Please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the world that stands. I now call this meeting of the Board County Board of Zoning Adjustment on Wednesday, October 15, 2025 to order. Any staff announcements? Seeing none, Mr. Bode, would you please read our first reading, please? Yes, Ms. Chairman. The Board of Adjustment is a quasi-judicial body established by the Board of County Commissioners under Chapter 62, Article 2, Division 4 of Bavard County Code. The Board of Adjustment is empowered to hear requests for variances in zoning regulation and sign regulation in Chapter 62, Article 6, and Article 9. Pursuant to the Florida rules of the pellet procedure, any person or persons jointly or severally agreed by any decision of the Board of Adjustment may within 30 days after the date the order is signed apply to a Court of Competent Jurisdiction for appropriate relief. Ms. Chairman, you have 13 items on your agenda today. Thank you. Will Ms. Clemens from District 2 please read us Undue Hardship? An Undue Hardship is a variance that 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 this requested variance, the applicant will have no reasonable use of the subject property under existing development regulations. Personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for invariance. Economic reasons may be considered only in instances where the landowner cannot yield a reasonable use and or reasonable return under the existing land development regulations. An 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. And now we'll address our board members, the applicants, and our audience regarding the board procedures for today's hearing. The Board of Zoning Adjustment is a quasi board with members appointed by the Brevard County Board of Commissioners. We'll utilize the Robert rules of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentations, we will begin board questioning with the board member who represents the applicant's district. When concluded, questioning is opening to the football. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to present their final comments. Once completed, no further comment will be heard from the applicant or the public. The action then moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we're asking each speaker to be concise in what they have to say. It's important that you stay on the subject and avoid information that's not relevant. All persons speaking must provide their name and address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for a dress card. Please fill it out and return to the clerk. Are there any questions regarding these procedures from the board members? Are there any questions regarding these procedures from the applicants and from the audience? Seeing none, we will move to our next order. We will go to the meeting minutes. Can we make a motion? Motion to approve. We have a motion to approve by Ms. Clemmings. I'll second it. Second by Dr. Bass. Thank you. Mr. Modi, can you bring our first variance, please? Yes, item H1, Park and Cruise 2, LLC. Request three variances of Chapter 62, Article 9, Bevard County Code for a proposed and existing sign-in. IU zoning classification application is 25V00030, located at tax account number 2428311 in District 2. Thank you. Can an applicant please come to the podium? Good afternoon. Bill Moberg, 274 Andros Avenue, Cocoa Beach. Park and Cruise is one of them. I'm sorry. I'd like to swear you in first, please. Yeah. Okay. Do you swear to tell the truth, the whole truth? I do. Thank you. Now you can present your case. So, one of the businesses I own is. Can we hold on just a second? Yes, sir. Do we have an authorization for you, Bill? We do somewhere. Hang on a minute. Let me make sure. Do we have it done by Michelle Monslave? We submitted that with our application for the sign permit. His name? You? That has to be done any time you apply for a permit. And the only person we have authorized by Park and Cruise is Michelle Monslave and Jose Hortes. That's the sign company we've hired. We don't have an authorization for you to speak for them. Okay. Is Michelle here by chance? No. No. It's an Orlando sign company. But she got that from me for the application for the permit. So, I would think you guys would have it. Is there a card he can fill out? Or can we, if we can carry on, we can make that part of maybe something we could turn in. Mr. Bode, is in your hands? Give me another minute. Okay. We don't have an authorization from David to board or any of the people authorizing you to speak. Okay. So, this needs to be tabled to the next meeting. All right. Thanks, anyways. So, we'll make a motion to table this to the next meeting. We're going to put it on a calendar. Are we going to schedule it now? Yeah. We turned it in. At the November 19th BOA meeting. We turned it in when we spoke with the MIRA board also. One second. They're going to bring something to you. I mean, I don't know if you guys, if we have the ability to bring it up and then rectify that after the meeting based on that. No, we don't. We don't. Okay. All right. Thanks for your time. Okay. One moment. So, just so we're clear. So, for H1, what we're going to do right now is table it to our next November 19th meeting. Is that correct? That's correct. For the record. Yes. Okay. And at that time, you will be coming back. Correct, sir? I think so. If you're going to speak for him, make sure that you have David Cabord or John, one of the Cabords, authorize you from their LLC. It doesn't have anything to do with anybody but David. He has a speech problem right now. Oh, he does? Okay. He does. Maybe John can. Whoever's on the LLC for the parking right needs to authorize you. Yeah. So, we're clear of the proper thing, protocol that he needs for the next meeting. Are you clear, sir? Yes. I'm clear. I just don't understand how the county would let it go that long because we turned it in. Everybody said okay. We don't have one authorizing you as an individual. You have or we wouldn't have gotten to this point because the only reason it got defined was for the restriction of height. We don't have it in any of our application documents. All right. Thank you. Okay. Thank you. Can we have our next variance, please? Yes. Item H2, Cheryl L. and Victor L. Victor J. Hooper. Request two variances of Chapter 62, Article 6, Brevard County Code for a swimming pool and an RU-1-13 zoning classification. Application is 25V00033. Located at Tax Account Number 2712677 in District 4. Okay. May I have your name? My name is Sam Dick Petras. I do have an authorization form submitted. I'm here on behalf of Cheryl and Victor, who are not here. No, no, no. I'm going to swear you in. Sure. Your first and last name, please. Sam Dick Petras. Okay. Do you swear to tell the truth, the whole truth? Yes, I do. Thank you. Present your case. Okay. Sure. Thank you. Like I was mentioning, I'm Sam. I'm a pool contractor. I'm here on behalf of Victor and Cheryl Cooper, who are not here. They're out of town. I'm here to request two variances of the locations for the swimming pool setbacks. They started this process back in 2020, but due to COVID, it got stalled. We do believe they have a hardship due to the unique size of the lot and location, and we're requesting the variance in the smallest amount to make the therapeutic pool possible. We have discussed this with the neighbors, who have all provided letters to support. It would be here in person if they could, but scheduling did not permit. I'm just going to take a few minutes. I'll briefly discuss some of the issues related to the setbacks. The location we're asking for is the only space available, and we are not requesting the entire space, just the minimum that we could use for a small lap pool. A typical lap pool is about 75 feet by 8 foot. Our design is 40 by 6 foot, or about half the size of a traditional pool. Wait, let me interrupt you real quick. One quick question, Mr. Boddy. Is he authorized to speak on behalf? He is. Yes, he is. We have his authorization. The individual ones from both homeowners. Just making sure. Make sure of it. Sorry, where was I? I just want to talk about how we're going to address the different setbacks. So the location we're asking for is the only available space for the pool, and we're not requesting the whole thing. Like I said, it's basically requesting about half what would be a normal pool for a situation like this. The reason these setbacks are impacting this is because this property is on water on both sides, and I use Google Maps to review the entire upper of our county, and about 1% of pools go into this very unique situation. And the majority of them that I could find already had pools on their properties. The variance requesting are for the setbacks to be closer than 10 foot from the seawall and from 20 foot from the rear property line. The major concern for the setback for the seawall is protection of the seawall. To address these concerns, we hired KSM Engineering and Testing to take soil samples and provided Geotech signed and sealed engineering report. We then hired TE Schlilt Engineering for a helical pile design. If you don't know what that is, a helical pile is something we put in the ground below the pool that attaches to the pool to take that vertical load and doesn't let it press on the seawall. With that design, we then hired MK Structural Engineering for a final pool structural design. They took those designs reports and incorporated it into their final design. I have copies of all those reports if you'd like to see them. They weren't included in the original variants because this has been an ongoing parallel process. All of these companies are local, state of Florida, licensed professional civil engineering firms that have been to the property and will be consulting along the process. The other setback question we have is for the rear setback. Like I said before, basically we're asking for this variance because there's really nowhere else they could build a pool on their property. The whole property itself is about 100 feet wide. On the front of that property is an access road for the entire point. This is on, if you've never been there, this is the end of Merritt Island, Dragon's Point. Super, super skinny and there's really very little room to do pretty much anything. On the property currently, in the front, like I said, is the road and on either side of the home is drainage fields and setbacks for their home and the neighbor's homes. Another part of that setback is also for protection for the environment. So what we did here is we did hire Traeger Consulting Engineering of Melbourne who created a site-specific and signed and sealed environmental protection plan. That plan was calculated using the 100-year rain event, which actually improves the waste water from the property. The plan calls for us to remove 500 square feet of concrete that's currently there, and the pool itself is only 240 square feet. So there's a net benefit of at least 260 square feet of drainage that removes waste water into the river. So that's basically all I have for you guys. I don't know if you have any questions for me. Okay. Well, I see this variance covers. Dr. Bass, your District 4. Hello. Hello. My first comment is thank you to whoever answered the questions because the questions were answered very thoroughly. Thank you. And it was very clear to see what you wanted. Second, I did visit the property. Okay. I had, since it's Dragon Point, I did have protection items in mind for the environment. And I was thinking in particular because it was so far south on Dragon Point that a pool in some way might interfere with the yacht club, which is directly across the river at that point. Okay, yeah. Well, when I went to the property, I noticed that that is a long way away. The river happens to be very wide at that point. Yeah, that's a pretty wide area. So, and there was, there were no mango trees. There was nothing around. So it looked pretty good, which is exactly what you were saying. Thank you. So that helped me quite a bit. The next, and you talked about in the back. Now, are the steps going down to the current dock or is that where the pool is actually going to be part of? Yeah, essentially. Right where those steps are to the right of it. If you look at the back of the house, it basically is going to take the back profile and extend it six foot. Okay. Because the whole pool, interesting enough, is actually going to be built above ground, not below ground. That was what I was wondering because the house is sitting quite high with the three steps down and then there's a dock. So I was wondering how that, well, not a dock, but it has a platform. Yeah, yeah. So actually, yeah, we're going to build it up so it'll be the same level of the house, which is one of those environmental benefits is that will actually retain some water and all that concrete is going to be removed. It's all going to be replaced with soil, and if you were there, you saw it's a pretty good slope. I did. Which that slope is coming out, too. Yes, and so is the parking right there at the side, right? I mean, it's up much higher. Did you have fun turning around once you get back there? Right, right. And I did notice that the neighbors to the north, they have a dock out there, so I couldn't see where it would impede on the environment in any way or in the boat traffic, which was my big concern on the river right there. Yeah, we actually met with Leanne McCollum-Wahm, who's the director of the Environmental Resource Management Group here at Bavard County. Good. She reviewed the plan with us. The plan was submitted, as far as the original pool permit. That's been reviewed and approved already. Okay. So from an environmental perspective, we're actually making it much better. Okay, good, because that's a very special area. Yes, absolutely. It's a very special area to all of us. Yeah, they bought the house, I think, in the 1970s, so they've been there forever, and you know, they love it. And they obviously want to protect the rivers that they enjoy every day. Yes. Okay. All right. Thank you. I don't have any further questions. Boy questions? Yeah, I have a question. Hi, how are you? Oh, great. How are you? It's horrible, actually. Could you address the stormwater again? Because if you have the pool as raised above ground, how far is that above ground? So it's going to be about four and a half feet above the ground. But the stormwater issue, like Dr. Bass mentioned, if you go to the property, the whole backyard is sloped towards, and it's all concrete currently, and it's sloped towards the river. So all rainwater runs out directly into the river as it is now. So you have no stormwater, or you're not getting rid of the water any other way than runoff, right? Not necessarily, yeah. So what we're doing is it's the plan called – so we calculated it based off something called the 1-800-year, 1-inch rain event. So it's essentially worst-case scenario for water, what's going to happen. And the plan was included with the variance. I have copies if you want to see it. What that does is it basically takes that slope, removes it, which is more than 500 square feet in reality of what we're going to be doing, because we're only removing 500 square feet of concrete. But all the slope that was coming towards that, it's also coming towards the slope. Sorry about that. So when you look at it, we're raising that whole level up so it'll all be in the same plane, filling it with dirt to allow it to be porous instead of – currently it's not permeable at all, right? All that rainwater just goes directly in. So there's a general net benefit of more than 500 square foot of runoff filtration is what we're adding. Yes. We did discuss mangroves and other such things, but based on the recommendations from the environmental resource group, they said that there's different things we could do. That was one of them. It's not necessarily the only way to do it. So basically you haven't done anything. It's just a runoff, correct? There's nothing extra for stormwater? Nothing extra for stormwater with this plan, no. But like I said, it was reviewed and approved by the Lane Department. Ms. Clemmings? Okay. No other questions? No. Okay. Do we make a motion? Yes. I will make a motion to approve the variance as depicted in the survey provided by the applicant dated 701-25. Okay. Before we make a vote on that, I'm going to do six hardship questions. Does special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification? That the special conditions and circumstances do not result from the actions of the applicant? That granting the variance request that would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification? That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter? It will constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure, and that the granting the variance would be in harmony with the general intent and purpose of this chapter, and that such variance would not be injurious to the area involved or otherwise detrimental to the public welfare. Dr. Bass made a motion to approve the variance. Do we have a second? I second. Dr. Bass made a motion to approve. Ms. Clements second. And you say, Ms. Clements? Yeah. I'm good. All in favor, say aye. Aye. The variance have passed. Thank you very much. Thank you. Have a good afternoon. May we have our next variance, please, Mr. Bode? Mr. Chairman, we need to go back and revisit item H-1. That was not voted on to carry it to the next Board of Adjustment meeting on November 19th. So if you could vote on it. Item H-1? The first one. The first one. We're going to continue it. Okay. So what are you saying? We need to have a vote to carry it, to table it to the November 19th meeting. I'll make a motion that we carry H-1 to the next meeting on November 19th. Do I have a second? I'll second. Second. All in favor, say aye. Aye. It's been carried to November 19th. Thank you. You're welcome. Item H-3. Francis Scott Riley requests variance of Chapter 62, Article 6, Brevard County Code, for an accessory structure in an RR-1 zoning classification. Application is 25V00039. Located at tax account number 2404142 in District 1. Can the applicant come forward, please? Can you state your first and last name, please? Francis Scott Riley, 2729 Burke Court, Cocoa, Florida. You swear to tell the truth, the whole truth? Yes, ma'am, I do. Okay. Present your case. This variance is for the positioning of a metal garage structure on the property. All other requirements will be met. The only request for variance is to move this building closer to the property line in order to orient it properly. There are a few reasons for this request. First and foremost is that it will allow me to leave a large copse of live oak trees on the property, which would otherwise have to be moved, and I would really prefer not to do that. In addition, there are other benefits to positioning the building this way along the property line, not the least of which is it will be much less obtrusive to the community because you will barely be able to see it from the road. I live on a dead-end cul-de-sac anyway, but still it will be more out of view. And in addition, my property doesn't border the 528, but the adjacent property does. And so, as you can imagine, every month, every year that goes by, it gets louder and louder. Positioning the building in this way would give me an additional buffer. So those are the three primary reasons for the request. And basically, the current law states 15 feet. I'm requesting a 10-foot variance in order to position the building properly. Even though it's not required in this instance, I have a signed affidavit from the adjacent neighbor stating that he's aware of my request and has no objections to it. And since a picture is much more eloquent than my words, I have some if anyone would like to see them. Yes, ma'am. Yeah, I just, I have a photograph taken at ground level that might paint a better picture than looking from above from a satellite. Can you put it on a projector? Can it go on a projector so we can see up on the screen? Oh, I don't know. I just brought an ordinary photograph. Oh, it's just a photograph. Yeah. You can put it on the projector there if you'd like to. That's the front end of the copse of live oak trees. There's about 10 or 11 trees in that particular cluster that just, you can see the three in the front right there. There's quite a few behind it. But they're all live oaks. The building would go to the right in this particular photograph where you see the clear area. Okay. Well, I see you in District 1, and that's my district. Oh, okay. So I'm going to just start off the question real quick and just say, when you keep referring to the building, because I want to be real clear, when you keep referring to the building, you're referring to a garage, correct? Yes, ma'am. A steel garage building. A steel garage building. Is it going to have lights or anything in it? Yeah, I'll probably just run enough electricity to put lights in it, and that's it. But no one will be living in it, correct? No, ma'am. Never. Okay. And you did say the neighbor to your left is okay with this? As you face my home, the neighbor to the right, because that's the property line that's affected. I have a signed statement from that neighbor, if you like. Okay. We have that. Okay. Oh, you have one already. Okay. Okay. And do you have a neighbor to your left? I do. Okay. And how do they feel about that? No complaints whatsoever. I met with them just yesterday. Okay. Thank you. That's all my question. And Dr. Bass? No, I have none. Okay. No. None. None. Okay. Well, we'd like to make a motion to make a motion for that. No, really. I will. Okay. Dr. Bass. Okay. Wait a minute. Where'd it go? Also, we're going to need to have that picture because it's been entered into an exhibit. Very well. He's going to make the motion. I'd like to make a motion to approve the variance as depicted in this survey with a date of 225-25. Mr. Hoffman made the motion to pass the variance. Do we have a second? I'll second it. Dr. Bass, second it. I'll read our six points. Variance of the hardship. That special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege. That is denied by the provisions of this chapter to other lands, buildings, or structures. The variance granted will be the minimum necessary to properly orient the proposed building in such a way as to prevent the needless killing. Oh, wait. Hold on. That skipped. Sorry. That literal enforcement of provisions of this chapter will deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification. Under the provisions of the chapter, it will constitute unnecessary and undue hardship for the applicant. Five. That the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And six. That the granting of the variance would be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved. So, we had a motion to pass this variance by Dr. – I mean, Mr. Hoffman. No, hang on. I'm going to recuse myself from that because I'm retired federal law enforcement and I don't want to – somebody else will have to. Okay. Ms. Clements, can you pick up? I make a second or a motion? Motion. Make a motion to approve the variance as requested depicted on the survey with the date of 2-25-2025. Okay. We have a motion to approve. Did you ask for anybody else in the audience wants to speak for it? I did. Oh, I'm sorry. I forgot. Is there anybody else in the audience that want to speak against or for this? Seeing none, come back. Thank you. I didn't do that. So, we have a motion to approve. I'll second that. Okay. Your variance have been approved. Thank you. Thank you. Do we have our next variance, please? Thank you, sir. Yes, item H-4, Thomas Dahl, request variance, Chapter 62, Article 6, Bavar County Code for an accessory structure and an RR zoning classification. Variance is at applications 25V00047 located at tax count number 2101970 in District 1. We'd like to ask the board to table this item as it was improperly advertised. It should be advertised for a proposed AU zoning classification. So, we're going to need to table this application for advertising to the November 19th meeting. Okay. So, do I need to make a motion for that? I make a motion to table H-4 to our November 19th meeting. Can I have a second? I'll second. Everybody approve? I approve. Yes. H-4 has been tabled to November 19th. Thank you. Item H-5, Jennifer P. Howard, request variance to Chapter 62, Article 6, Bavar County Code for a doc in an RU-1-11 zoning classification. Application is 25V00050 located at tax count number 2419597 in District 2. Hi. I'm Jennifer Howard. Can you speak into the mic? Make sure. I'm Jennifer Howard. Do I need to swear in? Yes. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. Thank you. Present your case. So, I moved into my house in Merritt Island, and it had a doc that, when I had it appraised, it came up with a lot of replace and repair. So, in the process of doing that with the original doc, my space exceeded another six inches from the original doc. So, I'm trying to get a variance for that setback. I've talked to both of my neighbors on either side of my house, and this variant, or this setback, does not have, they don't have any problems with that, and they have sent in letters to that effect. Okay. Thank you. I see this is in District 2. Ms. Clemmings? Hi. How are you? Hi. I'm just noticing that you really just needed to do some repairs, or did you actually replace the seawall? A lot of it had to be replaced. Okay. So, you did not replace the seawall, or you did? I did replace the seawall. And then the remainder items are really just maintenance repairs on the doc itself and cover. Okay. I don't have any other questions. Thank you. It's pretty straightforward. Dr. Bass? I have no questions. Thank you. Mr. Hoffman? Yes, I do, actually. Hi, Jennifer. Hi. Has the deck gotten any larger? It was larger by six inches. By six inches. Is that which way? Out towards the water or sideways? Toward my neighbor's house. And you said you have letters from the neighbors? I don't know. I do. They're not very clear, but... Oh, hang on a second. I'm sorry. She wrote it. These are on both sides of you? Yes, sir. Jane Hoke and John Sheehan and his wife, Johan. Okay. And I have no questions. I see the letter. You finish? I'm sorry. Thank you. Just one other question. Okay. You were asked if you were making repairs or replacing the whole thing. You're replacing the whole thing, right? Pretty much. It was pretty dilapidated. I don't know if it would have withheld a storm. I don't think my neighbors wanted a dock in their yard. Oh, okay. Okay. Thank you, Jennifer. Thank you. Okay. Just step to the side for a moment. I'm asking the audience, is there anyone here that want to speak concerning this case and approval or rebuttal? Seeing none, you can come back. Ms. Clemmings? I make a motion to approve the variance as requested, as depicted on the survey provided by the applicant, signed with the date of May 14, 2025. I'll second. We have a motion by Ms. Clemmings to approve. We have a second by Mr. Hoffman. All in favor? It's Mr. Holmberg, right? Yeah. I'm sorry, Mr. Holmberg. That's all right. Don't worry about it. I'm sorry. I'm sorry. I'm sorry. Let me call you Mr. Hoffman. Mr. Holmberg. You just miss him more than me, right? No, I'm sorry. All in favor? Aye. Aye. Aye. I'm going to read the six variants. That special conditions and circumstances exist which are not applicable to other land structures or builders in the applicable zoning classification. That special conditions and circumstances do not result from the actions of the applicant. That granting the variance request that would not confer on an applicant any special privileges. That literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classifications under the provisions of this chapter. And will constitute unnecessary and undue hardship on the applicant. And that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And last, that the granting of the variance would be in harmony with the general intent and purpose of this chapter. And that such variance would not be interest to the area involved or otherwise detrimental to the public welfare. We have a motion to pass. A second to approve. All in the grants. This variance has passed. Thank you so much. Thank you. We have our next variance, please. Item H-6, Francisco B. Batista Sr. and Josephine Batista request two variances. Chapter 62, Article 6, Brevard County Code for an accessory structure in an RU-1-9 zoning classification. Application is 25V00052. Located tax count number 2413310 in District 2. Can you state your name for the record, please? Francisco B. Batista. Okay. Can I swear you went? Do you swear to tell the truth, the whole truth, or nothing but the truth? I do. Thank you. Present your case. I am applying for a variance because I'm building a metal building in the side of my house, trying to... And because the size of my lot is an odd shape, and I'm trying to get like a 2.5 variance in one corner, trying to... Because my setback's supposed to be seven and a half foot, and because of the shape of my property, so I need to ask for a variance for that extra 2 foot. And also, the size of the square footage of the building is like 39 square feet bigger than my home. And because of that, it's because of the size of my property also. And that's the two variance I'm trying to build, and I'm building this building because I'm trying to get my boat inside. It's like a boat garage, so this way, because my boat's underneath a tree, all the trees, and I'm trying to get it parked inside and keep it inside instead of the outside of the house. Okay. Thank you. I see this is in District 2, Ms. Clemmons. Hello. So, you said 39 square feet greater than the size of your home. Yes. But you think you mean 39 square feet greater than the size allotted? So, is the square footage going to be 881? The square footage of the metal building is 920. Okay. My home is... Half of that's 881. I guess that's 1,900 square feet, I think it was. Gotcha. Okay. Okay. I was just making sure. And you have access on the west side to access this building? Yes. You have a driveway going from the front all the way to the back? Yes, I do. And when I'm looking at the opposition notes, which neighbor is that? Is that the one directly to the east? To the east, correct. And then, additionally, the neighbor next to them, is that 755 and 740? 740's in front of them. Across the street? Yes. So, 740 is across the street from you, 755 is directly east of you? Correct. Okay. And then, the person that is in agreement that supports is the first home in the cul-de-sac? Yes, the first home in the cul-de-sac. Directly on the river? Yeah, everyone all the way around, except for one, I think. Okay, and your primary use for this building is to put your boat in outside of any kind of environmental trees and et cetera? Okay. I don't think I have any other questions. Okay, Dr. Bass? No, I have none. Thank you. Mr. Humberg? No, I'll pass on this one. Okay. I have no other questions as well. If you could just step to the side, I'm going to check with the audience. Is there anyone here to speak on behalf? Oh, I see someone coming up. Okay, you could just have a seat. Let's see. Well, good afternoon. Can you state your name for the record, please? Yes, my name is Don White. You swear to tell the truth, the whole truth, or nothing but the truth? I do. Thank you. Are you for or against? I'm against. You're against. Okay, tell us why. The reason why is I am on the east side of him, but also my property is on the entire south side of him. So I've got a flag-type lot that goes to the Indian River. Part of the problem is that he's already got enough real estate and concrete on his property that a lot of the water flows into basically my side yard. I've got a couple of pictures I'd like to show you. You want to show them here? Yes. And tell us what we're looking at, please. Okay. You're looking at my yard facing west, okay? And this is a flag lot. That part of the looking west, if I would go through those trees, you would be seeing the Indian River. And I have a walkway out to the Indian River that goes on my property. So, and then the other right circle is proposal accessory building that my neighbor would like to build. And if you notice that after rain, my backyard has a severe flooding problem because to the left of that is a berm to protect it from wetlands so that fertilizers or chemicals don't go into the Indian River. But because of the additional flooding problems I'm already having, that excess water is already going into the Indian River. This would make the problem even worse. Okay? So my question is, what does it have to do with his garage? It would add another 920 square feet of concrete, thus taking that water from his roof and putting it into my yard and flooding the whole area and causing me more mosquitoes and more flooding in my yard a longer period of time. Okay. Do you have any other pitches? Do you have any other pitches? As also I'm concerned is, he's asking for a height of 18 feet, 10 inches on his building permit, which is more than a second story structure. So it's also a steel building and that's much larger than any accessory building in our area, in our neighborhood. You know, people have a 10 by 12 shed, but this is going to be 920 square feet, maximum of 18 feet, 10 inches, according to this permit. The other concern is, as I say, it's such a huge, large structure. It's over 15,000 cubic feet of area. May I show you another thing? Yes. If you look at the amount of square feet that he's got. Did you put the picture up? Oh, okay. He's got, with this accessory building, he'll have a total of almost 4,900 square feet, plus an additional 400 square feet of brick pavers he has on his backyard. His lot size is only 0.21 of an acre, which is a little over 9,000 square feet. So with this accessory building, he'll have almost 60% of his property will be either concrete or pavers. And thus, all that rain that's coming will be flowing into my property, okay? We already have a severe problem on our street, including this point of his house and a couple of my neighbors, where, for example, the rain that we had last week, it got very close to the garage doors already. And so this would just make the problem a lot worse. Also, I have a, I'm in the process of adding a second story to my residence, and I did that because I wanted to see if I could have a nice view from the second story to the river. This would severely block that view total. Oh, so this is going to block your view. Yes. On top of it. So that's what we're talking about. On top of the rainwater, it would also hinder my view and also depress, I think, the value of the neighborhood with this commercial-grade building. Any questions? Okay. Can you go back to the first picture? Sure. What is that structure in the center? That's his existing shed. It's his existing shed? Yeah, which in the building permit says he's going to take it down. Is that the approximate location where the building will reside? No. No, it's, right now, he's actually got the forms for the concrete set in place. It will, that is, his structure is on, within his, right on his property line, I believe. And so, that's a small shed. It's about a 10 by 10 shed or something like that. It's been there for, since I've been here, and I've been here for 16, 17 years now. So we're actually looking at the south property line? Yes, of his property. Well, yours as well. Basically, my backyard. Yeah. Because it's a flag lot going out to the river. I don't see, do you have a pool and a screen enclosure? I do have a pool. Okay. I did not show that on there. Also, there was a third letter, which I emailed yesterday morning, of another neighbor that was opposed to it on Linwood Court. And that was not in record. I have a copy of that, if you would like. I don't see that one. I've mailed all, I mailed three separate emails with three, three people opposing, including myself, on this variance. Did we receive those emails? You've got the two. We have the two. And this support, we're missing one opposed. So it's just one that's missing. Okay. We only have two. We only have two opposed. Okay. So that's the one that you did this morning. I have the one right here. I apologize. It should be three letters. Sorry. Jennifer Harrison. I apologize. I see. I thought it was the last page. Where's 2545? I'm assuming that's not the next door. That's the. That's basically. The center of the cul-de-sac. If you look at this, you've got a house in the back of it. She's the next door neighbor to that house. You guys essentially copy and pasted the same complaint. So it makes it hard to see how each person is going to be affected differently. I say I would try to reach out to either one of you, but there's only a common email address. There was no phone numbers to ask questions of or anything like that. So forgive me. I didn't know what else to do. Any other questions? Yes. So I have some questions, but I'll address these to the chair. Can we have this gentleman sit down and bring the other gentleman back? Yes. If you might have a seat, we're going to bring him back up. Do you want to submit this? Yes. Thank you. I want to ask if there's anyone else in the audience. Oh. Can I ask if there's anyone else in the audience that'd like to say anything pertaining to this case? Four or nay? See and none. Thank you. Okay. Come on back up. And now you've got a question. How big is your current schedule? It's 10 by 10. This gentleman said, is that correct? Yeah. It's a wooden shed that the previous owner built. How big is the new one exactly? It'll be, the total length will be 40 foot by 18 and have a close lean to right beside it for storage. So a considerable bit bigger. Yes. Yes. Have you made any plans for stormwater drainage or anything? I already got approved for vacating the easement there and they approved it and with that property and they came through and they said there was going to be no issues. And that water where he showed, it always gets flooded there because of his berm that he keeps adding dirt so the water doesn't drain back there. So it'll always be there. It doesn't matter if I build a building there. Well, I agree with you there. But if you're adding a larger building, then you're going to have more drainage. Correct. That's what I had when I applied for the vacating easements. And they went through that. And that's why I had a hearing about that and they approved it because of that drainage. So you're actually putting a building in that's considerably bigger than the shed you have. So actually you're not replacing a shed with a shed. No. So what is the rest of the building? You're taking your shed down and you're putting a building in. Yep, I'm putting a building. Okay. Yes, correct. Some of it is a garage or? It'll be like a garage or storage because I'm clearing out my actual garage. I could get my car in because I have a lot of tools and stuff like that. It'll be in the side where the 40 foot by 18 will be where the boat goes in. And the rest will be like storage right beside it. So it'll be like a huge garage? Correct. Correct. How about power and it's going to have power? Yes, I'll have power in there because it's going to be a dark building inside. So I'll – and I got folders here for what he mentioned about views. I'll be blocking his view. And I have – I've spoken with all my neighbors, except for the three that he's friends with, that signed. And everybody agreed that I talked to him. And they said he had no issues with me building that building. And it's not going to hinder or affect the value of the homes. It'll affect my value of my home because a lot of the homes on that river is worth a million dollars. Mine's 300. And it's not going to diminish – and like I said, he built a two-story building facing my neighbor – facing my house. You won't get this back. We're going to need a copy of that for our neighbors. Yep. And pretty much the view that I'll be blocking is trees. And he built a two-story building to – I'm on the second floor right above my – into my backyard. He has a window facing my backyard. And that's what he wants to look at. So I'm just going to ask a question, if you don't mind. Yes. Because I have to be very clear with this. So initially you told us you was – you were building a boat garage. Correct. Correct. So how big is your boat? 27 foot. Okay. Plus trailer. I'm doing it because I'm building – I'm asking for a 40 foot because – Why? I want to upgrade my boat to a 30 foot. Oh, you want to upgrade your boat. Correct. Okay. To a what? A 30 foot. 30 foot. And it needs a 10 foot clearance with engines. Okay. So you're upgrading your boat. That's what you're doing. Okay. And I have another question for you. He was saying like in the backyard where you guys live is a lot of flooding. So is your backyard flooding as well? No. Oh, you don't get flooding in your backyard? Well, the water runoff won't drain because he has a berm back there keeping the water from going into whatever the – I forgot what you call that. Because he has a dock back there. I guess he doesn't want the water to come back in. So he has a berm back there that holds the water where he showed you the picture of – and the flooding, like he said, I was watching the water. It wasn't even getting close to my driveway or my neighbor's driveways. He said that will cause flooding. Yeah. And just, you know, just talking. So, yeah, you said these million-dollar homes and your home is just $300,000, which is neither here or there. But my question to you is that – so when he looks out his backyard, he just stated that then he will be looking at your accessory. No. No. When he goes up to his second floor that he just built and he puts a window right facing my backyard – He's going to look at your accessory. Correct. And he's trying to look through my property, trying to look through trees. Well, he wants to see the view of the river, correct? Correct. Okay. Yeah. But he wants to see the view of the river. Okay. I just want to be clear. There's a picture there that you can't see the river. There's trees blocking his view. I see it. I see it. Yeah, then there's another picture on the left side also. Okay. I have no more questions. Dr. Bass? The boat storage building, which you want to put in, is that going to be two stories or one? One story because I'm doing – I'm putting a 14-foot garage door because the boat goes in and they need to have a pitch. The top of the building will be 18-foot. It's a one-story building. But it's 18 feet. Okay. Correct. It's not as tall as the second story that he just built. He just added on. And he built a two-story, and it's a lot taller than – it'll be a lot taller than my boat garage. Well, I'll question you. Do you have any compromise on the size of the boat building? Question. I do. I could – like I said, if I'm asking for the size because I wanted to upgrade my building, I'm going to upgrade my boat. But if I end up building a smaller building, I won't be able to put my new boat in there. So the request you have is 39 square feet. You're off. Correct. There's two – and you can correct me. There's two versions of his variants. One's the setback and then the size, right? Right. He's right now proposed to be at 5'2". It requires 7 1⁄2 feet off the rear property line. And the other one is he needs – he wants 39 square feet over what he's allotted for his accessory building. Can we split that? Can we say yes to one and not the other? It's up to y'all if y'all want to deny one and have the other one approved. On that setback, I'm only – because it's how my property is set. Yeah. It's only like the corner of the building that will be close to that property line. That's my whole point. I don't have a problem with this setback because I do see you have an odd-shaped property and it makes it a little bit more difficult to have the full use of it. But the 39 square feet seems a little – Yeah, because I was talking to the manufacturer of the building. He said it's – the building's like a 5-foot increments. So on that lean-to side where it's going to be enclosed where I'm going to have storage, that's why it's – that size will be 10 by 20. I guess if I cut it down, it'll be 5 foot. Yeah, so it could be 10 by 15. No, it'll be 10 by 20 – I mean 5 by 20. Because they'll still be 10 by 10 foot. So both sides have to. Yeah. Okay. I've been sitting here for a couple of minutes. I don't want to hold you up or anybody else, but it seems to me that we've heard a lot of numbers come out here. And this particular variance is asking for a certain amount for a certain number. But we seem to be talking about multiple numbers here and divisions. And it – to me, it seems that the variance needs to be redone with correct amounts and totals of what we're talking here. I don't know if anybody else agrees to that or it's just me. But it just seems to me that the numbers are not correct. We keep talking about different numbers here. So I'm at a loss to exactly what we're doing. All I have is a variance in front of me for a total. But, yeah, you're talking different numbers. The other gentleman was and just about everybody here. So for me, I'm – This is the variance that's requested per what's on the survey as it is proposed. He's proposing it to be 39 square feet over the 881 square foot that's allotted. So he's going to 920 square feet for his building. It's proposed at 5.2 feet off the rear property line. So he's asking for a variance of 2.3 feet from it. So those are the two variances that he's dealing with. I understand that, but that's not what we're saying here. That's what the problem is. We're talking different numbers at different times, and it's not what – That's what he'd be held to for what is on his survey and what is advertised. That's what I'm going by, the allowing me for that variance. I don't understand what you guys are confused about. So that's why I asked if he could have some compromise on the size because – But if we're compromising on the variances, it's written, then we can't approve it. You can. That's what he just said. We can split it. We can not approve the request for – We can approve one of the variances and deny one of the variances. Yeah, and that wouldn't make any sense. Or you can approve both of them or deny both of them. Why is that? What could he do with it? Nothing. Okay. Well, I'm done. Thank you. Thank you so much. From me. Okay. So any more discussion among us? Ms. Clemons? I don't think so. Okay. Would you like to make a motion? Yeah. I make a motion to split the request. Okay. So I make a motion to deny the request for the additional 39 square feet. So that would be variance number two to deny. Correct. And then I make a motion to approve the request for the setback requirement. So if he can minimize the size of the building, I make a motion to approve the setback request. Okay. Do we have a second? Is that the best? No. I'm not seconding it. Okay. I'm just asking. No. No second. Is the home vote? No. Okay. I second it. So now we're at a deadlock. Right. Attorney? So y'all want to have a vote? You haven't actually voted, but – So let's make a vote to approve this variance. Dr. Bass, no. There's two variances. Variance one, Dr. Bass, no. Correct. Okay. So let's do this. Variance one and variance two. Yeah. No and no. Okay. No to this. Pass. Okay. I approve variance one. I disapprove variance two. No on both. Okay. I approve one and I no on two. Okay. The variance doesn't pass. I'm sorry. Can we have a clarification on the vote? Sure. Wait. We need a clarification. So variance two is for the setback. Variance two is for the size. Correct. So did we do two separate motions or was it a motion to approve one and deny two? I did that. That was the moment. It was to approve one and deny the other. And I said I wanted to disapprove both. He wanted to disapprove both. And I went for approve one and deny the other as well as Ms. Clemmings. We have one. So it was deadlocked. One is disapproved. Two is deadlocked. Two is. They have two. Two and two. So basically you had two votes in favor of the motion and two votes against the motion. Correct. So that would be a denial. Correct. So that is basically a denial. Is it a denial or a non-action? No. No, it doesn't pass because you don't have a majority. Right. We have a quorum, but we don't have all members and we don't have a majority. No majority is a denial. Yeah. Essentially. Effectively. Okay. So just from my understanding, so the applicant then would just have to come back and file another one if he wants to read that now? He couldn't file for the same variance. Okay. He could file for separate variances, maybe get the square footage down and file for a separate variance for the setback. So do you hear that, what you can do? Because I don't want you to go out here just thinking, you know, there's nothing you can do. I want you to understand what you can do. If I don't apply for the variances, can I apply for the permit if I don't, if I'm back to my setback and extra square footage? You'd have to meet the seven and a half foot setback to the rear and you'd have to meet the square footage. So if I do that, I don't need to. That's what you'd have to do if you didn't want to go through a variance again. Okay. Perfect. Thank you. Okay. Okay. Thank you. Our next variance, please. Yes. Item H7, Lori Todd requests two variances, a Chapter 62, Article 6, Brevard County Code for an existing and proposed accessory structure in an RR-1 zoning classification. Application is 25V-00053, located at tax count number 2000476 in District 1. Okay. I see you down here. Can you state your name for the record, please? Lori Todd. Speak into the mic. Lori Todd, 3900 Hammock Road, Mims, Florida. Okay. And you, sir? Charles Roberts, 1800 Barton Boulevard, Rockledge. Okay. And do you both swear to tell the truth, the whole truth, nothing but the truth? I do. Thank you. You may present the case. Okay. Well, I'm losing my voice, so I have filed an authorization for Mr. Roberts to speak on my behalf. And I filed it with the county. If they have it. If not, I have a copy. Okay. You have the copy, Mr. Brody? Right, yeah. Okay. We do have the applicant here, so she can authorize the copy. We have the signed copy, if you prefer. Okay. Okay. Okay, well, then you can have a seat, and you can go ahead and speak on her behalf. You're welcome. How can we help you today? Madam Chairman, members of the board, members of the professional staff, Charles Roberts, Ms. Todd is requesting two variances for setback and for the location of an existing metal building approximately 12 by 20, 10 feet tall, and a proposed metal building, which would be 30 by 40. The hardship is that in order to locate it in what would be titularly called the backyard, it's difficult in terms of access on this flag lot, and also a number of mature oak trees would have to be removed, and that back portion of the property floods almost every time there's a rain. I do have photographs that show the flooding and the trees if you would like to see them. Yes. So that's what the flooding looks like, and you can see some of the trees. Make sure you talk into the mic so that we can pick it up. That depicts the flooding, and you can see some of the trees. And if I may show the next picture, Madam Chairman? Yes. Keep going. Keep going. There. All of those mature oak trees would have to come out. Also, another problem with the location in the so-called back here is, as you see, that kind of a hilly area, that is the drainage and septic for the property. The benefit would be not only to avoid the flooding, improve the access, and avoid taking out the trees, but the location in the, again, so-called front of the building is, there is a fence line there. The neighbor already has a metal building there, an accessory metal building, rather large, and they tend to maintain a lot of older cars and equipment there. It would improve the view significantly. We are on very good relationships. Ms. Todd is on very good relationships with all our neighbors. They socialize often, and they have expressed that they have no problem with it. I think that's all I need to share with you, unless you have questions. Madam Chairman, members of the board. Okay. I see this lies in District 1 and that's my district. Dr. Bass. I'm sorry? Oh, I said Mims, Florida. Oh, yes. Dr. Bass, you start off with the questioning, please? No, that's not me. I know it's my district, so. I don't have any questions at this moment. Go. Okay. Let's have some more conversation, but I understand. Mr. Humbert, do you have any questions? Do you have any letters or anything from the neighbors, do you? We don't. I would simply note, for the record, I don't recognize anybody here as being the neighbors that would be in opposition. We do know all the neighbors well. Well, that's a good thing. Do I make any questions? No questions. Seems pretty straightforward. Yeah. Okay. So, I just want to reiterate what you said, just so I can get a good understanding. So, you really pretty much, it's a metal building, 12 by 20. You're proposing 30 by 40 in your backyard. You don't want to remove the oak trees and due to the flooding, correct? Correct. You said your neighbors are all in compliance. You have no problems with that. So, I'm going to ask now, if you just step to the side. Is there anyone here that would like to speak for or nay for this variance, please? Seeing none, come back. Okay. Would you like to make a motion, Dr. Bass, please? I'll make a motion to approve the variance, as depicted in the survey, provided by the applicant dated 6-10-20-25. Is the right one? I'll second. So, we have a motion on the table. Dr. Bass, approved with the date of 6-10-20-25. And Mr. Humberg, second it. All in approval. Madam Chairman? Yes. If I may, I need to point out that it's two variances that are being requested. Correct. The first one equates to 33% deviation, correct? Yes. What's the second one? Wait, hold on. The first equates to there's no variance. It legitimizes the first one. The variances would be one, it would be a 10-foot setback instead of a 15-foot, and the other would be the location in the front as opposed to the so-called back, though. So, let's do it like this. For the variance, we're going to add an S to that. We're making approval. Go ahead, Dr. Bass. Can you do that, please? Yes. I make a motion to approve the variances, the two variances that are depicted by the applicant in the survey dated 6-10-25. Thank you. And we second by? I'll second. Okay. All in favor? Aye. Okay. The six criteria, ma'am. What's that? Six criteria. Yes. Before I do the criteria, I was just, I already asked if anybody wanted to say anything, and it was none. So, the criteria is all as follows. 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 would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties and identical zoning classifications under the provisions of this chapter. It will constitute unnecessary to undue hardship of the applicant. And that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And last, that the granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved, otherwise detrimental to the public welfare. We had a motion to pass. A second. We're all in agreeance. This variance has passed. Thank you. Thank you so much, Madam Chairman, members of the board. And if I may say, we very much appreciate the professional staff. They're a great credit to the county. You're welcome. Thank you. Do you need these papers? You're welcome. No. You don't. Yeah, we need to have that. Oh, you need it. Let me have our next variance, please. Yes, item H8, Andrew P. Lee and Devon Kernan, request variance to Chapter 62, Article VI, Brevara County Code for a DOC in an RU-1-13 zoning classification. Application is 25V-00054, located at tax count number 2408945 in District 1. Good afternoon, board. Hi, good afternoon. Can I have your first and last name, please, for the record? Andrew Lee. And just put the mic a little bit so I can hear you. Say that again. Andrew Lee. Okay. Do you swear to tell the truth, the whole truth and nothing but the truth? I do. Good. And how can we help you, Andrew? We're applying for a variance of 8 foot 6 inches for a boat dock. We're out on Lake Point Set on 835 Mallard Road. So, we've spoke with a lot of our neighbors. It's very tight-knit out there, if you know the place. So, no one's in disagreeance with what we're trying to do, thankfully. So, we're applying for the variance. My seawall was replaced back in 2012, I believe. It was before I owned the house. And so, they went out several feet out in front of the existing seawall. And supposedly, there was water moccasins there. I don't know. They didn't want to tear the old seawall out. So, that was approved. So, because of the adjustment on the setback, you know, going out in front of the existing seawall several feet, it's caused us to have to, you know, build a smaller dock, I suppose. So, we had an existing boat dock there when we purchased the place. We bought it in 21. And so, the dock was 50 years old. It was coming apart. So, we, rather than have it blow into the back of the house or blow into one of the neighbor's houses during a hurricane, we just, we cut the top of it off. And so, at any rate, my contractor, you know, I don't know if sometimes you can apply for these things like a repair on a dock. But that, they never brought that up to me. So, we just applied to a permit to build a new one. So, like I said, I've spoke with all the neighbors. Actually, some wanted to come speak today. I told them they couldn't. I was the only one that could talk. So, but that's where we're at. That's where we're at. Okay. Okay. And I do have some pictures if, you know, you like. Okay. Well, that's District 1 and that's my district. You can show your pictures now, please. Okay. Do I put them on the overhead? Yes, please. Okay. So, this is, that's the backyard there. So, our neighbor to the south of us has a dock. It extends out to about where we're trying to go to. I don't think he applied for a permit for that one. But, at any rate, that's, he's, he's the last one on the end of the canal. Yeah, we're not here for him. We're here for you. Yeah, I know. So, let's keep it there. I know. Okay. I told him I didn't want to throw him under the bus because he was the one that wanted to come. You just did. He wanted to come. He wanted to come speak for on my behalf. Oh, sorry. That was awesome. Okay. Do you have any other pictures? Yeah, I took a few. I actually took these this morning when the sun was coming up. So, this one is to the south. I don't know where that no-weight buoy came from. It just kind of landed there. It's been there for several years now. And that's all the pictures? Yeah, that's all. That's all. Okay. I took some more, but there's not much need for it. Okay. Okay, I'll open it up for discussion. Ms. Clemons? So, I see the, I guess this is the plan. It's not going to impede any kind of ingress or egress to the canal? Yeah, it will not. The other good thing about our canal is there's no neighbors on the other side. So, it's just houses on one side of the street. So, you're saying you can swing wide? Yeah. I don't have any additional questions. Okay. Mr. Humber? Yes, I do, actually. It says here that the previous owners had the seawall replaced, and they made it bigger because of snakes. Yeah. So, it sticks out further than it should, right? Yeah. Which is actually helping you because you have a bigger boat. Is your boat there now? No. No. So, you have a new boat? It's in the garage. It's in the garage? Yes, sir. So, you don't have your boat in the water now because the actual dock is too small? The existing dock that we tore down was too small because actually what they did was that dock got smaller whenever they went out with the seawall. So, it went from probably a 10-foot slip to a 6-foot, you know? So, you never had the boat in the water. Is that correct? Not my current boat, no. No. Any of it? So, it is a new boat? The one you have? It's a 2022. It's pretty new. Yeah. Okay. All right. But that's in the garage, right? Yes, ma'am. Okay. We have an airboat, too. Oh, okay. Yeah. It's my wife wants to actually put the airboat on the boat dock. Dr. Bez? Well, these are common. This is a common request that we see oftentimes as Brevard County gets older and seawalls and docks begin to fall apart. Right. I don't see any problem. It's not going to impede the river traffic, fortunately, because you don't have anybody on the other side of the river or the waterway from you. And it looks like your neighbors have got some fairly large docks to begin with. Yes, ma'am. So, it doesn't look like that you're going to be exceeding anything that is already there. Mm-hmm. So, I don't have any questions. Based on that, it looks like it's pretty straightforward. Yes, ma'am. Thank you. Okay. Mr. Humberg, would you like to make a motion? Uh, sure. I'd like to make a motion to approve this variance as depicted on the site plan provided by the applicant with a date of 7-14-2025. Do I have a second? I'll second. Okay. Mr. Humberg approved this motion. Dr. Bass second. Now, I'm just going to ask to see if there's anyone in the audience that's in favor or nay or yay for this variance. Can you come now, please? Seeing none, come back. I'm going to read the six variance. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classifications. That special conditions and circumstances do not result from the actions of the applicant. Three, that granting the variance request that would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. Four, 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. Five, that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And six, that the grain of the variance will be in harmony with the general intent and purpose of this chapter, and that such use of variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We had a motion to approve by Mr. Humberg, a second by Dr. Bass. All in favor, say aye. Aye. Aye. Your variance have passed. Thank you. Thank you. Y'all have a good afternoon. Can we have our next variance, please? Yes, item H9, Paul and Cheryl Pearson, request four variances, chapter 62, article 6, Bavara County Code for the breezeway requirement, a principal structure, and a second principal structure, and a proposed RU-2-6 zoning classification. Parcel is currently zoned RU-1-9 zoning classification. And the application is 25B-00055, located at tax count number 2611-660 in District 4. Okay. Good afternoon. Good afternoon. Can you come up one at a time and can you state your name? My name is, as you can hear, I can hardly talk. My name is Paul Pearson and my wife Cheryl's here, and I turn it over to Steve Toddy, the contractor that's doing the job. Okay. Just state your name for me for right now. Steve Toddy. Okay. And wait, sir, I just want to swear you both in. Come on back. Do you both swear to tell the truth, the whole truth, or nothing but the truth? Yes, ma'am. Okay. You can have a seat, and now you turn it over to your contractor. Thank you. How can I help you? Okay. So the Pearsons purchased the property we're talking about today back in April. It's approximately an acre. It's on U.S. 1, kind of near Post Road. It's in an area, kind of a blended area of residential and commercial, kind of a mild marker. There's marker 99 is in that journal. There's a restaurant right there. There's a restaurant. And to the north is another piece of property that we're currently building a big house for them, for the Pearsons, which was commercial. We got a residential approval to build a house. And then it's this property. And then next to them are the friendly neighbors who like the idea that the Pearsons are taking it over from the previous guy, who was a real problem. So what we have is their lot is kind of unique, and then it's about 35 feet on the river and goes up to 150 feet on U.S. 1. So it's this giant pie-shaped thing. So that ties into there's some variants we're asking for about the previous house that the guy, this guy Jason, that owned it before. I think he applied for a couple of variances in the past, but they bought what's existing. So we're not asking to change anything on the size of the houses, do anything. We're just trying to work with what's there. And so it's a house. And the house is close to the river. There is a four-car garage that is in the front of the property. And that's what we're looking for, for a zoning change to convert to put legitimate apartments in there. The previous owner put two illegal apartments on the above it. So our, you know, their thought is, is get the proper approvals, go in, get a permit, and do it correctly. So that's what we're interested in doing. So unfortunately, the house has got some, like, one-foot setback issues in a couple places. And also there's a breezeway requirement that the county has. Don't completely understand how that breezeway calculations work. We did provide the surveys for them and working with staff. And they said they thought it was okay, but I don't really know that for sure. So that's what we're looking for is the ability to accept the breezeway conditions that we have and then utilize the two, the structures that are in place. Okay, I see this is in District 4. For Dr. Bass, you can start off. Well, to begin with, there is a house, a residence to the south and to the north of this property. Correct. Not the restaurant. Correct, correct. The Pearson's on there. They are RU 1-9 single-family residence zoned, including this property. Correct. Now, this variance in everything that you have written is quite unclear in my mind. Now, you also are referring here to a potential future zoning of RU 2-6, which is a six-unit multifamily residential use? Correct. And how does that affect? This is what staff recommended that we do is to provide. So you want to take a residential zoned property and you want to change it to a R-2-6 multifamily residential use? Correct. So you're going to be moving in people? It's correct. It would be apartments. So you are going to change it to a rental area? Correct. There's other places that are doing the same thing around there. Well, we're not talking about those. We're talking about this. Yes. And this is also, Mr. Pearson spoke with the neighbors. There is only one neighbor, and that's the one to the north. Correct, yes. Because he's the neighbor on the south. Correct. Yes, that's correct. Would you? There's two neighbors to the north, two neighbors. Not side by side. There's one. Yes, side by side. Okay. In the back. All right. So there are two. And they're. And I've spoken with both of them. They are zoned 1-9 single-family residence. Those are yes, ma'am. This is presented to you. Well, when you answer the questions, when you go through the questions, let me just do this. In number one, the special conditions exist. You're talking, to begin with, that the House has three setbacks with area encroachments, and you're requesting a variance for the other two. It's very unclear to me exactly what you're asking for. Let me go on. And number two, the response says that special conditions and circumstances do not result in the actions of the applicant. And you say that any nonconforming conditions happen due to the action of the previous owner. Is that for all the property? Yes, ma'am. Including the breezeway? Yes, ma'am. Yes. And that breezeway was approved by the county when they built it. There is a permit. Is that what's for it? But you're asking for a variance for the breezeway. But that's what they, they recommended, not us, ma'am. The reason they're asking for the breezeway is because it's a part of the requirement for riverfront property when you have a multifamily zoning classification. They want to change their zoning classification from single-family RU19 to a multifamily zoning classification so that they can have. A multifamily by six? Six units per acre. They aren't going to do six units. I don't think they have the acres to do that. We don't know. It doesn't say. They don't have an acre of land. But so whenever they're trying to get the zoning classification, there's issues with the setbacks or the multifamily zoning classification. One of them is the breezeway calculation. The other is because they don't meet the 10-foot setback off the property lines for the north where the house for the principal structure is, for the south for the principal structure, and for the two-story apartment that's proposed, that's going to be there. That's now a garage. So they need to meet all the setback requirements for the proposed RU2-6 zoning. So that's the reason they're here for these variances is for the proposed zoning classification. And question number four. If you could get up and speak into the microphone if you're going to be speaking. This is my first time ever doing it. That's okay. The previous owner, you all know, had serious issues with the county multiple, multiple, multiple times. And he and the previous owner to that built the items that are having to set back issues, not us that purchased the property. We discovered this when we went to go and do what we were going to do. The previous two owners created these setback issues. We didn't do any of them, so we're not asking for anything that we're doing new. This is something that's already existing for over 20 years. Well, then let me read the answer to item number four where it says it would be our intent to construct three new, properly permitted and constructed apartments in the existing structure after obtaining the necessary variances. That was the verbiage from the city, I mean, from the county. Dr. Mike, please. That's the verbiage from the county, not from us, ma'am. The buildings are already existing on the property. As I said, this is not clear. I'm asking for clarification. That's what I'm trying to say is we didn't do this, you know. We're just asking for the approval and the exception because of the previous two owners created all these issues in which we are now existingly found out in the last 120 days trying to do this. We're not literally building anything new. Well, then why are you saying that you're going to construct three new, properly permitted, constructed apartments? That was the county part of it. Who were you dealing with? It was Sandra. Sandra. We're just trying to be transparent about what the ultimate approach is here, is that if we're able to get that zoning, then we would take that front garage, not change its footprint at all, do nothing with it, get rid of the two illegally built apartments that the previous guy did, and then properly permit them and then put legit apartments in it. That's the thought. And we can only do four units. We had to go for the six on the zoning because that was the next level that when you do the calculation on the size of the property, we still can only put four units. So we're only doing four. It seems to me like we're approving something in anticipation of the future. Yes, they are. They're trying to rezone the property. They did have a variance to the setback to the side approved for the previous house. There was a garage apartment that was supposed to be a garage, not apartments, but garages that were supposed to be attached to the house. And they made the setback. Now they're going to go through rezoning the property. They already had the application in to rezone it to multifamily so they can take these two garages that appear to have apartments already added into them, which is not meeting code, to get them legitimized. So when they're trying to get the RU26 zoning, it has different setbacks than what was previously approved to the setback to the south property line for the house. The garage was built with the correct setbacks. It's supposed to be attached with a breezeway. I think the breezeway has disappeared after numerous storms. But this is all for a proposed rezoning that they're going to be going through on the property. Did that help? Currently, there's no variances or any kind of premise for what's on the property. You're just trying to... There is a variance right now to the house for the setback on the south property line. It's for the RU19 zoning. It's for the RU19 zoning. It's not for the proposed zoning. The zoning requires more setback. Not by a lot, by just a little bit, like a couple feet maybe. I'm sorry, what's that? I think it was only a couple feet differential between the two zonings. The single family is 7 1⁄2 feet, and the RU2-6 requires at least 10 feet setback, and then it requires a breezeway of 30% in the first 250 feet off of the river. So that's what you're looking for, the variance for the breezeway. And then we're looking for variances to the 10-foot setback also on the existing garage that's going to be converted, I guess that's already converted, into the apartments and the house. Most all of this was already there. It was there when we purchased it, and it's been there for over 20 years. I understand that. So it isn't something that we're— I'm just trying to figure out what you're going to be doing with it. It just seems like it's not clear to me what you're asking. To be honest with you, ma'am, all we're doing is putting two apartments in where there's two or three car garages now. That's all we're really doing. The setback issues are something that was previous that's been brought up. That's why we're addressing it in front of you, the board. But we didn't—I mean, I own the property to the south, so I have no issues with the setbacks meeting my property, and that's where they're all at. Yes, I know you do. In question number six, you said we intend to develop a first-class product that is in this blended neighborhood that we'll be happy, that all neighbors will be happy to see. Right. Just to clarify that, the previous owner created a bunch of junk there, and it was a horrible condition of a place. Mr. Pearson doesn't do anything but first-class. You know, the idea is going to be enhanced landscaping, put new siding on the buildings, make it look better, and just do a first-class-looking development. That's—we're just trying to explain that the future use of, you know, being transparent, what we want to do is just make it a first-class place. That's all we're trying to say. It's not going to be—keep it this piece of garbage that was previously there. That's all it is. Well, I drove by. It didn't look quite that bad, but I don't know if it was a piece of garbage, but— It's pretty bad. There was actually three trailers on the property. Well, I didn't see that. Well, that's not now, because I've had everything removed, ma'am. I've cleaned it up. I've spent $75,000 just cleaning the property up right now without doing any rehab. I know, but that's part of your investment. Well, no, I appreciate that. This is true. I'm just trying to make it, you know— Yeah. Do you have any more questions, Dr. Vance? No. Okay. So, I have—well, let me—I probably have a statement, but I just have to sum this up for my own good. So, in other words, what we're really doing here today is that on this property that you purchased, they already had existing apartments there that you consider what I call a slum lord. You cleaned it up, and now you want to legitimize it to make it better for the neighborhood. So, you're not really—and that's what you mean by you said to develop a first-class product, correct? Okay. So, I think that's what he's trying to do is legitimize what they have on there, right, to make it better. The parcel was not supposed to have the apartments on the garages. They were built as garages. Correct. Somebody came along and obviously built some apartments on it. This gentleman had bought the property. Correct. With the apartments on it. They're illegal apartments, so he's trying to get it so it can be— to legitimize everything that's on the property. Correct. So, now we're just trying to make it legal, right? Yes, ma'am. That's what we're trying to do. That's what we're trying to do. Okay. Okay. And how long do you own this place? I just bought it in April, ma'am. Oh, you just purchased it this year. Okay. Yes, ma'am. All right. So, okay. I see that. Mr. Humbert? Ms. Clemons? No questions. Okay. Dr. Bass, what say you? I mean, now we understand exactly what you're here for. We get a better picture of—because, like, when we read something in black and white, it didn't make sense. Because it sounded like—let me tell you what it sounded like. It sounded like you were in this nice neighborhood. You wanted to take this R1 and make it all of a sudden something different, but actually was already there. And what you're trying to do now is be that nice landlord tenant and, you know— And make it legit with the county. Make it legit with the county. That's all we're trying to do. So, I can understand that. I respect that. Dr. Bass, what say you? Mm-hmm. Okay. No more questions. No more questions. I don't ask anybody else, okay. Oh, is there anyone here—I'm sorry—that would like to talk about this, an approval or rebuttal? Anybody? Okay, I see none. Come on back. Dr. Bass, would you like to make a motion? All right. I will make a motion to approve the variance as depicted. There's actually four. Yeah, I'm going to ask one to add, because there's a couple of them. That's right. There's a lot of them. Yep. Okay. The variances. Okay. It's depicted in the survey provided by the applicant 8-27-25. Correct. Do we have a second? I second. Okay, we have a motion to approve by Dr. Bass, a second by Ms. Clemmings. All in favor, say aye. Aye. Aye. Thank you very much. Wait, wait, wait. Let me read the six— Oh, I'm sorry. —the things that we've been talking about, right? So— I've just heard— You got excited, right? That special conditions and circumstances exist, which are not applicable to other land structures or buildings in the applicable zoning classification, that the special conditions and circumstances do not result from the actions of the applicant. And we see that they do not. Three, that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. Four, 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 would constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. And six, that the granting of variance would be in harmony with the general intent and purpose of this chapter and that such variance would not be injurious to the area involved or otherwise that you went to to the public welfare. So I want to be clear that we're approving this variance, sis, because there's a couple of variances, that we're approving all of them, correct, four variants, they have all been approved with a date of 8-27-2025. And just to clarify for the record, the vote was? And to clarify the vote for the record, Dr. Bass? Approved. Mr. Humberg? Yep, sure. Ms. Clemmings? Approved. Sonia Millard? Approved. Your variants have approved. Thank you. I appreciate that. Thank you. You're welcome. Can we have our next variance, please? Yes, application 10H, I mean H10. Linda Lunds and Erin Lunds Jr. request variants of Chapter 62, Article 6 of our county code for the lot size for a proposed AU zoning classification. The parcel is currently zoned GU zoning. Its application number is 25V-00059, located at tax account number 2313962 in District 1. Okay. Hello. Good afternoon. Linda Munns. I'm sorry, say your name again. Linda Munns. Okay. Do you swear to tell the truth, the whole truth, or nothing but the truth? I do. Okay. How can we help you this afternoon? Um, so we wanted to apply for a variance. Our property size. Who's we? My husband and I. Okay. Um, and our, uh, our existing property size is 2.23 acres. If it was 2.25 acres, then we could have just done the variance administratively. Um, but we are 0.2 acres, too small for that. So, we need to apply for the variance so that we can then apply to have our zoning switch to AU like most of our neighbors. We're in Canaveral Groves. That's really about it. Okay. That's it. Plain, cut, and dry. All right. Well, you, I see you in District 1. That's my district. Dr. Bash, you want to start off the question? Yeah. Oh, Mr. Humbert? I just have one question. Do you know if everybody in the area is zoned GU or? It's a mix. There are, I think the one that's to the south of us is GU. The one that's to the north of us, he's the same size, but he's AU. Across the street is AU. There, it's all over out there. A lot of it's AU. Okay. Thank you. Ms. Clemmings? No questions. Okay. Dr. Bash. Okay. Well, coming back to me, I see this is really clear, cut, and dry. You're really in front of us today. You just purchased the parcel on July 10th. No, we, that, we've, 2017. Yeah, it was 2017. We bought the land a long time ago, yeah. 2017. And we built our house on it, finished it in 21. Okay. You just want to change the zoning classification. Yes. That's what you're here before us today on. Okay. Ms. Clemmings, would you like to make a motion? Sure. I'd like to make a motion to approve the variance request as depicted on the survey provided by the applicant with the date of 8-27-2005. Do we have a second? I'll second. Okay. Ms. Clemmings made a motion to approve. Dr. Bass seconded it. I'd just like to ask the audience, is there anyone here that would like to speak in favor to this variance? Yay or nay? Seeing none, I will read the six. 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. That granting the variance request would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of 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 will constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And that the granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved. We have a motion to approve by Ms. Clemmings, a second by Dr. Bass. All in favor say aye. Aye. For the record, this variance has been passed. Thank you. Thank you very much. Can we have the next one, please? Yes, item H11, Leroy Berry Sr. and Janelle Berry request variance. Chapter 62, Article 6, Bavard County Code for an accessory structure in an RU-1-7 zoning classification. Application is 25V00061. Located tax account number 2103275 in District 1. Okay, good afternoon. Can you use, in the mic, state your name for the record, please? Leroy Berry Sr. Okay. And your name, please? Tanisha France. And can you both, you swear to tell the truth, the whole truth and nothing but the truth? Yes, sir. Thank you. How can we help you today? Well. I just need you to speak into the mic. We're here on a variance that we had put a structure in the back of my house, and we had some problems with, you know, some footage. So, we got engineer and everybody else to look out where we had need to get it finished. So, we came to this point right here today to see if we can get the variance board for the permit to set the structure that we have forward. Okay. Do you have anything you'd like to say? No, no. I'm just waiting. Can you make sure you speak into the microphone so we can pick it up on the recording? Okay. Ms. Clements, you want to start off with the questioner for me, please? Sure. Did you build this building? Yes, ma'am. And you did not pull any permits to? Yes, we have permits now that we had paid. Now we have permits? Yeah, we have all that. We need to get the variance to legitimize it. There is a code enforcement that's active on this? Oh, yes. Where is that? Where is that standing? I believe it's pending this before the building permit can actually be approved. There is a building permit. There was a code enforcement action for work without a permit. But then they came in to apply for a permit, wasn't meeting code requirements, now they're asking for a variance. So the building permit is still on hold for the time being. Based on the code enforcement. Okay. What was the intended use for the extra building? Yes, for storage. Just storage, no living? Yes, no living storage. And it says two-story somewhere? Yes, we have, like, I do construction, so I have a lot of power stuff. So I'll be using that maybe to the bottom and then put, like, storage, like, house stuff, clothes, whatever, up top. Okay. I don't have any other questions. Mr. Humber? No. Dr. Bass? No. Okay. So I just want to get a better understanding as well. So you're coming before us today because it was over the property line, 55 deviation. So it's a storage that you have, that you built, you built yourself. Yes, with others, with my engineering, construction. Okay. And now you want to legitimize it, correct? Yes, ma'am. Is there any neighbors to the left or the west of you? Yes, ma'am. And how do they feel about it? Well, I don't like to speak on it, but... I'm sorry? As I speak... Oh, you didn't speak to them? No, I spoke to the ones next door, but we never saw eye to eye, so I was going to keep that a thing to myself to whatever. They're actually here. Oh, they're here. Oh, okay. All right. So no biggie, but, you know, I got to say neighbors are neighbors. Okay. Respectfully. Okay. So, let me ask you all to step to the side. Is anyone here that want to speak in favor or against this, please come to the front? Yes. Okay. Two different times to speak? Okay. Thank you. Well, come up to the... And just state your name, please, for the record. My name is Panchita McDonald, and I stay at 2574 Pertune Avenue in Mims. Okay. Do you swear to tell the truth, the whole truth, nothing but the truth? Yes, I will. Okay. How can I help you? Well, I'm... Are you for or against? I'm against. You're against. Okay. Why? I'm against it because they are trying to move the house towards my side. I don't have no... Wait, stop. They're trying to move the what? The house. It's not a storage. It's a house. Okay. Wait. Are we going to only take it from her? They're trying to move a house? That is the two-story house that they built. They're saying it's a storage. It's not a storage. It's a house. Okay. So, the person that built the house is a person out from the street. It's not a contractor. Okay. Okay. So, you're against it because they're trying to move the house, and they're trying to move the house where? Yeah. They done already took six feet of the front part. They put a fence up. I can't even go out my side back door. So, it affects your property? Yes. Okay. Okay. Anything else? Well, I just feel like they shouldn't be doing that anyway because I pay taxes just like everybody else, and I want what I pay for. That's it. Okay. So, let me make sure I understand this. They're not, it's not a storage. It's a house that they moved that's now on your property. That's what the intention was to build a house in the back on Ms. Brandon's property back here on that back part. They wanted them to move that. So, they're trying to move the storage, or whatever the storage, the house, whatever it is that they built. Okay. Okay. Anything else? No. That'll be it. Okay. Anybody have any questions for her? Is this structure you're talking about, this white? No. They got a, they got a, what you call a little house there, and plus the little fence there, and in the back, at 2570 over there, they got a fence over there on the other side of it. So, this structure was built on your lot, a little bit on your lot, and now they're moving it further. Well, they're saying that it's not mine. And now they're moving it further? So, they don't put a fence up there. So, I called code enforcement about the fence. So, he got angry about me calling code enforcement because he had to pay for the permits. He put a fence there. I can't go out my side door at all. I'm supposed to have so much room to go to east side of my house. And I don't have that. Okay. Okay. So, this isn't really a variance. This is more of like an encroachment. Right. They're supposed to be moving it is what it is, and it's over the square footage requirement. That's what this variance is for, is for being over the square footage. But she's saying that it's actually on her physical property. It's being moved with the building permit. It was over her property. Okay. When you look at the survey that does, for the application, you'll see that it's existing accessory building that's over the property line. And then you'll see a building to be moved, and it's showing where it's being moved on the survey, meeting all the setbacks. So, you wouldn't have any problem if it was moved to the correct location? If it's on their side, I don't have a problem. So, based on this permit, they're saying that it's not? What basically is the whole property is supposed to be theirs. I don't have no property. I just have a house there. The county built both of our houses over. With the county there, which is the construction people that built the house, they put our houses in the wrong spot. That's why they figure that they have most property than I do. My back part only have 120. That's not what it is. I have 130 in the back and 66 in the front. That's when I purchased the house. I went to the title company. I got the paper stating that this is where the property is. I have the title paper, the DE warranty now. Can I ask you one question? Yes, sir. Maybe two. You're saying the structure is two stories, correct? Yeah, it's two stories. It says here it's 1,314 square feet. That's kind of a big structure to be moving around the yard. So, do you know if it has a foundation or anything? They have the concrete. It's built up. It's just not finished. It's not completed. But it's concrete. Yeah, because I call coal to force me. Okay, thank you. And you're saying that they're going to live in it versus storage? That's what its purpose is for, not a storage. Ain't that the best? Well, how are you going to move a building with a concrete floor? They put the concrete there before they even did any building at all. So, now we're going to move the house further inside their property and leave the concrete base? I don't know how they're going to move it. I don't know. Okay, thank you. All right. No. That's a person. Can I have the next person, please? Your name, please, for the record? My name is Flora Brandon. Okay. You swear to tell the truth, the whole truth, nothing but the truth? Yes, I do. Okay. Now, are you for or against? I'm for. You're for? Yes, ma'am. The property that they have the house on, it sits on my property. Actually, yes. If 25, 69 pineapple. Actually, I go all the way past them, where that's sitting on. That house on the opposite side of me, when they built that house from what my aunt, because I brought the house from my aunt. She told me the house, which is on the side of me, I think it's 27 something, 25, 70. That garage that they built, that's my property. I go all the way over there in between the garage. I have two properties. I have two of these that I own that are over there. So, my thing is that I'm standing over here today is I don't want them to move it. I'm fine with where the house is at, because it sits like, this is my house, right? This is my property here. And it sits right here on the corner of my fence, but we didn't never fence it, because actually, Mr. Berry, his daddy is my mama's brother. And I never fenced it in. Me and my husband never fenced it, because my uncle used to have a garden back there. So, we just used it as a family, you know. I didn't want to take anything, because for one, this land don't belong to us. So, I'm not here to argue about no land or none of that. I'm just here to sit. Like, I don't want him to move it. It's fine with me. He can keep it there. If you guys want to bring somebody that's a Berry, I mean, if I knew I needed to bring my these, I would have brought it, because I'm just getting off from work, and I got a letter from you guys about the property. So, like I say, on the opposite side, I go from that garage all the way back. It's okay. Mr. Berry on my property, I'm fine with that. And I told them that. I was fine with it. You guys don't have to move it. You don't have to move the property. I mean, you don't have to move that little thing he has over there. It's fine. Well, then, why are we here? I'm here because... No, but... I don't know why they're here, but I'm here because I own that property back there where that house is sitting on, whatever that is they got, the shed, or whatever it is, I own that property. Well, if you don't own the property, how can you request a variance? I'm here to do whatever he needs. Okay, whatever he needs done, I'm here to do it. You know, I've been working. I work for the school. And I don't ever get a chance to get off. And I told my boss today, I was like, hey, listen, I got a letter came in the mail and I need to go forward today about this thing going on, you know? And I was like, you know, I need to have it taken care of. It's a family thing. That was my mama's brother. We actually... That whole little area in there, they live on the opposite side of Mr. Berry. I've been knowing them for years, and we all live in the same area. So, the other side is over there. We always left it open for my uncle and his wife because they had a garden. We had orange trees. We had all of that. And I never wanted to take nothing from nobody. I just wanted them to just, we all be one as love. That was it. But, you know, hey, I don't want it moved. Leave it where it's at. Okay. I'm fine with it. If I need to go farther away, we will. Just leave it. Okay. Thank you. Thank you. Just for clarification, even if she doesn't have a problem with where it's located, it currently does not meet code requirements, and it is encroaching into the neighboring property, which it does not allow for. So, they are going to have to move it one way or the other. Wait a minute. What did she say? What happened? We know it's supposed to be moved. So, the survey, Mr. Thomas, he came out and did the survey. So, we know it's supposed to be moved. That's why we are here, so we can get it moved and go ahead, continue. With the storage, getting moved forward behind Mr. Berry House. The storage is not on their property. So, we got a fence. We got a permit for the fence. It was expected. So, it was not on their property. Nothing is on their property. If you have the survey, if you could pull the survey up, it tells you nothing is on their property. Y'all don't have it? They should have it. It shows you where my fence is on. The survey that we have that was turned in for the variance application shows a two-story frame accessory building, and it's over the property line. It's over her property line. And that's what we're here for. It's for them to move that and legitimize it over the square footage. It's okay about moving. If you say you got to move, okay, it's fine. But if you look behind that, that fence, that back there? I don't have anything that shows behind it. I'm going off of what we're looking at on the survey provided. Okay, because that is my property that you're looking at. No, I'm just saying that's my property that you're looking at. That is sitting exactly right there. My bedroom is right behind it. Okay, on that corner, that's my bedroom. So, let me say this. What we're dealing with right now is the variance that's set before us right now. So, I want to be really clear. Mr. Brody, you can help me out, too, because I just need to sum this up. Excuse me. What I hear right now is that, okay, so you're coming because you want to move this property that you stated was a storage, correct? Not living, but storage. It's not living. It's nothing in there livable because we have to have water and all that. We don't have none of that. Exactly. None of that is in there. So, we have to move it forward to a certain extent behind the regular house. It's like the variance that you see there on there is coming back up right into where the clearest of where we have it at. But let me just finish. This has got to be my thought process. So, we're moving your storage, which is no living conditions whatsoever, but it's going to get off of her property. She's going to have it. Off of her property. Off of her property. It's not going to her property. Okay. That's fine. Just off of her property. However, that's going to open up ways for her to get out of her house, correct? Can I correct this? Yes. Help me out. She's talking to Mike. Okay. If you look at it, I should have brought some pictures so you can see. Where her house at, she stays behind my cousin that passed away house. So, she stays beside me. Mm-hmm. Okay. So, really, she has structured stuff on my cousin's land. Not mine. But my land goes, her land stops way before my shed that I have. She got about, like, 20 to 15 feet to get to where my shed is at. So, her land is way up where my fence stops at. We don't have that much room. Right. Okay. So, where my fence... But wait. All I want to be clear about today is this variance. Yes. That you're coming before us today. Just to slide it up. To move this storage line. Am I right, Mr. Brody? Yes. Yes. They're moving a two-story frame accessory building to be on the property. Correct. And it's too big for the size requirement for an accessory structure. That's all we're here for today? That's all you're here for. Okay. Okay. Is there anyone else that want to speak on behalf of this? I'm sorry. Just step to the side. We have one more person. I'm sorry. Okay. Can you state your name, please? Cynthia Spivey. Do you swear to tell the truth to hold the truth for nothing but the truth? I do. Okay. Okay. So, we understand. Are you for or against? I'm against. Okay. We understand that they say they want to move it. But is you want to move it more to the left? Because we're to the left side of them. And moving it to the left, that's going into our property. Okay. We don't mind what else they're doing. We're just getting threatened. Or we're going to build it in the back of your house. Or we're going to put it there. You know, it's personal reasons. So, stop. So, you're here today just to know if they're going to move it to the left or to the right. Correct? Because that's it. Okay. Yes. Okay. So, no more. Stop. So, have a seat. Sir, come back up to the podium, please. When you move this structure, are you moving it to the left or the right? That's it. Going forward. You're going forward. So, you're going forward. Not to the left or the right. You're pulling it from the back. From the back. From the floor. Okay. Forward. Okay. So, that's not on this side. No. Okay. Thank you so much for that clarification. Is that clarified for you? Okay. The survey that was provided shows it's going to be 13.5 feet off the rear property line and nine feet off of the north side property line. Correct. Okay. Okay. Yes. So, looking at the picture, I want to know, this is, the direction this is moving is toward your house. Directly toward your house. Yes. Not north, not south. Right. That's why. Directly. No, come up to the podium, sir. So, that's why. I'm looking at this picture. So, this property, this building is going to go towards your house. Right. East. That's where my house is east. Okay. That's your house right there. Right. It goes east. If I go backwards, that'll go further back in there. Correct. Right. If I go side, it'll go into my cousin's property. Correct. That's what I'm looking at. And I can see where it's over the property line here. So, you're going to be moving this toward your house forward. Yes. Okay. Yes. I was told to have to be pulled forward. And again, I want to be very clear. So, in so, moving it now, it would alleviate the problem from the back. Yes. The problem to the left and the problem to the right. You're now going to be legal. Just sit back there. Okay. Legal. Right. Okay. Okay. I think we... Except for the side variance. Correct. Or the size variance. Correct. Correct. And it's not a livable structure. No. Correct? We got it for storage. Okay. Is there anyone else here that would like to speak on behalf of this case? Okay. So, I just want to be clear one more time that you have, sir, a structure that is storage. Yes. There's no living. No living. Correct? Because this is for the record. Right. There's no living. Storage. We're not going to the left. We're not going to the right. We're not going behind. We're going in front. Yes. Correct. Forward. So, that way, that alleviates any problems to the neighbors here, the neighbors there. Right. Or any of that. Okay. So, I think we can... Yes. Everybody's clear on this now? Yes. We got a better picture of what we're here for? Yes. Okay. Thank you so much. I have one quick question. Yes. Just curious. How are you going to move it? The guy that came out and helped us with the survey, he gave us a moving company. Oh, okay. Yeah. That comes and moves structures and stuff. Oh, okay. No, no. No. We got somebody that comes and moves the structures. Okay. Yeah. Okay. Good idea. Thank you. Okay. So, I'm looking for a motion on the floor, please. Anybody like to make a motion? I'll make the motion. Yes. That's the best. I make a motion to approve the variances depicted in the survey provided by the applicant dated 5-7-2025. I'll second. Wait, stop. Let me just make sure. I see on here 7-11-2025. What is the correct date? Am I looking at... Oh, did I get the... Is the correct date 7-11, please? Let's do a revision, please, because we want to get it right. Thank you, Dr. Bass. The survey provided by the applicant with the date of 7-11-2025. Okay. Do we have a second? I'll second. Okay. So, we have a motion on the floor to approve the variance with a date depicted 7-11-2025 with a second by Mr. Humber. All in favor? All in favor? Aye. I'm going to read the six variants. Hold on. Get my six variants. Okay, sir. Come back to the podium, please. That special conditions and circumstances exist which are not applicable to other land structures or builders in the applicant's zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. Three, that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. Four, 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 would constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. And six, that granting the variance would be in harmony with the general intent and purpose of this chapter and that such variance would not be injurious to the area involved or otherwise deferential to the public welfare. We have a motion to approve, a second, and all in favor say aye. Aye. This variance has been approved. Thank you. Thank you very much. Can we have the next variance, please? Yes. Application H-12, Daniel C. and Darcy Starr request variance of Chapter 62, Article 6, Brevard County Code for a DOC and an RU-1-11 zoning classification application 25B-00062 located at tax count number 2418-477 in District 2. Good afternoon. Hello. Can I have your first name and last name for the record, please? It's Daniel Starr. Okay. Do you swear to tell the truth, the whole truth, or nothing but the truth? I do. How can we help you this afternoon? I'm applying it for a variance. I built a dock where an existing dock was, and I didn't go through the normal process. I got a code saying that I need to get the permit, going through the permit process. The county's been absolutely awesome in helping me through that. One thing I didn't know was the height requirement on the dock. It couldn't be any higher than the seawall. So when I built it, I was trying to keep the dock out of the water. So I built it above my seawall, and I need to make it 19 1⁄2 inches instead of 18 inches, if that's okay. So, yeah, I built it 19 1⁄2 inches above the seawall to keep it out of the water. Our seawall's pretty low. The seawall's in great shape. I didn't want to replace the seawall, so that's what I'm here for. Okay. I see this is in District 2. Ms. Clemmings? Yes. So the code enforcement is simply just that he didn't pull a permit for the dock work? Hang on one second. That's correct. It appears to have been for work without a permit. Okay. That's it. Humber? I hate to even say this. You said this is 19 1⁄2 inches? Correct. Off of the top of the seawall. Is that going to be a problem? There's 18 on the variance, 19 1⁄2. I'm not sure. I need to consult with probably the attorney. It was, I think, advertised at that 18 inches, and now he's claiming it's 19 1⁄2. Yeah, and that's probably going to be a problem. It's not consistent with what was advertised. So he should come back with another variance, correct? Yeah. Okay. Okay, Ms. Clemmings, do you want to make that motion? Make a motion to table this to November 18th? 19th. 19th. Yeah, we'll need to re-advertise it. So it'll need to be re-advertised. Re-advertise it. That's what... Is that enough time? One month? For the height above it, if it's changing from the 18 inches. Yeah, I wasn't sure if there was a tolerance in the permitting when they came to actually do the inspection, if they saw that it was 19 1⁄2. So I wanted to make sure that was brought up. I failed to account for the gap in the top of the decking. I accounted for the truss structure and not the... I have one request. If we could put this gentleman on the top of the list, he's been here a couple hours. No, this has been most fascinating. This has been great. I appreciate you guys. Is that what it is? No, I really do appreciate what you guys do. We're almost going to have as many next month. Sure. Okay. So let's do that again. Ms. Clemens, what are we doing? I make a motion to table the request for H12 to November 19th. I'll second that. Okay. Everyone in the grants, say aye. Aye. Aye. Okay. We'll table you to November 19th. We'll see you then. Awesome. Thank you so much. Thank you. Thank you. Yeah. Okay. Our next variance, please. No, we have one more. H13. Oh, yeah. You have one more. H13, everybody. That's okay. All right. Last item. Yes. H13. Jorge Roberto and Ola Tabush request variance to Chapter 62, Article 6, Brevard County Code for a gate and an EU zoning classification. Application is 25V-00063, located at tax count number 2605989 in District 2. Hello, Clayton. Good afternoon, Board. Hi. My name is Clayton Bennett. I'm a professional engineer registered in the state of Florida. Okay. Let me swear you in. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. Okay. Present your case, please. Sure. We're working for Mr. and Mrs. Tabush as they've been through the process of acquiring this property, and then as they've acquired it, there is a rezone that needed to take place because the proper zoning wasn't in place. We went through that last year. They're under construction at this point. The property, and let me back up, the property is located on U.S. 1 between north of Panita the causeway between U.S. 1 and the river. Here is a zoning map of it. It's, we got it rezoned EU to be consistent with the properties to the north. Here's an aerial photograph, and you'll notice that it is right on U.S. 1, which is, this is north of Palm Shores, south of Rockledge, so it's in a higher speed limit area of U.S. 1. And we're on a four-lane highway, and so it's quite, quite busy. Back in, about 20 years ago, from the best that I could find from the records, the five properties there, this one, the subject property being the southernmost, formed a Moonlight Bay Homeowners Association. And from what I could tell, the association was predominantly formed in order to create an easement because they came in under a subdivision to be able to build a wall along U.S. 1. If you, the subdivision code allows you to build an eight-foot wall, a highway, and it's part of the subdivision plans. And this was a Moonlight Bay Homeowners Association. Let me back up. And you can see there, the paragraph there was for the purpose of granting a 10-foot over the westerly portion of the property, abutting U.S. 1, to build a wall. And let me just skip through these, the rest of the document. This is a survey that was prepared, the plot plan that shows the proposed residence. They're using the existing driveway access there, the opening. But what I wanted to point out is, if you look there along U.S. 1, there's the 10-foot easement with reference to the ORB book and page of the easement that I mentioned about the wall. And that provided for the subdivision section here, 62-28-89, where it allows for an eight-foot wall to be constructed. And that wall was constructed back, from what we could tell, back in 2005 time frame. It was permitted. You could see the record there from the county system that it was finaled. And it was for the Moonlight Bay Association. We found the notice of commencements there for the wall when it was constructed. There's two that were filed. One was a corrective. So we have the, again, back with the addresses. I got some photos to kind of show you what it's looking like. This is a subject site here. This is, you can see the house in the back. It's under construction. The wall that has been existing for, you know, the past 20 years. This is the gate to the north. Let me, so I'm going to work from the south, from the subject property to the north. And so this is the subject property. That's the opening there. It's no gate there now at this time. The gate immediately to the north. You can see there the wall. It's covered in vines. But you can see the gate behind it, which is nearly the same height as the wall. This would be the property then to the north of it, 6495. And, again, you can see the gate matching the wall height. 6505, again, different, a little different architectural style. But then it's, but it matches the wall height there as well. And then the property to the north is 6555. And I believe that they came in for a permit at one point with the county and the county so that you can only have a gate four foot high because of it being in the front zoning setback. So in the zoning section of the code says if you're in the front zoning or the front setback, you're limited to a four foot high gate. And that's the appearance that they have. That 6555 has two driveways. This is the southern driveway. And then this is the northern driveway as well. So it's, you see the shortness in the gate. What the applicant would like to do is put in a gate that would match the wall height similar to the three properties to the north, you know, to be consistent. And there's the plans that would show that it's that height. But again, if the county wasn't able to find the plans for the subdivision walls and anyway, so we're asking for a variance because at this time they're stating that we need to meet the wall ordinance as opposed to subdivision wall ordinance. And what's peculiar about this particular property over others is typically on subdivisions, you wouldn't have each home accessed from a highway. Typically, if you look to the subdivision to the south, you have one entrance. And we wouldn't even be in this discussion because you would have the wall all the way along the highway with the one gate entrance coming into the subdivision. So this is, again, the unique situation for this particular property. So we're asking for a four-foot variance to allow for a gate up to the height of eight feet to match the wall. If you have any questions, I'd be glad to answer those. Okay, this is District 2. Ms. Clemmings, please. No questions. Mr. Humbert? No, pretty straightforward. Dr. Bass? No, no questions. Okay. I have no questions. Is there anyone here that would like to speak to or against this variance? Can you come to the podium now, please? Seeing none. Ms. Clemmings? I make a motion to approve the variance request as depicted on the plans and survey provided by the applicant with the date of 11-1-2024. Okay. We have a motion to approve. I'll second. Mr. Humbert second. I'm going to read the six steps. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on an applicant any special privilege. Four, that literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter that will constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. And six, that the granting of the variance will be in harmony with the general intent and purpose of this chapter. That such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Ms. Clemmings. We have a second by Dr. Beck. Oh, Mr. Humbert. Mr. Huffman. All in favor? Aye. This variance have passed. Thank you so much for your patience. Thank you. This meeting has now been adjourned. The opinions expressed by any member of the public during any period of public comment.