Board of Adjustment on 2025-06-18 1:30 PM - Jun 18, 2025

of the united states of america and to the republic for which is the one nation under god indivisible with liberty and justice for all i now call this uh board of zoning adjustment meeting for brevard county to order for um our meeting of june 18th 2025 um are there any staff announcements before we get into the meat of the no okay um next order of business is here for the board uh we have our meeting minutes that were distributed um do we have any additions or corrections edits no okay i need a motion to approve the meeting minutes i make a motion to approve the meeting minutes i need a second i second so we have a a motion by dr bass to approve the meeting minutes of the previous meeting of may 21st 2025 we have a second by miss clemens all in favor say aye aye aye any opposed okay motion passes um mr bode could you uh give us a reading of the function of the board of zoning adjustment 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 above our county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and the signed regulation in chapter 62 article 6 and article 9 pursuant to florida rules of appellate procedure any person or persons jointly or severally agreed by any decision the board may board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief mr chairman you have seven items on your agenda today thank you mr bode dr bass could we have this second reading which is the definition of an undue hardship an undue hardship a variance may be granted when it will not be contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result 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 responsible use of the subject property under existing development regulations personal medical reasons shall not be considered as grounds for a establishing undue hardship sufficient to qualify an applicant for 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 will now address the board our audience and the applicants regarding today's procedures for this board board of zoning adjustment hearing the board of adjustments as a quasi-judicial board with members appointed by the brevard county board of commissioners will utilize robert's rules of order to conduct its proceedings the chair is asking all board members not to ask questions while the applicants are making their initial 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 chairman 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 once and only once no repeats at the conclusion of that 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 at that point the action moves to this side of the bar and the board will discuss and take action up we will not use a timer but instead we are asking each speaker to be concise in what they have to say it is important that you stay on the subject and avoid information that is not relevant and i'm going to add here it looks like a large audience today so i'm going to be mindful of maybe cutting you off if it if i determine that you're getting into too much side extraneous information that's not going to be relevant for please feel free to the audience i'm going to be relevant for the moment if you are just the japanese but not sharing that i'm going to be relevant for the fact that i will give you an impact on the truth if you will listen to it to me so if we are going to a minute we will be in a minute one on the floor to the point and just go ahead and place the room and then on the floor to the floor too are there any questions from the board regarding these procedures are there any questions from the applicants regarding this these procedures today are there any questions from the other audience or speakers today regarding these procedures seeing no objections from anyone we will proceed to what you're all here for and that's the meat of the applications so mr bode can we have our first applicant please yes item h1 phoebe a and david m slinghand land request three variants to chapter 62 article 6 brevard county code for principal structure pool and cover dock in an ru-1-9 zoning classification application is 25v 00016 located at tax account number 240-8936 in district one thank you applicants please come forward and i will ask you for your name and address and swear you in before you do your presentation so first name address david slingerland 818 herron road coco okay you're going to speak as well no all right do you swear that the the testimony you're giving us today is the truth it is okay you might want to pull the microphone up a little bit to you there yeah i know it's a little unusual okay go ahead please how can we help you i'm here for variants to legitimize the existing structure that we recently purchased um so we can put a new roof and fix leaks and things like that we're putting a we have an existing screened in porch that we'd like to enclose and it's currently setback is in question i guess so we had to get a survey and everything and when we went and showed the survey it was with i guess it didn't meet the the setbacks from the canal okay it's already existing structure but okay your application arises in district one which is let me get my see i sorted my paper and lost my uh my header oh there it is all right this one now um district one which is uh miss millard's uh district as chair or chair for the day um i will take over the role of being the uh the district one um board member we have the mat we have your um what you put forward here um can you tell me it's a little hard to read on my copy of the how much of the setback are you asking to be relieved of i believe the setback is required to be 20 feet and we're 11 feet currently the existing structure so you're about nine feet yeah okay and this abuts a road uh no it's on the canal okay point set i see there's like a north north side and also the side is it approximately the same problem on the side um no the only setback issue is the pool that's existing and the um enclosed porch that's currently a screened-in porch which is against the neighboring property uh that's the canal side my oh okay okay these are just okay okay all right that answers my questions uh anybody any of the other board members i just wanted to yeah the phone um so these were existing this is the way it was this has happened this happens before things change all right so uh you just want to um screen in what you already what is already there it's it's currently a screened-in porch and it's leaking and we want to put a roof over that and enclose it okay all right can you help explain the cupboard doc i can try um it is currently i think a few feet oversized it's supposed to be 600 square feet total and i think it's eight or ten feet too large okay and there's no changes that need to happen to that no it's just requesting for it to fit into that just to legitimize everything that's already in place and you plan on um fully enclosing like adding air conditioning to your microphone more so you plan on enclosing the screen porch into a full living space to include air conditioning and no we're just going to enclose it um basically to a weatherizer weather print yeah like a florida room okay i have no more questions i don't have any questions either i need you just ask you to step aside so i can ask if there's anybody that wants to speak and you don't have to go far is there anyone in the audience who wishes to speak in favor or against this uh application i see no one raising their hands so please come back if there's any last comment that you want to make nothing for me thank you you may take your seat thanks okay um first thing we need is a motion to approve or disapprove i'll make a motion to approve the variance as depicted on the survey with the revision date of uh mr bode what is the date oh april 4th 2025 april 4th 2025 thank you okay do we have a second i second okay uh do we have any board discussion on this no i don't know straightforward well in that case in considering this application you need to keep in mind the you need to keep in mind the hardship questions and i will remind you what they are in order to authorize any variance the board of zoning adjustments must find all of the following factors to exist that special conditions and circumstances exist which are not applicable to other properties in the in the area that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and constitute unnecessary and on due hardship that the variance granted is the minimum variance that will make possible the reasonable use of 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 with those questions in mind what the board with those questions in mind the board members i can now vote all those in favor say aye aye any opposed the motion passes and the application is approved mr bode could we have our next applicant please yes application h2 nicholas and maria denoy request for variances chapter 62 article 6 bevara county code for principal structure and accessory structure in ru-1-9 zoning classification the application is variance 25 v 00017 it's located at tax count number 2953011 in district 3 thank you i see the applicant has already come forward i assumed um name and address for the record please nicholas denoya 130 atlantic drive melbourne beach do you swear that the testimony you're giving us today is the truth i do okay how can we help you um my wife and i applied for this variance for uh ends up being four variances after we had a new survey uh done uh recently um there's a the home itself um we found find out is about a half a foot from the west side um the principal structure you know closer than it should be and this is as i said if i didn't say pre-existing we moved in five years ago and um and on the east side it's supposed to be 20 feet and it's only 18 and a half that's the principal structure on the uh we have a garden shed that uh apparently was built in place um somewhere around the time the house was built in the 1980s that's a half a foot from one side and i can't remember which one but and the other was uh 1.1 feet or something like that and um the reason this came up was we uh put an application in for a to add on a screen porch and during the application process this this came up that was a deficiency and we did think that maybe we could just move it but we had a contractor come in and he said being as it was built in place it would have to be demolished or unassembled and and and it just was not a feasible idea we we thought that we used the shed we fixed it up painted it put a new roof and gutters and my wife made it kind of prettied it up and it's it's like an asset in the backyard now and and we thought about moving it but uh it didn't seem like it it could be moved without unassembling it and it's and it's a stick built thing you know it's not it's not like a plastic one you buy at home depot or something um your application rises in district three uh mr homebar is not i think it's district three is that correct okay i lost my menu um so i'll i'll begin the questioning could you just summarize so how how much are you off of the variance like are you a foot and a a half too close on one side half a foot on the other just uh you're talking about the the garden shed or everything everything okay just just in summary 0.9 feet from the west side of the principal structure uh now may so you're you're closer by 0.9 feet than what's allowed correct okay that's the kind of answer i was looking for okay all right and on the east side of the principal structure we are 1.1 foot closer than the setback okay on the uh the garden shed or the other structure it is if i get this right to allow uh 4.9 feet from the required 7.5 on the north setback of the accessory structure and 5.5 feet uh within the 7.5 feet on the west setback that's if i said that right have you had any um discussions with your neighbors i did and with the there's two bordering neighbors and they both didn't have a problem what's about it at all okay they didn't give you that in writing no but you swore to tell the truth here so i didn't believe you and i talked to the neighbors actually yesterday when they wished me good luck i said all right i i think that's a good presentation anything you want to add was i think that summarizes it okay just as procedures i need you to just step aside a little bit is there anyone in the audience who wishes to speak in favor or against this application uh yeah please take your seat all right i need a motion to approve or disapprove this application for a variance i make a motion to approve the variance as depicted on the survey provided um 331 2025. i make a second okay we have a motion by miss clemens and a second by dr bass to approve this application um do we have any board discussion i have nothing no comments i personally find these to be minor um variances so yeah um with that let me read my uh my acquired okay there we go okay um in order to authorize any variance from the terms of this chapter the board of adjustment shall find all of the following factors to exist the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification as the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant 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 variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those conditions requirements in mind i will call the vote all in favor say aye aye aye any opposed your application passes the motion passes your application is approved okay um mr bode could we have the next applicant please yes item h3 robert lawson and christine and brew requests variance the chapter 62 article 6 bevard county code for a doc and an ru-1-1-11 zoning classification application is 25v 00018 located at tax account number 2606612 and district 4 thank you uh district 4 is dr bass would the applicant please come forward please would you state your name and address for the record please my name is robert view 465 cardinal drive satellite beach did you hear me do you need me to repeat okay uh are you going to speak okay uh do you swear the testimony you're giving us today is the truth i do okay how may we help uh yeah i contracted with dc marine construction to build me a boat dock on my property um the um when they built the dock they built it one foot past the authorized projection the projection was 20 feet they put it at 21 feet i um and so the final bill permit got uh uh got disapproved so i'm here asking for a variance for the one foot of a difference to get get the permit approved i tried to work with dc marine to uh to find other options however they uh they refused to accept response responsibility and and cease communication with me uh and right now i got a boat dock that i can't use i can't put a lift on it or and or do anything else with it and if i decide i want to sell a property i can't sell a property because i got an open contract with dc marine so i'm here asking for a approval for the variance president um district four yes that's my district okay thank you and i did go by and look at this property and it is exactly what he says we're one foot over i saw four docks in your immediate area and they are all of comparable size in fact the one behind you i think it's a little bit larger uh the one foot over code certainly does not impede the neighbor's view of the waterway nor does it impede any boat traffic on the waterway so you're not in harm's way of causing problems with anybody that's on the water uh therefore i uh think that this is a reasonable request this time do you have any questions questions um just briefly layman's terms how did the one foot projection happen and and i've often heard about seawall repairs and things like that honestly uh i don't think the contractor looked at the the survey prior to starting uh at first he had me go back to the survey company having having rechanged the survey and then on the phone call he blamed the uh your guys for not being able to add um so he's he it's he's yeah so it's the contractor's fault okay i don't know what he did or we didn't do it i don't think he did he didn't do his pre-analysis did you add a seawall he did a seawall and with the dock it was all in one contract the seawall passed although there's some issues with that we finally got that to pass and then with the dock was the last issue when you did the seawall was it 18 inches added to the existing yes the initial permit the contractor put in uh had i think 18 inches in the county told him to pull it back to 12 inches or something but and so he messed that up which of course threw everything else off usual we see a lot of that here um any other questions for this applicant no i have none no okay just step aside let me do my procedures here is there anyone in the audience who wishes to speak in favor or against this application okay i thank you thank you all right thank you uh okay board members motion to approve or disapprove i think it starts with you i make a motion to approve this variance as depicted as depicted in the revision dated survey of 128 25 do we have a second make a second all right it's 228 the date is 228 25 okay okay um let's uh 2 28 25 let the record show please all right um let's okay do we we have a motion on the floor is there any additional discussion no yeah just okay um let me read the uh six qualifiers in order to authorize any variance from the terms of this chapter the board of adjustment shall find all of the following factors to exist that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure 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 with these six uh criteria in mind i will call the vote all in favor say aye aye aye any opposed the motion passes and the application is approved mr bode could we have the next applicant please yes item h4 michael j and elizabeth h wiskowski request three variances of chapter 62 article 6 bevard county code for a principal structure in a bu-1-a zoning classification application is 25v 00020 located at tax count number 2501 703 in district 2 thank you would the applicant please come forward good afternoon good afternoon name and address for the record please michael wikowski 905 south courtney parkway north island are you going to speak no okay um do you swear that the uh testimony you're giving us today is the truth i will okay how can we help you well to start off with i have a very unusual property size and because of that i am currently looking for three variances uh one for one for the north side one for the rear and one for the south side um we have an rv we were looking at doing a putting up a garage for the rv and some miscellaneous storage um the property lines um because of the property lines the setbacks are not actually for the full widths or for the full lengths if you will on the north side um i'm looking at about a three foot by three foot setback um because it's a triangle um it looks like on the the rear setback it's about a five foot setback and on the south side it's uh about a four foot six inch all the way down to about five feet from the existing building where it goes to zero and that would be a triangle piece also um definitely an odd shaped parcel um i lose probably about 30 33 to 34 feet off the back property line because it goes into a pie shape or a triangle um other than that um that's about it location arises in district district two miss clement you have the floor what is your plan for access to the new garage edition uh right in the garage the driveway we have now going into the back it's um so this structure right or this right here may i yeah yeah that right there that's where you would access and then we need to have him talk into the microphone so that we can sorry you pointed out where it is you can yes exactly where you were talking about and the structure you're wanting is right here yeah just circle i'm just trying to figure out if it would impede on the school no absolutely not the school does not have any access to that property there's a fence there and there's no exit from the back of the property to the school parcel correct no and there's no plan for that no absolutely not okay do you have any questions oh i'm sorry i think i have one more i'm looking at the white structure that's on your parcel what is that you see the long rectangular white parcel or white structure that is actually not on my property that used to be a mobile home that was removed by the school district okay so the lines are just skewed on this particular the lines are definitely skewed no two ways about it so the the structure we were looking at is going to be behind the existing structure of the house of the house and we were just going to add to to that three new walls meaning you're going to use one of the walls of the home correct okay any other questions uh i don't now the other the only question i had was on the white the white building there so that's the only one i had that's been answered thank you those lines often come off the property appraiser lines and the the photos often don't line up i have no questions um procedure wise i need you to step aside for a second is there anyone in the audience who wishes to speak for or against this application hey if not i do have one you know i was thinking and and being as old as i am i lost it so come on back um okay uh any any last words all right we'd like you to approve the variance okay please take your seat please thank you all right um i need a motion i need a motion from a board member to approve or disapprove this i make a motion to approve the variance as depicted on the survey provided by the applicant signed for 23-2025 i'll second that okay so we have a motion by miss clemens a second by dr bass to approve this application is there any board discussion if not i will read the uh six criteria honestly this reading of the six criteria is the most work i do at this meeting um in order to authorize any variance from the terms of the terms of this chapter the board of adjustments shall find all of the following factors to exist that special conditions and circumstances exist which are not applicable to other lands 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 will not confer on the applicant any special privilege that is denied by the provisions of this chapter other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant 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 with those criteria in mind i will call the vote all in favor say aye aye aye all opposed any opposed hearing none uh the motion passes and therefore the application is approved uh mr bode could we have the next applicant please yes item h5 matthew and syvetlana nelson request variants of chapter 62 article 6 brevard county code for an accessory structure in an ru-1-11 zoning classification application is 25v 00021 located at tax account number 243-1186 in district 2 thank you would the applicant please come forward i will need your name and address for the record yes matt nelson 2155 i don't know how you can adjust that for your mind you'll have to lean in um are you going to speak no all right all bashful today um do you swear that the testimony you're giving us today is the truth i do okay please proceed okay essentially i'm here today to uh request a variance uh it's quite significant i believe it's off the side of my property uh due to uh the location of the property uh and the adjoining properties around um the setback that is uh opposed on my property is quite significant and actually makes uh makes uh my side of the property unusable basically um i did come into the area with the uh apprehension that i would be able to build a rv carport uh there it's not a it's not a full structure it's just a roof structure uh no sidewalls or anything like that and um when uh i was here looking at that property um we we did drive around in the neighborhoods and there is other uh structures of this nature um very close to their fence line as well and so um as i looked at this uh we decided that uh this was the right property we were able to come in we did permit to move our fence to our property line we did receive that from you and so now we're requesting if we can uh install our carport just inside that fence line to allow for my rv and my my tow vehicles i did reduce the size of the carport to the proper size and i'm maintaining the setbacks all around um and uh so and i've also moved some other structures around to make sure that i'm within code so your structure is just an open air cover yes ma'am yes ma'am and it is within the fence line that has been approved and you put in so it's within that yes ma'am do you have any other questions oh i'm good you're good all right i think so she looked at the um the structure in the picture is your rv in fact correct yes ma'am okay or the yes the one i see in the picture is sorry yes yes we're good we could approximately when did you come in for the fence um relocation variance two years ago okay yeah i made out this process for a little bit so uh and then i took a break because i was thinking oh my gosh they might not they might not give me a variance but then uh as i started talking with my neighbors you know because all my neighbors approved this you know i came into the neighborhood i've really improved the property all around uh beautification all for the street and everything else i've been doing a lot of work on other people's homes and so uh they just said hey you just need to go for it so that's why i'm here banana river tribe and as i as i asked the other gentleman how much are you actually encroaching on the uh setback what's the dimension uh that's the issue um it's to my property fence so it's 14 feet it's the entire setback one foot less one foot less so okay yeah because yeah it's it's unfortunate the way that piece of property is whereas my neighbor down at the other end his uh right of way to his property line allowed him still a 20-foot area to be able to build on and i was you know i don't know it's just the way the developer situated uh put the uh that that particular uh development together looks to me like it fronts on a road that's correct okay all right did you add the driveway excuse me did you add the driveway to the side the pavers uh the paver front yes procedurally i need to ask you to step aside is there anyone in the audience who wishes to speak in favor or against this application seeing none um any last comments words do you good all right thank you thank you please take take your seat uh this arises in which district i make a motion to approve the request for variance as depicted on the survey provided by the applicant signed 425 2025 i'll second that okay we have a motion to approve by miss clemens we have a second by dr bass uh we have a motion on the table then do we have any discussion no discussion all right no no discussion you're going to put me to work time to read time to read so when we vote on this uh motion for the application we have to keep these things in mind in order to authorize any variance from the terms of this chapter the board of adjustment shall find all of the following factors to exist the special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant 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 keeping these in mind i will call the vote all in favor say aye aye aye any opposed the motion passes and the application is approved okay um mr bode could we have the next applicant please yes item h6 writer james worton and kelsey lee shepherd request variance in chapter 62 article 6 bevard county james worton code code for an accessory structure and an seu zoning classification application is 25v 000 222 located at tax account number 222 seven six two in district one thank you um applicants please come forward good afternoon uh name and address for the record please uh rider address for the record please uh ryder wharton 38 you're gonna have the tall guys are gonna have to hold that microphone ryder wharton 3860 pine top boulevard titusville okay kelsey shepherd 3860 pine top boulevard titusville okay uh you can both raise your hands at the same time do you swear that the testimony you're giving us today is the truth i do all right thank you um please tell us how can we help you sure we're here this afternoon in pursuit of a variance for a detached building on our property this is something that's intended to be used for like hobbyist purposes home gym things of that nature in addition i have a mower lots of equipment and a small tractor that i use to maintain that property the subject property and other properties and a truck and trailer for the transport of that equipment so the goal is to have some space to have that inside and then as well have some you know at home recreational use this isn't something that encroaches on utility or drainage easements and in addition it abides by the many minimum setbacks required per the county i'm sorry that last sentence was does not it it does not encroach on the minimum setback requirements per brevard county okay so it's just oversized that's correct okay butting in there your application arises in district one which is um our chair who's our real chair who's not here today so i'll take up that role um you mentioned that you had a trailer for the uh lawn mower and and and stuff are you in the business of no this is this is exclusively for private use okay do you have any have you spoken to the neighbors about this i i have um i have i have a few uh neighbors immediately adjacent um i welcomed to the property and we actually walked the subject area where the proposed structure would be um i think we've had a couple missed connections with um other neighbors adjacent to the property as well but um there's been some communication yes okay has there been any negative communication sure sure yep they don't like it uh no i don't believe so no i'm saying have they has have any of the neighbors that you've spoken with had objections yes they have they have okay what's the nature of the objections um i think it's line of sight uh the visual concerns okay um all right so i've already asked my questions as uh representative for district one do we have any other questions from the board go ahead so when you say line of sight are you speaking from the front of the home or the rear of the home uh the sides the sides of the home i think primarily yes okay and i see a bunch of pictures with lots of things in the yard sure there's additional yeah we received letters of uh you know are all of these letters related to this one application yes okay is the plan to put those items inside this structure negative okay what would go inside you said home gym yeah home gym general hobbyist space um general woodworking light tinkering um and then in addition the uh the equipment that i mentioned and the equipment used to transport said equipment okay so the items that i'm seeing in these pictures would remain outside of the prop outside of the structure sure and i'm happy to address those um as well okay the and i don't know if it's something we can present to you real time um the subject property there has been cleared those are again more ornamental in nature not um considered by me at least to be like uh these are your this is your property though correct correct not the subject property with the variance but other a different property so where is this property that property is in unincorporated brevard as well in the port st john area i guess i'll have to ask why we have these these came in as objections i understand that why are they not why are we looking at these pictures and they're not related to the property all right okay we're being presented okay okay so finish what you were saying i'm sorry that these this is a completely different property and this will stay as such that is correct not not exactly as such um that has been cleared since whenever those photos were taken um and i'm happy to share photos of that to depict okay and there's no current code enforcement um on the subject property we're talking about not to my knowledge no there has not been in the past either when you say the other property's been cleared i'd see that there's vehicles looks like abandoned vehicles and some of the pictures yeah are they on the other non they were yes but you've cleared those away that's correct okay any other comments questions give you some time so there's yeah two pieces of property uh explain it to me again one more time i'm having a hard time with this picture uh so you're putting a different a separate building the subject property uh this variance is filed under is where we are pursuing the um separate separate buildings secondary structure okay which is behind the property which has your home on it that is correct all right and then this will be as you said this will be an additional building it'll be one story or two stories it's not intended to be two stories i think there are some concerns with that as well um typically two-story buildings require an 18-foot eve height uh we would not be that high um it's also not intended and never has intended to be an accessory dwelling unit an adu this is just a detached building not built out for for livable use the detached detached building and it's for and the use the purpose is the purpose again would be just general hobbyist use uh the storage of the equipment used to maintain the subject property that this variance is tied to in addition to the other two properties and then in the equipment used to transport that that equipment as well as a gym and this building is closer to the property is close to the property line there's no variance request that's what it's for it's for the no no no the variance request is not the distance oh okay all right it's 900 square feet too big for what's allotted for the lot it's not it's not for the location of it thank you that helps i always um talk to me about the trees i see quite a bit of foliage in this section where you're trying to put it sure um so previous owner had the property uh for a couple decades um and if you go way back in time you can see that they were clear um there's actually sprinklers inside of all these these vines um i think most brevard residents are aware of um the invasive pepper trees of sorts and uh the kudzu-esque uh vines that that that climb up and suffocate that vegetation um the the wall um the tree line on the east side of the property it is very dense and it's comprised mostly of those pepper trees and those vines in addition they've they've crawled up on top of the mature trees as well large magnolia trees on the property and throughout time we've just made a diligent effort to cut those out so that those resident trees can thrive there's no plans to remove any vegetation that would not need to be displaced so nothing needs to be taken down to do this accessory structure there's a small tree island uh near it but um the footprint of the proposed building location is the vast majority of it is those um like pepper trees are invasive um yeah just just overgrowth what's your plan for access to the accessory building the accessory building um would be biased towards the east side of the property which aligns with the driveway um which which minimizes additional driveway length um wrapping around the property which i think would affect drainage and you know further impact to the the property as well um so the the access would be just a natural approach uh directly to the building um i don't know if that would be rock or bark or pine needle something like that that you know aligns with what's written in the uh sure and there's no plan for driveway or pavers not not a not a paved um asphalt or concrete at least not at this time that's my question the access to this building is behind your house through your house correct so there's uh there's no roads behind the property that back here that is correct there's a utility and drainage easement that that runs the length of the rear property line okay but there's there's no access road or um any sort of right-of-way platted right-of-way in that area right so you'll be coming in through the front past the pool and then out to your facility it would be around the around the right do you mind if i point it out would that be helpful no we we that's okay he's gonna come this way right there okay yeah any other questions procedurally this is going to be you want to take a seat thank you just just either where you were kind of looks like we may be here a bit uh so i'm looking for hands raised of anyone who wants to speak for or against this application so as chairman i'm asking how many how many succinct groups are there i saw hands over here so there are four succinct groups five okay the president of the evergreen community association so i think some of them are residents so probably have a warning ordinance yeah what i'm looking for is i it it looks like you have maybe a dozen people here is it possible that someone could speak for a subgroup like who we have okay i don't mind if you come forward but i whatever it's sir why don't we just start with you yeah you come forward either one let's get started good afternoon okay i have a couple questions first is name and address for the record name and address for anthony russell 3885 lost street court i'm in the hidden hills subdivision adjacent to the evergreen subdivision okay second question is raise your hand do you swear to tell the truth and or the testimony you're giving us today is the truth yes it is third question are you speaking for or against the application i am speaking against the against the application okay with that settled please go ahead thank you i believe you probably already have copies of my presentation we have a bunch of letters in presentation anthony okay anthony russell we have it you do have that yes sir could you please yeah i'm gonna go point by point upon review i'm within 200 feet of the property so i received a notice for a variance request by mr wharton i reached out to him he was not able to respond back to me i did want to discuss that with him the desired building when i started to do public research because he wouldn't communicate i was concerned about the height because having an accessory building myself i know that 18 foot is all that's necessary to achieve a 14 foot clearance on a garage door for an engineered building and so that's more than adequate anything above that would raise concerns that maybe he wants to do a second floor dwelling he would need an additional couple feet at minimum to achieve that the desired location extra large size directly against the north side of his property raises concerns of diminished property value to my neighbors which directly affects my property value average values in the home and south carpenter tiesville area range from 500 000 to well over a million dollars which is a significant county tax base upon examination of the brevard county variance hardship worksheet it's clear he didn't answer the questions and he admits it in question number one in my opinion he did not directly answer the other questions and much of his answers repeat in general because they have one why can't i mr wharton wharton purchased his home march 2025 and immediately planned a request for this variance the law is clear that the buyer receives a signed copy of hoa rules when he buys the appearances that our neighbor does not intend to abide by the evergreen hoa covenants he signed up to i will not further speak on behalf of the evergreen neighborhood the rod county public records based on me doing public records research shows that mr wharton also owns two properties in port st john at 68 27 and 68 39 ackerman ave coco a home and adjacent basin lot aerial pictures of said property are of a concern upon a drive-by of said properties you can see numerous portions i estimated 10 to 12 vehicles not actively tagged in stacks of automobile tires much of this is visible from the neighborhood street some vehicles are stripped of major parts down to the frame and overgrown vegetation is visible these pictures were taken uh within the last five seven days i am told that a smell of motor oil is present at that location which brings up environmental concerns because in my neighborhood we actually are one of the few areas in brevard county that have drinkable well water so we all actually use well water so concerns about contamination is certainly an issue with me it appears that mr wharton is in operating an industrial-based business within a neighborhood involving dismantling and selling automobile parts likely violating numerous codes including environmental concerns for industrial hazardous waste disposal such as freon brake fluid and various oils surprisingly i found no records of code violations or any environmental related documentation online regarding the proper disposal of hazardous waste byproducts derived from his automobile disassembly are they on the ground that's the question i have could this eyesore and hazard hazardous waste concerns and portion john be coming to the evergreen neighborhood and adjacent properties to myself a public record search shows several ads on facebook marketplace selling a variety of used automobile parts from the vehicles in his yard i counted a few days ago up six facebook marketplace ads mr wharton appears to be running a business and based on buyer reviews he's been running this business in excess of four years and this is public information you can bring up on facebook and i actually provided attachments of some of his ads so it appears it's a long-going enterprise in summary i feel that mr wharton has not been forthcoming on his true intentions for requesting this substantial variance it appears that this request is an attempt to further the endeavors of a potentially unlicensed industrial type of business that would be a violation of many brevard county codes i look for business tax receipt things that i've had to comply with uh which also has hazardous waste fees things that i had to comply with and pay to the county to actually run a home-based business i saw no evidence that uh was available so it allows me to conclude that we have a problem this activity that he's doing is not allowed in the current zoning in my opinion for for uh port st john or nor the evergreen neighborhood i'm concerned that this building plan may also include an additional future second story dwelling on the property since i was unable to obtain information on the height that he wanted to build i am against brevard county granting the substantial variance request for an oversized building and i am further encouraging brevard county to examine mr wharton's other properties for code and environmental compliance before granting any building request that concludes my presentation hang on um any questions from the board members for this uh witness no thank you okay thank you um of the four of you flipped a coin who wants to go next do you how many copies do you have i don't think we do have that you need to give one to staff we can share this one if we don't already have it sorry name and address for the record john myers 1221 sampine circle titusville 32796 okay and you say you're representing i'm the current president for the evergreen community association are you representing them or are you here as a person i think we've got several members that would like to speak i'm just going to wrap up the top level okay we'll take you as a individual okay private person okay now i need to swear you okay um do you swear that the testimony you're giving us today is the truth i do okay um i'm just gonna because we have a lot of uh testimony this uh memo just kind of condenses the top three concerns we have as an association um the first one is in uh relation to the hardship uh variance question number five where it's asserted by uh mr wider that um we've granted or had variances in the past in the neighborhood and that's false no structure that has been built has required a county variance to this point throughout the 44 homes in the neighborhood um typically um you know we have a design committee review uh that anything above a 700 square foot um outbuilding goes through that that process was initially done however after examining concerns the neighbors that were rescinded which is the second document you have there um flood mitigations our next big one in several our members uh to include my house are on the tail end of the flood plain that feeds down in the uh wranglin acres through our south and eventually to fox lake for instance last year somebody in wranglin acres bound up a drainage easement and then it backed up water so our concern right now is a building this large in size could potentially throw off um you know the the storm through the storm system in the neighborhood and exacerbate some of the flooding issues we have right now and to that end if we if this variance is granted we do request some kind of flood survey be done to make sure that it's not going to overwhelm the current storm system that's been there since you know the early 80s the third point environmental impact there are gopher tortoises we believe they're gopher tortoises are big but there's a lot of wildlife in the area if you look at the covenants for the community association this was always built to preserve as much national landscape in the area um as uh mr anthony said that we are on titusville's aquifer so any kind of contamination would be a concern or impingement on you know for a fauna in that area and um so to that end we would like an environmental view done as well as to impacts of the structure on any threatened species in the area that we think are in the area that's the pretty much the top three um do you have any questions yeah yes um can i start yeah sure um so you made a couple points there and i've done i want to question his structure is not on the uh setback drainage easement so you said there was concerns that it may impact the drainage yeah the concern on the flood and i think uh we've got another gentleman here who's my neighbor who usually suffers from the flood um issues is that with a large concrete 2 600 foot structure which is as large as some homes in the neighborhood um that's going to reduce the ability for the ground to absorb water and then cause faster runoff which will eventually work its way into flooding some homes okay so you're concerned about the impervious yeah impact okay um you i saw pictures and you mentioned gopher tortoises um is there any evidence of gopher tortoises on that i did not observe some i know our the two adjacent neighbors say they have observed some in the area but i haven't like gone out and looked for sand holes or anything but that's something that i think has to be done at some point before any kind of variance is granted i we know of one which is in about 300 feet of this uh property on the structure site itself i don't know i haven't observed it that was just a concern that was raising me all right third is i keep asking you questions about environmental but it's beyond the purview of this board we only look at the zoning regulations so i appreciate your concerns but for myself i won't take those into account i understand regarding the the zoning um okay any other questions i'm sorry i did cut you off no you didn't um you mentioned something in the very beginning when you were going over point one about it being approved and then the letter yeah so when you explain that so when he moved in uh he sent the design request to me and the way this works is i as a president like the entry point then it goes to our design committee review for review i think part of the problem is when um it was put in the the diagram was not to scale so when they looked at it they didn't really understand that a 40 by 60 equated that large of a structure so when we did it on ground uh walk through with mr warden 150 foot backspace of his property this takes up 60 feet of that and that kind of puts in perspective and then you start getting adjacent property neighbor sight lines um with current vegetation they're going to be able to see it from their pools and their decks at a minimum initially it was approved it was and then that's the recension once we got feedback from the community that there's a lot of issues that weren't identified during the um who was the party that approved it uh well i mean richard um defarian is the current committee chairman but he he signed recension too okay and this is just out of clarity it's going to be a 2600 square foot it's not it's 990 square feet greater than what is allowed for the variance yeah and it's almost 2 000 more than the actual hoa allows our our limit in our covenants is 700 square feet and then you have to go in to request permission to build a bigger one yeah uh according explain your association now this is a homeowner's association or is it a how does that differ from a community or i don't know what the florida legal basis is between an hoa and a community association we pay over 200 dues a year it's got a set of covenants when they put that neighborhood in they had a whole bunch of rules like that that was what i was looking for so you have covenants yeah we do all right and they've been filed with um tallahassee probably since 1984 so i live in a homeowner association so i'm very familiar with the rules and uh they're they have rules uh i noticed here uh you have a certificate signed by uh 24 members of the of the how many homes do you have in your association 44 of which one is an occupied bank owned and then a couple are seasonal folks that um are not home all the time so 24 of your 44 members have just signed the certificate against it okay some of them are husband wife just so you know are they looks like it's is it by address or is it by name let me just check is it 24 addresses or 24 people in the neighborhood no that the certificate i don't know what you're referring to yeah let me take a quick look at it because just tell me if that's 24 addresses individual addresses or if it's 24 individuals uh it looks like there are some husband and wife as a mixture so it's about 20 20 total okay 20 of the how many residents 44 44 okay and are we uh what did we talk about uh for the habitat for the uh we have gophers here uh gopher tortoises there so i'll let you explain so if you go about 200 feet down the main entrance in the road there's a designated you know burrow for uh one of the tortoises the concern is that we need to make sure there's no impingement of their current you know feeding areas or transit routes and the water that may and the water and the water that may be affected i'm not an engineer so i'm not going to get into technical terms but the inability for that section o ground to absorb the water um if i could clarify dr bass are you asking about the drinking water yes and that both uh primarily the surface drainage water and how that might affect the habitat also okay that's a question but you said you're not okay well my god um if that's all you want to tell all i got thanks sir thank you all right who's next flip a coin hi we often have many uh people come forward to speak on these but uh yeah you're getting more than you expected i get that my name is uh ray crigger raymond crigger i live at 3840 pine top boulevard i am his immediate east neighbor this is my wife sharon crigger and she lives at the same address of course okay uh you speaking for or against the application i am speaking against against okay now i need to you can both raise your hand at the same time okay we both do both of you swear the testimony you're giving us today is the truth i do okay all right so we should get started here yes please if you don't mind i would like to read a letter from my neighbor who is in canada for the summer who wrote it his name is bill toodle he lives at 3860 pine top 3820 pine top boulevard was that letter included with our it may have been included do we know if it is or not bill toodle i i sent it mr william toodle yeah if you don't have that i have it here you are you are free to read it however a copy of that has to go to our staff but he can have my copy anytime when you're done okay okay basically mr toodle says i reviewed the no no no wait um where's his location to the property uh he's adjacent to ours to the east okay so he's within probably 50 yards of the proposed structure okay maybe a little bit more than that um his statement is i reviewed the picture you sent me and i find it to be totally unacceptable for a residential neighborhood such as ours it is a commercial type building more suitable for an area zone for light manufacturing or business involved with vehicle repair or similar business you didn't know about the other aspects of that according to your plot diagram this thing is almost the size of my house lest its garage the current zoning allows for reasonably sized outbuilding similar to my shop which is 600 square feet which is more than adequate for any hobby or storage i can think of architecturally this thing is an abomination which would destroy the natural character of the subdivision as described in its original plans no attempt has been maintained to our natural environmental appearance this thing belongs in an industrial park not in one of the most attractive areas to places to live in titusville area i am completely opposed to this construction of this eyesore please leave this letter as you see fit to support opposition to this travesty if you would uh did that copy just have a copy to staff for the record um i met i didn't know about the plans for this building uh until uh there was a sign signage put in his yard uh we approached him we went over and talked with uh uh mr whirton and basically uh he was not straightforward and the purpose of this building the size of it and uh i found myself uh concerned about his dissembling to be honest with you he also is dissembling dishonesty um and the other part of that is you know we talked about uh taking down these trees that you know prevent us from seeing into his yard at this time his statement was i'm going to take them down and then so you don't have to look at this i'll plant more trees it's fairly obvious that a building of this size and this structure will be visible to us for a decade or more before any vegetation will or will not obscure it uh furthermore uh you know i could go through the six items that are listed in your variants you know basically admits no special conditions exist and you know uh building over three times the size of what's normally allowed in our um and in in our hoa furthermore it's encouraged from the that the design committee asked that materials similar to the construction of the home and appearance of the home be used he has no intention of doing that um and in variance for proving his variance would give the applicant more rights than enjoyed by other properties we don't want a structure like this in our neighborhood i sure don't want one 15 15 feet from my property line that i'm going to be looking at from my swimming pool my backyard and my windows it will be visible and furthermore you know as far as wildlife we've seen flocks of wild turkeys uh we have seen foxes we have seen um deer we have seen bobcats and and our neighbor that already spoke has seen at least three gopher title turtles near that property so i am vehemently opposed to this all right and i have good reason i think his variance is ridiculous to be honest with you i don't even want to go into the details because i want to hold you up appreciate that i think the audience appreciates that as well so then i have a little something that i wrote um we moved to evergreen approximately 25 years ago to live in a natural quiet neighborhood evergreen is environmentally sensitive community we are on well water and septic our hoa limits accessory buildings to 700 the 2650 square feet proposed structure is not suitable for our neighborhood and height of the proposed subject has not been disclosed the proposed metal building is completely out of character in our natural environmentally sensitive community additionally mr worton disclosed to us that he intends to cut down all of this shrubbery he also we asked him how long do you plan a living in this home and he said six years so the impact would be our environmental open space and wildlife footprint of the proposed structure will not be in harmony with the neighborhood it will cause extensive interference with and drainage to the currently natural and damage to the currently natural landscape and airflow noise ground and light pollution mr worton's neighbors have already been disturbed by sounds of grinding metal and have made comments about a salvage business our tranquility will be negatively impacted by this industrial like structure and its probable use we are adamantly against this oversized metal building being proposed likely for maybe an auto salvage purposes okay so then yeah is your name and address on there yes it is okay yeah if we i'll get a copy to the staff um yeah does it does anyone have any questions for this no if you need a copy of the hoa god no that's that's no forget it all right thank you you're welcome next well you pull that microphone down to you way down okay name and address for the record please sylvia balsam 3870 pine top boulevard titus phil florida 32796 okay do you swear that the testimony you're giving us today is the truth absolutely okay and you're speaking for or against against against against um i am not good at extemporaneous talk so i wrote this however it's under three minutes i promise in fact i've already deleted stuff because some people have already indicated you know their thoughts which are overlapping mine and jokingly i'll tell you you already used 30 seconds of an apology all right please go so um i have been living in evergreen for 35 34 years and i strongly oppose this request i have spoken to some of the oldest residents i don't mean older but i mean the longest living in that area and no one has ever requested a variance and i check with quite a few of them if you grant this variance it would set a dangerous precedence for others to request them without approval from our hoa based on what mr tony russell has told us about his port saint john property the dismantled car parts rust odor of motor oil overgrown vegetation we wonder will his property never gain look and smell that way as well we do have our gopher and he is actually nicknamed tommy and he wanders from one yard to the other i have seen him in his yard as well as mine he just meanders around and there are a few other um gophers that are in the nearby area um i'm not going to talk about the concrete slab because i think it's already been addressed regarding the water this structure will surely ruin my backyard view because i am adjacent to him on the west side and i can easily see that property and i believe i sent some photographs from my area he also already has an existing shed which was there um put up by mrs parish the previous owner our commit um our community actually was founded by three men and they were really big environmentalists and this is way back in the early 70s and they actually have on our um they put on our hoa design manual it's actually saying designing and living in harmony with nature and this is how we believe in it and i believe you saw also pictures of our entrance our streets it's very thickly wooded it's totally you know beautiful with our wildlife if our poverty goes down in value obviously it's going to affect you as well and i just urge you to deny this variance and help preserve our community um any questions for this this witness no yeah uh ma'am ma'am could we have a copy of that for staff since you've read it into the record thank you um is there anyone else who wishes to speak for or against i think i saw hands over that side didn't it or how many more do we have could you who else wants to speak we have two more two more groups okay i'll name and address for the record please tim mantoyville 1217 sand pine circle titus ville florida 32796 okay do you swear the testimony you're giving us today is the truth yes yes are you speaking for or against the application against okay try and adjust the microphone such that you're comfortable or you can speak into it i guess can you hear me we can now okay um i'm a homeowner and a full-time resident of evergreen subdivision i'm speaking on behalf of myself and other neighbors i have spoken with regarding the proposed um construction project of a 2500 square foot detached 18 foot tall you want to call it 14 but by the time you put the roll-up doors in there the gutter line is going to be at 18 then you're talking about you know higher yet for the gable for the roof peak with rolling doors located in the backyard of the residential lot evergreen is zoned as a low-density single-family resident residential community as such it is governed by zoning regulations designed to preserve the residential character safety and aesthetic harmony of our neighborhood according to article 4 section 113 225 1b no accessory building or accessory structure shall be used for living quarters which he says no home occupation or professional use these codes also provide guidance that detached accessories structures must be subordinate in size scale and use primary residence there um the proposed garage is not consistent with that purpose the structure in question is comparable in size to a small commercial uh warehouse for or it's uh industrial design complete with large rolling doors and extra tall clearance is atypical atypical of residential accessory use and raises immediate concerns about its intended purposes we believe the applicant is being misleading in the stated intent um as he stated um earlier you asked about the the driveway and he said it was going to be rock gravel whatever but he if you listened he also said not at this time so he does in my head have intentions of probably black topping that my main concern is i'm one of the neighbors that is affected by flooding in the area and i do have two pictures on my phone if you wish to see of the backyard and all of all of hidden hills lands lands up coming into evergreen drainage system the way it's designed that drainage our drainage system then in turn goes to rambling acres and rambling acres goes out to fox lake eventually um there's a lot of backup in rambling acres due to people's culverts being filled you know 90 percent of the way so we get a lot of back up there um if you take 2500 square feet that's the size of my house the who needs 2500 square feet for you know a hobby but anyhow um if you take 2500 square feet of percolable soil that can percolate and you send it into the the street the channels and the waterways that it's all landing up in my backyard prior to it getting out to the next subdivision rambling acres i have two photos if you wish to see if um and this is my advice best you could do is probably email those to staff i think your description here in the record would probably suffice but i'm not asking you not to do that just uh pictures at this point it's hard to put into the record okay um as others said they're concerned he's just pretty much going to be trying to run a uh auto scrap yard or chop shop or whatever out of it which you know if it smells like it walks like a duck quacks like a duck it's a duck um i mean i could go on but i i just have a concern my biggest concern is for the flooding um the where the water goes and where it lands up and that is by my house in my backyard by john's backyard um my neighbor mike's we're gonna see increase increased levels of water that water currently comes right up to the house i have spent 36 hours straight um pumping water from my backyard to other sections of the backyard just for it to come back around to my yard during um hurricanes so i already have an issue and adding more water to that isn't it's not going to be helpful so i think you've summarized your point yeah i mean i could speak more but everybody's touched on other things so uh any questions for this witness no approximately how far are you from the subject property how far am i um two streets i'm familiar with the neighborhood oh you are okay so i'm at the back of the uh subdivision i'm probably one city block away but and it might sound like a lot but that water all comes that way i'm familiar with the neighborhood okay i have a small diagram here of where the water flows again if you want to speak to it and as long as staff gets a gets a copy for the record that's fine do you want me to talk about this if you wish to you can but if you simply want to put that into the record that'd be fine too i'll put it into the record i guess the staff needs a copy yeah and again he was given uh a set of rules if he wasn't then his realtor is at fault for that um you know everybody's given these rules and handing him a uh variance would be a special privilege in my opinion thank you yep do you want me to hand this to yeah please please come forward but i'm going to pause you for just a second sir just pause for a second are there any others after this we have another okay sir name and address for the record please travis johnson 3835 law street court titusville florida i'm directly behind the applicant's address okay and uh do you swear that the uh testimony you're giving us today is the truth i do okay standard question are you speaking for or against i wish i was speaking for but i'm not i'm speaking you're speaking i like to get along with all my neighbors and it's a it's a either or question yes so i'll take it then against yes all right i tried to um i knocked on their door at least twice they should see me on their ring camera and i i tried to talk to them and you know see what was going on but um so out of our backyard we're sitting on our pool on our pool deck right now all you see is wooded area and of course we have a privacy fence because we had to replace the privacy fence from the previous owner she wasn't able to do it so we we did it for her the applicants have already began clearing that's why his tractor broke an area where this building is going to be and if he's allowed to put this building on the far northeast corner as as stated then 60 feet of this so about the back wall will be visible from our pool deck on their pool deck their pool deck is kind of canted to the northwest oh canted to the northwest so while they're sitting on their pool deck they may be they may have they may have some visibility of it but not much we will have all visibility the entire 60 feet and like one of the one of the persons here said there's no way they're going to be able to plant trees anytime soon to cover that secondly what the hoa president i'm going to i'm going to piggyback off him he stated it needs to be an environmental impact whenever you put a 2600 square foot building you're now adding a roof to it so all that water is going to shed off that roof into the easement so the last person that spoke will probably be negatively impacted based off that um there's a couple things here um so his question one okay when he purchased the property in march he should have had knowledge of the existing conditions and size requirements of buildings um created the special condition um so the listing agent who we spoke with provided the document in fact here is our petition for variance on our road back behind him and sylvia ross is a listing agent she is on the petition hang on okay i'll give it to you later yeah so um so our argument to the variance might decrease the property value this building deviates from the neighborhood's aesthetic standards of nature it's very neighbor uh nature friendly uh is the character it'll be unsightly to the side due to the size of it and overall appeal um granting the variance requested um basically is a special privilege because like the hoa president stated there has been no applications for variances all the buildings that i have sought that i have observed in that neighborhood do not come close to um what he is going to be building um it's going to be gargantuan in size um so so basically um a definition of a special privilege is a special privilege is an advantage or right granted to one property owner that is not available to others in the same zoning district under existing regulations so i want to end with every storm that we have what happens people we lose power right every single one we have power lines running between our property and their property we cannot place a building that obstructs fpnl's ability to gain access to the power lines last time they gained access was it on their property one year they had to actually go on their property before they purchased it purchased it to replace power lines um last year they came on ours and they may have came on the doctors as well so like i said every storm uh we lose power pretty much every named hurricane we lose power and um constructing that building would likely impede fpl's ability to to get their trucks back there so that means they have to use that forces fpnl now to use our property and the doctor's property so that's pulling vehicles onto our property and of course they did that last time it broke sprinkler heads but that that's neither here nor there that document did you say you read that into the record or yes had it as a i'm going to put it into the record yes okay with staff okay with whom uh just hand it to staff okay have you concluded yes i have concluded okay um paper to staff okay thank you very much thank you i had a question oh sorry okay i'm getting old here we're not my procedures okay go ahead dr bass your power lines are they above or below ground they are above barely they're they don't even meet code i mean you can almost i'm sure they'll tell you you could probably jump up and touch them so thank you yes you know the question i think that's it thank you there was one other yes there you are okay name and address for the record it's valerie light you i live at one two five uh you're gonna have speak louder and into the mic valerie light you one two five nine one apopka court north fort meyers florida okay and i live in an hoa do you uh swear that the testimony you're giving us today is the truth yes okay standard question are you speaking for or against the application four you're speaking for yes okay great okay let's hear it well i wasn't going to say anything i just came um to support um but there's been so much negativity i feel like somebody needs to speak up for the other side and i really want to point out that this this home is owned by kelsey and rider and the attack has been on rider but kelsey owns this home too and no one's done a deep dive on her personal living history it feels like a personal attack i don't mean to cut you off but um if it's not related to facts of on the ground those are the facts and i've heard a lot of okay uh conjecture and actually a lot of made-up stuff that doesn't fit the character of of uh writers my nephew so and i've known him his heart his entire life and and kelsey for probably about five six years so i what i'm what i would like to say is that a lot of people who said that they spoke with writer i came away with a bad feeling and that has i have seen him speak professionally individually i have never even heard him say a bad word about anyone like he's a very respectful individual and kelsey as well so uh it's an unfortunate the way um the president of the association approved all of this and then my nephew went through the proper steps for the variants and only after that then the president flip-flopped after some of the neighbors didn't like it um so i went on property appraiser and just did the eagle eye view of the 44 homes of which a quarter of the homes in evergreen have a standalone building the size of and some even bigger whether they got the variants they got forgiveness instead of permission i don't know someone said there were no variances ever and somebody said they submitted a variance so there's a lot of stuff being said but i can tell you my nephew has tried to follow the proper procedure um and it's kind of landed them in a bad place and change is difficult you know the lady that lived in that house was there for years and people are used to dealing with the neighbor that way there are a couple young professionals moving in and they have new ideas for the property they've cleared out some um some things that you would clear out in your own home they haven't cut down any trees they're just clearing the kudzu and uh the things that aren't working well in the backyard so i didn't make a list of points but i just felt there was a lot of negativity um and i just wanted to speak for you know their character they're not trying to pull thing anything over anyone's eyes they're straightforward people thank you for your time hang on any questions no questions thank you very much thank you yes ma'am your address we're in all that name and address for the record please speak into the microphone meg whirton one red oak drive litchfield illinois okay uh do you swear that the testimony you're giving us today is the truth absolutely okay are you speaking for or against the application for speaking for the application yes yes i am please proceed so um i am writer's mother and i will speak to his character and his hobby since he's a little kid he's always been involved in lots of things whether it be um flipping furniture he's he's into woodworking he likes cars he likes spaceships is he going to have car parts i don't know maybe is he going to have furniture in his garage maybe he's may even have lego models of spaceships i don't know he is very articulate he is very intelligent he travels a lot i am sorry he has not been able to address all of these individuals personally when they came calling he travels he works a lot kelsey also works very a lot there are two very professional young people who've made a choice to stay in brevard county and to have this as a home and who knows the crystal ball of only being here for seven years who knows six years i don't know how they're going to live how long they'll live there i hope they soon get married and have little ones so that we can fill the house it is a big house i'm in awe that at their age they were able to purchase this house it's been their dream home is there a lot of work to do absolutely but i think the point here is that you are here to determine the variance he's gone through the steps based on the approval he went through the next steps and i believe that perhaps with him submitting the variance some of the neighbors got very nervous and they said this has never been done before but there are there are many out buildings as my sister mentioned we've walked i've been here for several um well two weeks now we've walked many of the the roads and i've learned that there are many other out buildings or there's sand volleyball courts or you know there's renters that are on on in the site those are all variance issues according to the covenants or not i should say covenant issues instead of not variance um but but the other point i wanted to make is that i hope you know as my sister mentioned change is difficult and these neighborhoods have seasoned residents who are going to be moving out okay these properties that are very large and are in nature take a lot of maintenance and they require a young strong back and a lot of times some of these more seasoned residents aren't able to do this which i think was the case in this particular property are they doing some clearing and and removing of of vines and invasive species species yes and that's very typical to the entrance that was just um they had a vendor i believe come in and and weed out some of the uh the cabbage palms and such at the beginning at the entrance of the subdivision so that's just proper maintenance i think it's important just just to look at this from your perspective and again i thank you you for your time and and listening to all the public output here but i think there's also a lot of information that may not be factual that you're hearing so i'm just here to speak to his character and to kelsey's character and to their plans on their life here in brevard county i appreciate your time any questions for any questions a couple sure um i don't know it's not specific to you so i don't know if i need to go from just ask the question so i i just need clarity it was originally approved for a greater than 700 square foot structure correct the full 2600 square feet was originally approved by the hoa i believe that to be correct and so then he proceeded with the next steps based on that decision in writing we'll get clarity okay yeah i don't know the details i'm sorry that's okay i'm probably jumping the gun we should have finished with you and then i'm done is there any anything else no thank you thank you much thank you um based on that question could you you could yeah we have a question from the board on whether the just just repeat we addressed the approval of the 700 square feet i could you come up to the mic so that we can get it recorded okay the original design schematic was submitted as a 40 by 60 but it was scaled down so when the design committee review looked at it they didn't really understand what how it would sit on the property it was only about 60 percent of what the actual design would look like the person that would have approved that was well aware that 700 square feet was the maximum yeah i mean it's in the covenants and does anybody have a copy of the document that they signed it seeing that they saw that it was 700 was the maximum it would have been with a real estate agent as far as i know isn't that so i think she's asking for the letter of uh approval from the the original meeting of the hoa that approved it initially oh that was all by text um okay just heads up so the approval of the 2600 square feet initially was via text yeah did it specifically say 2600 i had to say i think it said as submitted and then it had a couple conditions no commercial use maintain uh foliage and you know screen lines basically okay good i think i'm good i do want to ask them yeah um i'd like to address the board real quick before you call the applicants back up whenever the staff comments were turned in on may 19th at that time it was stated that there is no code enforcement action pending with bevard county planning and development and since then it has been come up that yesterday on june 17th there is a code enforcement on the property now for unlicensed industrial business operating from a residential zone property this was just turned in yesterday it hasn't been investigated yet okay but i thought you'd like to know that does did the complaint um elaborate on what they thought was the industrial no there's some uh pictures of the different stuff on the property though that should now this says on this property here it says as far as uh as far as uh as far as the as far as it being on um the tax account number it's in here on this property 25 ce dash zero zero five nine one so so it appears that these might be pictures from the port st john property that's so it might that was going to be my question is it property this this tax number is 2762 uh from what i can see like mr bode just said this was brand new just opened yesterday i don't even think it's been investigated by the code enforcement officer i have to verify that just from pulling up the record i see some initial pictures without opening up every file it does not appear to be for this property it appears to be for the port st john property but it would need much further determination before that we couldn't discuss at this time okay okay thank you thank you for pointing that out let's see i do still want would like to hear acknowledgement yeah no they come up and are there any other comments from the audience okay seeing none we're done with all that please come forward this is called the part of the procedure called applicant rebuttal or summary and or summary so this is your your time to speak to the comments understood um firstly i'd like to speak to the uh the timeline the timeline with regard to approvals on the the variance application the initial structure proposal dates back to very very end of april very beginning of may and we have written approval from a combination of the president within the hoa and the design review committee chair within the hoa um and this is written approval via via email out not not text outside of text there is some further correspondence that was handled via text um and the the core of that was uh related to an additional visit following the approval um that was uh to uncover whether or not this would be uh viewable from the road uh it was agreed that it wasn't because when we were standing where the uh proposed structure would be if a car were to drive by you can't see that car um from there the uh the correspondence via text was um submitting something in writing stating um that if we planted vegetation trees some sort of shrubbery uh to help occlude uh those line of sight concerns then we would be good to go um that's what i have on the time with the walkthrough sorry that was with the walkthrough or pre the walk that was in the wake of the uh the property walk down uh but after the the approval of the 26 uh 40 uh square foot structure um i would like to say that we are two young professionals that have very mandating jobs excuse me uh we recently moved into our 3860 pine top boulevard home in march however we were not fully moved in as we had to redo the roof and other other issues that needed to be addressed we also own two other properties in port st john as it's been mentioned um that we were currently renovating and we are moving out of so we're between the two uh we both travel internationally and domestically for our jobs um so the the one neighbor that did reach out via phone um we did address with them we like as rider said he had walked the neighborhood with them i was at work so i was not able to be there anyone that came and knocked on our door that was never we were not home we even if it looks like there's a car in the driveway again we travel to sweden we travel to the northeast we travel out west we do a lot of travel for our for our jobs we do not have a ring camera so there's no way to tell who has come and knocked on knocked on our door um so apologies to who anyone that came to knock on our door but that was never um an attention to to disregard as we said anyone that did reach out the via phone that had our phone number um we absolutely addressed and we were happy to do so um and then again just we we just moved in we don't know any of these people besides one of our neighbors um exactly two because one came and stopped by one day and and dropped us off a plant we don't know these individuals um we are here to to live a beautiful life to do the hobbies that we want to do we believe that all these um these accusations against against us are um false in many ways i don't know where they came from again we moved forward in this way that was professional that was appropriate we were trying to follow the rules we had we started with the hoa we got the written approval from the hoa to move forward with that size building from there we then applied for our variants and that's when you know things things kind of went abrupt here but um we are very professional individuals who are very respectful in every way i would hope that maybe the two individuals that we have spoken with who i've also shared um some things from our home to them that they would also hopefully attest that they brought up something about noise um we are we are doing our yard work our yard work we have vines everywhere so when we use a weed whacker against those vines it makes an awful noise i i don't know what else to say other than we work hard we are hard workers sometimes we can't get out to do our yard work until about six o'clock and we just we do our best we do our absolute best um i'm disheartened by by the attack here but that's what i'll have to say thank you very much um to continue i recognize uh this is i think extended quite a bit longer than a nominal uh case so i i jotted down some notes and i'll do my best to address each of the um resident uh input as concisely as possible um a couple points i had um to um mr russell the the first gentleman that that spoke um i share the uh the the leakage sentiment and the concerns tied to that our association uh relies on wells uh in addition to neighboring uh communities um i'd like to say that i'd be the last person to willingly and and uh knowingly put something on top of our soil that would seep some sort of chemical or something into our own drinking water let alone our immediate neighbors um uh as i stated on our on our um first trip up here to speak um a lot of uh what's pictured in the non-subject property um uh not not variant subject property but the other uh properties we own within brevard um as i described earlier are ornamental ornamental in nature um and and don't have the capacity or the orifices to house these um chemicals that may be of any type of concern um and i success i suspect that the the oil or gas smells um that uh he witnessed while trespassing on both of those properties came from the mower shed which has gas and oil for two-stroke weed eaters and and you know gas to maintain um the uh the mowing of that lot um in addition i the last the last week of march uh we noticed some some trees had been trimmed um on that 3885 um uh property address in the the hidden hills um subdivision um and those were thrown over our fence with with no regard to anything that we had going on i understand as i've described there's tons of vines and overgrowth back there but i don't think that's a reason to um you know blatantly disregard and uh respect someone else's property so i think that directly goes against the attributes that he's articulated um the the last thing that i want to talk to is there is no business never has been a business this is not industrial in nature it's purely from a hobbyist perspective um so that's that's what i had on on the on the first um elements of uh feedback um i had a couple other bullet points um to address uh mr john meyer's uh comment um we spoke to a couple of these already um with regards to the uh previously approved um original building size um at the time you know we we spoke about the 700 square foot limit within the community um obviously we are new members to the community so the the board members that approved this um would have been were and would have been more privy to the ccrs and any covenants restricting building size were you aware of the 700 square feet restriction of purchase we had a copy of the um addendums and then a draft copy of the bylaws uh which were met and tabled and ultimately not voted uh to incorporate into the very dated um ccrs and declarations for the the community we did get an old one that we weren't sure was accurate because it was written in i think the late 70s is dated like 1977 or 1978 and then we were forwarded a copy of the draft of the bylaw edition through our um our realtor uh through throughout the duration of the the purchase of the house we were sent the full ccr documents uh just recently after i had asked for where specifically the 700 square foot limit was written and those were documents that were forwarded by those same board members that approved the original building size of 2640 square feet so they're fully in tune with with those requirements at the time of approving this original structure the next thing i have here is drainage concerns the the same data documents i mentioned that discern some of the constricting building types and and buildings things like that in the community also declare that natural driveways and approaches are ideal for the community and of the 44 homes i believe all of them have either some sort of asphalt or concrete approach or full driveway um i i understand the drainage concerns as i said before the building does not encroach on to um the the county easements which is greater than that of the uh utility and drainage easements per the property in addition uh the the square footage of the building would block the um the absorption of rough rain water um across its footprint but an installation of a swimming pool a driveway extension an additional parking space in addition to a screened in enclosure all do the same thing as well that's all covered ground that would no longer have the capability of absorbing that rain water um the next thing i'd like to address is the uh the uh the the scale drawing um he mentioned the rear of the property was 150 feet wide that's not information that i've provided but that is information that's publicly available if you review the parcel id on the county website uh you can see the plotted dimensions and in the original building proposal i did provide dimensions of that building and the cad software that i used to scale my property against the survey we got during the closing of the house was used to make sure that the 44 or 40 by 60 building was to scale even if it wasn't the dimensions were present and those could be used to scrub against the um the dimensions of the property to determine its true size um i work um i worked out in the space coast for for several years i'm familiar with a lot of the wildlife um i think it's great that we live um in a community that um is shrouded by by uh you know natural and mature forest uh for the most part gopher tortoises are something i see um probably on a weekly basis at work um it's not something that i've seen on our property um but i am familiar with the nests and things that they have and i just haven't seen it moving around i've seen plenty of other wildlife but um haven't seen the uh this specific gopher tortoise that uh was was discussed earlier um the next things i'd like to address uh were some concerns that came from sharon and ray uh cricker our um immediate neighbors to the uh east they began with reading a statement from their um east east neighbor so two houses to the east of us he feels this building is far too large um i feel that's subjective in nature i'm not sure what he does for a hobby and maybe it's sufficient for what he does i i feel like i have proposed something that would be sufficient for us and the continued growth of our home we plan to start a family in this house so this is something i'd like to do once and not have to be in here again for another variance and some sort of addition there was a comment about not maintaining the natural landscape i'm not sure how we would maintain the natural landscape before any provisions for this structure have commenced we have cleared some foliage on the east side of the property and we brought several photos we'd be happy to submit that depict the composition of that vegetation and how invasive and destructive it is to the mature trees that we would love to keep and and what the the pepper trees and the vines look like in contrast to those we feel we've been forthcoming in our intentions and we approach the process responsibly like i mentioned earlier they said hey we'd like to you know better understand your your building would it be okay if we we came over and put eyes on it and i said sure i'll be over there in a few minutes and we walked the property we walked the neighborhood everything we've conveyed is absolute it's exactly what we're in pursuit of i understand that there's been some friction in the past due to buildings that were erected that ended up being larger than what was approved that is not the case here and it's not something that we would want to be associated with and i feel like there's a detriment tied to that due to the i don't know mishandled assembly of of previous structures um there was an additional claim um to value the vegetation um but uh they had conveyed to us that uh soon after purchasing their property uh approximately 25 years ago they cleared the entire backyard with the exception of three large trees um so i i'm not understanding the argument for removing uh not landscaping but again invasive species um after deforesting you know uh four tenths to half an acre of dense wood that would have been there prior to their clearing of the uh the rear of their property um the rear of their property would also be what would have obscured um where this proposed structure sits on our property um the height is stipulated uh upon reading the ccrs that we were just recently sent um i believe uh they reference uh not to exceed 20 feet um i i'll touch on this in a bit but uh i i mentioned earlier that i think 18 foot eve height meaning just the vertical wall not including the height of the the sloped roof would be what's required for a nominal two-story structure that's not our intent that was never our our goal i don't plan for this to be an accessory dwelling unit of any kind um the last thing was uh the the grinding of of metal i'm not sure what that refers to they did have a comment about a specific noise we used to clear some of the vines and i said yeah that was that was us the other night working to clear some of the area along the property line it's a it's a tool used for when a weed eater just won't do it and you need something for vines that are about an inch in diameter they're very robust they're very tough to cut through and it's essentially like a saw blade that goes on a weed eater um it sounds like a circular saw if you were cutting lumber um in addition to that um the the exterior of the home and the the foliage amongst the property itself um is in need of immediate improvements um as kelsey mentioned uh the week following our closing on this house we put a new roof on it it was very dated and it was at the end of its useful life that was just the beginning of a lot of exterior improvements that are required at this property both to the principal structure and all of the vegetation surrounding the principal structure i think a lot of that was just not maintained well enough over the last 20 years which is the duration the previous owner resided at that address i wish that wasn't the case but um the longer you wait to clean it up the harder it is and the longer it takes and more and more um more effort required um there were some comments that uh sylvia had had brought forward um a a big draw of us for this property was the um forest nature of of the uh the association and and the uh the homes within um i think that entire area off of off of carpenter is is great um it's it's it's a beautiful property uh it's a lot of what drew us to the property and it would not be our intent to make any any changes to that that would create some sort of detriment to the um the overall general um aesthetic of the of the neighborhood um in addition i i feel like you know we came in and we we've been clearing this property um probably more at a more accelerated rate um compared to neighbors and we've heard from several people um some that have been there just a couple years three four years some that have been there over three decades you know evergreen used to be so exclusive it used to be beautiful we've been there three months so i'm not sure why we're carrying the liability the divided liability tied to what it used to be i feel that if it used to be so great and and people have been there for 30 years why isn't it still great i i feel like some of that should be levied on residents that have you know maintained their their address there for so long um that's not to say we we don't want to continue doing so i just feel that um some of that's um coming from of a place with with little value um uh tim came up and addressed a couple things uh i'm sorry there was one last comment i had on sylvia there there is an existing uh shed just a i don't know maybe 10 by 15 shed it holds the hurricane shutters for the property i'm not sure when it was installed it's rotting into the ground there are gaps between the roof and the walls the shingles are completely done that's something that she sees from her line of sight that she mentioned but uh the the subject building that's tied to this variance or that this variance is tied to would be far beyond that um behind another wall of um you know these these pepper trees and these vines um uh tim had mentioned uh the the heist the height had never been discussed uh this is another thing where i feel like when the information is absent it just gets spun up on its own we have never said that this is going to be taller than 20 feet in nature even a like a 212 roof pitch for example across a 44 foot dimension would only be three feet eight inches of rise so on top of the vertical wall those would be the dimensions we're looking at so if there was a 14 foot wall like somebody mentioned earlier 17.67 feet would be 17 feet eight inches roughly so i hope that helps absolve any greater than 20 feet concerns there are blacktop driveways throughout the entire neighborhood i mentioned this earlier this was kind of touching on the drainage concerns due to the elevation difference and some of the downstream effects from the property behind or the the association behind ours the the hidden hills association again anytime a pool is put in or a driveway is extended or widened or another parking space is brought in or even a pool pump house or something is installed that prevents the the ground underneath that uh that area from absorbing it so there's a lot of parasitic additions that culminate to the same concerns here um there seem to be other projects in the neighborhood uh that have taken place without um hoa approval and this is things that we've had voiced uh just verbally um from other members in the neighborhood as well as um a couple board members uh we feel that we've communicated our our intents clearly and articulated um exactly what we're looking for to those key stakeholders uh and don't feel like there is any um malicious intent behind all of this i i feel that we've approached this responsibly and done our due diligence and our homework and and um you know overlapped uh things in nature to to minimize the downtime in order to bring this project to closure um the the last gentleman to speak or the the second to last i'm taking notes and and missed their name so i apologize um there were some uh some fpl uh access concerns brought up um talked about placement of the building again and this is something i mentioned earlier it aligns with the driveway side of the house so if it deviated from that we would be adding more driveway which could affect drainage um if it was a paved driveway again that's that's not in my plan for now i don't expect it to happen but who knows um what i'm saying is i'd like for it to just be um you know as as uh i just want to fit in i don't want a big concrete slab through the middle of the property i don't want that i don't want that look i don't think my neighbors would want that look so i share their sentiment there um the uh again i think this is the third time i've stated this but the building does not overlap with the utility and drainage easements which are five feet further than the county setback requirements and then i believe the association has further constraints on setbacks per the ccrs at the rear or size of the property the power lines at least for an evergreen are buried between the common transformer and the houses at least they are for my property and the immediate properties there is a common line that runs the rear of our street and would supply power to the back side of the homes on the the back side the back adjacent side in the hidden hills property trees would have blocked fp and l access in the past they also would have have have uh they would have had to to drive over a uh drain field for septic on our property so i don't believe they've ever used our property to access those um but i argue on the contrary that an access path to this building um would allow more convenient access to these utility companies in the event of an outage and i'd be happy to volunteer that if it meant my power gets on faster and and my neighbor's power gets on faster as well um right now there is no access but there could be um i think that's all the notes i had written down appreciated time so we we may have some questions here um would you have any questions is there any compromise to the 2600 square feet um i'm not saying no i think there could be uh this is a question i had called in and asked uh to associate planning um at the the planning and development office just recently um again just trying to do my homework and be prepared for all outcomes um but i'm not saying no i don't have a hard fast requirement at this 2640. i agree that there needs to be compromise on on all sides um but i feel that a 40 reduction in size is quite the compromise okay pause just a second can i ask you a question if so for example if the variance is is approved for whatever reason and then the hoa has rights to not approve it moving forward correct so they would still need to have approval from the from evergreen to be able to move forward or does this supersede that that would be a civil issue the homeowners association in there no i have no questions i probably have asked you this question in the past or it became part of the multitude of presentations we've had here you just in your own words again the purpose of the building is to store lawn equipment and possibly a home gym just please elaborate sure sure so what i mentioned earlier was just a general hobbyist space which could include this woodworking we mentioned tinkering on just a couple of vehicles that i have in addition we we mentioned a home gym and then a space to store the equipment used to maintain the subject property and the two other properties that we own as well as the transportation equipment for that the tractors and whatnot and i again your presentation there somebody mentioned a 14-foot garage door yeah i i think uh i think what was brought up was that 18 feet may be required to put a 14-foot garage door in which would house any type of road worthy like camper or i don't know fifth wheel camper or rv or something i think that's where that was coming from uh i believe it depends entirely on the the composition and then the structure of the building um you you can't go all the way up to the roof with the door there needs to be some sort of vertical um spacing yeah sure sure uh for for an opener or whatever stows the door but um i i don't believe it would need to be four feet in in this case i think we'd be looking at at less than that uh in addition i mentioned that an 18-foot wall would be inherent to uh two-story uh property um and that's that's not our goal here so what was the site that you intended i think we'd be looking at either 14 or 16 most likely 14 which would accommodate a 10 foot garage 10 10 or 12 yeah depend again depending on um what what design looks like okay and then we get into um a bit of semantics some people say industrial vehicle disassembly you're calling it a hobby again semantics of um and there was some evidence shown of commercial sales of disassembled vehicles and stuff which would tend to indicate a commercial venture sure so please address that sure um i'm i i'm not sure where the the commercial or industrial classification comes um i look at these as as items like on the word working side if i were to purchase a cabinet or a dresser and build out different shelves or drawers for those i would be selling the ones that i don't need or if i had a garden and i wanted to propagate some sort of mango tree or tomato plant you could sell the the seedlings from those on the same um on the same structure this would be like uh if you're familiar with like a tailgate bench things of that nature or just ornamental um like old farm um just or like yard ornamental um fixtures so it's not your intention to bring in vehicles and disassemble them for parts absolutely not and and the photos for the other property is the farthest thing i would want my property at pine top to to look like yeah just for the record for our own board members we are only addressing this property we are not addressing whatever's going on on those other properties sure sure i understand okay anything else no thank you for your patience thank you thank you everybody for your comments and stuff i'm just for not to please have a seat thank you thank you very much thank you for your time um drawing rendering come on up i'm not going to take testimony you just tell me what you are submitting for the record just tell me what you're submitting for the record oh i'm submit i'm submitting a more two-scale um diagram uh plot was this part of the uh this was pulled up by my neighbor mark off the internet was this part of the hoa submittal is that what that is i just i finally found it on email but i can send it to you guys but get an email address and forward it to staff if you want to present that for the record for staff that'd be fine okay but we're done with the testimony we have that yeah okay okay all right i think that concludes all of our testimony at this point we come to this side of the bench board trail whatever um i need a uh to proceed i need some kind of a motion either to approve or disapprove whoever wants to do it i make a motion to deny the variance depicted on the site plan provided by the applicant with the revision date of 3 17 25 should i elaborate now or wait for discussion get a second i second okay just keeps the discussion going okay we have a motion by dr bass to deny the application as submitted we have a second from miss clemens open it for a board discussion now of that motion i will say that it is the reason why is it is contrary to the rescinded ruling of the legally state filed homeowners association it is an oversized building compared to other outbuildings in this homeowners association and the issue has been raised of impact to water drainage into well water which is a well-known concern of people in florida many people in florida and uh the concern of many residents here uh and when we have a negative motion like this uh you do have to and you have um direct your yes negative reasons to one of the six you have to decide which one which one or two or three you're going to uh address it too so do you have comments no comments um one that the one that comes to me is that there is enough community interest in this and it's a negative community interest that it um is not compatible with the rest of the neighborhood and uh i hope well that would be my my reason for negative things so if any more comments no okay or well i'll read those comments now as i must for the record uh in order to authorize any variance from the terms of this chapter the board of adjustment shall find all of the following factors to exist the special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant a special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary non-due hardship on the applicant that the variance grant 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 the such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare with those categories and thoughts in mind we'll call the vote now this would be a vote yes would deny the application so all in favor of denying the application say aye aye any opposed then the the motion carries but the application is denied mr bode can we have the next applicant please yes item 87 kenny and evelyn hernandez request three variances chapter 62 article 6 brevard county code for a pool screen enclosure a pool and an accessory structure in an ru-1-13 zoning classification application 25v 00019 located at tax account number 3016857 in district 4 thank you um would the applicant please come forward pause just a second sure are you going to speak before or against are you just here to support okay thank you okay i just want to know what line when it was a long one yes um name and address good make sure you close to the microphone good name and address my name is kenny hernandez my wife evelyn hernandez we are the owners of go ahead 5470 calder drive in melbourne okay you can both raise your hands at the same time sure do you swear that the uh testimony you're giving today is the truth yes sir okay how can we help you uh we are applying for variants uh in reference to a project a pool project that we have for the for our house um my house is a corner property we're located uh in a cul-de-sac and uh i know there's a an area in question which is the far right side towards the cul-de-sac um i didn't know that my neighbors were here and uh thank you for that uh i've uh i tried to be transparent um and um with my neighbors uh i just purchased the house last year uh we're planning to physically make this our residence our retirement home um uh we included uh our neighbors um we actually measured everything out uh they were very helpful actually uh we kind of measured from the side of the cul-de-sac um and i know that area in that corner was in question so i was hopeful that i think it was 20 or 21 feet from the house to the to the back and then it would cut diagonally to the rear of the yard which would i would say give hopefully the appropriate space uh that would be needed for me to be approved for the variance um i have um besides the uh my commitment to martin pools i also purchased a pergola which i it's paid for already from paradise grills they're calling me every two weeks to when are we gonna deliver it and uh i kind of have have them on hold because obviously um i wanted to uh hopefully be able to uh have this variance approved um you know the community that we live in the houses i don't want to be an eyesore and i've and i've said that and i've made it very clear to my neighbors i want to be an asset not a liability to the community uh and i whatever has to be done uh not only did i assure my neighbors but i'll assure the committee that whether it's landscaping i wanted i want to have a finish there that not only i'm going to be happy with but my neighbors are also going to be able to say ken good job um so i'm hopeful uh that you see my intent uh and we could get it approved okay um dr bass this is your district it is district four and i did visit your property okay and i looked at the property and i looked at it on the cul-de-sac mr hernandez you have requested three variances correct you request a 50 setback deviation to build a pool screen enclosure 10 feet from your property line and is that on the cul-de-sac side 10 feet from the property line yes yes it's on the cul-de-sac 10 feet from the property line no no is it no is that is that the other side is it on the back side i think that's the back side if i'm not mistaken and i'm sorry that i don't have clarity on that do you have a letter of agreement from st andrews manor homeowners association to build that close to your neighbor and outside your property line 50 percent outside of my property line he's not building it outside of his property line it says here it's 10 feet required he's asking for a 10-foot reduction to the 20-foot setback requirement so that's 50 percent but you said that he's building it outside of his property no i'm sorry i misspoke the first request indicates to 50 deviation from what the code allows for this design do you have an approval from the homeowners association uh i don't at the moment um i have uh letters of support which were uh yes which were submitted i did read that have you have we got letters of support how many are they and did they actually say that they were uh within 10 within that close to their property line the letters what letters we don't have them i don't have any letters i don't have any letters the letters of support for my neighbors i do not have many yeah dr bass we didn't have anything submitted to the record for this application that's what i was asking and you haven't got an approval from your homeowners association the saint andrews manor homeowner's association no i didn't well according to your worksheet item six you say that you do have letters all right we'll go let me move on okay number two you have requested a 52 percent setback deviation to build a swimming pool 15 feet from your property line 14 feet i'm sorry from your property line that sounds about right yes do you have an agreement from the homeowners association to build a swimming pool 14 feet from your property line at the moment i don't but i would definitely request one referencing your worksheet item number two are not the special condition circumstances a result of the pool design prepared for you by martin pools is that what you're not doing that's correct mr hernandez did you ask martin pools why they can't design within the property uh they're requiring you to make a code change here okay right yes so did you ask them why that's what their design is is this not within the variances you've requested a third variance you request the complete elimination of the requirement for separation between accessory buildings number three allow five feet from the required five feet separation regarding up the fact that your proposed pergola is going to be almost up against your screen enclosure they're supposed to be exactly separation distance okay do you know that this this request is not in compliance with brevard county fire code which says that regardless of setbacks fire resistance and opening protection requirements require there must be a minimum of five feet spacing between any two structures on the same lot okay i mean i i want to comply with with obviously with the with the requirements did you ask your contractors why they're not designing in accordance with fire codes and with the county codes as far as the pool is concerned as far as any of them are concerned well the only thing your recommendation is to to minimize the pool and pull it back is that what you're saying yes what what if if i may um what about if i change the design you'll have to talk to your contractor yeah well well yes i i definitely will but i would recommend maybe you know doing it this way rather than this way and you'd certainly need to check with the fire department definitely but i would check into the design and talk to my contractors sure i agree um yeah i have no further questions um i'd like to talk to staff a little bit here what what are our options as far as tabling uh if you'd like to table it it could be brought back um with a different application next month this is what was proposed and for the variances these ones he's wanting to have the pool and the screen enclosure within the setbacks from the side street setback requirement and then the proposed pergola i'm looking to give him the opportunity to if he's looking to change the request completely it would have to be a re-advertised yes we could table for re-advertisement and bring it back before the board but he would have to get with his contractor we'd have to redo the legal the reason for his additional the reason for the setback request is because he is a corner lot which does require larger setback requirements than the standard pool code or something it hasn't been approved by his homeowners association so he needs to get that approval he needs to get that and i will i will i will so you need time to do that so that's what i'm wondering how how we can do this to give him time to revise you can uh you can make the uh motion to table for 30 days 60 days for him to have uh time to come back in front of the board after he's had a discussion with his architectural review committee yes and with yes with your contractors and with your homeowners association with my homeowners association yes how much time would you need for that i'm going to work on that immediately okay so so next month i'm thinking homeowner association stuff is is 90 days too much too soon 90 days to get an approval to come back to the board with the hox with everything together and the new drawing or you may not need it okay depending upon what the contractors come up with now the contractor martin pools am i correct correct okay um yeah i mean i'm gonna i'm gonna do my part well you have two you have paradise grill which is putting in the grill and then you have the martin pools so you have two contractors here that's correct yes so they need to be in compliance so that obviously i mean if you're going to change one in reference to the pergola um i'm sorry yeah staff questions if we said 60 days and he came back to you and said i need more time you could just reschedule without our action mr hughes would we have to re-advertise at that point if the board made a decision for 60 days and say he needed 90 i believe we would need to re-advertise yes i don't think 90 days i think like i'll speak today i'll go immediately to the hoa meet with martin pools just so that i'm clear um i live in an hoa so i'm aware that's what he's saying is true it does take time and you probably will want to have a drawing they're going they're going to want to have a drawing uh from martin pool and of the pagoda is there i mean i live in a hoa so i know okay um just so i'm clear um is there any is um is there any way that we can settle that far corner so like that i kind of know how we are we're going to navigate between the pergola the pool is there is that is that unless the hoa has approved that right okay so you need to take the design to them and have their approval and then it's so that that and i would also say that mr bode's and his staff are much more expert okay at those little those particular details okay so it would be something you want to discuss we'll speak after this okay yeah okay so um i think where we're headed here is to table this for 90 days 60 days i think 60 days is 60 i'm gonna push i'm gonna push this is i want to come and retire here already i know my wife already checked out of new york so mr huffman well it's it's irrelevant but um the the pool doesn't stop you from occupying the house no no no no but it's a big part of what you know well it'll come thank you so much and thank you so much this is very important to me and my family of course well everybody in florida wants a pool yes let's let's get a motion to table for 60 days thank you so much okay so it's going to be tabled to august 20th august 20th thank you so we need a motion to i'll do it until the meeting of august 20th i make a motion to table this to a meeting application to a meeting date of august 20th august 20th 2025 august 10 do we have a second a second any discussion thank you thank you yeah because we're still in transition you know we're moving and that's what what you were saying yeah so i'll call in favor of tabling the application say hi hi hi hi all right thank you so much thank you so much thank you for 60 days thank you august 20th thank you see you thank you so much and i'll see you probably before thank you seeing no further applications i declare this meeting of the brevard county board of zoning adjustment of uh june 18th uh adjourned approved