Board of Adjustment on 2025-04-16 1:30 PM - Apr 16, 2025

I now call this meeting of the Bavard County Board of Zoning Adjustment for March 19th, I'm sorry, for April 16th to order. Would our vice chair please explain to applicants in the audience the definition of hardship? Wait, did you need me to read in to the... Mr. Brody, yes. Brody. Yes, Ms. 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 Bavard County Code. The Board of Adjustment is empowered to hear requests for variances to the zoning regulation and signed regulation in Chapter 62, Article 6, and Article 9. Pursuant to Florida rules of appellate procedure, any persons jointly or severally aggrieved 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 10 items on your agenda today. Thank you. Will our vice chair please read undue hardship? Undue hardship. A variance may be granted when it will not be contrary to the public interest and where, owing to special conditions, the literal enforcement of the provisions of this chapter 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 landowner cannot yield a reasonable use and or a 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. Thank you. I would like to address our board members, the applicants, and our audience about the procedures that will be followed during these procedures. The Board of Zoning Adjustments, with members appointed by the Brevard County Board of Commissioners, will utilize Robert Rules of Order to conduct its proceedings. The Chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentation, we will begin board questioning with the board member who represents the applicant's district. When concluded, questioning 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. We're asking each speaker to be concise in what you have to say. It's important that you stay on the subject and to avoid information that is not relevant. All persons speaking must provide their name and address for the public record, and also we ask that you spell your last name. Those wishing not to verbally state their address may ask the clerk at the podium for a dress card. Please pull it out and return to the clerk. Are there any questions regarding these procedures from the board members? Seeing none. Are there any questions regarding the procedures from the applicants or from the audience? Seeing none, we'll move to our next order. We will go to the meeting minutes. Any changes, or can we make a motion to approve? I'll make a motion to approve the meeting minutes as distributed. We have a motion. I'll second. And a second by Mr. Hoffman. Thank you. Okay, Mr. Bodie, can we have our first applicant, please? Yes, item 8. Can we call a vote? All in favor? Aye. Aye. Thank you. Mr. Bodie? Yes, item H1. applicant, Aubrey Williamson requests two variances, Chapter 62, Article 6, Bavard County Code for a principal structure in a RU-2-10 zoning classification. Property is currently zoned RU-1-9. And the application number is 24V00049. Located at tax count number 2743-715 in District 5. Can the applicant come up, please? Good afternoon. My name is Nathan Maloon, M-E-L-O-O-N, 1990 West New Haven Avenue. I represent Ms. Williamson, who will introduce herself. Hello, my name is Aubrey Williamson. I'm at 125 Franklin Avenue, Indy Atlantic, Florida, 32903. Good afternoon. So we're here today on my client's variance application. And I'll let my client briefly go into it. But essentially, and I have one brief handout for the board, and I have a copy for staff as well. But it's a screenshot of the zoning of this property. And one of the interesting things about this area is that my client's property, which is at the corner of Franklin and North Palm Avenue in unincorporated Indy Atlantic, is the only one in the area that zoned RU-1-9. And all my client's looking to do, we're looking for a future rezoning request, but this is kind of a prerequisite to that. And all we're looking to do is to kind of undo what looks to be spot zoning and just have consistency with the other zoning in the area. I'll pass this out very briefly to the board, and I'll provide a copy to the county as well for the record. And then I'll have my client go into her application. Okay. And just for clarity on this picture, my client's property is the one that's RU-1-9, and there's a little dot in it. And it's kind of, the picture is centered on her property. There's no addresses on here, nor, like, cards or kind of whatever else you would call those that might come up, just so we're clear on which property that is. I'll have my client kind of go through what she's looking to do, and then we're happy to answer any questions that the board has. Okay. So today, with the variance... You just speak into the mic. Yeah. Sorry about that. With the variance, the front of the property and the back of the property don't exactly align with the rezoning that we are looking for. And obviously, when the house was built, it might not have aligned. It's a 1950s house. But the idea is just to be realigned with the rest of the neighborhood. We are the only one that's an RU-1 through 9. So we want to maintain the integrity of the neighborhood and be realigned with consistency there. Okay. This is in District 5, Mr. Hoffman. Good afternoon. I did not get a chance to drive by your house, but I did do the little walking dude on Google. And I saw no problems with it. I'm also impressed that there's a letter here from your neighbor that says she has no problem with it. And I didn't see that there was a... There already is a hedge and a fence out at the street line on wherever that front street is. Didn't seem to be a traffic hazard sight line interference. So I have no... I have no objections to this application. Any questions? One. Maybe two. I don't actually remember the continuance on this. Why was this continued until... It says it was continued from the July 24th meeting. Do we know why? Unaware. You're not aware? Were you ever here before? No. This is my first time. It wasn't continued. It wasn't? No. We never heard this before. We had been waiting for her to get a survey of the property. An old agenda. I probably have the old agenda. This is October. Yeah. Well, I'm back in October. That would answer the question. Thank you. Thank you. That kills that idea. Any other questions? Okay. Can you step aside for a minute? Thank you. You're welcome. Does anyone from the audience would like to speak to this variance? Yes. You may come up, please. Hello. Can you state your name for the record, please, and spell it? Yes. My name is Rosemary Sauer, S-A-U-E-R hyphen C-A-R-R car. And we own the property at 123 Franklin Avenue, right next door. One comment, I guess it was stated that there are no other houses that are zoned, the 1.9. It's my belief from the diagram that the one right behind on Grosse Pointe is identically zoned. I happen to know the people that live there, but that's not why I'm here. My concern is we've owned the property going on 10 years. It is a duplex. Franklin Avenue is pretty much a residential, very quiet neighborhood. There are rentals, i.e. our duplex that's right next door. So we have two tenants there that have been there going on seven years and five years. So they're long-term tenants. They're not turn-them-over and, you know, they're not Airbnbs or VRMLB, whatever they are. It's my understanding and my only concern is that the primary motivation in doing this at rezoning is to make it Airbnb. We are really opposed to Airbnbs in the neighborhood, and mostly in the Atlantic is as well. So that's our concern, and we're right there on the property line. And when you say now concern, who's our? My husband. Oh, okay. Way back there. So that's all I got. Okay. And one other thing. The hardship letter that I did read was pretty much it was saying that they wanted to be able to rent it. It has been up for rent for $3,300 a month for quite some time. It's my belief, by renting and owning this property for as long as we have, that the rent amounts are a lot less in the neighborhood, even though it is a three-bedroom. Thank you. Wait one moment. Come back. Do anybody have any questions? I'm sorry. Yeah, now I'm at the right left. I'm not very good at this. I think I might, yeah. So basically everybody in the area is RU, correct? Is owning? Yes. That's what it looks like. Well, there's a, I got this off your website, quite frankly. I don't have your handout that was distributed, but it appears, I'm sorry, I've got a lot of paper. Our duplex, it looks like it's RU210. Okay. But it is a duplex, and it's. And you said you had renters in it. Oh, for, yes, seven years and five years. And if you go around the neighborhood, they're mostly the same thing. Long-term rentals or residential owners on Franklin. Long-term rentals in an area of a duplex or a house? There's another duplex on Franklin right next door. They were built at the same time. And those are rentals as well. Okay. Would that be on the same street or? Franklin. It's 121, and ours is 123, and their home is 125. Thank you. Uh-huh. I'm happy to give her a, one of the sheets I handed out. Oh, thank you. I got this off your website. Okay. Thank you. Thank you. So, I do have a question. One more question. One more question. Sorry. All right. So, their intention is to turn it into a rental. That's your statement? I don't know for a fact. All I know is it's on Zillow for $3,300 a month and it's been on there. What restricts you from turning your rentals into an Airbnb? Honestly, I've never looked into it until this. I didn't even know we could be an Airbnb. We have no intentions of it. But you have no zoning restriction? Not that I'm aware of from learning that this week. Okay. Thank you. You can probably tell me more. I could answer that question for you, Kevin, if you'd like. Would you like me to answer that, Kevin? Yes. He did. Yeah. He said, would you like him to answer it? No. Go ahead. Go ahead. Yeah. The multifamily zoning classifications, all the RU24 through 230, allow for a permitted use for resort dwelling. Resort dwelling, by our definition, is rentals less than 90 days in a row or three months in a row. It is a commercial use. You have to get a business tax receipt for it to do that. You have to have it registered with the state hotel and restaurant to be able to get your business tax receipt. So, any of the multifamily zonings allow for it. So, she can turn it into an Airbnb? Yes, she could if she wanted to. Okay. That answers my question. Also, the property directly behind this is not multifamily. It's RU19, the same zoning. Okay. Thank you. Good. Thank you. Okay. Thank you. You can come back up now, please. There may be more public comment. Oh, we have someone else? I think we have another one back here. Oh, I'm sorry. I didn't see your hand. Hi, my name is... I'm sorry. Do you swear to tell the truth, the whole truth? I do. I swear to tell the truth, the whole truth. Your name, please, and spell it for the record. My name is Beth Claus. I'm actually Ms. Carr's tenant. Okay. Can you spell it for the record, please? Ms. Carr? Your name. Your name. C-L-A-U-S-E. Okay. Thank you. And I live at 125 Franklin Avenue, West Unit. I actually live right next door to the subject property. This may be a little bit premature, but the reason I'm here today is because of the animals that are protected on that property. Specifically, we have some eastern screech owls that are nesting at this time, and they are protected by the Federal Migratory Bird Treaty, and they're also considered what are called rafters, and they're protected under Florida law by the FWC. We have two screech owls over there right now. They've got eggs. They're living over there. We've also got some other birds who have nests over there. So, my concern is what's going to happen to these animals when they go in and they start constructing this. So, let me ask you, when you're saying over there, you mean at her property? Yes. Okay. Yeah, these are located on her property. I have pictures I can show you if you'll let me approach. I also have the statutes if you'd like to see those. Approach. So, may I approach? Yes. I only brought three copies because that's what I'm used to having to bring. We'll need a copy for our folder, too. Okay. The screech owls? Let's make sure he gets a copy. Can you give them a copy? Will you guys part with one? Your copies are good. Yes. Oh, he's the one I'm talking about. And this is the guy that we can start working with. This is the girl. If you're going to speak, we need you to speak into the microphone because it's being recorded. Okay. So, this picture that I'm presenting to you is the female screech owl who is right now sitting on eggs. There's also a male screech owl who feeds the family on a regular basis. I was able to take this picture on the 11th, and I saw her as early as last night. And if there's any doubt that that's a screech owl for you guys, I did pronounce a screech owl. So, as I stated, screech owls are protected federally and by the state. It is illegal to mess with their nests. It's illegal to mess with them. It's illegal to mess with their habitat. And I believe there's pretty severe penalties if it's done. Some owls have already disappeared from over there that lived in a shed that they tore down. But there's nothing we can do about that. But we can save these two that are left. So, that's why I'm here. So, thank you. So, my question would just be, so the owls are living in a tree, right? What does that have to do with her home? The tree is on her property. Okay. So, when they go to do the construction, obviously, they're going to have to, there's a lot of trees on the property over there. They're going to have to take some of those trees out. Okay. And that's also, the construction itself is going to disrupt their nesting and their habitat. Okay. So, yeah. Okay. That's my point. So, what I hear you saying is that the owls are in the tree and they're going to remove the trees off of her property. Is that what you're saying? Even if they don't remove the trees, just the construction itself ripping down this old house is going to disturb all of the animals over there. It's not just owls. There's a lot of stuff over there. Okay. Okay. Any questions? Because the house has been there a long time. I just have one more question. Have you contacted FWC about this? I have. I haven't gotten a response back from them. There are certain permits that they will do, but you have to meet certain requirements to get those permits. I believe like an owl box or something is one of the things that they could do, but then you have to make sure you go through the proper procedures and the owl actually goes into the owl box. Sometimes they don't want to go. They want to stay right where they are because these birds tend to stay their whole life in the same spot with the same mate. But nobody from FWC has come out, correct? No. And we've also sent information over to the state of Florida and we've sent information over to who, I can't remember, one of the universities who does a lot of studies on these owls just to see, you know, how it could affect them. Okay. Thank you. Any other questions? Seeing none, thank you. Thank you. You may come back. Do you have any rebuttals or anything? Yeah, two brief rebuttals. I still didn't get a copy of the document she passed out, but I think I'm okay on that. Okay. I just want to be clear that we want to be treated the same as the owner of the property next door, and I do want to be clear that kind of this one, there's two properties here. I couldn't see the line. It's where the RU 1-9 is, but these two RU-1-9 are essentially a spot zoning in the area. Anything about what my client intends to do would have been just pure speculation on the part of the witness, and the fact that she mentioned it's listed on Zillow for a long-term rental would actually show what the intention is for the property. Also, as far as the owls go, and I can have my client answer these questions and go to this as well, but they're currently in those trees. There's no plans to do construction on this. This is kind of current. This is allowing the variance as it is. We want to keep the owls. They're good for the area. They're obviously protected by the various laws that protect the birds, which are very important. And as far as the shed, my understanding on that is that the county ordered the shed to be removed and that there were no owls in there at the time of removal. And my client can answer any questions about those. She knows a lot more about that. But, again, we don't want to hurt the owls. We want the owls to stay where they are. We're not going to do construction or otherwise impede the owls. Okay. I have a question. Yes. I just want to get a positive statement in there. Your intention is to, if you do interior renovations, that's fine, but your intention is not to remove or replace the primary structure because your application says that you're trying to legitimize what's there now. Yeah. And that was a yes, I believe, just because I know we have the core reporter here. I'm not speaking to the mic. Thank you. Yes. Kind of going back to what we're trying to do. Like, we love the house. We love the area. And we're just trying to stay authentic to it. We've spent a lot of time renovating the inside. We have no intentions to do anything, to alter it, to take down any trees. The only thing that we did was remove the shed because it was illegally, like, where it was placed on the property was illegal, and we wanted to be compliant with the code. So that's all we had intentions to do. Thank you. Thank you. Thank you for your consideration. You're welcome. Thank you. Thank you. Mr. Hoffman? I make a motion that we approve this application based on survey dated. You took my – what's the date on the survey? I took it. I gave it back. You did? No, you gave me back one piece. It's dated January 21st, 2025. Okay. I'll reiterate. I make a motion that we approve this application based on the survey dated. January 21st, 2025. What he said. Yes. Thank you. Okay. Want to take a vote? No, we can get a second. We can get a second. I'll second because I have some questions for staff on this one just for conversation purposes. Okay. So I just want to make sure I understand exactly what they're asking for here. It's zoned one zoning, but their intent is to get a different zoning designation. So the variance that they're asking for is a variance to the proposed zoning, not the existing zoning, correct? That's correct. Okay. And the only reason they need the other zoning is because of the use that they want to do, and that's going to be determined by the P&Z and the county commission. And the county commission is going to have the say on what gets rezoned to the multifamily zoning, RE210. Okay. So our mission here is just to talk about the setbacks for the structure only, not for the proposed use. That's for a different board. That's correct. Okay, great. That's why I want to make sure we're clear here. And issues with things like environmental, that's for another board, and that's for staff and the state and the federal government to do their job. I don't know if it's a federally protected bird or whatever. That's for somebody else. Okay. I just want to make sure that I understood. This is my first day here. So even though I've obtained and applied for many variances and was on the planning and zoning board for a long time, I just want to make sure that I'm focused on what this board does here. So thank you for your help there. Okay. So we have a motion on the floor for approval. Do we have a second? Yes. Second. Yeah. An alternate. He can second it, correct, Lloyd? I'm not sure, for example, what district he's here. District 2. District 2. District 2. Alternate. Alternate for District 2, and there's nobody here from District 2. Okay. Okay. So we have a motion to approve by Mr. Hoffman, a second by Mr. Moore. Can we have a vote? All in favor, say aye. Aye. Aye. Aye. Anyone against? Please say acknowledge it. I'm against. Let it be acknowledged that Mr. Hoffman is against. That's right. Mr. Humberg, I'm sorry. Okay. Does motion have passed? Does variance have passed? Mr. Brody, can you give us the next variance, please? Yes. Suzanne Cook, trustee, request two variances. Actually, it's two variances to Chapter 62, Article 6 of our county code for an accessory structure in the principal structure in an RU-1-13 zoning classification, applications 24B-00053, located at tax account number 2431745 in District 2. Good afternoon. Good afternoon. Good afternoon. We're going to swear you in. Do you swear to tell the truth, the whole truth, or nothing but the truth? I do. And can you speak into the mic and just tell us your name and spell your last name for the audience? My name is Suzanne Kowalski-Cook. I live at 1270 North Banana River Drive, Merritt Island, Florida. And just spell your last name, please, for the record. C-O-O-K. Thank you. Good afternoon, members of the board. My name is Joseph Bichon. I'm an attorney. I represent Ms. Cook here today. My last name is spelled B as in Bravo, A-C-H-A-N-D. Okay. And how can we help you today? Yes, ma'am. And so it's patently clear. I came on to this matter after my client had made this variance request. We only have a single request today, and it relates to the setback on the southern portion of the property. There is a, has been presented, I've provided you with photographs as well as an engineering report for your review here today. I'm going to, if I may, briefly give a synopsis of my client's condition. And then, if the members would like, I'll have her give sworn testimony. Is that acceptable? Yes. Thank you so very much. My client, Ms. Cook, purchased this property at 1270 North Banana River Drive around May of 2011. When she moved into the property, there was a plastic structure which was on the southern portion of the house. It was on a concrete slab. Fast forward about 10 or 13 years, she, that structure has now dilapidated. She goes and she hires a handyman to see if it can be repaired, and it turns out that it cannot be repaired, that it needs to be replaced. She replaces the shed that is on the southern portion of her property. When she does so, you can imagine that there was, this was a separate structure sitting on the south side, it encroaches upon the seven and a half foot setback on that southern border of the property. When she replaces it, she attaches it to the existing structure. And I'm going to have her describe for you the photographs that have been provided, which show the condition of the property as it exists now. She learns later that this property is within the setback, and that's what precipitated her request for variance. I believe we have brought today an engineer who will testify as to the construction of the shed so that they can advise the board as to the condition of the shed. I believe that you'll also have, I believe today there's a pastor, Kevin Radlin, who is the representative of the owner of the property that abuts on the southern side, and he's going to give testimony here today regarding his thoughts about the shed. I believe, if the court, or I'm sorry, if the board would allow me briefly to inquire of Ms. Cook. Yes. You can, is it all right if she remains seated? Yes. Yes, thank you so very much. Fine. Madam Chair, can we interrupt for a moment? We realize that in your agenda packets, you did not have the correct survey and hardship worksheet to correspond with this application. Correct. Can we move this item towards the end of the agenda so we can get you a copy of those real quick, that you'd have a chance to review that? Yes. Okay. I understand. Thank you so very much. Okay, is that okay? Okay, thank you. So we will go on to our next applicant. Okay, Mr. Bodie, please, our next applicant. Yes. Item H3, Thomas G. and Michelle D. Schrader request variance of Chapter 62, Article 6 of our county code for an accessory structure in a detached garage in an RU-1-11 zoning classification. Application is 25B-00004. Located tax account number is 2801759, 2801758, 2801768, and District 5. Okay, do you swear to tell the truth, the whole truth? I do. And your name, and can you spell it for the record, please? Thomas Schrader, Jr., S-H-R-A-D-E-R. Thank you. How can we help you today? I am the homeowner at 2781 Oklahoma Street in Melbourne, Florida. I'm here to request two variances. One is for a chicken coop that I built too close to the property line inside of the setback. And the other is for an accessory structure, which would be the sizes in excess of the standard code. My home's location and its lot preclude the addition of the attached structure, which would meet building code. So we'd like to build a separate building instead of a garage attached. Our septic system is directly behind the house, and there's trees all around the house that have been there 20 years, at least because I've been there 20 years. There's also a power pole. So the plan is to build a large garage, and it's only going to be for storage. We have a few extra cars and a boat. We want to get an RV. We've reached out to our neighbors within 200 feet of the property line, and we met five of them. We were on a Saturday morning. We got signatures from five, and we left a letter to each on the doorstep with contact information in case they had any questions or concerns, and we got no contact. Okay. Thank you. I see this is in District 5. Mr. Hoffman? Thank you. I didn't go on to your property, but I did drive down to the gate. You're pretty well isolated back in that corner. That's right. I really don't have any objections to this. It's very good that you brought written documentation of the neighbors. I'm assuming those are all positive letters or you wouldn't have brought them here today. It's a letter to them saying, hey, this is what we're planning. Did you get responses from them? And we got signatures. The other folks didn't contact us because they didn't have concerns. Fine. If you're presenting those to us, evidence will need copies for the staff. If you only have one copy, then staff is fine. Yeah, like I say, you're pretty much isolated back in there, and if the neighbors have no problems, then. Right, and very well-wooded, so nobody's going to see the building anyway. Okay. Okay. Open up for questions. Anyone? I have a question. I have a question. How are you going to access this with cars? Because you don't have a driveway, are you going to be putting a driveway in later? There's already a dirt road. We just drive down the edge of the property along that tree line. Okay. All right. So you won't be cutting down trees or anything? No. You're just going to drive on the dirt? Yes. All right. Question? Just one. How close to the drain field is the new structure? There's no drain field. There's no drain? No, the property drains down the road into a drainage canal. Okay. Questions, Mr. Miller? Mr. Miller? Do you have any questions? I'm trying to get all the variances. How many variances are we asking for? Two. Two? Yeah, they're asking for two. One for the setback to the chicken coop structure, and the other one for being over 50% of the living area of his principal house. That's kind of an unusual request, though. Is that the square footage over the 50%? No, we get those quite often. You do? Okay. And the neighbor to the north, directly to the north, is fine with the chicken coop being where it is? Yes. The owner has actually passed about a year ago, but her son comes every couple of weeks, and he's fully aware of it. It's been there since summer. Okay. And is he on the letter? Yes, I did give him the letter. Well, I talked to him about exactly what's going on about the variance. I didn't have a letter to give him. I would have gotten his signature. Well, if he doesn't mind, that's a good thing. That's right. And you have kind of an unusually large piece of property for that area. Right, 2.3 acres. Yeah, it's a big piece for the police foundation back there. Okay, thank you. Okay, no more questions? You could just step aside. Let me see if there's anyone in the audience who would like to speak concerning this variance. As I'm seeing none, you can come back up. I'm sorry. Mr. Hoffman? No, no more questions here. Okay. Can someone read the date on the survey for me, please? I'll write it down this time. And the reason why we're doing that is because we don't have our packets. So that's the reason why we're in the blind. The date on the survey is September 20, 2024. Thank you. Okay. I make a motion that we approve the application for both variances depicted on the survey dated 9-20-24. I second. I second. A motion has been made. Mr. Hoffman, second. Mr. Hoffman, second. All in favor, say aye. Aye. Aye. Let me read the six points. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the application 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 that the variance granted is granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And that the granting the variance would be in harmony with the general intent and purpose of this chapter. There's been a motion to approve, a second, and a motion to approve, a second, and your variance have passed. Thank you. Thank you. Can we have the next applicant, please? Sure. Actually, have the vote. You've had yet a motion and a second. Go ahead and actually hold the vote. So we have for the record. For the record, we have a motion to pass. And a second. And a second. And all in favor, say aye. Aye. Aye. The motion passed. Thank you. Item H-4, Alfonso, Libetor, Diane, Carlusi, plus variance, Chapter 62, Article 6 of our county code for the principal structure in a TRC-1 zoning classification. The application is 25B-00006, located at tax count number 300455 in District 3. Do you swear to tell the truth, the whole truth? I do. Troy Douglas, D-O-U-G-L-A-S, address 4455, McElrood. Okay. Do you swear to tell the truth? Did you say aye? Yes, I do. Okay. And can you present your case, please? Yes. We're requesting variance for an accessory structure that was inadvertently built, nine-tenths of a foot, into the front setback. This was a mistake. Just speak a little louder for me. I'm sorry. This was a mistake during the building process. And, you know, they want to keep their structure as it is and not have to tear it back down. Okay. I have a question. Is the structure that we just built, is that the carport or the utility room? It's both. It's both. It's across the whole front, yeah. Okay. Everybody's busy, I'll ask. This is your house, correct? No. Or you're the builder? I'm just, yeah, the builder and representing the homeowner. You're representing them. Would you run this past me again? What happened? This was during building, during construction? Yes. I believe one of the survey stakes were on a one-foot offset, and so the structure got measured during the building process, one foot into the front setback. You know, this was, you know, a human error, but it did happen. We've got a free foot of concrete, huh? Any other questions? Dr. Bass? No. Mr. Humberg? Ms. Zinnia's district? He's in his district? Mm-hmm. Yeah. Better put that. District three. Mm-hmm. Did he do this thing? Sorry, can I just take a second? I don't have the, uh, all the paperwork. While he's doing that, can you step aside? Is there anyone here in regards to this variance that would like to say anything? Opposed or nay? Thank you. You can come back up. Okay. I'd like to make a motion to approve the variance, uh, as depicted on the survey, uh, dated 11-01-2024. Second. A motion had been made by Mr. Hoffman. It's been seconded by Mr. Moore. Can we please vote? Any discussion? Six. And I was read the six points. I just had to say. 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 action 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 classifications. 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. 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. There's been a motion to pass. A second. The board, can you vote? All in favor say aye. Aye. This variance has just passed. Thank you. Mr. Brody, can we have our next applicant, please? Yes, item number H5, Patrick John Campbell and Kelly Martin Campbell request variance of Chapter 62, Article 6, Brevard County Code for a DOC in an RU-2-15 zoning classification. Application is 25V-00007. Tax account number 2606759 in District 4. Okay. Well, good afternoon. Good afternoon. May I have your name and spell it for the record, please? My name is Kelly Campbell, C-A-M-P-B-E-L-L, and this is my husband, Patrick, and I swear to tell the truth. Thank you. Okay, so the property we're here about is, we just purchased this property in January. It's 425 Red Sail Way in Satellite Beach, and it's on a canal, and it has an existing dock that's been there for, I think, 40-something years. The original homeowner who we bought the house from built that deck, and we purchased the home, and then we have a boat. That's why we purchased the home, because we wanted to put in, have our boat there on the canal. When we put in the application for the permit, you know, we submitted a survey, and then they said that the side setback did not adhere to the seven-and-a-half-foot, you know, setback from the side. So our neighbor that that is closest to their property, they've lived there very long, too. They knew the original owners. They don't have any problem in our packet with our request for variance. We did include a letter from them in support of our request to put in a boat lift. Also, by the way, the boat lift isn't touching the dock in any way. It's not adding on to the dock or changing the dock. It's four pylons that are next to the dock and not next to the neighbors. It's on the other side, so only in front of, like, closer to the middle of our property. Also, our other neighbors don't have a problem with it. It's not anywhere near theirs. They also have a boat lift. So we're just requesting to be able to put in the pylons for our boat lift next to the existing structure that was there when we purchased the house. Okay. Is he saying something else for you? You can just come to the mic and speak. Thank you. I just wanted to clarify that the request for the variance is existing boat dock is supposedly, not supposedly, it's supposed to be seven and a half feet from our property line, and it's about one feet, one foot. So the variance is that requesting it stay as is since it's been there for so long and not have to move it, the whole thing, seven and a half feet over. That's the request. Okay. And our understanding that that is the holdup to then go ahead and get the permit approved for the lift. So this would be step one. Okay. I see this is in District 4. Dr. Bass? Just to comment. I looked at it, your drawings, et cetera. And when I read it, it said this request equates to an 85% deviation from what code allows. But as you said, when I looked at the drawing, it was within one foot, a little bit more inside your property. So you're not hanging over your neighbors. No, it's in our property line. It's just not the seven and a half foot setback. Right. Right. So the 85% is in your property, not over to your neighbors. Right. Okay. Cool. So other than that. Nothing is crossing the line. Right. Just a little too close is the way we understand it. And I'm glad to hear that you did ask your neighbor because that was my next question was, do you have any, do they have any concerns about it? So I have no other questions. Okay. Well, anyone else have a question? Yes. Of course. This is no new structure here. Everything's staying the same, correct? The dock, existing dock as it is, is staying the same. We're not doing it. How about these pylons? The pylons are not there. The pylons are going to be put in next to the dock, but not attached to the dock. Not attached to it. Okay. On what side? For a boat lift. To the other side, not the side. To the other side. Yes, not the side. If we tried to put it on the side next to the setback, it would be on someone else's property. It's the other side. And it would probably be on the other person's dock. It would be on top of their boat, actually. That was the question. Further away from the property line, for sure. Thank you. Okay. Mr. Mueller? Any questions? I'm good with it. I'm good with it. Okay. And no other questions? Okay. Just step aside for a minute. Is there anyone in the audience that would like to speak to this variance? Seeing none, you can come back. Oh. I'll do the six steps. I'm sorry? Dr. Bass, would you like to make a motion? Yes. I make a motion to approve the variance, as depicted on the survey, with the revision date of January 28, 2025. Is there a second? I'll second. Okay. Dr. Bass made a motion. Mr. Humberg, second. I will read the six variants. That special conditions and circumstances exist which are not applicable to other lands, structures, or buildings. 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. That literal enforcement of the 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. And that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And last, that the granting of the variance would be in harmony with the general intent and purpose of this chapter, and that such use variance would not be injurious to the area involved. We have a motion to approve. A second. The board, how would you vote? All in favor, say aye. Aye. Your variance have passed. Thank you. Thank you. Appreciate it. Nice afternoon. Mr. Bodhi, the next. Yes, item H-6, Kenneth Robert Crawford and Diana Sue Crawford, trustees, request variance to Chapter 62, Article VI, Bavard County Code for a swimming pool screen enclosure in an RU-1-13 zoning classification. Application is 25V-00008, located at tax account number 3024933 in District 3. Thank you. Good afternoon. Good afternoon. For the record, do you swear to tell the truth? Whole truth, nothing but the truth? Yes, ma'am. Yes, ma'am. And can you state your name for the record clearly into the mic and then spell your last name for us, please? My name is Kenneth Crawford. This is my wife, Diana. My last name is spelled C-R-A-W-F-O-R-D. And how can we help you today? The purpose for our appearance is to receive a variance approval for one foot and or 12 inches from a five-foot rear setback required to install a pool screen enclosure. Provided documentation was the approval from our HOA vacating a total of six foot from the initial 10-foot private drainage easement. We do have signatures of residents from both sides of our home. Additionally, we've spoke to other neighbors farther out, left and right. We have no neighbors behind us besides ducks and reeds and water. Survey shows showing where the existing pool and proposed screen enclosure placement. We have an additional 20-plus feet of easement behind our property. Therefore, drainage is not an issue. It is a St. John's River Water Management stormwater track H. The preserve abuts the back of our property. Therefore, there is no obstruction to view from our neighbors. And there are no neighbors in the back of us to be affected by the variance approval. Thank you. Okay, this is in District 3. Mr. Humber? What development is this? This is the Lakes of St. Sebastia. Okay. Do you have anything from the HOA? It's in the package. It was in the package. I have a copy here. So the HOA has no problem with this. Right. It's an actual private easement in the back. Oh, it is. It's 10 foot. When we started with the pool, they gave us 5 foot. And when we found out that there was a measurement error by the pool company, we went back for an additional foot. And so now they've given us 6 foot of the 10 foot drainage easement. And they've released that. It is written in the documents. I have it here. Okay. But it is in writing that they have released it. Okay. Thank you. You're welcome. Any other questions? Tomorrow? Dr. Bass? I found the document. Do you want to see it? No, that's okay. Thank you. Any other questions? Seeing none, may you just step aside. Let me see if there's anyone in the audience would like to speak to this variance. Seeing none, you can come back. Can we have a motion? Sure. I'd like to make a motion to approve this variance as depicted in the survey provided with a date of 2020-2025. I'll second that. It's a date of 2002-2025. To what? 2002-2025. Yeah, 2002-2025. That would be 02-2025. There's a motion to approve by Mr. Humberg, a second by Dr. Bass. I'll read the six steps. That special conditions and circumstances exist which are not applicable to other lands, structures, or buildings. 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. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties and are identical zoning classifications. That the variance granted is the minimum variance that would make it possible. The reasonable use of the land, building, and structure. And that granting the variance would be in harmony with the general intent and purpose of this chapter. And that such use of the variance would not be injurious to the area involved. We have a motion to approve. A second. All in favor by the board, say aye. Aye. Aye. Your variance have passed. Thank you. Thank you. Point of order. Madam Chairman. Yes. Could we now have the cooks come forward so that they're being delayed through no fault of their own? What was that? I was asking if we could get the cooks back now that we have the right. Yes. If you'd like to, we could bring item H2 back. Yeah. Okay. Item H2, come back. Could I make another comment just for time's sake? Being that the conditions of variances are well known by these members that are in our package, is there really a need to read them after every item? There is. Is that required? It is? Okay. Learn something new every day. So just for the sake of everything, we're just going to swear you back in. Is that okay? Okay, yes. Okay. Do you swear to tell the truth? The whole truth, nothing but the truth? I do. And just your name for the record again, please spell your last name for us. Suzanne Kowalski-Cook. Spell it. C-O-O-K. Thank you. Okay. And now also your name. Thank you very much. My name is Joseph Bichon. I represent Ms. Cook. My last name is spelled B-A-C-H-A-N-D. Thank you. And just to reiterate again, can you tell us again why you're here? Most certainly. Briefly, she has a shed that's adjoined to her structure on the south side that encroaches upon the seven and a half foot setback. That is our only request here today. I have heard other requests regarding the percentages of the encroachment. What I would bring to, I think, is most important from Ms. Cook was Ms. Cook did not understand that she was encroaching, that this was not intentional on her part. She's here in good faith to resolve this. And I was just going to testify to her ownership of the property that, indeed, this would present a hardship to her. If she had to remove that structure, that would be the questions that I would ask her. I have an engineer who's also present. Okay. And I'll have him come testify very quickly. Okay. Ms. Cook, do you live? I live at 1270 North Banana River Drive on Merritt Island, Florida, 32952. Ma'am, you previously provided pictures of your shed to the board. Yes. And do those, and I'd ask if the board has these in front of it. Okay, great. That being said, do these actually, do these represent the current condition of the property? Yes, they do. And what I'd like to show you is, I believe, which is numbered number four on your package. Ma'am? That's from the street west looking east. Okay. I'd like to show you what's been marked as number five. What does that photograph represent? That's from the church property looking onto the house. So that would be from the south looking north. And the last one, what is that? That's number six. That's the shed. It's an extension, and it is looking east. Very well. Ma'am, when did you complete this shed? Gee, about two years ago. And are you requesting of this board that they grant you a variance from the seven and a half foot setback on the south side? Yes. I have an engineer, if the board would like to hear, he has provided an inspection report. Yes. Is it all right if I have Ms. Cook sit down? Yes. Thank you so much. Please have a seat, ma'am. You can have a seat right there. Okay. Mr. Shinsky? Do you swear to tell the truth, the whole truth, nothing but the truth? I do. And can you state your name for the record and spell your last name, please? Yeah. My name's Ed Shinsky, S-H-I-N-S-K-I-E. You want my address as well? Yes. 4707 Wild Turkey Road, Mims, Florida. Thank you. How can we help you? So briefly, could you give the board the benefit of your educational background? Yeah. I have a degree in structural and civil engineering. I practice as a structural engineer, professional engineer since 1994 here in Brevard County the whole time. So you're still licensed in Florida? Yes. Sir, did you have an opportunity to inspect the shed that is the subject of this variance request? Yes. And did you issue a report? Yes. And is that report the same that has been provided to this board? Yes. Could you briefly summarize what you observed in inspecting the shed? Yeah. The concrete slab was existing. I inspected the framing. I had them open up. Because it was completed, I asked them to open up certain things so I could see hurricane strapping. There's a ledger attached to the existing structure where the rafters come off of. They opened all that up, and we have photos of all of that. There's photos showing the studs at 16-inch on center. There's anchors in the bottom plates. There's hurricane straps at the bottom plate to the studs, the studs to the top plate, the top plate to the rafters. And then the rafters are connected to the ledger board. Things I couldn't see, you know, sheathing on the outside. I couldn't see nail patterns and things like that. But everything I saw, which is really the structural portion of it all, meets current code. Structurally sound meets the current for the wind speeds and everything in the area. Sir, and when did you do this inspection? February 11th of this year. And this is a report that you provided to me? Yes. And that would be the same that I provided to the board? Okay. I'll have Mr. Shensky. He's available for questions, but that's all I have of Mr. Shensky. And that's the extent of my inquiry. Okay. Do the board have any questions? No, I do. Okay. We have one question. Was a permit, a building permit, drawn for this structure? The question is me. I can advise you. Yeah, I'm not aware of that. There was no permit pulled, sir. Oh, okay. So that's the reason for all of this? Yes, sir. Because it didn't have a county inspection? That's correct, sir. Good. Thank you. Okay. Okay. No other questions for the engineer? Okay. Thank you. Thanks. All right. Thank you, sir. Thank you. Okay. May I sit down? Yes, you may. Thank you very much. Is there anyone in the audience that would like to speak pertaining to this variance? Yes. You can come forward, please. Good afternoon. I just need your name for the record, please. Kevin Radlin, R-A-D-L-E-I-N. Do you swear to tell the truth? I do. Okay. How can we help you? I am actually the pastor of Lighthouse Christian Church at 1250 North Banana River Drive, and we're the property that is up against the property where the variance is being asked for, and we just wanted to say that we have no problem with it. Oh, okay. Great. So you're on the right or the left of the property? The right, if you're looking at it from the street. Any questions for the pastor? All right, pastor. Thank you. I see no questions. Thank you. Okay. You can come back up. This is in District 2. Mr. Moller? Yeah. A couple questions. So when was the shed constructed? It's my understanding it was 2023. 2023. Yes, sir. And it was constructed. It's attached to the house. I mean, it doesn't even look like a shed. It looks like it's part of the house. So it looks nice. It doesn't look like a typical shed. Any reason why a building permit wasn't pulled for this? And I'll have Ms. Cook answer that question, but I can represent to them what she's advised me. Okay. And she'll testify to this. That's fine. Is that they were, essentially, they were trying to see if they could redo the shed that was sitting there, which was made out of plastic. And as they went through it, it started to disintegrate. So they ended up demolishing it. And so she went to go replace it. And in so doing, she didn't know that she needed a permit. Okay. And that would be her testimony. Would that be your testimony, Ms. Cook? Yes, it would be. Okay. I wouldn't expect her to know, but I would expect someone that would build it. One of the things, too, Bruce, is the building department doesn't require a building permit. But if an accessory structure is less than 100 square feet, if it is on concrete, it would require a building permit. Okay. And I would think it's attached to the house. This one's on concrete. Yeah, and attached to the house. Has a building permit been filed for this after the fact? No. And it's not under code enforcement? No. This came about because they were trying to build a guest house in the back. Okay. Okay. Okay. Any other questions from the board? No. Mr. Hoffman, Dr. Bass, Mr. Humbert? No. Okay. Seeing none, just step to the side. I'm going to make, you need a motion made for District 2? What motion? Yeah. Can we make a motion that we could approve it with the condition that it obtains a building permit? Yes, you could do that. You can have conditions put onto the very instant. That would be my motion that we approve this based on the survey dated 12-12-24 and the condition that it obtains a after-the-fact building permit. Do we have a second? I'll second. We have a motion by Mr. Mower and a second by Mr. Hoffman. Now, I'm going to read the six points. 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. 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. 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 would be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved. We have a motion to approve and a second. All in favor by the board, say aye. Aye. Aye. This variance have passed. Thank you. Thank you very much. May we be excused. Mr. Bodie, can we have our next applicant, please? Yes. Item 8-7, Christopher V. and Susan E. Tidball request a variance. Chapter 62, Article 6, Brevard County Code for a Detached Garage in an EU Zoning Classification. Classification, Application 25B-00009, located at Tax Count No. 2317644 in District 1. Good afternoon. Good afternoon, Chairman, members of the Board of Adjustment. My name is Kim Rezenka with the law firm of Lacey Rezenka in Melbourne, Florida, R-E-Z-A-N-K-A. I'm here on behalf of Chris and Susan Tidball, who's requesting a variance of 6 1⁄2 feet from the 15-foot side setback. I have a PowerPoint here, or a presentation. The Tidball's purchased this house in 2020. It's a 1957 house. It's on 1.43 acres, located about 3.2 miles north of State Road 528. It's on Indian River Drive. It's not a plaited lot. There's a mix of houses in this area, from the 1940s to the early 2000s. This is a wide lot of 100 feet, which is wider than some of them in this area. And it is next to a right-of-way, undeveloped right-of-way, 50-foot to the north, called Thompson Avenue that's used by the county for drainage. This variance is to cure an encroachment of a detached garage that's been there since 1989, and that would also allow them to renovate their home. This is the house currently, 445 North Indian River Drive. This is the garage that was built in 1998, permitted, and it is 8.5 feet from the property line. It should be a variance request of 6.5 from the setback there. That's the north side of the home that's going to be connected to the garage. You can see the garage on the far right of the screen there. This is the proposed addition. You can see the one-story garage, which is a two-car garage. It's 8.5 feet. Oh, yeah, it's hard to see, from the north property line. This is the proposed renovations that will add to the north side of the home, and the before and the after rendering. Again, the front elevation after construction, and the north elevation stated as the right elevation. This is the location of the 50-foot right-of-way Thompson Avenue. It's overgrown and in disrepair. In fact, the property owners maintain the eastern portion of it, as you'll see here momentarily. That's the portion that they maintain adjacent to Indian River Drive, and that's what it looks like looking to the west. Again, looking west, there's trees down in it, and that's looking from the east. There are drainage structures in there, but it's not traveled at all. In fact, we tried to vacate it, but the county wouldn't allow us to do that. These are other instances of other garages that are close to right-of-way, used right-of-way. Again, a lot of these houses were built long ago and maybe even before the zoning code. Here's another one, unimproved right-of-way with the structure closer than it should be. So our request is a 6.5 variance from the 15-foot setback based upon the survey dated October 7th of 2024. This will cure a current nonconformity. Neighborhood will benefit from improved aesthetics and increase in home values. There's no objection from the neighbor to the north. I have a letter for you, and that the homeowner will benefit by having a conforming house and being able to renovate the home and add to this 1957 home. The package I just hand you on the first page is the property details from the property appraisals website just to show you, indeed, that it is the Tidballs home and it's a 1937 home. The second is a letter from Mr. Santee, who is a real estate broker and is in support of this. The second is from Michael Artelli. I'm trying to remember which is the neighbor. Mr. Artelli is the neighbor to the north. He has no objection to this as well. I've also provided for you an agenda report from a variance that was granted by this board back in October of 2024. It's about 1.13 miles to the north, and again, it was a setback application. I'm not able to pull the actual resolutions from BASP, but I did want to show you that the BASP does show that it was approved, and it was actually at 22.9 feet from the 25-foot setback requirement because it was an old home. And that's what you all try to do. You try to cure the nonconformities to allow people to move forward and to have a usable house. So with that, I do have the Tidballs here if you would like to ask them any question. If not, I can go through the factors for you, but they are in the presentation. This was not caused by them. They bought it this way. They're trying to improve their home, cure nonconforming. No one will be impacted because it's next to a 50-foot unimproved drainage easement from the county, and they actually have been maintaining it. With that, I would ask that you would approve the variance of 6.5 feet from the 15-foot setback based upon the survey of October 7, 2024. And we can answer any questions. This is in District 1. That's my district. Yes, ma'am. And unfortunately, I wasn't able to come out to see the home. I apologize for that. But I don't have any questions. This was clear. Do anyone else have any questions? No. Mr. Moa? The only question is to make sure that the variance is specific to the – because this is a corner lot, so it would be the side corner. It's the North Property Line. The North Property Line. Okay. Yep. Thanks. Dr. Bass? No. It's very clear. Mr. Huffman? Just a tangential question. Is this on Indian River Drive? Is that where they're fighting to protect the trees that are overhanging the road? I don't know if it's in this area, but yes. A little further south. Okay. Yeah, it's a little further south. That orients me. I know where that road is. There's a lot of things going on in Indian River Drive. I was also thinking along that line that it's on the Indian River, and obviously it doesn't have an effect on the Indian River, which is very important at this time. Correct. Dr. Bass, could you make a motion, please? Yes. I make a motion that we approve this variance based upon the survey provided with the revision date of? 2-3. Of what? 2-3-2025. 2-3-2025. Do we have a second? Second. Okay. We have a motion to approve by Dr. Bass, a second by Mr. Mower. Before we do that, is there anyone in the audience that would like to say anything concerning this variance, please? I apologize for that. Seeing none, I'm going to read the six. 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. 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. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter. And that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And that the granting the variance would be in harmony with the general intent and purpose of this chapter. And that such variance would not be injurious to the area involved or otherwise defermental. We have a motion to approve. A second. The board, can we vote? All in favor of passing this variance, say aye. Aye. This variance has been passed. Thank you. Can we have the next applicant, please? Yes. Item H-8, Tran, request two variances of Chapter 62, Article 6, Bevard County Code for a principal structure in an RU-1-9 zoning classification. Application is 25V00010. Located at tax count number 2611578 in District 4. Good afternoon. Hi. May I have your name and can you spell the last name for the record, please? Tang Tran, T-R-A-N. Thank you. Do you swear to tell the truth? Yes. Thank you. Present your case. Yes. Back in November, I purchased the house on the address is 4601 Coquina Ridge, right, Melbourne 32935. And before I move in, I'm looking to remodel and try to add some more, add some garage and add some room in the back before I move in. And where the house was built back in 1963, the size setback is 5.5 feet 8 instead of 7.5. But right now, I just try to add, I want to maintain that variance so I can add some more garage and room in the back. Okay. Thank you. And this is from District 4, Dr. Bass. Yes. I don't have any questions. Basically, I did notice that you said that it would not negatively affect the neighboring properties. And I did notice that you have, one of your neighbors is the Brevard County Commissioner Post, Kirk Smith. So I thought, well, that's a pretty good recommendation. So I also am always concerned about any impact to the Indian River. Obviously, this is not going to impact, and there's no mangoes trees that you're going to be destroying. So I have no questions. Okay. Thank you. Okay. Mr. Hoffman? No, no questions. Mr. Humber? No, I noticed, gentlemen. He's an honorable man. Oh, thank you. And Mr. Mora? All good. Thank you. Okay. Just step aside. Is there anyone in the audience that would like to speak concerning this, please? Come up. Hi. How are you? Good afternoon. Can you state your name for the records and spell your last name, please? Bradley Sinclair, S-I-N-C-L-A-I-R. Do you swear to tell the truth? I do. Okay. How can we help you? I live at 4563 Coquina right next to his property. He's been there for 38 years. The only reason I'm here is I think he's written his request backwards because he's asking for a variance of 5.8 from the 7.5. I think it should be 1.7 from the 7.5. I know he's just trying to maintain the 5 feet from the property line, but I think the way the variance is written, he would be able to build up to 1.7 feet from the property line. Or maybe I'm wrong. Mr. Bode could probably explain. Yes. Hang on one second, please. Okay. I just want to make sure it's right. Thank you for the clarification. I don't have any problems with what he's trying to do. I just want to make sure. We don't want another variance request. Right. The first one should be 5.9 feet from the required 7.5. You do the math. It might have been taken from the first measurement of 1.7 instead of the 1.6, which is closer. So it should be 5.9. 5.9? Yeah. Okay. But doesn't that allow him to build 5.9 feet further over so he'd be 1.7 from the property line? No. So I'm reading it backwards. The distance is 1.6 off of the property line. It requires 7.5. So when you subtract out 1.6 from 7.9, you get 5.9. That's what his variance is requesting. I know, but I don't think that's what he is requesting. Right now, he's 5 feet from the property line, and he's just going to extend it on out. Yeah. It's just to legitimize this. If he's doing some other addition, he's bringing it back in. The existing home is already sitting at the 1.6 at different points. If you look at what's circled on that survey that's in the packet, the existing home is already just the 1.6 feet off the property line. So we're looking at that 5.9 difference is what basically legitimizing the setbacks for the existing home to be able to build the addition on. And the addition is not proposed out that far. That's actually coming in, but need to basically clean it up is what he's requesting. Yeah, I understand what he's requesting, but I just think the wording is backwards. I think this would allow him to go further out. And I guess this isn't my cup of tea, so I don't know. I guess I'm wrong. But it looks to me like he would be able to build up to, I mean, the part that you're looking at is on the north side, and I'm on the south side, and for the south side, it was a variance of 5.3 from the 7.5. So to me, that means he could build up to 2.2 feet away from the property line instead of 5 feet away from the property line, or 5.3. That also would be about 5.5 because there was a two-foot dimension there. But isn't the variance that he's requesting, 2.2 from the 7.5, 7.5 minus the 2.2? He's requesting it as what it is on the survey. So whenever his proposal is, he's going to be 4.7 off of the proposed garage, and then it's back to 5.2. And he's trying to legitimize what is there now on the bump out that goes out to 2.2 and two feet even. I guess I just don't understand because I understand what you're saying, and this is y'all's, what you do for a living. Also, one of the things is it will be, as he submitted this survey, it will be approved for the survey. For the survey. Yeah. So it wouldn't be approved to where he could build up to 1.7. It can't differ any more than what this survey has provided. Right. Okay. I guess that answers all our questions. So, Mr. Bodie, the survey of 3-3-25 is accurate, correct? Yes. This is what he's going to be posing for his garage also. I have no other questions. Any other questions from the board? Dr. Bass, would you like to make the motion? Do we have a motion? Oh, I'm sorry to see you. I apologize. Come up, please. And your name for the record? Esther Tomsikoski, T-O-M-C-Y-K-O-S-K-I. And I'm- Swear to tell the truth. Long one. Swear to tell the truth. I live on the north side of Tran's house. I'm at 4605 Coquina Ridge Drive. So, yeah, that was my question, too, what Brad had, just because I know part of the structures that are there now are about 1.7 to 1.8 inches off the property line. So, and there's some that, like the wood fence that's there, a palm tree, kind of encroach on the property line already. So, if I were to improve the property or try to put a fence up or something like that, I just wanted to make sure that, like the shed door that's there right now couldn't open with a fence there. So, if he was going to go to the five foot, that would be doable. But I just didn't, I wanted to make sure that it was going to be like the five foot going back and coming forward and just staying within 20 feet of the water in the backside just to preserve the view and lighting and things like that for the property value that I purchased. It's going to be just as it's proposed on the survey. So, he has additions that are proposed on it. Right. Yeah, and they don't go to the 1.8 inches all the way out. They are at five foot in. Yeah, it looks like five feet on the north side and 6'1 on the south side for the rear addition and then 4'7 on the front on the south side for the garage and then 5'9 on the garage to the north. Okay. Thank you. You're welcome. Thank you. Appreciate it. You're welcome. Is that the best? I have no further questions. Okay. Wait. Oh, come back up. Bradley Sinclair again. I swear to tell the truth again. You were talking about the rear proposed additions and the distance between the river and Thang and I were talking about this just this morning before we were here, and he's proposed to build towards the river, and I think on the survey it shows he'll be within 10 feet of his property line in the back, but he told me that he was told he could build within 20 feet. The setback was 20 feet from the river, not 20 feet from the property line, so I was really His property line goes to the river, and then it shows a setback distance off of a control points where the monuments are found, so he's actually probably about 30 feet from the river. So where the monuments are isn't where the property line is? The property line is the river line. Okay. The dock. By the survey. Is his. And it's about 30 feet is where he's going to, maybe a little bit over that on the northerly side to his addition. Okay. So I just was curious, so I figured while I was here, I might as well ask. No, you might as well. Thank you. Okay. Well, questions asked from the board? Dr. Bass? Yeah. I got a question. I just want to make sure we're doing this right. So we have, they need a variance for the existing encroachment, which is not correct in the staff report. It should be 5.9, not 5.8 on the north, and 5.5, not 5.3 on the south. And that's just for the existing, is that correct? So I'm looking at the survey. So for the existing structure, the smallest distance on the north is 1.6 feet where it encroaches. So take that from 7.5, that's 5.9. On the south property line, the smallest dimension is 2 feet. So minus 7.5 would be 5.5, not 5.3. And then the only other encroachment for the, there are some encroachments for the proposed additions as well. So do they get the setback for the whole property line for new and existing, if we grant the variance? Correct. We just measure it from the closest point to the property line, and it's usually written that way. So they could, so if we give them that variance, they could build closer to the property line. No, it's going to be as proposed on the survey. That's the reason we call that out with that date. So it won't be any different than what's on the survey. So we can either approve it from the survey, or we could say that those variances are only for what's existing and not for what's proposed, if we choose? If you wanted to, yes. Okay. Just checking to see what our limitations are and what we can and can't do. Then you could have to maybe move the existing, I mean, the proposed into 7.5 feet if you'd like. Gotcha. Okay. Just checking. Thank you. Okay. Many other questions we have? Okay. Dr. Bass, would you like to make a motion? Yes, I'll make a motion. I make a motion to approve the variance as depicted on the survey, provided by the applicant with the revision date of 03-03-2025. Okay. Do we have a second? I'll second. We have a motion to approve by Dr. Bass, a second by Mr. Humbert. I'm going to read the six points. 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 an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures. And 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. 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 variance would not be injurious to the area. We have a motion to approve by Dr. Bass, a second by Mr. Humbert. Aboard. We would like to make a vote now. All in favor, say aye. Aye. Aye. This variance have passed. Thank you. Can we have the next one, Mr. Bodie, please? Yes. Item H-9, Anthony F. and Beth Mary Maggs request variance chapter 62, article 6, Brevard County Code for a principal structure in an RU-2-10 zoning classification. Variance application is 25V00011, located at tax count number 2615555, and district 2. Good afternoon. I know. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. And, man, you state your name for the record and spell your last name as well. Absolutely. Can you speak into the mic? Tony Maggs. My last name is spelled M-E-G-G-S, and I'm here with my wife, Beth. Okay. Thank you. And how can we help you? Yes. We're here for requests of a variance. I think there's two reasons we're asking for the variance and two reasons that we need the variance. We're asking, we're trying to, this is our principal home. We're trying to build, trying to build a home that we can accommodate aging parents. And we're also trying to build a home where we can save a 45-inch grand oak tree in our backyard. The reason we need the variance is our front setback line, lot line, kind of does a curve. And when we place our home, we try to place our home inside those setbacks. It causes the corner of our house on the south side to be a little bit outside of that front setback line. And the other reason, when we built a seawall in the back up against the canal, there were some mangroves that we wanted to save and not touch. So it caused us to build a seawall, you know, more landward. And so we lost a little bit of land there. And so those are the reasons we're asking for the setback. And those are the reasons that we need the setback. To speak to harmony in the neighborhood, the architectural committee has given us approval because they also kind of want to do the best and save those big oak trees. And then also we went out and met with our neighbors to let them know what we're trying to accomplish. And everyone that we met with had no objections. And I don't know, but I don't think there's anyone here today to object to it either. Okay. Thank you. This is in District 2. Mr. Moore? I don't have any questions. Mr. Humber? I hate oak trees, but no. The house is not built. Is that correct? No, sir. Do we have a drawing of the... All of the street. We've got that little curve. So it causes action. The tree's back here. So he's pushing the house this way. Okay. And also to speak to the harmony aspects, all of the homes on that street, even after we build, will all be totally aligned and in parallel with each other. We're not getting any closer to the curve than the other homes. I see what you're doing. You'll be the only one with a tree on the street. It's a beautiful area. There's a lot of beautiful oak trees, and we're doing our best to save those. Thank you. Okay. Dr. Bass? No. I just want to thank you very much for your environmental considerations. It's very important in Florida. Thank you. Mr. Huffman? Okay. We'll just step aside. Is there anyone in the audience that would like to speak concerning this variance? Seeing none, come back. Mr. Moore, would you like to make a motion? I would. I make a motion to approve based on the survey revision date 2-24-25. I'll second that. We have a motion to approve. We have a second by Dr. Bass. I'll read the six steps. 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 to the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures. 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. 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. And that such variance would not be injurious to the area involved. We have a motion to approve. We have a second. The board, will you all vote? All in favor? Aye. Your variance have been passed. Thank you. Thank you for serving. Appreciate it. Good luck with the truth. Thank you. Yes. Thank you. Mr. Bode, our next applicant, please. Yes, item H-10, Teresa L. and Stephen G. Holland. Request variance, Chapter 62, Article 6, Bavard County Code, TR-1 Zoning Classification. Application is 25V00013. Located tax count number 2100634 in District 1. Okay, good afternoon. Good afternoon. Good afternoon. Do you swear to tell the truth? I do. And can you state your name for the record and spell your last name, please? Teresa Lynn Holland, H-O-L-L-A-N-D. Stephen George Holland, H-O-L-L-A-N-D. Well, thank you, Linda and Steve. How can we help you today? Teresa and Steve. T-E-R-E-S-A. Teresa. Teresa. Okay, thank you. How can we help you? We need to ask for help from the lovely oak tree that bashed our double-wide-end Mims last year. You're in Hurricane Milton. Here you go. I have lots of pictures. It was a 32-foot one from our neighbor, and it came through our bedroom, placing holes like this. For 12 years, we've been wonderful neighbors. We did have to get it. This is what happens. You have to tear the whole thing down. And as we all know, after a home is over 10 years old, you have no insurance. It was pretty well destroyed in Milton. It was just, this is our closet. I had to climb under all of that debris where the tree fell to get his work shirts. It was horrible. So, it was an economic thing. We had to put every single dumpster at about $300, a dumpster times $16, but the original dumpster was $2,000. I forgot to tell you that. To demo it. To demo it, which we did all with family. So, with what we had left in our little savings account, we went and got a home due to our economic issues that is just shy of 200 foot less. We own a gorgeous property. It looks like HGTV. It has an orchard, the trees, the oaks. It is quite beautiful. It is stunning. We took the eyesore out, and due to what we have left in our bank account, we went and got a four-year-old tiny house, which we plan to put the faux-stacked stone on the bottom and then paint offset here and put the shutters. We have a couple of women on our street that are not happy with the appearance of a god-awful, ugly tiny house. It's what we could afford. That's what we did. We also are supporting our grown daughter and her two children while she's finishing up her school. So, my husband works. I'm retired from the state of Florida. He's 25 years at the Space Center. There's only so much you can stretch money and resources, and we can really make it gorgeous, and this is an economic hardship, massively. And we applied for FEMA. FEMA said, no, you can have a bottle of water and a bag of ice at Merritt Island back in October of 9th, but my husband works. Therefore, we can take care of ourselves. Not so much. I need some grace to put a little tiny house on our property, please. Okay, so I see this is in District 1, and that's my district, but I have a question for you. Yes, ma'am. So, do you have the house on the home, on the land now? Yes, ma'am. I made an ignorant mistake realizing when I called, they said impact fee, the plumbing, the electric, and everything has to be permitted. Okay, no problem. I come to pull the permits, and they're like, it's already there. It's 192 foot, littler than what was taken away. So, I said, okay, well, what do we do? And they're like, do a variance, because it's still, I'm sorry, it's still sitting there. We've cleaned up the yard. We had to hack down the tree and clean up. I have an orchard, an actual edible orchard there. We have a koi pond. It's fenced, and then we have a tennis surround on the inside. So, we're not really offending anybody, but unfortunately, the two women have nothing better to do than kind of complain. And are those your neighbors on the left or the right of you? One is on the right, and the other one is diagonal. But I also have pictures of a lot of our neighbors that look a whole lot worse, and nobody complains about them. And so, I mean, it's... Well, let me ask you this. Did you get any letters supporting you with your home on your property? No, they're all afraid of her. She's 86, and she doesn't currently take her medication as directed, and she gets these crazy little outbursts. She's kind of the boss of the neighborhood. And we live on a cul-de-sac. Oh, okay. And out in 46 on Mims, and we've been there about 12 years. Okay. So, we just want to put a little tiny house there and live. That's all I'm asking for. Okay. I have lots of pictures of other really deplorable houses that the roofs are falling off. They have RVs parked with junk. That's been two years in the making. He just parks it in there and puts his trash in there, and he doesn't ever take it and pay the dumpster fees for a crazy high. Point of order, Madam Chairman. I'm sorry. Point of order. The pictures that she's showing us need to go to staff for a record. Oh, absolutely. Okay. Oh, here's a great one. That's the tree that fell in our bedroom. That's insulation. It was horrible. I'm with you. I can imagine. It was bad. It was horrible. I'm sorry for that. I'm sorry for that. Do we have any questions, Mr. Hoffman? And earlier on, you just made a phrase statement. And it may have been, I'm misinterpreted. But you said after 10 years, there's no insurance? No. No. On a mobile home. Oh, gosh. I missed one. Can you take that over there, sweetheart? Thank you. Thank you. I can do it. He's 45 years. We're together. Married. Mobile homes over 10 years old, you will not get insurance unless it's a brand new mobile home. And then after about four years, they start jacking it so high. And then after nine years, nothing. Yeah. We're friends with the insurance agent in Melbourne. And they tried every way to get insurance. It's not feasible. And that's why people save up. I'm sorry. You say it's not feasible? No. As economical? You can't get it. It's an absolute cutoff that the insurance company will not insure a structure over 10 years. There are condo problems that they have down in South Florida trying to keep insurance. The people all are leaving the state, all the insurance companies. Okay. That's new information to me. I didn't know you couldn't get insurance at any price. No. It's almost virtually impossible. Call an insurance company, sir, and tell them you have a 45-year-old mobile home you'd like to insure, and they will laugh you. Dr. Bass? No, I have no questions. Mr. Humbert? No questions. Mr. Moore? No, no questions. Okay. I'm going to just check with the audience. Is there anyone here? That's my sister. Okay. Would you like to come and speak in regards to this? Can you all just move to the side, please, and let her come up? Can you state your name, please? Yes. For the record and smell your last name. Melissa Shalosky. S-H-A-L-O-S-K-Y. Do you swear to tell the truth? I do. Okay. I have, this is my sister. We have done a lot of extensive work up there with her tearing down that mobile home, and before that time, from the hurricane until everything was torn down, she was living, her and her husband and her grandchildren were living in black mold every day, and the floor giving out on them. She would have to replace pieces of plywood to where you could walk and then where you couldn't. As we were tearing down, we had, you know, a few little injuries of people going through the floor. It was horrific. I've never seen anybody live in those conditions. The cabinets in the kitchen fell off of the walls. One of the bathrooms was completely unusable. The other one was leaking profusely. She was in a no-win situation. She is, she's supporting two households on their salary. My brother-in-law has congestive heart failure. He's working at 75 years old. She's under disability for several things with her back, a cage in her back, and she's out there working. She's also employing about half of the street for handyman, keeping them busy on what she has been finishing. And at the top of her street, there's also, I think maybe three trailers in or so, there's also a single wide up there. Now, the neighbor that she is speaking of that lives directly across from her, Teresa used to send her food over daily, take care of her, help take care of her animals. They were very congenial. At some point, she's just done a complete turnabout, and as you can see, the letter is just a carbon copy. Somebody else, here, you want to sign this here. Oh, you, these are elderly people. Okay, what do I got to lose? She's got everything to lose. She plans on putting another, if this variance is approved, another bedroom onto that trailer as her goal, so she can accommodate her grandchildren also, and that would be going in with code or whatever she has to do. She didn't start this process in malice of breaking any rules or regulations. She started this out of, oh, my gosh, now what are we going to do, where are we going to live, and how are we going to maintain healthy? She's been living in a hotel once we found out that we couldn't put her in the trailer, which has been at a huge, huge cost to a stay hotel for them, putting them out of their home. And, you know, she was in tears last night. She goes, if I don't get this, do you know that we are homeless at our age? We're homeless. We've worked our whole lives. We've improved neighborhoods. We've improved our neighbors, being neighborly, what you're supposed to do. That's what God wants you to do, lift everybody up, help them out. And, unfortunately, I don't know why this lady is going to turn about. Maybe her age, maybe she's got some difficulties. Who am I to say? But I can speak for everything that my sister and brother-in-law have been attempting to do, and she wants to do this in the right manners. So I really hope that you grant this variant so she can have a place to live. I have a question for you. Sorry to interrupt you. But you're all indicating about people in the street that do not like the current situation, but yet nobody's here, correct? No. Okay. That's all we have to know. Okay. Okay. Thank you. Okay. Well, this is in District 1. Can someone make a motion, please? Okay. I'll make a motion. So I'll make a motion to approve this variance dated, what is it? I don't have it. 3-4-20-25. 3-4-20-25. I'll second. Okay. We have a motion to approve by Dr. Bass, a second by Mr. Humbert. I'll read the six variants. 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 request would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures. And that literal enforcement of the 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. 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. And that such variance would not be injurious to the area involved. We have a motion to approve by Dr. Bass. We have a second by Mr. Humbert. All in favor to approve this variance? Aye. Aye. We have... For the purpose of not being in harmony with the rest of the... Okay. And let's make it noted that Mr. Hoffman has denied from not being... I'm sorry, say that again? No, I just say I'm opposed to... Opposed. For the... Variance. The variance not being in harmony with the neighborhood. Not being in harmony with the neighborhood. But it still passes. And the vote is four to one. The variance passes. Good afternoon. Thank you. Thank you. Thank you, ma'am. Sweet. Ten for ten. You're welcome. Never, never seen that happen. One thing Jeff Ball told me before he left last year, and some other people said, if everything's... The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board. The board of county commissioners of Brevard County, Florida, Space Coast Government Television, were the program sponsor and are solely those of the presenter. The board of county commissioners of Brevard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period. Members voted. Have all members voted. The clerk will lock the machine and announce the vote. 111 yays, 0 nays, Mr. Speaker. Show the bill passes. Read the next bill. By Health and Human Services Committee and Representative Tribulsi, CS4 House Bill 677, a bill to be entitled in acts relating to state group insurance program coverage of standard fertility preservation services. Back again, Representative Tribulsi, you're recognized to explain the bill. Great to see you, Mr. Speaker. Thank you very much. As Representative Boussata pointed out so poignantly to me earlier, I have life and death bills today. My first bill dealt with death certificates and the grieving process, and this bill offers the possibility of life. By allowing employees who—allowing state employees who have been diagnosed with cancer and are receiving chemotherapy or radiation to have their eggs or sperm frozen for up to three years while they are receiving treatment so in the future they can expand their family, and that is the bill. Any questions of the bill sponsor? Do we have any amendments? None on the desk, Mr. Speaker. Show the bill roll over for third reading. Representative Tribulsi, you're recognized for a motion. Thank you, Mr. Speaker. I move that the rules be waived and CS4HB677 be read a third time by title and placed on final passage. Representative Tribulsi moves that the rules be waived and CS4HB677 be read a third time by title and placed on final passage. All in favor say yay. Opposed, no. Show the motion adopted. Read the bill a third time by title. By Health and Human Services Committee and Representative Tribulsi, CS4HB677, a bill to be entitled in acts relating to state group insurance program coverage of standard fertility preservation services. Are there any amendments? None on the desk, Mr. Speaker. Is there debate? President Tribulsi, you recognize the closing of the bill? I'll wait close, Mr. Speaker. The question now occurs on final passage of CS4HB677. The clerk will unlock the machine and the members will proceed to vote. Have all members voted? Have all members voted? The clerk will lock the machine and announce the vote. 115 yeas, zero nays, Mr. Speaker. Show the bill passes. Congratulations. Read the next bill. By Judiciary Committee and Representative Barrero and others, CS4HB9-01, a bill to be entitled in acts relating to court-appointed psychologists. Representative Barrero, you're recognized to explain the bill. Thank you, Mr. Speaker. This bill creates a requirement in a civil action involving a parenting plan or a child custody matter that the parent must petition the judge to appoint a new court-appointed child psychologist before filing an administrative complaint against him. It also creates—allows for that parent to file a legal action against that court-appointed child psychologist when that underlying matter is over. Any questions? Do we have any amendments? None on the desk, Mr. Speaker. Show the bill rolled over for third reading. Jefferson Barrero, you're recognized for a motion. Thank you, Mr. Speaker. I move that the rules be waived and CS4HB9-01 be read a third time by title and placed on final passage.