on until the meeting is adjourned please take any necessary calls outside the room perhaps in the lobby those who are requesting a variance if you haven't already done so please check in with county staff now to receive any paperwork and sign your affidavit and in most cases you've probably already taken care of that everything said at this meeting is recorded we don't need anybody to check in we have all the information you need thank you do you want to say the pledge or i'll just finish this and then everything said at this meeting is recorded so speak clearly into the microphone when you come to the podium adjust it so that it's comfortable speaking for you each speaker must be sworn in when they first come to the microphone i'll ask you to state your name and address for the record swear you in and then you can begin any speaking or presentation um the last thing is the meeting will start in approximately five minutes but we're going to go ahead right now so um please stand for the pledge of allegiance i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all please be seated uh i now call this uh meeting of the brevard county board of zoning adjustment uh for uh august 20th 2025 to order our first order of business is the fact that our chairman and vice chairman are not present today so i need to have a motion and a second and a vote to uh appoint an ad hoc uh chairman for for this meeting and i think it's pretty obvious which way we're going with it so i make a motion to put you in place i make a motion for you to be our leader today okay i'll second that okay uh all in favor aye any opposed no um so we have a few housekeeping procedures that we go through at the very beginning uh one of those is staff announcements if we have any no there are no staff announcements okay um the other is the uh meeting minutes um they were distributed does anybody have any changes or corrections from the last meeting no no if not i need a motion to approve i'll make a motion to approve the minutes i second okay motion is made to approve last meeting's minutes um owner say aye aye okay um i'm going to go through some uh procedural stuff uh first reading uh yes mr bode would you uh please explain the uh uh purpose of the uh 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 of the bovard county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9. pursuant to florida rules of appellate procedure any person or persons jointly or severally agree by any decision of the board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief mr chairman you have eight items on your agenda today thank you mr bode um miss miss clements would you uh read the second reading which is the definition of an undue hardship an undue hardship is a variance a variance may be granted when it will not be contrary to the public interest and where owing to special contingent conditions a literal enforcement of the provisions of this chapter chapter will result in unnecessary and undue hardship the term undue hardship has specific legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing developmental development regulations personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in instances where the landowner cannot yield a reasonable and or reasonable use and or reasonable return under the existing land development regulations the applicant must answer a variance hardship worksheet worksheet with six questions the board of adjustments will discuss these questions today with each applicant who has requested a variance thank you miss clement i will now address everyone in the room address our board members the applicants and our audience regarding the board's procedures for today's hearings the board of zoning adjustment as a quasi-judicial board with members appointed with volunteer members appointed by the brevard county board of commissioners will utilize robert's rules of order to conduct its proceedings the chair is asking that all board members 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 initial presentation we will begin board questioning with the board member who represents the applicant's district when concluded questioning is open to the full board the chair will recognize each board member in turn once all board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to address the board concisely and once at the conclusion of the public comment the applicant will be given additional time for rebuttal as well as to present their final comments once completed no further comment will be heard from the applicant or the public the action then moves to this side of the bar for board discussion and action we will not use a timer for this meeting instead we are asking each speaker to be concise in what they have to say it is important that you stay on subject and avoid information that is not relevant um we often hear about the spats back and forth of the neighbors that's not relevant all persons speaking will provide their name and address for the public record those wishing not to verbally state their address may ask the clerk at the podium for an address card please fill it out and return to the clerk are there any questions from the board regarding these procedures are there any questions from the applicants regarding these procedures are there any questions from the audience concerning these procedures seeing none i will now move into the real reason that you're here mr bode may we have the first applicant please yes variance item h1 kenny and evelyn hernandez request three variances of chapter 62 article 6 of our county code for a pool screening closure a pool and an accessory structure in an ru-1-13 zoning classification application is 25v 00019 located at tax account number 3016-857 in district 4 and also this item was tabled from the june 18th 2025 voa meeting thank you good afternoon good afternoon could you state your name and address for the record please kenny hernandez i'm the owner of 5470 calder drive in melbourne okay hi do you swear that the testimony you're going to give us today is the truth yes okay please proceed thank you uh as for our last meeting um there was uh with my plans there was an issue that uh i didn't have hoa approval at the at the time um i submitted it to kristen which i don't see her and i wanted to thank her for help being so helpful during this process um did you receive that okay um so i got the approval from the hoa um also there was letters of uh support which i think you guys got as well um based on um on the original plans that i submitted now i'm gonna we're gonna talk about the side towards the cul-de-sac which is the fencing um my original plans were to go 28 feet from the house to the rear of the yard but i i i understand um that the corner right that's the biggest concern of uh you know as far as this project is concerned so what i was going to request um is cutting the enclosure from 28 feet deep to 21 feet um along the house and then when i would enclose it i would enclose it horizontally so that that would give sufficient space in reference to the corner in question um which i would enclose it to the 32 foot mark which is the rear part of the of of where the enclosure is going to be with that said uh i would be requesting a variance it would be approximately seven feet um from the 25 it would be like an 18 foot setback uh and a seven foot variance give and take an inch or two maybe less or more um and uh i think uh i'm hopeful that um bringing the the enclosure the seven feet to 21 feet deep and the enclosing of it horizontally would be satisfactory to you all we we don't have anything that shows that you've redone this on your survey and have to re-advertise it for being differently than what is has been advertised so you'd have to come back and have it redrawn on the survey by your surveyor and show those distances so we could re-advertise it i was basically since it's my district uh i had reviewed it and uh the i was going by the action items that we had given you in the end and it was not to change the drawing but it was to get the letters of approval from your neighbors and also from the homeowners association which i did now uh and as i said in the last meeting and i repeat again i visited your property i've seen it and the way it was it is depicted in the current presentation correct it does not impede the traffic on the cul-de-sac nor on the facing street and i mentioned that in the last meeting so i did not and nor was it raised during the meeting by others did we have a major issue okay with the variance there what we wanted was the approvals i misunderstood so is this the way it's presented given to us is this the way it's you want to present it with the letters that you have now given us yes all right then we will go back as i said i reviewed this the streets are not impeded but uh the minutes of the meeting and it did say that you did not have a letter of agreement from the homeowners association which is quite important and you did not have approval letters from your neighbors because that is getting closer to their property correct the streets were not an issue and did not come up as a question therefore you have provided us letters in this last packet we now have the letters of approval agreement from your neighbors three neighbors and we also have the letter of agreement from your homeowners association which says that there is not an issue with what you are planning which is in the plan which is in this packet thank you i don't have any further questions any any other questions i have no questions no questions procedurally i need to ask the audience just step aside is there anyone in the audience who wishes to speak in favor or against this uh application you come forward please would you like to have a seat mr hernandez yeah have a seat in the front row right there i'd be fine um same procedure name and address for the the record good afternoon i'm warren mckesson i live at 3431 dirksley drive so i'm a neighbor of kenny hernandez i'm also i need to swear you in yes sorry um do you swear to tell the truth to us today absolutely yes okay are you speaking for or against the application i'm speaking for in support of now you can proceed in addition to being a neighbor i'm also on the board the hoa board and i was at the meeting where we discussed it with kenny and the rest of the board members and i actually was at the architecture committee meeting as well and with all of the same provisions that you noted the hoa architecture committee and board member agreed this was not going to be an issue for anyone particularly with the support of his immediate neighbors who had an adequate opportunity to weigh in not just at the meeting but also through mail they were they were sent letters and everyone seemed to go along with that so from our point of view this is not an issue for the hoa or any of his neighbors okay does anyone have any questions no questions okay thank you for uh your interest in of course public participation thank you um mr vanis didn't go back oh no others right okay yes i only saw one okay anything before it moves to the side of the bar uh no i mean uh you know i'm confident you know that everything will work out okay thank you thank you so much thank you thank you for your time um need a motion to approve or disapprove this uh application miss bass dr bass yes uh having met the action items from the june meeting i make a motion to approve the variants as depicted on the survey provided by the applicant dated 4 24 25 do we have a second i second okay we have a motion to approve and a second do we have any additional discussion all right then part of my my duties are to read the definition of the six hardship questions so in order to authorize any variants the board of zoning adjustment must 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 the 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 the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance grant 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 those six criteria in mind i will call the vote all in favor say aye aye any opposed the motion passes and the application is for the variance is approved mr bode could we have the second or next applicant please yes item h2 loz nelly negrego rolls norgaros request variance chapter 62 article 6 bevara county code for lot width and an au zoning classification application is 25v 00024 it's located at tax account number 2509830 in district 2. okay with the applicant please come forward good afternoon i need you to state your name and address for the record and carefully uh pronounce your your last name please thank you uh my name is luce nelly negrego rolls 1455 martin road rockledge florida 32955 okay do you swear the testimony you're giving us today is the truth yes okay how can we help you okay um so we've we what our main purpose is to um divide the the the five acre lot into two pieces uh we came before the county commission um i think it was in may i'm not remember exactly um and in that meeting uh we were going to rezone the a one acre of that lot and um in that meeting they requested us to have a dbp i don't know if i said that correctly what is it oh bdp sorry thank you um and in this bdp i kind of i agreed to it because i didn't think that this was going to affect me and anything else um but then after we agreed to this it turns out to be that my the flag lot can no longer be called the flag lot because it has to have a house attached to it and there's only one house on the whole entire lot so this is why we had to come back and do this variance um for the lot size um and that's what i'm doing here and i have i've asked if you can approve this i'd greatly appreciate it as um it really wasn't our i didn't realize that i was uh kind of shooting myself in the foot with that one um but we had no we have no intention of building anything else on the lot and that's why i agree to it um there is already a one one family house on the on the lot as it is that was that was the part that we was rezoned to an rr1 so thank you um your uh application rises in district two which is represented by miss clemens so you have the floor for first questioning okay so i think i missed the may meeting or whenever it was i don't this isn't this isn't ringing any bells but what was the original reason for for the separate parcels oh because um we want to do agricultural on the on the four acre lot and we wanted to have it separate from the house and that's the reason why we had um brought this i'm not sure if it was in may maybe even earlier i think i was in dubai it was may 2nd but it was approved it was may 2nd oh okay so i was right i think that was a board of county commissioners yes it was it wasn't it wasn't this board yes it was the county commission meeting yes proving the bdp correct and you have no intentions of building an additional parcel nothing nothing at all i mean what we want to do is agriculture on it um right now we've uh painted and fixed everything the lot is beautiful we maintain it constantly we're trying to get um some animals in there and stuff like that and it's it's for agricultural purposes and what is it that you painted uh we painted the stable it was in rundown condition so we fixed it we did the roof we fixed the barn the barn was uh replaced the roof we painted it um and we continue to upgrade the property for that purpose okay i don't have any additional questions dr bass do you have any questions no uh it's clear that this is property enhancement uh i don't have any further questions for you thank you okay um do you go through the procedure of asking do you want me to sit down uh just step aside for the set for a moment is there anyone here who wishes to speak in favor or against this application seeing none short trip back to the microphone any last uh statements anything no that's it unless you have any questions i'm more than welcome to answer thank you very clear thank you you have a seat thank you okay miss clones that uh is in your district yep i make a motion to approve the variance um as it's depicted on the survey provided by the applicant signed and dated 6 14 2023 i'll second that okay we have a motion to approve and a second is there any other discussion by the board uh hearing none um we'll move on then to um the reading of the six criteria so in order to authorize any variance the board of zoning adjustment must 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 that the special conditions and circumstances do not result from the actions of the applicant the 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 the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance grant 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 criteria in mind i will call the vote all in favor say aye aye any opposed the motion passes and the application is approved okay uh mr bode can we have the next applicant please yes item h3 star rush llc request variance to chapter 62 article 9 levard county code for a wall sign and a pud zoning classification application is 25v00029 located at tax count number 3018275 in district 4. thank you good afternoon state name and address for the record please my name is angela kopnicki my address is 1680 promenade circle port orange florida okay a long way from home um do you swear that the testimony you're giving us yesterday is the truth yes okay all right i am here speaking on behalf of whole foods that's going in off of your boulevard host food is seeking an increase of square footage for their signs from 216 square feet to 536 square feet they feel like if this is granted it would enhance the lighting on the properties which would ensure customer safety and a safer environment for customers and which would allow more visibility from um sorry um via boulevard so since they don't sit directly off the boulevard they sit back this will allow them more visibility okay i don't know if you guys have copies of this um yeah okay i wasn't expecting to be sitting here today so i didn't print out copies of that but it's okay you want it no we oh do you need you have it okay um your application arises in district four which was represented by dr bass uh so you have the floor for a question uh whole foods is uh at the crossings at the era correct yes ma'am and that is bound on the west by i-95 just to get a sense of where we are here in this shopping complex yes ma'am bounded by on the west by i-95 and on the east by murrell road and the one intersecting road is star rush drive yes which runs in in the center and around this on all four corners are businesses yes ma'am and uh the developer is sjc ventures and uh they are the retail developer of this property of which you are renting leasing the space to build your your building yes ma'am that's correct is this request for a monument sign or a building sign just the wall signs no monument signs we're just going to be a um on the tenant panel so i have that also and the picture is of the building and it looks like it's going to be the building sign yes no monuments just the building all right now has this same request been presented to the viera company's plan review committee who manages the change requests for sjc ventures uh i have been in contact with a lot of people from bavard county so i'm gonna i'm gonna say i don't know at the moment i just know i was in contact with george ritchie and he and i have had correspondence about me coming up today and asking for the variant who is george ritchie he works for bavard county in the permitting department all right so you have not discussed this at all with sjc ventures and their change management board at fiera it's their property and well what i'm on i'm speaking on behalf of kindle signs representing hose food so my correspondence has been with george ritchie and the actual sign company that hired us to come in and do the sign variance for well the area does have the approval rights on the sign especially on the uh building signs okay so i'm questioning how it can be approved by one half and not by the other half the other half i have i i can't answer that question ma'am i do apologize this this property is now owned by star rush llc yes and they have a authorization for for um yeah to act from the llc for this application from the owner of the llc star rush but the biera people that approve changes to this particular property is through the biera plan review committee and so i'm asking has that been reviewed by them also they would only be reviewing something if it was changing the amount of square footage of the property being used for the um the commercial use they wouldn't be reviewing the signs uh well um i did talk to some people at the air and that was not the impression i got but having said that let's go on then on the questions that you have number one the specific conditions and circumstances that exist here and your answer is that whole foods is a larger scale than many other businesses in the vicinity how much larger is this store than the one across via boulevard winn-dixie i don't have that information i do apologize i mean i don't have that i don't have the square footage of the entire i just have the um the building frontage and the side that's it that's all i have so the building is 216 feet i don't know what winn-dixie is all right your answer the answer to question number one is the signing limitations do not accommodate the operational needs of a grocery store of this magnitude so i'm just asking by comparison to a grocery store which is in the same complex what the difference is and you don't have the answer i don't have the answer to that i live in port orange so i am a volusia county resident so sorry all right in question number two special conditions and circumstances of the applicant you say that the increase in sign not you it was stated the increase in signage is driven by the customer's needs to easily locate our store um actually to be to be perfectly honest i drive this road and coming here today for this meeting i actually got caught by the red light um on the crossroad and i could easily read the paper sign which is hanging on the front of the building which is announcing whole foods is coming soon so that sign is smaller than the one that's going to actually go on the storefront which is the same size as the home depot which is next to it yes ma'am so i question why it's going to be it's going to take a sign 100 larger to see it when i can easily read a paper sign that's hung on the building absolutely granting of the variance requested will not confer on the applicant any special privileges uh says that the answer is the variance will not only benefit whole foods but will contribute to the safe environment of the customer would you please explain how a large 100 larger sign is going to enhance the safety of the customers well they're thinking like at night when the lights are on if the parking lots don't provide uh great lighting then it'll help the customers so that's what i was told so the parking signs and parking lights are great goodwill is there long doggers winn-dixie there's plenty of light there i hardly think that making the sign 100 larger is going to enhance the safety of people i understand the literal number four the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by others if this request is granted your sign will be over 100 larger than the existing sign of the two businesses which are part of the whole foods building not part of the business part of the building jeremiah's yogurt and hand and stone soap and those two signs on the front of the building are approximately five to six feet tall so i would think that you're 100 larger than the home depot sign by comparison next to jeremiah yogurt spa i think it would be hard to find their businesses not yours also brings him back to why i was asking about if the uh if the uh association that approves the sign each for viera uh had approved this or knew that you your company that you are representing was asking for this large of a sign the last one that i'm sorry on that particular i'm sorry yes no go ahead um this is advertised publicly right everyone has access to the applications advertisement it's been advertised publicly so all right i'm just wondering if it was they were notified okay particularly uh and the last question that granting the variance will be in harmony with the general intent and purpose uh will not be injurious to the area involved and uh the response is the the variance will facilitate our ability to serve the community better a 100 larger increase in the sign is going to serve the community better perhaps that is going to overwhelm the signs around it particularly uh the jeremiah uh yogurt sign question yes are you asking me that that's a question i think wholesale serves a more better purpose than jeremiah's but i mean i'm here to represent them not jeremiah so yes ma'am i answer yes any other questions i'm done i have a couple questions i just want to make sure i understand because you have the three different depictions of the um signage so the the main picture is when you have here is all three of those signs is what equates to the 500 square feet yes ma'am so and in the standard practice you guys do all three of those signs on all of your buildings yes ma'am they're just at a smaller scale you're just asking likely because it's if we could reduce the size i guess we can do that as well but they wanted to go for that so and i'm sure it's because of the north facing traffic from 95 correct yes ma'am and there's nothing in between this entire complex is your there's no sublets from this picture correct this is your entire entire yes ma'am that's correct and that square footage doesn't include any of the sign b2s that are freestanding no ma'am and those are within compliance or there's no variance requests for those there's future variance requests no ma'am and then are all three of the lights lit yes ma'am okay that's all my questions thank you i just have a pointed question possibly mr bode this and i didn't again i wasn't expecting to be sitting here so i didn't print out all the stuff is this increase for the sum of the signs or the increase for each sign no it's for this uh all the signs over the what is the sum of the square footage of the signs yes all three of those that's what you're allowed but the but the total signage is what the the 500 square feet is all three of those and then they're asking for more no no no they're asking this is what they're allowed for two three signs yeah they're permitted 216.83 square feet and they're asking for an extra but it's i'll go up to 530 and it looks six it looks like it's all on the face of which which way does the sign do these signs face there's three on the north and then there's one sign on the west side of the building but we're not the west side faces i-95 yes that's where you're trying to pick up some visibility there the other two face viera boulevard yes okay are you are there any businesses between whole foods and viera boulevard you took in front yeah i think there's a miller's ale house so you are set back behind those yeah we're set okay okay there is one building and that is miller's ale house which is on the corner of viera boulevard and star rush drive which is right on the very corner there it's a smaller building okay no i was just trying to picture my mind where where it was the rest of it along the air is parking right okay all right any any other questions from the board okay i have to go through the procedure of asking first is there anyone in the audience who wishes to speak in favor or against this application seeing none please return thank you and um last comments i don't have any thank you so much thank you all right thank you all right um dr bass this um this application arises in your district uh would you like to make a uh motion i make a motion to deny the approval of the sign size increase as provided by the applicant you have to give a short reason because it is contrary to the public interest a second um i'm not forcing you to i know i second okay we have a motion to deny and a second um any further discussion here amongst amongst our board members i um having not reviewed it in depth but getting some sort of understanding of where the building is i tend not to object to this but that would be for a vote of the board i feel like there's a compromise i don't think it needs to be a hundred percent but i'm i feel like there's a compromise so maybe if they want to come back with a little bit different i think i'd be open to that can you make sure you speak into them yeah i feel like there's a compromise i don't think it needs to go all the way to the 500 square feet i'm fine for it to be larger i understand but i feel like it's a pretty extreme request that's all okay um that's the extent of our discussion so we have a motion to disapprove we have board discussion i'll read the six hardship questions and then we'll take a vote in order to authorize any variance the board of zoning adjustment must find all of the following factors to exist that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that special conditions and circumstances do not result from the actions of the applicant the granting the variance requested will not confer on the applicant any special privilege that is denied by the provision to this chapter to other lands buildings or structures in the identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance grant is the minimum variance that would 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 we're going to call the vote by member so dr bass for the for the motion to disapprove the application yes okay that is a vote to disapprove yes miss clemens yes motion to disapprove okay then i will vote against the motion to disapprove however the motion does um it passes in denying the application by a vote of two to one so um the applicant is uh welcome to come back with next steps okay um mr bode can we have our next applicant please yes item h4 jason and leah riley request variance of chapter 62 article 6 of our county code for a shed and ru-2-10 zoning classification variance application is 25v 00034 located at tax account number 2735992 in district 5 okay could you state your name and address for the record please hi my name is leah riley and my address is 1760 williamsburg way in melbourne 32934 okay do you swear the testimony you've asked today is the truth yes i do okay um your application arises in my district district 5 um and yours is one of the ones that i actually printed out and actually i didn't visit you but i drove by okay and saw the situation um i noticed that uh you vacate that the vacated the i guess there was an alleyway or something between you so there is an easement between my property and my neighbor's property because of a drain pipe that goes through from the street to the retention pond in the back so the easement was approved by the county on the 20th of may they came through thoroughly to ensure we there was no record of exactly where that pipe was it's a cement pipe so the county came out and measured exactly where it was and it showed that the pipe was much further onto my neighbor's side of the 15-foot easement between the two of us um so with that being said they felt and reviewed that there was enough room for them to do any repairs that were necessary and then our hoa also approved that because in in reality they're responsible for repairing it on the as far as the survey and the land works on that that area so all of that was approved i thought i was on my way to get everything that i needed and called right right down into zoning um and the struggle with this is that we've we hired you know we had hired a professional contractor and and went through the professional surveying part of this and somewhere along the line i'm not sure where it is but there are literally inches that have been misguided on a certain corner of the building um so the easement was approved there's no um the only thing that's there is is the pipe there's no utilities nothing like that um we had the approval from the adjacent neighbor um spoke to all my neighbors and basically it's the shed that's already been constructed it went through several rounds of inspection and all of this and then when we went to the final inspection there was a notation of um this discrepancy and i'm not sure where this came up we originally when we bought the property there was an a old structure an old shed um that we quickly realized had black mold in it so we had it removed from the property and it was in the same spot um and at the time it was built with the fence kind of into the fence um we then removed that fence and had a fence built um just um about a foot um towards our property so it wasn't built right on the line because there's a bunch of trees there that we wanted to preserve so i don't know in the surveying or somewhere where there was a couple inches that may have in one corner there had been a discrepancy between the professionals measuring um but we in in constructing this building we we i feel like we went through every kind of check mark to make sure we were doing the right thing so as it was built it wasn't built to to in fact we were trying to make sure it was far enough back so that we didn't have to go through any of this so now we've been going through about two years of trying to get all these steps and and we'd like to close out the building so we can use it um but we haven't done anything further so it is a it has a concrete slab it's so the hardship would be to actually remove this whole thing to have it rebuilt um and so that's why we're here today to to pray that you will um because it's not affecting any any other area but and i believe in the percentage it's like it just skates by you know it just goes over what the ovarian salatman is forgive my old eyes i can't read all these small maps and stuff how much over are you um i think in one i it's not clear to me exactly where the issue was with the variance because i was so looking at the easement part the easement i believe they gave us like 11 inches in one area and all it met all the other criteria for the distance in fact i i had the surveyor come back to make sure that the building was in the correct position away from our pool structure too so all of that was re-measured and that's shown on the current survey that you have to to show that but it is within inches in one corner we're talking this much yes the neighborhood yes the corner of your building yes they vacated two and a half feet to go just around the outside of the shed is what it is and also you're wondering about whenever it was how it was brought up when i did the staff comments for the vacate i said that uh zoning didn't have any objection to vacating it but however the variance to the normally 7.5 feet side setback would need to be applied for and approved by the board of adjustment for the accessory structure frame shed to comply with the zoning setback requirements so when i did the staff comments for the easement vacate that's when it came up probably to the uh specialist from the vacating in amber and she made it noted we're talking about discrepancy i can measure with my hand inches per foot it looks like it's just about from looking at the survey two and a half feet into okay seven and a half foot so that's the reason we're here right now so that that's looking at five feet two and step back to it that's what the survey says per the survey yeah i can't my eyes aren't that good um okay you but they do have enough uh room to uh maintain that drainage yes yeah they can get in there yes you don't know how big it is um it's it's 15 feet but the majority of the diameter of the pipe oh i don't know the diameter of the pipe but when they came through they went through every section of it to figure out where it exactly it was um and it's several feet onto my neighbor's it's what the rear yeah and my argument with that well why i felt that from the very beginning before they went through that is i have a massive maple tree on my property that was definitely there before this pipe was there and and so that to me shows that it's a significant amount you know more over like seven or eight feet on the other side like it's mostly on his property not mine and and so the other thing is we're not putting any utilities or anything they're not building anything on that side whatsoever and that's why the easement was approved does does the pipe what we call daylight can you see the end of the pipe if you go over to your neighbor's property i can see it on my neighbor's property yes so is it as big as my head is as wide as my shoulders um i think it's probably about this all right 12 is 18 yeah yeah and you can see it close to the top of the ground i can see it close to the top when it comes out where the our water is in the back yes yeah would you say it's that much below the level of the ground yeah here's what i'm coming to if it's a small pipe and it's not very very very deep it's not that hard to access it even if your shed is a little closer yeah so it sounds to me like it is yeah that's fine yeah i watched them with sticks i mean they were just sticks with it so it wasn't like they were taking a backhoe to find the pipe it was it was right there yeah yeah okay um you mentioned that you talked to your neighbors yes has anybody emailed you give you anything in writing saying we don't care we're fine um on the easement application my adjacent neighbor signed the document that was submitted all of that's been done and the hoa on record also sent in with the easement package very good very good okay okay um that's all the questions i have does anyone else have questions no no questions okay i have to go through the procedure of asking to step aside is there anyone in the room i know you're tired of this um which is to speak in favor or against this application seeing none please return um you have a chance to say any final words comments um no i just would appreciate um an approval um it's been a long process and a lot of lessons learned but all good lessons so we all learn yes okay thank you all right as it arises in my district but as chair um i'm not uh allowed to make a motion so would someone make a motion as they please i make a motion to approve the variance as requested i can't read it either sorry as depicted on the survey provided by the applicant signed on 3 10 signed with the signed date of 3 10 2025. okay do we have a second i second it okay we have a motion to approve and a second do we have any uh board discussion discussion okay uh with that i move into my reading of the criteria in order to authorize any variance the board of zoning adjustment must 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 the granting the variance requested will not confirm the applicant any special privilege excuse me that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance grant 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 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 okay mr bode may we have the uh next applicant excuse me does anyone need a couple minutes of recess or anything board audience no good okay mr bode may we have the next applicant please yes item h5 brian j lewis and christina obermeyer lewis request variance chapter 62 article 6 bevard county code for an accessory structure and an au zoning classification variance applications 25v 00035 located at tax count number 2314111 in district one okay could you state your name and address for the record please brian j lewis 5120 pine street coco florida 32927 canaver grows okay uh do you swear that the testimony you're giving us today is the truth yes i think some shorter people than you push that microphone down you get up to where you can get at it please just uh request invariant because uh there was carport put there we bought the property to move down here because i'm a vet that's need the heat from my back so we moved down here i bought it in february 23 the carport had been there was built there um we asked when we bought the property everything's good yep we didn't know there was a law against carports being in front of the house it's 15 feet off of the property side from the neighbor's side there's oak trees on both around it so everything else it's it's a hard structure it's a hurricane proved it's built into the concrete the driveway itself uh linking up to our house and this came up because we're doing renovations on the house and everything else went through and now we have a problem with the carport sitting there so then now okay your application arises in district one um our district one representative is is not with us today and normally the chair would take over however i'm not prepared for this because i don't have a printout of your application so i'm going to defer to one of my colleagues here and ask maybe miss clemens could you start the questioning um we're not looking to do anything different with the particular structure just looking to legitimize the carport yeah we just bought it that way i'd like for it to stay there because i don't want to go up there and detach it all and yeah it's kind of crazy and stupid but and it's in good condition it's not dilapidated or no it's okay we got a beautiful home and pool and everything's done and i have no idea that we did something incorrect what made you figure this out what made us figure this out we were we're adding on to the house and when he came up with my construction guys they said hey you need a variant for that carport otherwise we're gonna have to take it all apart put it out in the front yard and get a variant and then put it back when it's done i'm like well that doesn't make common sense and i've been doing military my whole life and i've seen some really weird stuff before but that one doesn't make some sense at all so we just said okay we have to come down and we have to fill this out and we split on there that several other neighbors in the car and uh canal grows kind of acres to you guys that almost everybody has a carport on from here we live in the sticks or country people that's how i guess that's how they did them so but um so we just said okay we have to we have to abide by regulations and that's how that's how we submitted this okay so that's always asking it's there existing i just wanted to leave it there other questions do you say this was there when you um when you bought the property recently yes sir okay we bought in february 23 and it was already on the property built we actually said oh that's nice the carport there so that was part of our thing with the realtor and and uh we bought it so i think you asked the questions that i wanted to ask and but i will comment that uh in florida or in this area things do change over time this is not an unusual uh circumstance so um i don't have any questions indeed for you any questions no i have to procedurally ask the audience don't go far um is there anyone in the audience who wishes to speak in favor or against this application seeing none uh any final closing all my neighbors are cool we go on cruises together so you're not gonna hear us all right thank you all right um yeah uh can we have a motion please do i make a motion to approve the variance as depicted on the survey provided by the applicant with a date of 1-9-20-25 i'll second that so we have a motion to approve a second um any other discussion okay no other discussion moving things right along in order to authorize any variance the board of zoning adjustment must 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 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 the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance 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 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 a vote all in favor of approving the application say aye aye any opposed the motion passes and the application is approved um mr bode could we have the next applicant please yes item h6 williams simon's request variance of chapter 62 article 6 of our county code for a doc and an ru-1-9 zoning classification application is 25v 00036 located at tax count number 2408868 and district one okay uh could you state your name and address for the record please uh yes williams simmons and i live at 6505 june drive in coco okay are you going to speak today um no i'm with him i'm the builder so she's the builder of the boat you question either or i don't mind i can sit in here just no no i don't i don't mind you standing there it's just if you're going to speak i need your name and address for the record and the swearing yet just in case hi my name is jaylene hernandez and i'm sorry that i have told the truth could you both please raise your right hands sure uh do you swear at the testimony you're giving us today is the truth yes okay please proceed okay so um i had the stock built um i was here last december some for other variances for the property so got approved builder came in excellent job everything's moving along the base is in the poles are up the deck is on the roof is not like what's going on she said we have to speak we have to she says we have to wait for the approval of the county to inspect the footprint makes no sense that the footprint's bad why put a roof on you got to tear it down i'm like okay cool the lord county inspector comes out i happen to be home that day he's walking around and looks everything's good i asked him i said any problems he said nope looks good he leaves a week or so goes by the roof people come out they put the roof on now we're waiting final inspection jaylene calls me she says for our county saying no it's bad bad no good wait a minute the guy just looked at it it's bad they don't know why there's a there's some kind of a miscommunication not the smartest guy in the world i'm not a surveyor but i work with some people at the space center that are one of them is a friend of mine i had him come out i said look at this thing tell me what's wrong and he goes that looks great what's the problem he says where's your document so he goes to the doc box he pulls out the document he's looking at it he goes oh yeah right here he says they're never going to approve it because your surveyor says the doc over 16p i'm like why did the first guy inspect it and he never said nothing wrong he said he missed it i said what do i do he said is that the marker and i said yeah he goes that's your other property marker and i said yeah he said go to walmart buy some kite string hot pink tie it to that one tie it to that one run it across your dock run your tape measure out see if it's over 16 feet back to that line it's right on the nose 16 feet took pictures give them to her she submitted in rebard county they're like we don't care on this paper you're five inches over so how do i get out pay the money file for a variance and this is where we are okay um your application arises in district uh doc yes district one um and your representative's not here today um so again i was not expecting to sit in this seat so i didn't print out in uh the uh the documents but dr bass do you have i have it just in case oh oh yes you were sworn in you can speak oh no no no we we have that it just i didn't print it out for myself it's okay would you like to start yes i only have one comment or in the form of a question and that is your property is at the terminal point of the uh waterway there and there's no house on the if i'm looking at the picture there's no other house on the right or the left so you are not blocking anybody else's dock traffic by your foot by your five feet or five inches by your five inches uh and that's that is what comes up as a concern other people may say if there was a house there are you impeding their view of the waterway well that there is nothing there so your five inches is not going to have any impact on anyone else yes 0.5 feet i'm sorry the 25 feet is not going to 0.5 you said five inches i'm sorry feet is not going to impact any other person living in this area on this particular waterway this little okay no questions appreciate for just just a general question uh when they come out and do those inspections don't they sign off on something in the the the box the permit box they look at the structure of it the building um inspectors do make sure that's built for the plans as far as the plans we make sure in our code that every single dock has to have an as-built survey has to make sure that it's not over the square footage of the what's required or the projection or the setbacks and the problem i think what this one was was that the plan was uh that was submitted was measured off of the seawall whenever we got the as-built survey the seawall is at an angle compared to what the property line was which put it out another half a foot thank you thank you just general comment for the board we run into this all the time yes i don't like the seawall regulations but anyway um any anything else uh i need to do the procedural is there anyone in the audience who wishes to speak in favor or against this application seeing none any final final words okay thank you very much all right thank you thank you okay um next step is to uh i make a motion to approve the variance as depicted on the survey provided by the applicant with a signed date of 4 20 20 25. okay we have a motion to approve yes and a um second uh any more discussion from the board no sir only that six inches is de minimis and as you said it's in the it's in the cul-de-sac of the canal so um all right let me read the uh six criteria and then we will vote as i find my paper where it is thank you in order to authorize any variance the board of zoning adjustment must 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 that the granting the variance requested will not confer on the applicant any special privilege as denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance grant 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 criteria in mind i will call the vote all in favor say aye aye any opposed the motion passes and the application is approved mr bode can we have the next applicant please yes daniel lowe and mitchell request two variances of chapter 62 article 6 of our county code for an accessory structure and an ru-1-9 zoning classification variance application 25v 00037 located tax count number 2727 811 in district 5 okay um could you state your name and address for the record please yes daniel mitchell microphone yeah pull it to you daniel mitchell 230 avenue to central in the atlantic okay um we swear you in do you swear to tell the truth to us today yes sir um please not actually you're go ahead and make a presentation sure appreciate you guys taking my application i am requesting two variances today to allow me to place a utility shed on my property the way my property is laid out with the pre-existing pool creating a limited yard space um that is in practical location in the current zoning requirements the shed would give me a secure place to keep my lawn equipment and bikes and gardening tools and i've made sure to talk to my neighbors and ensure that they're all satisfied with my plans and just requesting an opportunity to proceed with my plans your uh application arises in district 5 which happens to be uh my district i did drive by your property and got the general layout i can see from the survey that um you're on avenida at central right yes sir okay i got the right survey um i can see it's back in the corner there have you got any uh letters emails anything from your neighbors saying they do or do not object i don't i didn't think to do that okay take your word for it have you talked to him about it i have yes sir and and and what's what's the amount of the the variance it's three percent you're asking for three feet three feet from both the side and and rear yes sir okay he's looking for a three foot setback so he's looking for a 4.5 foot variance on the inside and that is there a fence around that corner yes the fences on all sides how how uh how tall is the fence in comparison to the eaves of the shed um the shed wall taller than the fence it will be a little bit taller okay not much maybe two feet so they'll see mostly the roof line correct okay that's all i had um any questions from the other board members no no questions okay does anybody want to speak in favor or against this application we're thinning out here so apparently not um any anything else no okay have a seat okay all right um this this uh application arises in uh district 5 which is my district but i cannot make a motion as the chairman today so would one of my colleagues like to make a motion i make a motion approved to approve the variance as requested on depicted on the survey provided by the applicant signed 6-9-20-25 i'll second that okay we have a motion to approve and a second is there any board discussion no then get that check move this right along in order to authorize any variance the board of zoning adjustment must 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 that the special conditions and circumstances do not result from the actions of the applicant the granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter of the identical zoning classification the literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure the granting of the variance will be in harmony with the general intent and purpose of this chapter which shall 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 any opposed the motion passes and the application is approved mr bode could we have the uh next applicant please yes item h8 langford harrison and jessica francis covington request variance of chapter 62 article 6 bevard county code for an accessory structure and an ru-1-11 zoning classification variance application 25v 10038 located at tax count number 2608866 in district 4. okay state your name and address for the record please lankford covington um 408 bridgetown court satellite beach florida 32937 you're very tall so i don't know if that's as tall as that'll do you swear to tell the truth to us today i do okay uh please yeah so um currently the way that my house was built back in i believe 1963 it's very far towards the back of the uh the rear property line um kind of preventing us from having any improvements to the property in the back and um we're proposing to put a roof structure within five feet of the back of the home in order to um kind of give us a little bit of relief from the sun i'll look at that sorry um it's not going to be impeding on any of the side setbacks or the rear setbacks it's literally just to build it within five feet of my existing home additionally it will be going over um pre-existing impervious structure so there'll be no um issues as far as increasing you know the impervious area to the property your uh application your application arises in district 4 dr bass i went to the property and did a walk around evaluation uh as stated in the paperwork the accessory roof structure will provide shade over the existing patio the design does not extend past the existing patio area the roof support structure will be set on the existing patio it does not extend into the yard area so there's no no permutation on on any easements that are being affected other than what's already existing therefore there will be no land infringement to the adjoining neighbors the roof will not impede neighbor views of the waterway in either direction or impede boat traffic on the canal way i do have a question for the attorney though please uh on page 79 in uh the letter from mr bode's office the description here says this request represents the applicant's request to construct accessory structure but in parenthesis it says pergola on the rear of the home this is not a pergola and that is not what the drawing says the drawing says that it is a proposed proposed roof pavilion is that that's not going to make any differences that when we approve this no this is just for y'all staff comments this isn't how it was advertised as a pergola it was all right that's what i wanted to find out i didn't want him to call the construction company and then say well you're not building a pagoda all right i have no further questions okay thank you um no questions okay um yeah uh ask the people do you wish to speak in favor or against this application okay i'll it's getting late in the day and we're getting a little punchy um any last words um no just thank you for your consideration okay thank you uh dr bass this rises in your district i make a motion to approve the variance as depicted on the survey provided by the applicant with the signed date of 7-3-2025 i second all right we have a motion to approve and a second um do we have any additional uh discussion yes sir all right with that in mind in order to authorize any variance the board of zoning adjustment must 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 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 provision to this chapter to other lands buildings or structures in the identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that 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 i will now call the vote all in favor say aye aye any opposed the motion passes and the application is approved seeing no more business before the board i declare the uh meeting of the board county board of uh zoning adjustment uh of august 20th 2025 adjourned