Board of Adjustment on 2025-11-19 1:30 PM - Nov 19, 2025

to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all i now call this meeting of the boy county of zoning adjustments on wednesday november 19th to order any staff announcements no mr bode can you do the 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 to the zoning regulation and assigned regulation in chapter 62 article 6 and article 9 pursuant to florida rules of appellate procedure any person or persons jointly or severally agree by any decision of the board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief ms chairman you have 11 items on your agenda today thank you second reading mr homberg undue hardship the variance may be granted when it will not be contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undue hardship has a specific legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing development regulations personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in instances where the landowner cannot yield a reasonable use and or reasonable return under the existing land development regulations an applicant must answer a variant hardship worksheet with six questions the board of adjustments will discuss these questions today with each applicant who has requested a variance thank you for the third reading mr hoffman can you read our board procedures please i will now i will now address our my fellow board members the applicants in our audience regarding the board procedures for today's meeting the board of zoning adjustment as a quasi judicial board with members appointed by the brevard county board of commissioners will utilize robert's rules of orders 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 open to the full board the chair will recognize each board member in turn once all board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to address the board once and only once so be complete and concise at the conclusion of public comment the applicant will be given additional time for any rebuttal as well as to present their final comments once completed no further comment will be heard from the applicant or the public the action moves to this side of the bar for board discussion and action we will not use a timer for this meeting instead we are asking each speaker to be concise in what they have to say it is important that you stay on subject and avoid information that is not uh that is 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 an address card please fill it out and return it to the clerk at the end of your presentation thank you we will now do the meeting minutes for my last meeting on wednesday october 15th any changes and motions to approve any changes i second we have a motion to approve by ms clemens and a second thank you so much mr hoffman okay applications for variants mr baldy can we have our first i'm sorry can we have a vote please all in favor all in favor of the meeting minutes to be approved all right aye aye meeting minutes approved mr baldy yes item h1 daniel c and darcy star request variants chapter 62 article 6 bevard county code for a dark dock in a ru-1-11 zoning classification application applications 25v 00062 located at tax account number 2418477 in district 2 and this item was tabled from the october 15th boa meeting how are you i'm good how are you good afternoon that's where you in do you swear to tell the whole truth nothing but the truth i do your name for the record it's daniel star 1410 tourist court merit island florida 32953 okay how can we help you today um i'm asking for a variance for the dock height um i rebuilt the dock that was existing that had been damaged from a previous hurricane we moved in i assumed i could rebuild the dock i did i built it higher because our seawall is relatively low compared to some of the other neighbors that have had their seawalls redone our seawall is in a great shape i didn't want to incur the cost to rebuild the seawall so i just built the dock 20 inches above the seawall to accommodate not having water exposure to prevent it from deteriorating faster than it probably should have from the last like as the last dock so that's the ask i'm asking for is the variance to approve a dock height higher than the seawall height per the zoning okay thank you this is in district two miss clemmings would you like to start off i um i really don't have any questions i see that you completed it you don't have any open code violations or anything like that no questions okay mr hoffman any questions um i'm unfamiliar with these regulations you're asking for an increased height and it's kind of a question for our staff make sure you speak into the mic so we can pick it up on the recording i'll start over um i'm not familiar with these regulations i'm just wondering what the height restriction is related to the height restriction is a code that says that it can't be over if there's an existing seawall it has to be uh even with it so he increased it over it like he was saying that seawall was very low he's trying to get it up out of the water the whole dock structure okay so that the regulation is even with the it's supposed to be even with it if there's if there's an existing seawall okay thank you okay tom burke yeah just uh one or two questions it could lead to five or six who knows i'm ready the question is or it looks in the picture if you made it even with the seawall the dock would be in the water correct it would be in the water a chunk of the year you know the the canals do uh adjust in height water height so okay a good portion and this is more of a monetary thing you just didn't want to put the money into the seawall because it's okay correct yeah seawalls can be pretty expensive you don't have any other pictures of the seawall do you uh i don't i did bring a picture to kind of show you where where the dock height is in relation to the seawall and um yeah there's a good picture right here can we turn on so you can see our that's the existing dock that i built it's 20 inches above the existing seawall if you look across our canal you can see that our neighbors have a similar height seawall and their dock is underwater a lot of the year have you had any uh complaints from the neighbors that our neighbors know about this yeah all my neighbors know okay no complaints that i know of unless they made a comment that i'm unaware of okay thank you okay i don't see any further questions just step to the side let me check with the audience is there anything anyone here that's in favor of this or opposing this variance can you come up to the podium now please seeing none you can come back clemens i make a motion to approve the variance request as depicted on the survey provided by the applicant with the date of 5-7-2025 i'll second we have a motion by miss clemens to approve a second by mr humber i'll read over your six factors and bear with me um my eyes today i'm sorry that special conditions and circumstances exist which are not applicable to the other land structures or buildings in the applicable zoning classifications that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested with no sorry y'all i'm really having a hard time today with my eyes but i apologize go ahead please so number number three is that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification number four that literal enforcement of the provisions of this chapter will would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the number five that the grant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and number six the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare okay we have a motion to approve of miss clemens a second for approval for mr humber we have an individualized vote mr hoffman hi sonia hi hi hi your variants have approved thank you thank you so much you're welcome mr body can we have the second variance please thank you for helping me yes item h2 park and cruise 2 llc request three variances of chapter 62 article 9 bevard county code for proposed and existing sign in iu zoning classification applications 25v 00030 located tax count number 2428311 in district 2 and this item also was tabled from the october 15th boa meeting okay good afternoon can i swear you in these sweaters held the truth the whole truth for nothing but the truth i do your name and address for the record please uh william moberg 274 andros avenue coco beach florida okay how can we help you today uh we're trying to get a signed variance for park and cruise which is located at 1700 c ray drive um i think you guys have information on we came here i guess a month ago we were missing piece of paper needed to do it we're asking for a foot it's basically like uh industrial interstate type location a lot of high vegetation on australian pines and we're just trying to get signage to get our guests there safely okay myra approved us i think for 45 feet um they said they were good with that of course we're still asking for 80 okay i see this is in district two miss clemens we'd like to start the questioning um i have a question for you first um is this are you asking for the approved amount of um changes versus myra is this over and above that or is this in addition to or they're asking for the amount that was for uh what was advertised myra has however uh requested them to reduce the height and also the square footage and also not have an led but then allow for the pre-existing non-conforming sign to be remain and permit premise and it's up to y'all to make your decision which i want to do okay so you're still requesting the original request for the variance for the height of the 80 feet or sorry the yeah 60 feet over the 20 foot maximum yes you know i'm grateful for the 45 so i don't want to appear that i'm ungrateful for it it just the sign he's talking about that's non-conforming is a billboard sign that's not even on the same parcel i don't know why they can't figure that out it has separate parcel ids um so it's not like we have a non-conforming sign on that property it's just it's just not true it's a billboard on a lot that's a separate lot next to our lot all billboards are non-conforming everywhere i mean they don't that's the fourth point is that the sign he's referring to to allow for the pre-existing non-conforming sign yeah that's three yes there's a pre-existing sign non-conforming i was just but i was just going to pull up the survey and see if it was located on the i didn't see it myself either if you need changes why are you asking for i guess i just need clarification for including that in the request or if it's outside of it also it is located in an industrial area we have within 50 yards of us we have multiple cranes that are probably 100 feet in the air at all times i don't know if anybody's familiar with that property it's a cell phone tower probably within 30 yards of the property and it is on it's right at the exit of banana river and 528 which a lot of our customers are doing u-turns in the b-line because it's it you don't see it coming up because of all all the australian pines stuff like that the non-conforming sign is on a separate parcel but it is on uh where they're still parking cars on the same uh use on the both parcels okay so that's the reason it was included included to be legitimized yes okay to remain and then your sign that you're requesting is going to be facing west correct so that they know that it's a turnaround so they know to get off at that exit and the billboard faces east correct both directions and ours will probably close you know two-faced signs so one will face east but nobody's coming from the east to go to us but everybody's coming from the west i mean we could make it a one-way sign that's not a problem um but you know the billboard is on a separate parcel so i don't know why they include it because there's cars underneath it that's just baffled me i mean but uh and part of the problem is that billboards there that's been there forever that i don't have any control over the billboard it's under contract and i don't have any control over it so if the sign was the height that was proposed it's like the billboard would block part of it so okay i just wanted to make sure and you you have the proposed sign or the proposed sign to go in front of that existing building almost almost to the property line correct okay and there was a sign i mean many years back if you look on the part county property pressures that property has been there for a long long time and there was a there used to be a sign on the property that's got lost in a hurricane probably 10 years ago five years ago okay and then i as far as for the led is that an option or is that yeah i'm fine with without an led i'm not even totally decided on the led of course the taller the sign the more square footage you want of course but um it's we're okay i don't even know that i'd put an led under it we're just really trying to identify our customers you know before they pass the exit and have to turn around in the median so okay last question are you comfortable with what myra presented to you as an exception i mean i'm grateful i'd rather more for sure okay i mean the 80 foot we went out and measured and we said okay this gets us over and we drove down the road and said we can see it from there that's why we were asking for 80 wish i would ask for 120 it's really like an interstate you know where you're driving down and it's too late you don't realize it until the last minute slam on your brake so but i'm grateful for whatever you do okay all right that's the end of my questions mr humber well my only concern is what uh concern myra had that uh it's just going to establish a precedent i mean how many businesses are on that road there's a marina um the rest of the land's all owned by port canapel really so i wouldn't see where anybody has a like property to that if you're familiar with that area we don't i mean we there's c ray drive and then there's 528 but there's nothing else in between all the land around its home by port canaveral yeah yes i do but not right to move it so i'd just like to say um and i like to be clear so just bear with me and i apologize again my eyes today but you're in a duster area the cranes in the area and i just want to be clear today so how i see it is that um it's definitely safety for our customers if you're a senior like myself you want to see the signs so we want to have the signs in the area where cars don't have to pass it turn back around go back you know um that kind of thing so i definitely understand that but i also see in here that we have two requests correct in this variance it's two the first request equates to a 200 deviation to what the code allows am i correct on that mr bode and the second request so we're really um there's actually three requests did i missed the third one the third one is to allow for the existing non-conforming sign to remain erected in the same place of the of the business for but remember that's not on the parcel so we we have no control over that i don't know why they're associating me with that parcel just because there's cars using that parcel for parking is the reason okay so we're using that for parking it's still being used for your business it's not our parcel i mean i mean i don't know if you've ever parked under a non-conforming sign but one thing has nothing to do with the other but okay so i just want to be clear today that we're here to approve three variants not just two that's what i want to point out correct okay so we have that so we have three variants i'm clear with that we under the sign it's definitely seniors like me we need safe we need to see the signs and that's all the questions that i have do you have any questions yeah but it's more yes but it's more of a again staff and legal so merit island redevelopment or whatever they call themselves myra is this a recommendation from myra or is there an enforceable if we vote to approve these variances does it overrule myra do we supersede myra's authority i'm just not clear on so we approve it and it's still not yeah this is what the myra had written it says although concerns remain that granting the variance as requested could create a precedent the myra board ultimately supported the variance application and recommended the following stipulations installation of the new sign not to exceed 45 feet in height allow for 40 square feet in area over the maximum current permitted by the code for assigned surface area and they had one that isn't wasn't here but they said installation of new sign without led signboard components and the fourth one was to allow for a pre-existing non-conforming sign billboard to remain on premise but they're sending a recommendation that's a recommendation they don't have enforcement no it's a recommendation from the board thank you we had mr huffman we'd asked for a variance and i think part of the variance process is we go through myra first so we gave our pitch to myra and they said bring it down a little don't do leds which i'm i'm fine with no blinking lights you know but there really is the residential it's it's out by the interstate basically so any variances that fall in the myra area had to be heard by them before they heard by the board of adjustment so my question would be you in agreeance with myra recommendations are you in agreeance with that i'd rather have more heights more height more heights more heights uh i'm cool with no leds or anything like that what's the current height of the billboard do you know standard billboard excuse me the survey that was provided says the billboard sign is 33 plus or minus uh high there again i i just have a difficult time and you can ask legal on that but i don't know how they're attaching another parcel id as me having a non-conforming sign so if your neighbor has a non-conforming doc they can't tell you not to build another non-conforming doc because your neighbor it's it's two separate parcel ids can you address that legal please well i don't know what they decided what you know what their thinking was when they did that if it's owned by someone else i'm not clear on what the thinking was there both of these parcels are owned by park and ride that's the reason it was included with park and cruise too park and cruise sorry park and cruise llc too they're both both parcels are owned by the same llc okay all right yeah the common ownership then is the reasoning okay thank you i'm parking cruise three by the way can i ask for some clarity on the day mock-up picture the billboard in question is the one that's on the left hand side that we're speaking of the larger one yes that it's in the very south west corner of the picture yeah it should be on the survey marked on the survey it shows yeah survey so tight yes and then the picture um depiction is at the 80 feet requested so 45 should be sufficient so that you guys are seeing that so this is the blood bar at the 33 feet this is the request at 80. this is the nightmare so he's requesting eight feet or sorry 12 feet taller than the current weights of this correct is that that's the 80-feet request okay and then that's the problem why we cannot do the 80 feet request there isn't a problem that we have to choose whether we agree with that or not okay well i'm just making sure you can see the visual difference i do see the visual so i'd just like to say um as we still discussing it i agree with it because people like me who have some kind of sight problems sometimes you can really see that you wouldn't have to turn back around on that road at night in an industrial area as a woman driving alone so i think that should be granted for that very reason because you can see it it's not like you go past and you got to turn back around come back back here i wouldn't be able to see that i really truly wouldn't what do you say uh well let's do a vote okay okay well that's what you have right now i don't know if this helps at all real smart on using this stuff but is that what i do what i do there put it there but there's kind of a picture approaching the property i know my artwork's pretty lousy but i tried to draw an 80 foot sign there but okay you can you can see you can't even see the billboard in that picture you see it's going down the highway and you're within i don't know what is that 50 yards of the exit ramp and you can't even see the billboard that's on the adjacent property that's kind of why i don't know why i mean ron john's has been paying to be on it for a lot of years but i don't know why because nobody sees it from the westward direction you can see it when you're coming from me sure it's duncan right now what's that i said i'm pretty sure it's duncan right now yeah that's my exit to my home oh oh so you're aware of that good we'll need to give that picture to staff to include it okay all right hack it because of the few staffs yeah thank you i think that was a good picture to really see yeah i mean this is definitely in my opinion the vision like that gives you a visual right right okay miss clemens oh just step to the side let me see is there anyone here that would like to speak to this or against this come to the podium please i see someone coming okay yeah you could just have a seat right there thank you okay oh okay and can you state your name for the record please yes ma'am it's todd okey okay do you swear to tell the truth the whole truth i do thank you um so i'm actually are you for or against uh i'm for okay you're for so with with god be prejudiced um i work for mr moberg i actually operate the property okay so i guess just speaking from experience on some of the concerns that myra had and what you had brought up too as far as a precedent of if we did it here um there's there's three businesses on that road right now currently it's ours there's a bait shop and then there's uh marina um the marina and the bait shop um or one uh they're strictly or i say strictly they're the mainly a local business so a lot of the traffic's local everybody knows they're there they're established if they're looking for a marina it's not you know they're not mines not clouded trying to get to a cruise ship kids screaming in the back and what have you so um our property is a little different where when people are coming they're usually from out of the area they're not familiar with the area so that the sign wouldn't necessarily be something that you know is that is needed for other properties it'd be a hard just to say that that was also uh uh important for their business success um or safety and on the safety side of it um you know one of the problems i've seen personally is numerous times people will pass cut across the median i've let i've taken my truck out and pulled people out of the median on 528 where they've done u-turns um you know we're discount parking everybody is you know they'll do anything to save a dollar including drive around into a u-turn and a median so um the the thing that myra did bring up i was at that that meeting as well was more about if we do it here are we going to be able to you know justify it for other people and you know with the three businesses that are on that road there's really only one that is servicing out of the area people that you know um and one of the other things myra brought up was well you have google and google maps and you know our stance on that was we're also not trying to promote people to be driving looking at their phones trying to find a location so we were just trying to make it something obvious so for what it's worth just first-hand experience so y'all can hear some of that so i appreciate that yes ma'am thank you anybody have anything for him okay thank you for that thank you miss clemens um question for paul is there an option for us to do yes it's up to y'all if you wanted to split the difference you could and get them instead of 45 feet or 80 you could do like a 60. are you fine with having that discussion yes i think there's a variance of you know different heights on my input what's that i i would just approve what they have right here for myra yeah no no no no he is requested from the county correct myra recommended and i understand they're local and they have their concerns their concern about a precedent in my view is rivard county is making the ruling not myra so they're not bound in the future by whatever we decide here today they only recommend it correct interesting and my discussion is again for safety reasons people like you know i think the sign perfect the height is great and leaving the option for the electronic as well for them correct whether they want led lights or not i'm cool taking the high led off yeah i think that's fine i don't believe anybody comes to your parking lot at night if you're parking for cruises so the survey depicts the request for electronics so do i need to exclude that if that's what you're saying that is part of the variance application that would be something that was um myra's request okay all right i make a motion to approve the variance request um limited to the depicted as assigned plans and survey provided by the applicant on the date of 425 2023 and i'd just like to make one correction in there we have to put variance because it's three so i just want to make sure that's noted for the record i make a motion to approve the variances request on the signed plans and survey provided by the applicant with a date of 425 2023 thank you very much one moment one moment yeah we haven't okay okay miss clemens made a motion to approve it mr hoffman made a second now we call for a vote mr hoffman hi sonia i no hi thank you wait wait wait wait okay so that's three to one now we have to read the six points thank you yes oh yeah okay thank you our vote was based on our vote was based on consideration of the following six uh items which you know from that the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the actual zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance grant is the minimum variance that will make possible the reasonable use of the land building or structures the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare and that is right into the record for our previous vote madam chair just go ahead and restate the result of the vote so i'll restate the vote mr hoffman voted yes miss millard voted yes to pass the variance mr humber no said no and miss clement said yes this motion has this variance has passed thank you thank you thank you now you're done now mr body can we have an experience please yes item h3 thomas dawn request variance of chapter 62 article six bavard county code for an accessory structure for a proposed au zoning classification the parcel is currently zoned rr-1 zoning classification the application is 25v 00047 located at tax count number 210-1970 and in district one and again this item also was tabled from the october 15th meeting okay good afternoon may have your name and address please for the record thomas dane 3131 line l road mims florida okay how can we help you today um i'm trying to rezone to au and i think the setbacks are different for au than rr1 and there's a two-car garage that was built with the original building and their original house in 89 and that building is closer than the setback for au i need a variance for that building okay well district one is definitely my district okay so we'll start off with the questioning mr humberg would you like to start i have no questions no questions miss clemens no questions no questions no questions okay so i just want to reiterate let me just make sure we clear so you're just up here today because you want to rezone to au to au your two-car garage correct well the whole property will get rezoned to au but from my understanding the setbacks for au are different than the setbacks for rr1 that's not correct they still require 15 feet for the rr1 as well as the au for an accessory structure off the side and rear property lines okay okay we have one question now thank you sure okay so you're getting closer to the property line in the rear of your house is that correct i'm looking at the photo so i'm trying to so let me just start out by saying that i'm not trying to build a building no i understand you're trying to legitimize the one that's there correct okay and it's the i'm looking at this okay yeah yeah it's um it's the one that looks like the garage yeah it's a two-car garage okay who is behind you i can't tell from this picture um i honestly don't know her i don't know that is it a pasture is um it's a five acre lot it's a house it's a residential home um but it's it's a five acre lot like her home is not close to that property line at all all all right so it wouldn't be impeded any no all right no that's my question okay well i have no questions it's very clear cut so we like to make a motion i'm sorry oh i'm sorry let me check with the audience i apologize is there anyone in the audience that's here to oppose or speak towards this variance can you come forward seeing none come back sir okay anybody like to make a motion to approve i make a motion to approve the variance as depicted on the survey all right okay miss clemmons make a motion provided by the applicant with a date of 6 30 20 25 then i'll second we have a motion to approve by miss clemmons we have a second by mr humber and now we're going to do the six points can you please please read off on the email for discussion do we have any discussion no discussion no discussion thank you that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification two that special conditions and circumstances do not result from the actions of the applicant three that granting the variance requests that will not confer to the applicant any special privilege that is denied by the provisions of this chapter or other lands buildings or structures in the identical zoning classification four the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant five the variance granted is the minimum variance that will make possible a reasonable use of the land building and structure six that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare i agree we have a motion to approve by miss clemmons a second by mr humber individual votes again vote aye aye aye your barriers have passed thank you very much you're welcome can we have our next next variance please yes item h4 michael patrick lamoni and christine nicole quattro request variance chapter 62 article 6 bovard county code for the fence height and an eu-2 zoning classification applications 25v 00051 located at tax count number 3021729 in district 2 okay good afternoon good afternoon can i have your name and address for the record please michael lamoni 49 just step into the mic michael lamoni 4905 hebron drive merritt island okay do you swear to tell the truth i do thank you how can we help you today yeah good afternoon members of the board i'm here today to request a variance to increase the proposed fence height within the side street setback of my yard from four feet to six feet being on a corner lot my side yard is contiguous to my neighbor's key lot that is less than 100 feet and width across their front yard therefore i'm subject to a 25 foot side street setback where my fence must drop to four feet in height at least 25 feet from the side property line before i can continue any closer to the street as it stands i would not be able to extend the six foot fence even two feet past the west side of my home therefore leaving the side yard exposed and unsecured the hope for this variance is to erect a six foot fence that will not only be consistent with the rest of the the neighborhood's fences that will provide my young family with a full usable outdoor space that promotes privacy security and ultimately safety my wife and i we welcomed our five-month-old son into the world this past june and we would love to ride him along with our one-year-old golden retriever a yard that encourages them to play openly and freely in an environment that remains safe i've spoken with several of my neighbors about my project and i've obtained letters of support i like to note that one of these letters is from my neighbors with the key lot robert and deborah duncan who reside at 4863 shanick avenue mr and mrs duncan have expressed to me their full support of my fence and i cannot be more appreciative along with the support from my neighbors i want to ensure that my fence does not create any issues for motorists traversing either on hebron drive or shanick avenue with my limited knowledge understanding of sight line distances and sight line or and sight distance triangles i believe that my proposed fence shall not create any sight deficiencies and does satisfy minimum standards as described with an f dot screen book and brevard county ordinances my situation is rather unique within my community while there is another corner property with a key lot behind them this key lot does exceed the hundred foot property with rule thus allowing the corner property to construct a six foot fence without any side street setbacks the two properties are 4740 hebron drive and their key lot of 266 norwich street while the key lot on norwich is over 100 feet in width the driveway placement does not seem to be taken into consideration using google maps to measure i collected a distance of 49 feet between their driveway and the hebron norwich corner lots backyard property line i then did the same for my situation and i received a measurement of about 44 feet between the duncan's driveway and my rear property line while this distance is only a few feet less it raises the question of if my neighbors had more property on the south side of their home that resulted in a total property with exceeding 100 feet yet their house and driver placement remained unchanged then would i not have to deal with any side street setbacks for my fence another comparison to be made is that the other property exists along a curved roadway which with the existing fence can create a blind spot for motorists traversing either direction on norwich street my situation exists on a straight roadway that leads to a t intersection there are no curves that would create similar blind spots finally as many properties within my neighborhood have their side yard fence about about their sidewalk my fence will still maintain a side shoot setback of a few feet to provide additional visibility for not only the duncan's but for all their motorists too with that i want to thank the board for taking the time to consider my variance application i look forward to answering any questions you may have okay thank you i see we in district two miss clemmings me well i had the opportunity to visit the property so i'm very clear about what he's requesting and i don't see any issues at all with it or have any concerns okay mr humber no i'll go along with my honored colleague here i have nothing to say mr hoffman any questions just a quick one um you're extending the existing fence out towards the side street so right now we do not have a fence at all um both my neighbor and my neighbor to the east do have fences so our plan is to enclose our entire yard um pretty much we worked with a contractor he submitted the uh application of the permits and that's when we discovered this setback rule so the plan would be to fully enclose the yard and extend that six foot fence all the way out okay so you're putting up a you're essentially putting up a whole new correct fence the whole distance okay and you're asking for six foot high i notice that it's on the property line which is pretty common between neighbors you know i'll step back on that so okay okay mr humber just a quick question what kind of fence is it it'll be a six foot uh white pvc privacy like the other ones right correct okay okay and i have no questions um now i'm going to check with the audience you can just step aside so anyone here opposing or in favor of this variance can you come to the podium now please okay seeing none come back okay what motion would you like to make miss clements i make a motion to approve the variance request as depicted on the survey provided by the applicant with the date of 8 21 2025. i'll second we have a motion by miss clements to approve a second by mr humber now we'll read the six points would you like to leave miss clements let me read thank you yeah i got it okay that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter 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 properties and the identical zoning classification under the provisions of the chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare okay so we have a motion to approve a second we'll do an individualized vote now i vote aye i vote aye aye your variants have passed thank you thank you and a quick question for y'all yes uh for the signage in our yard for the variance do i remove that does the county come by to remove that staff staff staff question you can remove it i'm allowed to remove it okay yes thank you thank you wait till the meeting was over just wait till you're you're approved now you can move it remove it okay may we have our next variance please yes item h5 michael gordon lewis request variance of chapter 62 article 6 brevard county code for a primary structure and an er-1 zoning classification application is 25v 00058 located at tax count number 2317375 in district one okay good afternoon may i have your name and address for the record please michael gordon lewis 1980 admiralty boulevard rockledge florida okay do you swear to tell the truth i do okay how can we help you today mine's kind of simple i just want to legitimize a mobile home existing mobile home that's into a a setback by a foot and one foot 1.9 feet into the setback the side setback if i can legitimize that that's what we're trying to do okay well i see you in district one and that's my district hello so we'll start off with a few questions so again i just heard you say you have a mobile home and it's just a setback correct a side setback i'm a foot i think 1.9 feet into the seven and a half foot setback say that again a little in the right i like one foot nine or 1.9 feet into a seven and a half foot side setback and this is a single family mobile home yes it is yes and are your neighbors opposing anything with this no neighbors opposed it's existing okay okay that's my question mr um is the whole property enclosed with the fence i see that you're reducing the front yeah the front's been reduced yeah it goes around the front it's down to four feet around the front of the property does the fence go around the back or just across the front the neighbor's fences on the back every neighbor has a side of a fence so it's it's one of them it's a tight it's a small little slot of the property and everybody has a little piece of fence i think i got half the fence my back guy has half the back fence okay it's a shared fence yes shared defense yes okay mr humber no no questions miss clemens no questions okay any more questions from you okay now let me just ask the audience just step to the side for a moment is there anyone here that would like to speak to this variance either yay or nay seeing none come back okay who'd like to make the motion for me i'd like to make a motion to approve the variance as depicted um on the survey provided by the applicant with the revision date of 8 25 2025. okay we have approval bob is clemmings do we have a second yeah i'll second mr hoffman second okay miss clemens can you read the six points for me please yes i apologize i'm checking out that the special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that the that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to any other lands building structures in the identical zoning zoning classification that the literal enforcement of the provisions of this chapter would deprive the applicants of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make it possible make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare okay we have a mo we have a motion to approve by miss clemmings and we have a second by mr hoffman we'll do an individualized vote i vote aye aye hi okay and just to make sure that we clear we're doing it just picked by the survey of what date 8 25 2025 okay thank you your barriers have been approved all right thank you very much i appreciate our next variance please yes item h6 robert and lavena g neumann request six variances chapter 62 article 6 bevard county code for an accessory structure with the lot width and a lot size and a gu zoning classification application is 25v 00060 located at tax count number 2400956 in district one okay good afternoon can you state for the record your name and address please it's robert neiman 44 45 seneca avenue coco flora okay do you swear to tell the truth the whole truth i do okay how can we help you i'm sorry are you coming up with him hopefully not oh you can have a seat then okay go ahead sir uh this past august we put our home on the market this past august you did what we put our home on the market okay and the we accepted an offer and during the buyer's due diligence their mortgage agent realized that it was zoned it didn't meet the site requirements for the zoning that it was in so our realtor talked to george ritchie in the planning office and their decision was to apply for a variance for the width and depth of the lot so in the process of doing that in working with uh miss desiree jackson just speaking to the mic so i can hear you i'm sorry sorry well you can pull it yeah touch it yeah come back to me working with miss jackson in submitting the paperwork she asked that we add a couple more items based on the survey okay so we worked through that and added in at the end it came up to six total variances so we have six variances right so the the lot size and one of the metal buildings was that way when we bought the property in 1999 and it wasn't brought up then so we were a little confused as to why it wasn't brought up then but accepted and if you look at the lot plan for that area there are several lots that would be non-compliant apparently because they none of those will meet the restrictions the workshop on the south side of the property we had installed a year after we moved in by a local company out of melbourne they did the entire thing so we had no idea that it was out of compliance and no reason to believe so because we we paid them to do it the last variance was recommended by miss jackson after looking at the survey and that's not a permanent structure it's actually like a temporary thing that you would put up it's it's not mounted to the ground or anything like that it's just a tarp on a metal frame it's a big metal frame but it's still it can be moved when i brought that up with mr ritchie he agreed that it wasn't a structure but he said well i would just move it if i were you i said well i've already submitted it based on the recommendations from the office so i don't know what to do with that right now okay and we've already moved so we're up in the panhandle now so you moved and left these this premises correct yes ma'am okay so now you're here to ensure that it is legitimized is that what you're trying to do yes ma'am they can't actually close we've had a contract now for four months they can't close until the zoning issue okay is taken care of would you like to start off with the questioning yeah it appears to me that you know there's a five acre lot size and we're cutting it down to one acre i think that's just an old zoning regulation that applied or was changed after this property was developed same thing goes with the lot widths i think this is just legitimizing something that went out of compliance once the zoning regulations change later same with probably a lot of these setbacks and stuff so since the property's been there and nobody's complaining um i just don't see any any problems with it um i'm pretty sure that your buyers in favor of all of these changes to the well it's in the contract for all the structures that are on the property um and there's there's no advantage to being gu versus any of the other zoning restrictions everybody out in canaveral groves either has a bunch of toys or livestock if you drive through the neighborhood they appreciate the the quietness about it so this is in coco is it downtown coco no sir it's it's actually in canaveral groves uh on the island or if you look um north north of 528 and north of 528 east of 95 yeah okay it's in a very rural area um okay no no more questions okay mr humbert oh i have a couple if you don't mind sure how long have you been in the house uh a little over 26 years have you uh created any additional structures on the lot during that period we've rebuilt some stuff and moved the uh pool it was an above ground pool when we bought the house so you put the pool in right no no no we just moved it oh i just moved it okay and nothing else on the lot where you had to get a permit or anything well i said we had the workshop we purchased that from a melbourne company office sarno long since gone out of business and they installed it as part of the purchase and then we bought that temporary shelter for boats and put that on the lot but it's not anchored to anything so nothing that's happened over the span of your lifetime in this uh in this lot where you needed a permit or had to change any variance not that i'm aware of no so was everything was like it is when you bought it correct yes okay no the front building is what you added in 2000 correct correct that's the building the trees got a lot bigger that was my question that's not why wasn't this addressed or then there just wasn't a permit pulled for that structure i really have no idea we bought it and the installation was part of the package and okay we've just been using it all right thank you same that was my question my question was whether the structure was permitted that he added in 2000 and clearly it wasn't there's no open code violations or anything no there isn't okay okay so i'm going to just reiterate bear with me six requests and this is the backyard correct that's the entire that's just a lot all of this you have moved off the premises that's looking north yes that's looking north and all you're trying to do now is help the buyers who's trying to buy this property yes legitimize the zoning okay and we have a contract on the house correct yes sir okay yeah we've been extending it waiting for this meeting to occur yeah okay okay who'd like to make a motion i make a motion that we approve this application all uh six requests within one motion as depicted on the survey dated nine three is it what nine three 25 2005 2005. do we have a second a second okay so we have a motion on the table did we check the audience i'm sorry did we check i'm going to pull them right now okay okay but i was just going to say we had a motion on the table by mr hoffman and a second by miss clemmings okay now can you step to the side please is there anyone in the audience that would like to speak towards this variance for yay or nay anyone seeing none come back again i'll just repeat we have a motion on the table to approve by mr hoffman a second that's miss clemmings correct you seconded miss clemmings and now we'll read this there's the opposing letter here okay hold on we do have an opposing letter from and is that a neighbor on that opposing letter is the neighbor here by chance but no one came up no no that's all right they sent a letter yeah so we'd just like to put that in the record that we have an opposing letter okay any discussion okay we have a discussion now and now i have a discussion okay um the the crux to this um as i'm reading it real quickly here seems to be the temporary structure it looks like a canvas structure on yes sir um is it possible for that to be removed or is that part of your sale it's in the contract so i'd have to talk to the buyer to confirm that it is absolutely possible for it to be removed you said it wasn't uh nailed down or anything no it's it's just mounted to uh railroad ties sitting on the ground i would want to take that into consideration but my confusion is i i just saw that this morning we've been neighbors with them for 20 years and this is the first time i've had any negative interaction with them regarding that structure it could have easily been resolved when we discussed us moving five months ago i'd like to amend my motion okay um hasn't been cleared yet oh i still want to amend what i'm putting i i would like to remove uh approval of the uh temporary uh canvas structure and the adjacent shed which they're also what you said was not permitted that adjacent shed was part of the purchase when we bought the house 26 years ago it was there when they built their house they built their house after we moved in there was a vacant lot when we moved in the neighbors that are complaining yes sir and it's just a lawnmower shed so i'm really confused as to why it's such a big deal now sounds like you need a fence there's a chain link fence there a privacy which we listen to their dogs through yes okay so let's discuss this one more moment so this neighbor's opposing because um of this structure right they're saying it's been in a view it's ugly you know they can't see blah blah so my question to you before we go further could you remove that we could have it removed yes are you willing to do that i am i i see some hesitation no no i just need to notify the buyer which i have a signed contract with okay that it's part of that contract oh they want this well they wanted everything that we were leaving that you had okay so gotcha okay so how's that how does that work legal can we put that in our motion or what we can he he may have to amend his contract okay but you can you know and i don't know which variance that was but yeah i may need some help on identifying which of these six are related to the shed in the uh canvas structure there's two of them on the north side that was stated and then there's two of them on the south side that had variances so it's the ones two to the north that have the neighbor upset i'm just when i make my motion i want to say we're approving one two three spot six but not four or five trying to figure out which one the canvas would be five and six five and six five and six are the ones that okay so it's the fifth and six which one are so that the little shed is a it's mount on a foundation which variant says five and six are the ones on the north that are in question yes okay which one of those is the structures yeah the sphere and the other corrupt should but if he wants to single out the sphere the temporary structure number is that two number five and number six variance requests okay that's what it is it gets a little bureaucratic so is it this particular the other one is number three and number four or for the south side seven street setback i would say number six is for the dome should be because that's the last thing that miss jackson jackson well it's the closest to the property line do you have any i have a question do you have any idea what the buyer's plan is for that dome i i go ahead oh well apparently they have a jeep that they plan to park in there do they plan on re-covering it with a new tarp i don't know that can i make a motion yes okay and just for clarification you know um removal is not at issue it's just question that you're potentially not going to approve those two variances now your buyer now has a potential problem if they don't want to remove them they either have to come back before the board or you know address it in some manner so would that be a um enforcement well now that it's on record that there is a uh you know an issue that hasn't been resolved by variants yeah it's a potential code enforcement issue the future buyer would not be able to apply for the same variances as you are you have to apply for us different variances and setbacks you cannot apply for the same variances good to know so what's the solution so at this point you know you're considering whether to improve to approve or not approve the variances as presented now five and six you know you want to reject then you'll have to make your motion you know specific to the other four but like i said we're not addressing removal it's just prove or not approve as presented okay all right i'll make a motion that we um uh variance request numbers one two three and four and do not within the same motion do not approve uh items five and six within this uh variance application the partial approvals as depicted on the survey uh dated 9 305 okay okay do we have a second i second okay and i lost track did we check with the audience if there's any oh i mean we did reach yeah i did check with the audience but let me recheck is there anybody in the audience that would like to speak to this variant nay or yay see you none come back we have the letter of disapproval and that came from a neighbor richard and celine bronze okay so we have a motion on the table to approve variants number one two and three to disapprove one two three four to disapprove five and six we have a second by miss clements individualized vote mr hoffman vote yes for one two three four the motion as as presented which is one two three four rejecting five and six okay i agree with that ditto i have a question before i think it's mostly for you uh this is kind of a catch 22 here i mean if you really read this either one if we deny it cancels out the entire variance because this is like a set variance one big variance with six a through g that this gentleman needs to go to a closing now if we cancel one or we disregard one it cancels the entire six of them not following your logic i'm saying any of these variances for this gentleman these six together make one if you cancel one with inside the six all of them are no good to this gentleman no that's not true you're approving and four and you're not approving five and six which are setback distances to the north to accessory structures each variance stands alone you know what i'm saying right i i do yeah yeah that's not true at all you're not saying it correctly then that it cancels all of them no you don't understand what forget it just leave it go and i'll vote no for it so wait let me ask you this um and i know you said leave it go so are you saying he cannot sell his house because we're denying two of them is that what you're thinking is that your thinking it depends on i have no understanding of variance so it depends on the interpretation of a single variance exactly sorry with denials and i think the biggest thing was the set um the lot size the loan mortgage company did not want to loan money to something that was not meeting the zoning requirements for the lot size and it is not a non-conforming lot and then these other structures came up on it whenever he was applying for the variance and noticed that they did not meet setbacks so they needed to be taken care of also during the same application because they show up on the survey that was provided not meeting setbacks okay thank you for that clarification we read it after no before no we were still trying to go down the motion and see if everybody approved that that's why you read them before okay whichever way you want no that's fine it's just this minor point okay so mr humber no you know it's approved okay miss clemmens i approve variance requests one through four and deny five and six okay now we're going to read the six points let me do that yeah thank you um that special conditions and circumstances excuse me did you get a second on that yes okay yeah miss clemmens was the second yes okay thank you you had a second yes 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 the granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to public welfare and after hearing those six points i want to reiterate that we have a motion on the floor to approve this variance for variants one two three and four and that's been approved by mr hoffman miss millard and miss clemmings it's been disapproved by mr humberg he voted no am i correct say yes yes okay so this variance passed did did everyone vote or did you just have discussion we had a discussion we had a discussion we had a discussion and i was summing up how everybody voted so we're going to do individualized vote now okay mr hoffman i may have just missed it but i didn't hear that's okay go ahead we'll do it again for the record mr hoffman say it again one two three four you approve yeah i approve the motion that says one through four and denies five and six i approve the motion for one two three four i deny five and six no for all of them i make a motion to approve one through four and deny five and six this variants have passed for one two three four and been denied for five and six thank you thank you okay mr brody our next one please yes who are in my name oh sorry am i saying oh what did i say oh that's okay item eight seven laughing clown llc request two variances chapter 62 article 6 levard county code for principal structure and an accessory structure and a proposed bu-1-a zoning classification the parcel is currently zoned rp zoning and this is variance application 25v 00064 located at tax account number 2806925 in district 5. good afternoon good afternoon my name is uh clayton bennett um your address please 4940 ranch lane road melbourne florida 32934 and do you swear to tell the truth yes thank you are you going to speak as well uh i don't know if i need to put your name for the record in your address please my name is stephen kelly my address is 3775 healed road melbourne florida okay do you swear to tell the truth yes thank you present your case please yes we're here today to request two variances and therefore uh side setbacks and it's associated with a property that's in the process of uh being rezoned um the owner of the property had initially just a little louder in the mic please sure the owner of the property originally understood and was conveyed from the zoning department that retail uh use was permitted um they spent money renovating the property ready to open and uh found out that um no that the zoning wasn't allowed they were issued a business tax receipt so they operated on uh moving forward with that retail cell but the county has come back and said that no uh general retail is not permitted within the uh rp zoning and so we filed for an application to go with the bu1a zoning uh the property is on menton road this is a major roadway that uh north south roadway there in um the west melbourne palm bay area you would expect that there would be um you know more of a business use along a um this this type of roadway a few things that um i'd like to point out on the particular property there on the zoning is is one is the variances to legitimize the uh existing structures that are there one being the main principal structure uh that's along the south property line and uh the reason why that's needed is the setback changes from the rp zoning to the bu1a zoning and uh so a setback uh variance is needed there and along the south property line there there is an existing um wood fence that that does provide for a buffer i'd like to also point out that the entrance to the building is up towards the middle you know north there is you know you're not going to have uh retail coming around the side to to enter uh the other variances for the back there is a shed back there and uh it doesn't meet this required setback for the bu1a setback for um the side setback but there's a existing power pole there so it can't really slide south that there's the the power pole obstructing that so we're seeking those two variances um the owners here and i'm going to let him speak a little bit uh kind of given the history of how we got to this point and uh that this wasn't a self-created type of variance issue okay thank you okay um i have a photo of the the side of the house to see my bald spot from that tv no but where's the picture we can't see the picture do i have to hit something oh there you go okay so that's there's already a six foot fence there and i also um i have no issue with putting shrubs or anything up as well if that would help as well um the the history of this property is um i live off of heel road and i own a couple properties on heel road i also own a uh a local business and air conditioning business um in bovard county i was born here i bought this property three years ago because it was a good deal and it was a doctor's office before that so it was a doctor's office for a little over 20 years with the parking lot and everything so i i bought it we did a little renovation on it and then we put it on the market and um i have a i have a 21 year old son who i've done everything with my you know since he was born as we know children come into our lives they kind of changed the course of everything so he came to me while this house this property was on sale and we actually had a full price offer on the table and he said dad let's open up a card store and vintage toys because it's something that growing up he's always done with me i did with my grandfather so it's just one of those things so i said that's a great idea let me call the county so i called the county and i spoke to the front desk i believe his name's jim or james he sits up front there and he helps super helpful guy and i spoke to him on the phone and uh i told him what i wanted to do and he said he said yeah you should be good with that just turn in your paperwork for your business retail tax receipt so we turned it in and we waited i'm not gonna lie it was a two two weeks of sweating it out because you don't know what what's gonna say so we were awarded this business tax receipt so at that point we proceeded to buy product by alarm systems camera systems and when i mean product i mean we filled that place with products so we spent a substantial amount of money and after about a month of running like this with an opening date we'd had signs out front and everything all of a sudden i get a phone call from the i don't even know if it was from zoning or whether it was from the licensing board but they car the the taxpayers whoever gave me the tax i think the last lady's name i spoke to was alice and she said we made a mistake you need to close your business and i said i said hold on a second i said we didn't make a mistake i said people make mistakes all the time i do it every day i'm it's imperfect that human beings can get i said but we need to come up with a remedy to this and she said if you say you live there because mr de santos passed some law during covid you can operate your retail business out of it and we can't prove you don't live there and i said okay and she said but you'll hear back from me so a month went by and i heard nothing and we continued to move forward we had social media we were getting ready open so i just assumed i was left alone on it nobody revoked my retail tax receipt or anything um at that point we get a phone call from the i think it was john or i can't think his name is he was the actual inspector uh code enforcement guy so i call him because my son was there and he was kind of in a panic and i call him and he says hey you you gotta you can't do this you gotta have the zoning change you have a complaint and so at this point as you can imagine we've invested a lot of time we've invested a lot of resources and to be quite honest with you it's it's it's been it's been an emotional thing a ride the the other business i own it's it's florida breeze air conditioning i have over 100 employees i've been here in bevard county open for 17 years so i'm very familiar we put lots of permits we do we do a lot of stuff so i'm very familiar with with with a lot of things so to me this was a shock because i'm not gonna lie to you i love my county if you go out to my jeep it says bevard county on the license plate it doesn't say sunshine state because my mom was born here in 54 my grandparents moved up here from west palm after the war so to me this was the first it's been very unpleasant it's been very tough and it's we just we want to help the be be part of the community um my other company sponsors all the local schools in the melbourne area and even all the way up here into viera um so we're very involved in the community my wife was a teacher for 14 years at meadow lane i retired her basically because she's smarter than me and as my business became more successful i said i'm going to mess this up if i don't have the brains of this operation you know in here with it so that's just a little bit about me i know it's got more it's bigger than that i i get it but that's just how we ended up here this wasn't me maliciously setting out to buy a building put a business in and not ask any questions and just roll forward and think that i could do whatever i wanted thank you for for giving us the back story we appreciate that so this is in district three mr hoffman district five i mean i'm sorry just okay you're going to i'm sorry um i i didn't stop but i i drive by that property almost every day um not in the five to seven yeah traffic you need signage um i'm gonna make it almost a joke you put up the wrong picture you should have put up the no no no you should have put up the picture of three or four properties that are right adjacent to it because what you have is exactly what is in that that that row of of um businesses to be recycled at this point but i i looked and saw the uh the uh configuration of your setbacks and stuff and there's nothing here that's invariance with with anything else in that neighborhood um and you answered my first question was what is laughing cow laughing clown and so so my business i i want to tell you okay so my business is uh we life is about moments in in in humor so have you ever my business is owned by an llc called idiocracy that was a movie that came out 20 years ago that's actually where crocs came from was idiocracy so laughing clown when we were trying to do the llc one of our favorite actors is will ferrell and one of our favorite movies is talladega knights his first sponsor of his first race car was laughing clown malt liquor so that's where laughing clown came from had i known it was getting it up in front of a variance board i would absolutely not have named it laughing clown because you guys got to be like what is going on here but that's where laughing clown came from we just try to be different you have a niche name um no i um you answered all the questions that i needed to ask when you did your presentation okay um so no more questions in that okay i have no questions no questions okay let me just see if there's anybody here in the audience to oppose or to speak towards this yay or nay come back mr hoffman yeah um i make a motion that we uh accept both uh variance uh items one and two for these side setbacks as depicted on the survey oh my goodness dated 6 30 6 30 6 30 uh 25 so we have a second i second can we read any other discussion any other discussion did we ask the audience we did i actually thank you all right i'll be happy to read the six questions thank you so in uh in considering your vote the board members should consider these following six items 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 in the identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance grant is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare okay so we have a motion to approve by mr hoffman a second by miss clemmings we do individualized votes mr hoffman i vote aye i vote aye hi your variants have passed thank you thank you i'm going to go cry in the parking lot thanks no laugh and mr bode please excuse me if i'm pronouncing your name wrong mr bode that's okay okay bode our next one please yes item number h8 richard w and rita b green request five variances of chapter 62 article 6 bevard county code for an existing principal structure and a proposed principal structure and an accessory structure in an ru-2-10 zoning classification applications 25v 00065 located at tax count number 243-5779 in district 2 good afternoon good afternoon my question was answered that two people can come up at the same time okay can you both state your name for the record and your address and then i'll swear you both in i'm rita green and my address is 2680 rocky point road malabar okay sir right into the mic please my name is uh richard w green the same address 2680 rocky point malabar florida okay so you both swear to tell the truth the whole truth and nothing but the truth yes thank you so much how can we help you today well i'd like to give a little timeline okay my husband says i give too much history but um house at 20 to 26 mckinley has been in in the family since 1968 um in 1968 my former husband and i bought the house we raised five daughters there and in 1995 when we became when we divorced he retained ownership of the house and i turned over custody of the house to him in 1923 he passed away and his wife he had remarried his wife at the time did not want to remain in the house my five daughters who grew up there on mckinley avenue were really not wanting to let go of the property so they made an offer and it was accepted to their stepmother to buy that her out in the house they live in the states of virginia arizona where else montana and even one here in orlando so they wanted to retain the house as a place they could come and visit and be here uh we they determined that they would set it up as an airbnb to be able to do that and when we weren't there in order to have maintenance going on and have the house used they set it up to do airbnb which they began in about 2024 and have been doing that for about a year after a year they realized they really couldn't maintain it with the five daughters one of two of them took financial responsibility for it and they've all got big family or growing families they have responsibilities they live elsewhere and they came to us and asked us would we be able to help them retain ownership of this house we said sure we we we didn't say sure right away but eventually we said sure and uh we took ownership in august of this year the girls had talked about making an adjustment changing out the former garage into an additional adu and when we talked about it and took ownership we said you know that's not a bad idea i don't know how many of you have five daughters with families but when five daughters have families and they grow you put them in a house together you really want to live somewhere else so we said why don't we take the shop building which has been there since i first saw the property in 1968 and turn it into an adu because this property is zoned ru 210 uh and we began to look at the plans and plan for that when we started down and started to we actually took ownership in august and started to look at how we are going to make that happen my husband contacted to get building permits and that's when we said well you have to go to zoning first and it wasn't until july no actually we we took ownership august 8th and august 11th we sat down with desiree jackson and then desiree opened our eyes to all the things we needed to do as far as zoning permits one of the five variances had to do with the distance from the street to the front of the house it hadn't changed in 60 years there's no additional structures but that may have been grandfathered because they put in a paved road on mckinley avenue and now it's six inches short of the 20 26 foot setback 25 foot setback every other structure on that property has been there for 16 years or more there was a roof extension over from the carport over a patio on the side uh in my packet there are pictures that show that extension was done in 2009 um i wasn't there i don't know anything about it i don't know if they got it permitted but they extended that roof out over a patio the building that is a shop when i moved in there it was a shop it was uh it was a nice building it was being used as a shop it was a bigger building that currently exists on the property in 2008 or 9 they tore down the building because of storm damage and rebuilt it and they left the pad on the end and put a storage shed there and then uh we looked at extending the building we said you know if that building was as long as it originally was it would be the right size for this adu so we started to look at that we took the roof off of the storage room and extended the roof out over that we got ahead of ourselves we admit we got ahead of ourselves a little bit uh because we hadn't done this kind of project looking more at what was going on over the years on the property and the place looks better now than it has ever looked in 60 years okay so um that's what we're here for today to talk about these variances i know that we had some objections i know we had an objection uh that we've read just received today from the uh cleveland avenue uh condo association back there and they had lodged a complaint about work going on in the back there's a fence line between us and them it's their fence sits on our property uh and they complained about the work being attached to the fence and sent us a notice in august we responded immediately said we'll take it down we'll repair the fence but you do know your fence is on our property we also started to work on a shed building to move stuff from the shop to get ready to work on the adu and we had a builder a guy come in to do some work to make this shed building um he got over enthusiastic about trying to fit everything from the shop into the shed and we thought that we had a limited shed going up that would allow us to not have to file for a building permit he did a bigger building and we do need a building permit for that so that is the last two of our variances are for that shed that we've added on back there the others all have to do with turning that into a building where we can go up there and stay when the daughters are visiting without having to be in the house i'm back in that house so i'd like to go and visit with the family when they're here okay can so thank you may i just yes sir can i have some uh i would like to say when we uh when we got notified uh by the county uh relative to what we had done which was tied to the uh condo association in the back i immediately contacted that person and i uh and i don't have the letter here what have you from a woman and i said look we did this and we we required the villa to make sure that they stayed within the square footage of not requiring a permit just so we can move all this stuff out i said however rather than go forward with any other action we are already in discussions with zoning because we thought we would just go and ask for building permits found out that we had to go to zoning um naive went to zoning to desiree and then we got into all these variants of of the existing structures having all these setback requirements it started out with three wound up with eight then it came back down to seven uh they've corrected that and said one of the setbacks is not an issue so the problem is relative to that the county citation or whatever you call it my immediate action was to respond my immediate access said there's no sense me doing anything until i find out what zoning is truly requiring and at that point in time whatever we have to do to make sure we're in compliance we're doing it we are not outside of building this shed we are only utilizing the existing structures we are not changing the configuration the dimensions and the else and that required the so-called adu which we didn't realize at the time so just wanted to add that so thank you before we go any further i'd just like to say i know this is in district two correct um miss clemmings but mr bode i just would like to say um just help me out here i see on the paper i have down five variants and then on this other paper it says seven so how many variants is it i'm only five different variants five not seven yes okay so someone hand did y'all notice that wrote in seven variants down here did y'all see that or did anybody read that's in the script okay i just want to make sure we're dealing with five today i want to point that out miss clemmens you can you could start in your district please so you keep referring to the shed is that the shed that was installed in 2025 yes yes that's the shed the the bigger building is soon to be turned into an adu no the bigger building is the shop or the you can call it a shop or a garage because that's really about the size of it we're taking that existing we're taking that existing structure and making it into the adu for our personal use not not part of the airbnb system i just want to make sure i understand this is the structure that you're referring to as the shop yes correct correct and then there are two additional sheds that were installed january 2025 no no one one just one in in august what we what we had when we got into the discussions with zoning is our daughter who had bought the house uh for all of my wife explained had a survey done and uh at that point because we weren't making the conversion to the adu there was no issues and of that survey so we took the survey got a hold of a copy of it but in trying to get it into zoning uh relative to setbacks the stamp couldn't come through the electronically and there was a bunch of stuff relative to the survey which then would point out all these setbacks so then we had to go back and we went back to the survey company that did the survey and said look uh desiree had asked that their uh one of the dimensions missing was the existing carport extended carport to the property on the on the west side um which has been there for years and years and years uh has no dimension on the drawing so we had to get the survey then to come back and measure that that uh distance from that carport extension that's been there for since 2010 what year was that survey done sorry what serve what's this year this year the survey yeah yeah we just we did it during this time span that we did the close that before after the addition of the shed uh it was uh the original that we got that we were submitting was pre the shed but you were the one that i did after included the shed so what you see in the survey that we submitted that in turn the stamps could be shown and that got into a whole fiasco mess of that uh that does show the shed that we built in in 2025 and the setbacks and that so you're saying there's two surveys so you're saying there's two surveys now no no no your daughter did a survey yes two years ago the survey was done but in doing that survey uh according to desiree the you had to get the variances for the setbacks the setback conditions that have existed for i'm not confused about that part i'm so we had to go back because she wanted that dimension that dimension from the original for the extended carport to the neighbor on the west we had to go back and get a whole new survey to for that dimension well you had to get a new survey because you added an accessory structure that wasn't supposed to be no no no it wasn't done that that wasn't the reason we did the survey go ahead and let me try and clarify we tried and when we first went in to talk with desiree we brought a survey that where our daughter had done when she bought the property in 2023 there were missing things on that in our conversation with desiree so we went back to the survey company they did an additional survey you should only have one in the package and it was the final survey that we had done when we brought the new survey into desiree she still was missing one dimension so we went back and got the surveyor out there one more time and what's in your package should be that third survey that shows we did add the the shed out in the back but it now had all the dimensions she was looking for and that's what we submitted was the need to go see desiree for the original request for the adu or you had already yes for the original request for the adu is that out of reaction or was that we went to the building by a phone call to get permits did you move forward on the adu without permission from the county yes i actually did okay what we started with was just finding ways inside of the building to clear it out and try to look at what we were going to do with it but yes we did start on it is the property currently occupying or operating as an airbnb the front of the house is yes what's the size of the front of the house the front of the house the main home it is four five bedrooms and i'm not sure about the square footage yeah i don't know we provided that all in the surveys and the documents that we submitted square footage okay it is under it is under 2600 square feet i think i think it's yeah down to 2000 i know one of the one of the processes we had to go through was how much land was available and we were we were well within that limit we had 40 percent even with with uh with the with the adu yeah all that guidelines accurate yeah i did the calculations make sure that they had enough uh for footage of the property for two units they do and also it wasn't over the 40 percent so the adu they're requesting falls within the guidelines for the county no that's one of the things they're needing setbacks for it doesn't meet the side setback the setbacks but not the size the setbacks they need the variance but not the size like not the size no they um also needed a separation distance supposed to be 15 feet between principal structures okay it's 9.9 okay yeah it's not the full length of the two structures but one portion of the structures overlap final question um do you have plans to use the adu as an airbnb as well no no it is our strictly first it's for us to be able to go up there for the main house um if we want to go up there because the way we and the daughters have agreed to set this up as an airbnb and everybody has different opinions about how clean their clean is so we've said anybody who goes in there is going to have to pay the cleaning fees we don't want any family arguments on the main house if they're using the main house and the daughters do they come and visit in the summer sometimes they were here in october that's fine but that doesn't apply so but they pay the cleaning fees we said we don't want to go up there because we have a home in froid county we want to go up there and be able to stay near the beach we said we would like to use that adu for us when we go up there so we would use the adu as our and then we're not going to pay a big cleaning fee because it's our house okay no questions mr hoffman yes um talking here about setbacks and square footage of buildings and stuff and a lot of these letters of oppose and support are talking about the use of the building rather than the location of it on the property and so i'm kind of discounting a little bit of that i am looking at the pictures and also the survey and trying to determine the one side structure to the i can't tell from the survey um i guess it's to the west yeah the one structure looks like it comes up near to the fence line and that was one of the setback uh issues on the house or the adu uh on the house if if you win the driveway there is the cover and a shed and that shed looks like it's close to the property line yes which is one of the variances i refer to that as the extended carport okay the extended carport what is the carport because when i look at the survey it says covered and covered makes it look like two separate structures it's not two separate structures again this this was all existing things for years so what uh a reader and husband had originally uh done is they built the house and that original carport is actually part of the structure okay and and with zoning we tried to again always dealt with desert we tried to get clarification because that was uh confusing to us and confusing to my to uh to them as to is that considered part of the square footage and other issues the carport that was extended out has been there 2009 the extension was put on that carport we have not done anything with that is it freestanding or is it connected to the are the are the two connected yes yeah they are connected in the and it's a contiguous uh roof line we had the house re-roofed under permits and that roof line is all one roof line that comes out over the carports but the carport adjacent to the house is part of the original structure the other was an added carport and it has got fixed columns if you will on the it's freestanding now it's freestanding on four columns the one that's closest to the fence it's so i don't think it has it's only on freestanding uh you have two columns on the west side to support the structure the extension but i don't think there's any additional columns where it comes into the original carport no there is not so now my question refers to staff is that considered a connected structure is that different than two freestanding ones that require a variance for separation i think whenever desiree took it in she was considering it a separate structure that was abutting the carport the original carport for the house and they added this other one that was i guess it's a carport too that says covered on the uh survey and that's the reason it needed a separation distance variance so she is considering it two freestanding structures wrote it up it's we're considering it two freestanding structures for the purpose of the purpose of this yeah the original carport was part of the house and then they added this one to it and so that's what she was looking at the separation distance needed okay i'm not sure i understand what what your clarification is my understanding from my years of being on this board and i i'm not the expert that's why i was asking mr bode is that when you connect it it becomes part of the structure now the whole setback thing becomes different because now you're you're you've got a you have a single structure these aren't the the original carport's connected to the house now you've connected an extension to the carport that's connected to the house and you have one continuous structure not two separate ones are shown here but i'm going to go with what staff is as has has put together here and we'll well sure i'll vote on on the idea that it requires a variance for the separation okay mr humberg no okay so um i've been following this so now i just want to make sure we got five variants all from the main house being airbnb the carport being turned into something the structure being attached um so no i don't have any questions any discussion here i just ask you to step aside let me ask anyone in the audience anyone in the audience here to oppose oh come on up we can have a seat i'm sorry i think we do have letters yes but we have someone in the audience as well okay okay so just state your name and address and then i'll swear you in chad goswick wait speaking to the mic i can't chat goswick 222 mckinley avenue just pick up a little bit i'm sorry okay goswick 222 mckinley avenue okay do you swear to tell the truth the whole truth for nothing but the truth yes ma'am thank you how can we help you today are you for or against against against okay tell us why my only primary concern um is the additional structures that were built in 2025 the shed and then the addition to the detached garage and their proximity to the setback which would be the joining property line that's really all it is i have i have some structures that give perspective um so why do you look why do you oppose what is your reason it's just it's very close to the property line it's close okay do you have to show us do you own the property that's next to the sheds yes sir okay okay thanks um just um these are just for perspective so that is the utility shed this is the addition to the detached garage here now is that their house for your house this is this is the the two structures that are new as of 2025 um here is another perspective just over the fence line shed as as it relates to the fence line so those are the only two things is just there the proximity to these two structures as it relates to the adjoining property line that's all i have okay so maybe i'm sorry just help me out here put that picture back up you're showing us that picture because it's close to your property line is that what you're saying to us and over the back up let me just see it again please okay and that's your fence on that side yes ma'am okay good um here is perspective facing north so this is the original um detached garage that shows on brevard county property appraisers this was added 2025 along with utility structures were added in 2025 yes one minute sir okay anybody have any questions for him miss clemmings um so what is your resolution for the i don't i don't have a resolution well if you don't want the variants passed and that's assuming that you want those structures removed i would leave that to you guys i just am letting you know that it's over the setbacks and it's not what i had anticipated as far as having neighbors it's a lot of people um as it is right now with it being an airbnb um there's it being a five it being a five bedroom house it's it's it gets quite quite busy um an additional structure i don't know what that i couldn't speculate but it would certainly lend itself to thinking there would be additional people i i don't know that's purely speculation can you put the one picture back up for me um they're they're all just the one that shows both structures okay so that front building is what was added in 2025 is that the requested adu this is an additional this is the addition to that structure so the detached garage is an existing structure this is in addition to the existing structure on the west side of the property and then the shed is the shed is in addition to that okay so is it okay yes sir i can which one is the one that they're trying to turn into an adu this is the adu so that's the abnb right there no no ma'am that's the new thing that's the detached garage behind the yes ma'am okay there's a pictures that you entered them into the yes sir application after you're done yes sir if you do you want me to hand them to you now no after after you're done with here i'm i'm good okay wait let's see any more questions for him no no no okay seeing none thank you yes sir i can okay come on back to the podium please i'm sorry yes i'd uh i'd like to uh correct something here is that out back up there if you will look at the where you see the blue and then uh the the gentleman has uh talked about that extension that extension was there with with what you're seeing that was the storage shed lawn mower equipment or something or things like that by the former owners the slab went from that side all the way to the other side of the building the main building itself and what my wife was trying to explain before when the storm came through which is before my time of and knowledge they rebuilt that whole structure with that part right there going halfway to the north the slab stayed but they never added on the other half of that um i don't know if i don't think i can point can i oh i can yeah you see this this all in here all the way back to about halfway or slightly more that was an existing structure the slab was the same to the microphone so we can pick it up on the slab the slab uh was the same going all the way across but the former owner never put the second half of that structure back when they rebuilt the whole thing after the storm what we did in this and i take responsibility for it we actually uh went over and raised that roof so that we could bring it all the way across and use the existing slab and put back the other half of that elongated section but it was part of the whole adu um which became the adu requirement it's just that so i take exception not exception but i just want to clarify what he's saying that that's not correct that was there until about halfway so i don't know if that helps and that became so the setback issues that we were dealing with right sorry what was your question meaning it was approximately half its size and fit within the variance with fit within the setbacks he's saying that that structure was half its size and we're asking for like from the pictures that they added about eight feet to it right so if you look at the appraiser site the uh original garage was 26 by 16 and it had eight feet of patio sticking out to the west and now it looks like they've enclosed that patio to make it part of it no we do not see the again this is this is on the east side and the slab west side or the west side if you could see this a little clearer you will see this slab extending out from underneath that that that was the original pad for the shed that was there in 1968 that went the full length of the building and up to the roof line when they rebuilt it in 2009 they did just an enclosed shed back there and the roof structure is the only part that wasn't there when we took over and started to make changes this section is the change up here the roof going all the way back and taking in from just between the two windows there the bottom part of that was a shed and it was there hasn't been moved hasn't been changed yeah so the so my my point is i all of the setback relative to that and and his property that's been there since 2009 the only or thereabouts so that setback relative to his fence that condition had existed way back when so i i understand he has the right to to say what he wants but i don't know whether to say it it existed so now that to raise an issue with it i think it's more more the concern of the adu being utilized for additional uh capacity because the air the airbnb is now what the main house is being used for and we actually went to his house to discuss this with him to explain that to them he was in uh out of uh hawaii i believe we talked with his wife we gave her our letter we gave her the plans we discussed this whole issue and a write-up for my wife and said that we'd appreciate their cooperation uh because we weren't changing that distance to the fence we were just merely trying to connect that to an adu building and so all i can say is the setbacks that we're variances we're requesting are really preconditioned things from back in 2009 to 2000 whatever okay so i'm sorry that goes lengthy on it but that's it okay we do have one other response came from the neighbor on the other side who's not quite as close and i would like to submit that as well uh it is barons it is tied baron i just wondered if we already have that no you don't have it in the package because i just bought it in today all right well you'll have to give that to staff can i ask a good question sure can you explain the variance number five is that the is that the um it's not the structures within the property that's the structures related five is the separation distance between their new adu and the original house it's supposed to have a 15-foot separation distance between principal structures okay okay i have my answers it's 9.9 can i make a motion yes i make a motion to approve variants one and two and deny variants three four and five as depicted on the survey provided by the applicant of 8 27 2025. do we have a second am i allowed to ask you a question and then variance two we would also need to have variance three approved because that's part of the extended carport so you have variance two and three are for the extended carport that they did okay so i'm fine with what's existing as as staying there as far as for the shed the only thing you're wanting then is we can legitimize the front right that's a normal request the front of the house that was built in 57 the accessory structure is from each other on site they have added a somewhere along the line another carport was added to the original carport right that's what i don't agree with okay so then you denied number two the separation distance too okay so all you wanted is i approved or my request to approve variance number one and deny two three four and five okay okay well on the floor we have approval from miss clemmings to approve variance one and to deny variance two three four and five do we have a second okay i second you can second may i ask a question no you can okay one moment okay i think we're done with public discussion please take a seat um please take a seat sure yeah okay so now is up for discussion with us yes okay listen uh i feel good about this one i mean i just just saying i i'm a little bit confused i heard him say he proceeded without getting the whole thing approved up front we've got letters of approval and disapproval it just doesn't seem harmonious to the neighborhood so i'm i'm not in favor i see you against all of it uh i um yeah she's against every one wait a minute one yeah you i'm in i'm in concurrence with the way the motion is okay okay so you're in cooking yes okay yes how do you um zero what does it mean again stole okay you don't want to legitimize the space from the front nope at three inches nothing okay i say no to all for me okay how much elements you state what you what you said correct i mean i think the first variance is a traditional or normal request i don't think that's out of the norm it's it's legitimizing the primary structure yes that was to the front of the structure the primary structure that as a practical matter we're talking about three inches over the distance of straight half the width of this room okay so we just had a discussion and the board came back with we have a motion on the floor for approval of only variance one with a denial of variance two three four and five we're going to do a private vote we're going to do a reading of the six steps thank you mr hoffman please read the six steps so i'm not unclear uh all right miss clemens motion was seconded somewhere yes the chair said by the chair they're allowed um okay the six points discussion go ahead we've had our discussion now the six points okay that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter will constitute unnecessary an undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare okay we'll call a vote now mr hoffman uh i'm in favor of the motion that denies two three and four five i second i'm in favor of one and in denial two three four and five okay mr hoffman no no to all to all okay miss clemmings again to say i'm in a i agree with my motion to approve one and deny two three four five okay so this variance have only been approved for variance one and it has been denied for variance two three four and five if you tell me what variance one the front setback what's that the front setback what about legal non-compliance that has to take your questions off the staff so thank you what i don't understand is please take your questions up the staff up today after the meeting wow we have our next variance please we're going to have to talk to you later on we're in the middle of this meeting so next item is h9 george and linda kanta request variance to chapter 62 article 6 bevard county code for an accessory structure and an sr zoning classification application is 25b 00066 located at tax account number 2318673 in district 2 good afternoon good afternoon can you state your name and address for the record please george canada 4510 monica court north merritt island okay and your name i am linda canada at 4510 monica court merritt island florida okay you both swear to tell the truth to hold you for nothing but the truth i do okay how can we help you today well we recently moved into this house and this past april and uh my goal was to put a four-car garage up uh came down the county and got an approved permit and so we started construction uh we did the uh concrete slab and uh building structure uh after that we were asked to get by the county to get a border uh survey so we did get the border survey done and then it was pointed out to us that we were 20 i'm sorry we were 15 feet from the north property line and it's supposed to be 25 feet and uh i wished it was something that i can do as far as moving the building but uh it would be a major definitely a major financial hardship um i personally talked to all of our immediate neighbors and they didn't have any issues or concerns so we're asking for the 10-foot variance okay thank you miss clemens district 2 i have no questions no questions mr huffman no no no no questions no questions okay so let me just reiterate what you just told me sure so you have a four car garage you got a permit you did construction the concrete slab and um you just need this variance to legitimize it correct yes okay let me just check with the audience can you step to the side please is there anyone here yay or opposing or nay for this variance seeing none come back we have a lot of support for this one okay and this is from let's see who this is from this is from ken and tracy singleton yes in support of what you're doing okay all right okay question that they are the neighbor that's adjacent to the garage uh they're across the street across the street yes thanks okay miss clemmings i make a motion to approve the variance as depicted on the survey provided by the applicant with a date of 9-4-2025 i'll second we have a motion on table approved by miss clemmings second by mr humber we will read the six points oh i did the audience already i'll read the six points if you want me to miss clemmings can you read the six points the 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 requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands building structures and the identical classification zoning classification the literal enforcement of the provisions of this chapter will deprive any applicant or the applicant of rights commonly enjoyed by other properties in the identical zoning classification of the provisions of this chapter and will constitute unnecessary and undue hardship to the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that granting the variance will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare okay we'll do an individualized vote right now mr hoffman i vote yes i vote yes yep yes your variants have passed thank you very much appreciate it mr bode it's item h10 john h mcloid request variance chapter 62 article 6 of our county code for an accessory structure and an sr zoning classification parcel is currently zoned gu zoning application number is 25v 00067 located tax account number 2802679 in district 5 okay good afternoon hi can you state your name and address for the record please john mcleod 3575 carriage gate drive melbourne thank you your name stacy rossboro i live at 979 armstrong road palm bay i used to reside at 35 so okay this is my dad oh okay and can i swear you both in do you swear to tell the truth the whole truth nothing but the truth yes thank you how can we help you today you're gonna let her speak okay so um i believe the rezoning went through um uh he got that passed a couple couple weeks ago but right now the the issue is he has a outbuilding on his property that is i believe 247 square foot over what it should be the structure has been there for over 25 years um he has really one neighbor uh she wrote a letter of approval um they put a new housing development and to the east of him which border which um west melbourne which is in west melbourne not in the county he is on in the county and there's a retention pond that separates him the structure is in the back corner of the property um you really can't even see it from the front of the house or the road it is only he and a couple neighbors his neighbor had like 10 acres he has point nine six seven what did we decide nine point six or nine that's why we had to do the rezoning i thought it was an acre i mean i've been there since 1973 and i've always thought it was an acre and i had purchased it from the guy i used to work for years ago and built the house in 73 i've been there since 1973 but uh yeah and my neighbors i've had that neighbor for 40 years matter of fact she raised both her kids and they live back behind her so that's our little neighborhood right there okay well this is district five mr hoffman so i i didn't stop to to bother you but i did drive back there it's first time i've been back on carriage gate uh road i live in that area um in fact you brought up i miss doris wrote a letter to us right of course you know uh she's quite the fan she's a nice lady yeah um so you're not replacing the shed back there you're just legitimizing what's there yes yeah okay it looks completely compatible with with the area there it's kind of semi-rural what is directly behind you a lot just there's actually there was like a four acre strip well i always thought it was an acre but anyway there's there's four lots in there and i bought the one up front back in 73 when i worked for mo bedford at the time and he sold me that lot to build a house on and i've been there since like say i moved in there christmas weekend of 1973 and i've been there ever since so they're on undeveloped lots at this point yes they're still on they're trying to sell them i think they have them up for sale but it's going to require a lot of dirt nobody's buying them i think people had talked about buying it putting in a storage unit or something of that nature but it is almost four acres the same width as his property but it goes and the easement thing is another thing that they're going to have a problem with too because since they built that development there next to us over west west melbourne there uh there is a neighbor further back in there that's been there for i don't know a long time so never say never but there's probably not going to be any development there in the near future the price they're asking for that you know like say it's that's there could be a neighbor eventually maybe okay but but even still i'm just trying to live out what's left in my life in peace from what i could see it it it blends in fine with the neighborhood so that's all my questions okay mr humber no that's clements no questions no questions for me let me just check with the audience is there anyone here that would like to speak to this variance yay or nay seeing none come back do you mind doing the six point okay thank you special conditions and circumstances exist which are not applicable to the 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 the granting of the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare okay your motion oh um oh i yeah i got ahead of myself uh i make a motion that we approve the uh variance as as requested and depicted on the survey dated 7 22 25 7 22 25. okay a second we have a motion on the table to approve by mr hoffman second by miss clemmings individualized vote mr hoffman i'm in favor of my motion i vote aye aye aye aye your variance have passed thank you mr bode yes item h11 james a and patricia r kent request variance of chapter 62 article 6 of our county code for the lot size for a proposed au zoning classification parcel is currently zoned gu zoning classification application application number is 25v 00070 located at tax count 2314112 in district one okay good afternoon good afternoon can you tell us your name and address please james kent 5090 pine street coco florida okay you swear to tell the truth the whole truth nothing but the truth i do how can we help you today um i requested a zoning change from gu to au my current acreage is 2.23 which is as i understand it under the minimum of 2.5 so that's the variance that i'm requesting enough sounds simple enough something okay so you just want to change it from agriculture to general use no he's wanting to change it from general use to agriculture i'm sorry i said it backwards general use to agriculture okay what do you have planned to do with your land we want to put an in-ground pool in is what started all this the in-ground pool two-acre pool that'd be a big one okay do you you have neighbors to the left and the right of you correct i do do you oppose or they do not oppose neither one okay all right any questions mr hoffman uh just just a quick when i see the roads out front what is behind there is it a a canal or something in in the back of my back of the property there is a canal and then uh an equivalent lot with the the house toward the front of that there's a lot of space between myself and the neighbor behind me so you're not going to have a rear neighbor as long as there's a canal there no it's just the uh left and right neighbors yes and i've spoken to both of them and they're in agreement okay mr humber i'm good miss clemmings no questions okay everybody like to make a motion i make a motion to approve the variance request as depicted on the survey provided by the applicant with the date of 7 21 20 2017. we have a motion second we have a motion on the table approved by miss clemmings and we have a second by mr humber individualized vote mr hoffman we didn't ask for any opposed i'm sorry thank you no we just didn't ask for the opposed thank you miss clemmens is going to read it i'll read it okay but we didn't ask about if anybody had any objections that's it i thought i said you is there anybody here with any objections making sure there's variants in the audience saying none come back that special conditions and circumstances exist where 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 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 building structures in the identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make it possible the reasonable use of the land a building or structure that granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare ta-da okay miss clemmens we made a motion to approve i vote to approve the application hi your variants have been approved thank you thank you see going last is not so bad no it's not okay this meeting is now adjourned the opinions expressed