and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Is that a talent? Yeah. I now call this meeting of the Bavard County Board of Zoning Adjustment for Wednesday, May 21st, 2025, to order. Will Mr. Bode from the Planning and Development Office please describe the function and operation of the Board of Zoning Adjustment to our applicants and to the audience, please? Yes, Mr. Chairman. Yes, Mr. 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 person or persons jointly or severally aggrieved by any decision, 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 three items on your agenda today. Thank you, Mr. Bode. Will our Vice Chair, Mr. Humberg, please explain to the applicants and audience the statutory definition of a hardship? Undue hardship. A variance may be granted when it will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. The term undue hardship has 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, Vice Chair. I would like to address our board members, the applicants, and our audience about the procedures that would be followed during these procedures. The Board of Zoning Adjustment 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 applicant have completed their presentation, we will begin board questioning with the board members 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. Instead, we're asking each speaker to be concise in what they have to say. It's important that you stay on the subject and avoid information that's not relevant. All persons speaking must provide their name and address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for a dress card. Please fill it out and return to the clerk. Are there any questions regarding these procedures from the board members? Are there any questions regarding these procedures from the applicants? And are there any questions regarding these procedures from the audience? Seeing none, we will move on to our next order of business. Our next order of business is to approve the minutes of our previous meeting last month. I make a motion that we accept the meeting minutes as distributed. I'll second. There's been a motion to make a meeting to approve our meetings by Mr. Hoffman and a second by Mr. Humbert. All in favor? Aye. Aye. Any opposed? Minutes are approved. We now move into the consideration of the variance applications. Mr. Bodie, may we have the first applicant that's requesting the variance, please? Yes, item H1, Sunny and Surf LLC request variance for the principal structure and an accessory structure shed in an RU-2-15 zoning classification. Applications 25V00012, located at tax account number 2520285 in District 2. Will the applicant please step forward to the podium? Good afternoon. Good afternoon. Please state your name and address for the record. Marc-Andre Lalonde, 4315 Dixieway, Mims. Thank you. Raising your right hand, do you swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth? Yes. Thank you. Please speak directly into the mic. Try to keep it concise. Essentially, we are asking for variance to essentially accomplish two things. First is to keep the existing dwelling of the 1950s. Our current zoning allows us to essentially build up to five residential units with the RU-215, and we don't want to do that. We do want to have the option to add a second building, hence the reason why for this variance. It would allow us to separate the Lot 23, and having the ability to do so helps tremendously with financing for a secondary dwelling. And what also the variance does is able to keep the existing 1950 structure intact with our current resident in it. And that essentially would allow us, this variance will allow us to do those two things. Okay. Thank you. Do you have anything you'd like to say? No, thank you. No, thank you. Thank you. I see this is from District 2. Ms. Clemmings? I know. I see what they're requesting. I don't have any specific questions. I don't have any specific questions right now. Okay. Any other board members have any questions for this applicant? Mr. Hoffman? I'm sorry? The variance is for limiting the site setback. Is that it? There's essentially two variance. Correct. I'm not sure if I'm supposed to speak or explain. Go ahead. Please. Yes, currently there's two variance because one, let's talk about the woodshed in the back, was built 40, 50 years ago, is close to the property line. So obviously that becomes a zoning issue, hence the reason why the variance. And the second one, I'm not sure if you have the survey in front of you guys, but okay, it is correct. It's the existing building, that property line that you see, it is at 3.9 feet and technically needs to be at 10 feet in order to meet the current zoning setbacks. So essentially this is what I'm asking without moving the building by keeping the existing, the building intact. So how does lot number 23 come into play here? Correct. So lot 23 become a, essentially this whole property consists of three non-conforming lots. So lot 23 become, its own parcel ID becomes a single family lot non-conforming and allows us, per this zoning, allows us to build a single family dwelling with obviously the current setbacks of today. Okay, so you're going to stay within the setbacks on lot 23, it's just that your existing is close to the property line. Are these going to be single, are they going to be the same owner as a lot, are the lots being consolidated into one parcel? No, so right now it is one parcel. Now it is one parcel. Correct, this is all one parcel. What I'm trying to do is create a second parcel with lot 23. Which you'll either sell off or use separate. No, we would like to build on it and that's the reason why. Okay. And we just want to keep the 1950s intact because technically we can build three single family homes on this property. We can build up to five townhomes. We don't want to do this. We just want to build a second one by keeping the 1950s intact. Okay. Okay. Thank you. Okay. Mr. Humbert? I just have one question. Are you planning to ask for any kind of change from RU to anything else? No, no, no, no. No, the zoning as we're not touching or asking any variants. And actually to answer a little bit more your question is on lot 23, I have to stay within the setback of a non-conforming lot. So it's going to be, we already discussed this in the past, it's 35 feet on either side, the current setbacks essentially. Okay. All right. If you don't mind, just step to the side. I'm going to check with the audience. Is there anyone in the audience who would like to speak in favor or opposition to this variance? Seeing none. Is there a motion to approve? I motion to approve the variance. I just need to do one, right? Or are there two variance requests? There's two variance. There's two variance. Oh, please. I'll read it. Yes. You need to state approved for both variances. I motion to approve the request for variances. As depicted on the survey. As depicted on the survey. I'm trying to find it. Sorry. 830-24. 830-24. 830-24. Where am I? Good job. Okay. Do we have a second? I'll second. So we'll bill. So, Ms. Clemons made a motion to approve the variance. We have a second by Mr. Humberg. Mr. Hoffman, how do you vote? Any discussion? No. Seeing none, Mr. We call the vote now. I vote aye. Aye. And aye. We got a no aye. I apologize. He can't vote. He can't vote. No, I mean that. I see that this variances have been approved. I will now read the six points. In order to authorize any variance, we have to find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to others. 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 constitute unnecessary and undue hardship on the applicant. Second, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. These variants have been approved. Well, thank you so much for your time. We appreciate it. Madam Chair, just for the record, since we have five people sitting up there, the vote was... I'm sorry? Just for the record, since we have five people sitting up there, but the vote was 4-0, correct? That is correct. The vote is 4-0, correct. Thank you. Thank you for your time. You're welcome. Mr. Bodie, may we have our next applicant, please. Yes, item H-2, Alan B. Ange and Barbara C. Ange request two variants as Chapter 62, Article 6 of Brevard County Code for a principal structure in a swimming pool in an RU-1-11 zoning classification. Application is 25V00014, located at Tax Account Number 2608503 in District 4. Can the applicant come to the podium, please? Hello, my name is Alan Angie, and the reason for my variants request is Hurricane Milton tore off a portion of my carport roof. Okay, sir, before you go any further, I would like to swear you in, please. Oh, I'm sorry. You're raising your right hand. Do you swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth? Yes. Please present your case. As I said before, the reason for my request is the variants that I found was needed. It was after I had to have the survey redone on my property. My house was built in 1957. I've lived in it since then. Hurricane Milton on the 10th of October destroyed about half of the, it's just a roof. It's not a permanent structure on my carport. And that's what I'm hoping to have a variance for. I found out that the variance, actually, there are two variances needed. One is for the deck part of my swimming pool that's too close to the fence line, for one thing. And the deck, the slab, the concrete slab part of the carport that it stands on is also too close to the fence line. And then those are the two variances I need. But my initial request was just to have the carport roof repaired. It had nothing to do with the swimming pool. It's on the opposite side of the house. It wasn't damaged at all in any way. And that's the reason for my request. Okay. Thank you. Well, I see this is in District 4, and Dr. Bass is not in today. So I just want to start off the question, if you don't mind. I just want to be very clear. Okay. So what I hear you saying to me is that the first request, you want to replace the carport structure, correct? The roof. It's only the roof. That's all we're talking about. The roof. That's all there is. Okay. The roof and the support for it. And the support for it. And the second request is to legitimize your existing swimming pool because you're saying it's too close to the fence line. Just the deck. The deck. The deck part of the swimming pool. No, that's not true. It's for the swimming pool structure itself. The swimming pool structure does not meet the side street setback. It's supposed to be five feet more than the 15 foot for the side street setback. It's not for the deck. We don't regulate the deck at all. Okay. So that's to legitimize existing swimming pool, correct? That's correct. The swimming pool, he said, has been there since about 69 or so. And you stated that this was built in the 60s and the 70s, correct? The late 60s and early 70s, yes. Both the carport and the pool were built during that period of time. So that first request equates to 53% deviation with the code allows. And the second request equates to 77% deviation. Okay. I have no other questions. Mr. Hoffman, any questions? Not so much a question as a comment. It says here that you're a World War II veteran. I'm sorry. I didn't hear that. It says here that you're a World War II veteran. Yes. Thank you for your service. Thank you. And we're all sitting here in a democracy because of what you did. Thank you. Mr. Humber, any questions or comments? I just want to commend you guys for this Attachment B worksheet. This is very good. You did a good job. My daughter prepared that. You'll have to thank her for that. Don't tell me that. You're supposed to say you did it. Good job. Okay. Ms. Clements? No questions. What was that? I said no questions. Okay. Okay. I can't make a motion. Anybody would like to make a motion? Oh. You can, Ms. Chairman. Correct. But first, before we do that, is there anyone in the audience? I'm just going to ask you to step one aside one moment. And I'm going to say, is there anyone in the audience who would like to speak in favor or opposition to this variance? Seeing none. Would you like to make a motion to approve? I make a motion that we approve this variance application as depicted on the survey. Somebody's going to have to help me with their 224. Okay. The survey dated 224-25. I think that's it. We have a motion by Mr. Bill Hoffman. Do we have a second? A second. We have a second by Ms. Clements. Now we would like to take a vote with all board members. Discussion. Any discussion. Read the correct. And I will read the six points. That special conditions and circumstances exist which are not applicable to others. 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 and 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 constitute unnecessary to undo hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. And that the granting of 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 or otherwise detrimental to the public welfare. We have a motion to approve, a second. We have a call of vote. All in favor say aye. Aye. Aye. Aye. Nay. This variance has passed four to zero. Thank you so much. If you don't mind, before you leave, could I shake your hand? One veteran to another. World War II, this came better. He's coming to you, sir. It's 97, man. That's amazing. Thank you. Oh, I did it. Thank you so much. You're certainly welcome. No. Yes, no relation. My in-laws' family is from the Pennsylvania area, so. Okay. And then California. Thank you again. Thank you very much. You're welcome. So, my father-in-law. Yes, I can. You're so welcome. Thank you for your service, too, Steve. Mr. Bowie, may we have the next applicant, please? Yes, item H3, Aaron L. Khoris and Matthew W. Khoris request variance of Chapter 62, Article 6, Brevard County Code for an accessory structure in an EU zoning classification. Application is 25B-00015, located at tax account number 2511208 in District 2. May the applicant come forward, please? District 2 is the proper time. Good afternoon. Hi. Can we have your name for the record, please? Matthew Khoris. And you raise your right hand. Do you swear and affirm that the evidence you're about to give the Board of Adjustment is the truth? I do. Thank you. Good to present your case. My wife and I are asking for 411 square feet over the secondary structure requirement on a property in Brevard County. We are attempting to build a garage that will house our RV and boat. The property that we're building on is a property that we bought in 2018, and it was sectioned off over the years from the owners before it. They had owned it since the 30s, and it's a very peculiar lot. It's a T-shaped lot where really it's supposed to be two separate lots, but it was sold as one single lot with some zoning problems from the very beginning. And it has entry from one street and exit from another street, which is what we're trying to use. So we're trying to build a secondary garage so we have access to leave on the side street, MacGyver, because it's very difficult to get an RV or a boat trailer around the corner. And the size, the 411 square feet, comes from the length of the boat and the length of the RV. Okay. I see this is in District 2. Ms. Clemens, would you like to start off the questioning? Where on the T-shaped lot is the structure going? It is going in the west-south corner. Okay. And then where would the access to the, you said, auxiliary road? Where would that? Yeah, so that's MacGyver. So the property has entry through 2087 Rockledge Drive, and then it has exit through MacGyver Lane. So the primary structure of our house is 2087 Rockledge Drive, and then the secondary structure is actually going to be on MacGyver. And you said the southwest side? Southwest side, yeah. Okay. I don't have any questions. Yeah, I see it. There's the building there. Oh, this is Rockledge. He wants it here. No, he wants it right there. That's MacGyver. There's this house over here, as the building is proposed. It's proposed. Do you have any more questions, Ms. Clemens? And you said, is it a two-story structure, or no? It's a single-story structure? It's a one-story structure, but it's tall. Okay. And what was the square footage on it? Just over 400? Well, it's 411 feet over the requirement. Yeah, the requirement. We're asking to build 2560, and our allowed is 213950. I'm assuming power, water. Yes, ma'am. Any apartment living? No, no apartment. And the power and water is actually right there on the corner, and that's what feeds our other houses. Any plumbing? No plumbing. Okay. No other questions. Okay. Mr. Hoffman? Yeah. I'm just a little bit confused because I'm looking at the survey, and I'm looking at the aerial photograph. The aerial photograph shows that your structure, your existing house, is in the, whatever you call it, straight part of the T? Yeah, yeah, the T. Yeah, exactly. And then on the survey, it's showing, is this the new construction? So there's a little pool pump house? Is that maybe what's confusing right behind the pool? No, is there a way to, I'm sharing mine, if you want to look. Sure, do you want me to step in there? Just, so this one and the aerial, well, pull up the aerial photo, turn it over the other way. One more. Yes. Okay, so see how the house is sitting on the T part? Uh-huh. And then if you look at the survey, it's showing a structure on the next to the road. That's the proposed structure. Is that the proposed? The proposed structure. Okay. So they left that out, and then that's the proposed structure on the survey. Okay, it's not the way we usually see the surveys, that's fine, just to clarify. Okay, now, is this new structure meeting regulatory setbacks? Yes. The way it is now? Okay, very good. Thank you. Thank you. Any questions, Mr. Humber? No. Okay. Bill asked my question. Okay, now I'm going to just ask you to step aside. I'm going to see, is there anyone in the audience that would like to speak in favor or opposition to this variance? Seeing none, you may come back. Good job. It's close. Any concluding comments? For myself? Yes. I don't see any, officer. Thank you. Thank you. Okay. I don't see a date on the survey. Hold on. 4-1-25. Do we have a motion? I make a motion to approve the variance request as depicted on the survey, 4-1-25. We have a motion by Ms. Clemmings to approve. Do we have a second? I'll second. We have a second by Mr. Humber. I will read any discussion, seeing none. I will read out six. I'm sorry? Thanks. Thank you. Thank you. Wait a minute. Wait. Where are you going? What? He told us this. No. There you go. Just stand there. Oh, wait. Let me just say this. Okay. Yes. Thank you. Apologies. So I'm going to read, in order to authorize any variance, the Board of Zoning must find all the following factors to exist. That special conditions and circumstances exist which are not applicable to others. 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 in identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. That the grain 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 or otherwise detrimental to the public welfare. We have a motion to approve. I'd like to address the Board before we go ahead and approve this. Whenever we looked at the survey just right now, it does not meet on the survey that was provided for the variance. It does not meet the 10-foot setback on the one side. It says 8.9. However, on their survey they provided for their building permit, it does meet the 10 feet. So it needs to be stated not as depicted on the survey, but as depicted on their request for the square footage over it. Okay. If you could do that. So can we change it right now, Ms. Clemmings? We just need to clarify the motion. Yes. Okay. I make a motion to approve the variance requested as depicted as requested by the applicant. And a second? Second. Now we have a vote. All in favor, say aye. Aye. The variance have just been passed by 4-0. Your variance have passed. Thank you. Thank you. Mr. Bodie, that's the end of our... That's not every day, no. No more variance, correct? None today. The meeting is adjourned. The opinions expressed by any member of the public...