.

There's a wrestling business there? Yes, there is. On his property? Is that what you're saying?

And the property, yes. Okay, and I do see the pickup trucks for the last two years come in to drop off the customers Okay, wait, let me stop.

Yes. I'm not talking about the last two years.

I'm talking about this variance right now Because those people moved very quietly correct and then this couple moved in correct, okay, so for the last two months they have lived there for the last two months what for the last two months i've seen him there i've seen people there i think it was closed the deal or whatever it was on april the beginning of april okay let me stop you again i'm sorry you got to speak to me very clearly and i'm going to tell you why i just need to be very clear yes

He's here for a variance to legitimize the things on this property. You're saying you object to it, and I need to know what is your objection. What is your objection?

My objection is that we'll continue to move that bar.

Continue to move the barn?

The bar. So first, the building was built, I understand, because I came here three times. I am an architect and an engineer. I came here three times to this building. Building this complex to tell them that there was not a building permit to build that building Furthermore we have which maybe they don't know about it. We had that is a ditch restricted Property subdivision Okay, there's a unit for that's unit for of the ranch subdivision That number eight, I own number seven, and number eight, lots in there. Their property is number 12. Everyone that comes through there to their place at the end of the cul-de-sac are speeding, bringing pickup trucks and customers to that building, which is being used. What I can see right now is going to continue to be used. It's not a wrestling. This is a huge building. That is a business to train martial arts, that's what that is. I think this is just validating those buildings which were built with no permit, so they continue to do the same thing that the other people did. As you can see, she might be working here, he still has a business out in Volusia or whatever, but we, the people of this subdivision, have to put up with this, which I will complain about it eventually, but I came here three times and nothing was done. by the building department. I can't tell you exactly where I went, but yes, I know where I went, and I spoke to the lady in the office, and she told me she was taken care of. That is, that whole subdivision, It's a ranch subdivision, and it's a district subdivision, and in case they don't know about it, because apparently they bought a house that they did not go and do research on it, but I will be enforcing that. So if that is the purpose of this, all they're doing is validating those buildings that were built with no permit, so that then we continue to move that bar.

Okay.

That is my opinion. Okay. So that is what I am because I think all we're doing is continuing to validate what is already did not follow the procedure of going and getting a permit to build these buildings. And if they didn't know that those buildings were too large by so many feet, they should have known that. So I don't believe that, and if you want me, I can raise my hand, that I'm telling the truth, but I personally do not believe that they did not know that those buildings were not properly built. At the very minimum, and I know that there are Neighbor at least one of them that no he's not happy with it. But what you're doing I'm sorry is you're putting this into the neighbors and of course neighbors don't want to get involved in this and But I do, because I'm old. I'm going to be 84 years old next week. And I guess if somebody, you know, want to do away with me, they can go ahead and do it. But what I'm saying is that, yes, I know that there is a problem with the neighbors. That is, I saw where it is. People move there to have the land. The building is an aluminum building. That's against the restrictions. And this is just a continuation of what was there before. And I do have a problem with it.

Okay, thank you.

Is there anyone else in the audience like to speak to this variance, please? Come on down. No.

No, no, no, no, no. You're finished. You can have a seat, please. I'm speaking to them. Thank you. Thank you for sharing today. Thank you. Thank you, ma'am. You're welcome. okay good afternoon just state your name and address for the record and then i'll swear you both in in the mic i can't hear you

Mile from Fabio. Okay, and your name? Jane Provancha, 2562 Meadow Lane, same address as him.

Okay, do you both swear to tell the truth? Absolutely. I do. Okay, how can we help you?

Are you for it or against it? Well, I understand the hardship of the building being there, but what's the ulterior motive for the variance? If they are going to, because I've had to deal with this before with people on our block or on our street, where they bring a business in and then eventually the county has to get them out of there. So I would just ask them, you know, I don't want the building to be taken down, in my opinion, but I certainly don't want clubs or other people using that building and if the ulterior motive is to have a wrestling club or MMA club there and you have your friends come in there and conduct That's not what it's supposed to be for. You bring in extra traffic into the subdivision. Somehow it got through code and they were able to buy a house without a 1700 square foot structure being built on the property, which kind of baffles me. I don't know how that gets by. But I think it's a hardship case to take the structure down. But if you want it up because you're going to do business, some type or some type of athletic event or club meetings and bringing in extra people, extra cars and traffic, I have an issue with that. And what would you like to say?

Thank you. Mine is similar. The neighborhood with the deed restrictions that were brought up by our other neighbor, we live a little bit further up. The beauty of our neighborhood is the quietness and everybody being on one to five acres. It used to be, I'm not going to belabor it, but it used to be perhaps for horses and things like that. So it was more open, right? But quiet. We really are against... Business is being brought in, and we've noticed a few people have taken advantage since COVID, you know, people working from home, that's totally fine. But there are people who have begun to do things that we've, fortunately, it's changing a little bit, brought in like mechanic shops. You know, you had somebody that had some money in earlier years, had a bigger garage or a facility, something like that. The neighborhood's not made for environmentally dealing contamination. It's not made for a lot of cars coming and going. That's our only concern. I do understand the problem of buying a house and suddenly realizing there's a building that wasn't supposed to be there. But again, I don't know how that happens either. So you guys can maybe work that out.

I think, you know, he has to be honest that, hey, this is not going to be used for anything else other than... Bringing in traffic, not a good idea. You know, our family, our immediate family, and that's it. It's just for storage, parking cars, and if you want to roll around, I get it, with family, but not bringing in friends and businesses and extended, you know...

So I just like to say, maybe it's me, I don't know, but when you purchase a house, how do people tell you who can come to your house or who can't come to your house? That's the only thing I'm trying to say.

That was a bad statement. Yeah, that was a bad statement. Not a good one. Yeah, that wasn't a good one. But not in business. Because I'm like, I'm a homeowner, and I refuse when my neighbors tell me who can come to my house. Bringing in business with a lot of people is kind of our concern. The business. Traffic and all that. Okay, I get the business part.

That's really it. Okay. Thank you. Wait, we have a question.

What's your question, Ms. Clements?

is a club of business so there you get into that definition okay we will do that yeah that's good wait miss clemens um as for the homeowners association are you actively registered and is it voluntary or is it mandatory no no no there is no question

There's no classic HOA there. The deed restrictions are what they are or were written in the late 70s, and they're very clear, but there's a lot of disconnect from people abiding by the deed restrictions. I will admit that that's the case, obviously. It really was built for a particular type of scenario, and there is no HOA or anything like that. There's just people having to get up and go to the county and talk about things occasionally. Okay, that's where we're at. Thank you for being honest. Thank you.

Is there anyone else in the audience? Sir, in the back, are you here to speak to a default for this? No.

Okay. I'd like to also mention that there is an active contractor licensing code case on the building for building structure on the property without any permits, and it's still active. And this was done in 2023, so it's been... three years that this code case has been active.

So you closed on the property with an active code case? Come back to the register. Is there a reason why you did?

Is there a reason why we closed on the property?

Yeah.

We're an active co-case. Yeah, because we were that far along to purchase the property.

Is there a connection between the previous owner and you guys?

We know them. We are not friends with them. They are acquaintance. That's how we found out about it. But as far as a business and everything, there is no intent to have a business on our property solely for us and our family. That's it.

I mean, if we have, like, our kids do have friends, we have, they range between 4 and 10, and we have a 19-year-old and a 22-year-old, so they are going to make friends, and friends are going to come over if they see the building, and they want to go in there and play dodgeball or whatever they need to, but they're... To have a business, that's not what we're trying to do. We're not trying to do what the last people did. It's more for our family to get better. We moved here for the schools, my school that I work at. There's more opportunities to get scholarships for them by having that available 24-7.

and the last thing we want and thank you for the neighbors thank you for coming up here and sharing your concerns i don't want to be any you know pain in the butt to any of our neighbors unfortunately the first time i met our neighbor here Our kids were making too much noise on the street, running over some sticks, you know. And, you know, she yelled at her kids. I went over there, talked to her, introduced myself. But that's, unfortunately, the first time I met her. I wish it was on better terms, but it was yelling at my kids, which, okay, they were putting sticks in the road, running over it with their bikes. So this neighbor here is to the right or the left of you? She's to the right. She's like way up. I did notice she was driving back in our cul-de-sac. I don't know why she's driving back in our cul-de-sac. There's no reason to go back there. So let me ask, this is what I don't understand.

Why do you care to legitimize the building? Why does it matter to legitimize the building at this point?

Well, I was told that there was an active, like, thing against... Wasn't it separate than the code? I'm sorry, what was that?

I'm just trying to get to the reasoning of why you want to legitimize the buildings under what preface, because the code was, if it was active when they closed, they had to sign something.

case against them for not having a building permit i'm not sure if they're trying to get the building permit and they have to get the variance to be able to get just trying to make it right and like if say we were to ever sell it in the future they're gonna the next people are gonna run into the same problem so why not fix it now if we're willing to

Understand, but also there's something that's not clicking as to why would you sign up for something that wasn't necessarily your problem. So that's where my reservation is because it doesn't feel authentic. And I'm all for using your space the way you want to use your space, but this isn't a brand new discovery. You couldn't have closed without acknowledging that open code period. and we knew about that as stated before so far along in the in the process and where we were at with i understand these move and everything we we did know that and we did but also you had sellers feet to the fire and they could have worked diligently to close it out i'm very familiar with this i saw your folder it's island title that wasn't a brand new discovery right before closing i deal with them on a regular basis they caught that way in the beginning

Yes, but time frame, like...

I understand that, but I also know that that was your premium time to make the seller perform, and you chose not to do that. So that's where my disconnect is with this because it doesn't seem authentic or legitimate.

Yeah. So what do you want to do with the building? Do you want to make it a business? No.

You don't want to make it a business. If there's like an active thing against our property, I want to get that taken care of. I don't like that. So I would think the variance and then getting it permitted, it would be the way to go. That way I don't have anything on our property pending. I want to, whatever we have to do to get it right with permits and

for the building or whatever but i i think this would be the first step is getting the variance that's again like where i'm not where it's not flowing for me because if you were trying to close out what was actively open then that should be this is is this the resolution or is this not the resolution but you don't even know that answer so that makes me curious as to why you want the variance on the front end what would happen if we bought it and we

Yeah, I don't even know how to word it. I think we have to get the variance in order to get the... That's right.

Why don't you know that answer?

I guess that's my question. That's what I was told, that we have to get the variance in order to even get the building permitted because it's not within code. How could we get it permitted?

It's an active open permit.

it's active not by me right they don't have a building permit yet they have a code case against them for having a building without a permit okay so they're probably trying to my thoughts is they're want to legitimize the structure to be able to apply for the code building permit you could have always applied for it and then it would have been held up because it doesn't meet the zoning code

nobody's applied for a building permit yet for it yeah so there's not an act an open it's a code violation yeah yeah that's what we were told there was a code violation i guess brought up by our neighbor here previously is there any like knowledge as to when the code violation began yes

The complaint was received on 12-21-22. Initial investigation was started on January 26, 2023.

I don't know. I just feel like there's an inheritance of issues. And I don't know that it'll go away with gray taking the variance in my opinion.

It doesn't necessarily go away. You've got kind of a catch-22 here. They're trying to retroactively get a building permit, but they can't because the size of the structure is outside of code. So the variance at best to legitimize the structure would allow them to apply for the permit whether it gets proved or not is another issue.

I just don't want to get teared down for no reason when we're trying to make it right.

I guess the next question is what's the next step with the code violation?

I'm not real sure. It looks like the last interaction was with the island title that they had, contractor licensing had with them.

So let me just ask a question. I'm sorry. So if the variance is not granted, what happens then? So we're saying the code violation. It's the code violation. Okay.

So they still have the contractors licensing for having a building without a permit on the property. So that's still going to go on.

Okay. So to stop that, they need a variance.

They're going to need to get the variance so that they can apply for the building permit.

So let me ask you two, you're stating to us right now, you're not trying to open a business in that building. You're just trying to legitimize it so you can get out of the cold thing. Correct. Okay.

our kids they'll come over and bring in their friends and wrestling but it's not going to be anything like what they had described I'm not gonna have people going in traffic selling tickets but I get it I get it but you're saying you're not opening a business so what's the what's the extent of this wrestling

I mean, we're fully vested in our kids in the sport of wrestling. That's a sport. Yeah, it's, I mean, they're very good. It's, yeah, my son graduated college wrestling at Southeastern University, just graduated. So, I mean, my whole family's wrestled, so we're fully vested in it.

There isn't a secret LLC out there? No, no.

And by the way, I don't have time to run another business, club or anything like that. I work long hours as a garbage man.

Well, I think that for me... We're barely home. Well, you're home enough to have her acknowledge the traffic.

Not since I've been there. I would like to hear what she's saying since April, because if there was a lot of traffic prior, I don't know about it, but we're the only ones that go to her house. I do have four old vehicles. that are parked in the yard. I've got a 2000 pickup truck, F150. I've got a 2002 Chevy. I have a 2007 Tahoe. I don't have anybody that goes to our house. We're new to the area.

Okay. Do you want to have a discussion?

Sure.

Any more questions after this? No. Okay, one sec. Discussion.

I guess I found out. What's next? I don't know.

Okay. Well, after that discussion, do we have a motion on the floor? Is there a motion to approve this variance? Seeing none, this variance didn't pass.

So what's our next step? I mean, the building's still going to be there.

Do you have to have a vote for non-approval?

Motion and vote to deny if that's how you're so inclined. Right. So we'll make a, there's no motion on the floor. It's a motion to disapprove the variance. yeah if that's you know the outcome of that's the outcome yeah individualized vote dr bass no sonya no well do a motion have it seconded to deny so we have a motion to deny a second do we have emotions in that address yes a motion to deny the variances by dr bass a second by ms clemmings now individualized vote dr bass

you're you're approving the denial i'm opposing yeah you're you're agreeing to the deny i'm agreeing to deny the variance i agree to deny the variance okay i was going to approve the variance but the variants have been denied so then again what was our next step the next step is what mr bode

you could reduce the size of it and get a permit for it that's undue hardship i can't i can't do that so we're gonna like pay 30 000 to take it down i don't know what it would cost me either i don't know if it could be reduced in size too to meet the requirements and now it's quite a bit of a square footage over the requirement so what's our options besides those are your options

To basically just tear it down. Tear it down. And it costs money. To rebuild something.

It's made out of metal, isn't it?

That's going to cost us a hundred thousand dollars.

Pardon? Yes, it's a metal building.

A hundred thousand dollars.

You don't know.

Is she allowed to say something?

Can she come up to the podium?

Well, that matter's been resolved.

You need to get up in front of the microphone, please.

The first thing I want to say is this. There is no HOA there is an active deed restriction, which a lot of neighbors I'm very sure don't know about that because they don't give it to them when they buy the lot. I do have it because I have been there since 1979. I have the original with me, but I reduced it into legal, into letter size, so that I could pass it around, because I will do this, because I have noticed that the neighborhood is going to pass.

What's the resolution? Indeed, restrictions are not relevant to this proceeding.

But what I'm trying to say is that, because you asked if there was an HOA. Yes, there is the restrictions, which renews itself automatically every 10 years. It is active. Just people who know it, but I want to make sure that people do it, including these people.

Okay, but right now that's irrelevant. Let me tell you. No, no, no, ma'am, ma'am. I'm going to stop this discussion right now.

I was going to suggest something so they don't have to tear down the place.

Well, you guys can do that privately.

Yeah, you're going to have to discuss that out. But right now, right now, the variants have been passed not to pass their variants. So if you have a resolution for them, I suggest you definitely discuss it with them right outside. But right now, this variance is done. Do I read the six?

That's fine with me.

Ma'am, can you please step away from the podium?

Thank you. One of the things you could do is if you could revise the building to a different size, you could reapply for a variance. So if you could reduce it, I don't know, 100 square feet or something like that, you could reapply for another variance. I don't know if we're going to.

So is there a way to, I guess, object to you guys?

You can take it to a court.

You have 30 days to do that.

Council? Is it court or is it council? You have to take it to court. You have to get it into the court system within 30 days.

If you disagree with the way the outcome was. So there's no way to put this on the council?

If you would like, we can talk to you more after the meeting is over with.

Okay. But for right now, it's been denied. I know they go off your recommendations. Sure. Is that an option?

We can speak to you after. Definitely speak to them after. The meeting is over. When the meeting's over, we can speak to you further. All right. Appreciate it. But for this, we're... Okay. Thank you.

I see that concludes our meeting for the day. This meeting has been adjourned.

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