on allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, to those relief and justice for all. This board constitutes five members, one from each of the county's five districts. As it turns out, our chairman and vice chairman elected during the first week of January are indisposed today. So, as a past chair, I'm willing to step up, but I need a motion to appoint me as temporary chair for today. I make a motion to appoint Bill Huffman. I'll second that. Go ahead. I make a motion to appoint Bill Huffman as chair today. I second that. Okay. Any discussion? No. All in favor say aye. Aye. Any opposed? No. No. Okay. So, as a temporary chair for today, I now call this meeting of the Vard County Board of Zoning Adjustment to order for the date of 17th of December, 2025. First order of business will be to approve the minutes of the last meeting. Do I have a motion to approve the minutes? I make a motion to approve the minutes. I second. Okay. Any discussion? No, sir. All in favor say aye. Aye. Aye. Any opposed? No. Okay. Any staff announcements of any kind? No. No? All right. Good. So, Mr. Bode, could you do our first reading, please, the function of the board? Yes, Mr. Chairman. The Board of Adjustment is a quasi-judicial body established by the Board of County Commissioners under Chapter 62, Article 2, Division 4 of the Bavard County Code. The Board of Adjustment is empowered to hear the request for variances to the zoning regulation and signed regulation in Chapter 62, Article 6, and Article 9. Pursuant to Florida rules of appellate procedure, any person or persons jointly or severally agree or any decision of the Board of Adjustment may, within 30 days after the date the order is signed, apply to a court of competent jurisdiction for appropriate relief. Mr. Chairman, you have nine items on your agenda today. Thank you, Mr. Bode. Ms. Clemens, could you read our second reading, the definition of an undue hardship? Sure. An undue hardship, a variance may be granted when it is not to 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 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. The applicant must answer a variance hardship worksheet with six questions. The Board of Adjustment will discuss these questions today with each applicant who has requested a variance. Thank you. I will now address the Board and our audience today on the procedures that we're going to follow for this Board 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 initial presentations. Once the applicants have completed that presentation, we will begin board questioning with the board member who represents the applicant's district. When concluded, questioning is open to the full board. The Chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board once and only once, so be complete and concise. At the conclusion of that public comment, the applicant will be given additional time for any rebuttal, as well as to present their final comments. Once completed, no further action will be heard from the applicant or the public. The action then moves to this side of the board 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 the subject and avoid information, personal and otherwise, 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. You can please fill it out and return to the clerk. So, are there any questions regarding these procedures from the audience? Are there any questions regarding these procedures from the board? Hearing, seeing none, I will now ask Mr. Bode to present our first application. Yes, item H1, Robert McConaughey. Request variance of Chapter 62, Article 6, Brevard County Code for a Principal Structure in an RU-1-11 Zoning Classification. Application is 25V00057. Located at Tax Count Number 2438217 in District 2. May I have your name and address for the record, please? Robert McConville, 1400 Island Drive, Merritt Island, Florida, 32952. Okay. Raise your right hand. Do you swear that the testimony you're giving us today is the truth? Yes. Okay. How can we help you? I was just requesting a variance to do some renovation on my house, extending the master bedroom and closet to the front of the house towards the street to increase the size of the closet and renovating and creating a new master bath. The amount of footage I need to accomplish this is about nine feet into the setback. That's basically about it. It just, the house is built in 1967. It's a wonderful house, but things are a little different and the closet and the bathroom are extremely small and the setback just doesn't allow for expansion without permission. Okay. Your application arises in District 2, which is represented here by Ms. Clemons, and you may proceed with questioning. Are you having to change any kind of trust work or anything? So, the front of the house is cement, so we're just going to basically create a doorway and then build out from that. Okay. So, we won't be changing any of the structure other than creating an opening to increase the size. Okay. I live in Merritt Island. I did the exact same thing to my house. I don't have any other questions. I was just looking to see if we had received any correspondence or anything on that. Dr. Bass, do you have any questions? Yes, just a simple one. I'm looking at the overview shot here. Yes. So, you have the driveway here, so then it would be, if you're looking at this picture, it's going to be on the right-hand side. That would be correct. Okay. Coming out towards the sidewalk. That's correct. Okay. Great. Thank you. Just to clarify in my mind, is this a side setback or a front setback? Front. Front. Okay. So, it doesn't really impact the side neighbors? No, sir. Okay. It would remain along the current line of the house. Okay. And we're just moving forward. The closet is, you know, just a little thingamajig and, you know, it's a small shower and bathroom. No, I'd just like to increase the square footage. That's all. Make it better for the, make it handicapped as well. You know, so we're going to open it up that way because we'd like to have it to be our forever home and whoever gets it after us, and it'll be good to go for them as well. Okay. Very good. I have a procedural thing I need to do. Could you just step aside? Okay. Or take a seat. Well, anyway, is there anyone in the audience who wishes to speak in favor or against this adjustment application? Seeing none, come back. Okay. Thank you very much. I appreciate the opportunity. I hope you have a Merry Christmas. Okay. Thank you. Ms. Clemons, would you like to make a motion? Yes, I make a motion to approve the variance as requested, but limited to the approval as depicted on the survey and the proposed plan provided by the applicant. I don't see a date on the survey, but normally it's right here. Yeah. Do I need to say date? There's no date on here, so no. That's fine. Okay. Do we have a second? Yes, I will second that. Thank you. Okay. Any other discussion? All right. As another part of the procedural things, I need to read the six items that define an undue hardship. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification. Under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance 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 variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will now call the vote. All in favor of the motion to approve, say aye. Aye. Any opposed? All right. Your application is approved. Wherever he went. There he goes. Okay. Mr. Bode, could we have the next applicant, please? Yes. Item H2, Matthew V. and Lynn Rover. Request variance to Chapter 62, Article 6, Brevard County Code for an accessory structure in an SR zoning classification. Application is 25V00068. Located at Tax Account Number 2416935 in District 2. Could I have your name and address for the record, please? Matthew Rover, 1800 Crawford Avenue, Merritt Island, 32953. Do you swear at the testimony you're giving us today is the truth? Yes. How can we help? I'd like to put an RV port up on the side of my house to protect my RV. There is a current pad there, but I like to make the port wider than the pad is. So, I'm asking for a six-and-a-half-foot variance because the pad is 12 feet wide, and I like to get an 18-foot wide port so I can open up my slides on my RV and protect it from the sun. That's the face of the south. Okay. Yeah. So, my only question is, based on this survey, it looks like the pad is, you're extending it by six feet south? Yes. Is that correct? Okay. But the overall length of the pad is essentially the same? Yes. It's going to be the same. And that was there prior to your ownership? Okay. I don't have any other questions. Okay. Yes. Yes. So, if I look at this picture here, the overhead shot, we have this pad that goes along here, and this is the one that you want to expand? Correct. Okay. Very well. Thank you. My only question is, what is on the opposite side of your boundary there? Is it septic? Well, no. Is it street? Oh, it's street, yes. So, it's a street. Yes. Okay. Okay. A little procedural thing. I have to ask for a public comment. Is there anyone in the audience who wishes to speak in favor or against this application? Seeing none. Any last comments? Nope. It's just, it's been a long process. It started back in September. Oh, that's nothing. Yes. Well, we won't make comments on that. Thank you. Okay. Thank you. So, Ms. Clemens. I make a motion to approve the variance as requested, but limited to the approval depicted on the survey and proposed plan provided by the applicant. I'll second that motion, please. Date of date, 2825. Okay. Thank you. Okay. We have a motion to approve and a second. Ms. Clemens made the motion. Dr. Bass seconded. Do we have any discussion? Yes, sir. Okay. That was pretty quick. You put me to work. I have to read these six items every time. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. The special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. The granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures. In the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification. Under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance grant is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With these six criteria in mind, I now call the vote. All in favor of approving the motion, say aye. Aye. Any opposed? The application is approved. Mr. Bodie, could we have our next applicant, please? Yes, item H3, Jeffrey W. and Kathy L. Taylor request five variances of Chapter 62, Article 6, Brevard County Code for fence height and accessory structures in a TR-2 zoning classification. Application is 25V00069. Located at tax account number 2310974 in District 1. Thank you. Could you state your name and address for the record, please? My name is Jeffrey Taylor. My address is 5988 Cedar Lake Drive, Cocoa, Florida. Do you swear that the testimony you're giving us today is the truth? I do. Okay. Please. Well, the first variance is about putting up replacing the six-foot fence with a section of eight-foot fence. I have a pretty unruly neighbor. The property has had multiple violations. There's people living in campers with no electric or water. There's another guy living in a shed in the backyard over there. The county's finding them. They say that, you know, nothing else they can do. Civil matter. So what I would like to do is put up about 120 feet of eight-foot fence to block all the... When we moved in, there was probably 50 jugs of human waste all around the camper. So when I filed the complaints with the county, they came in, told him he couldn't live there. He had to leave. Of course, he never left, but he had to clean everything up. Unbeknownst to me, he dumped that all over the fence onto my side of the... I'm just trying to prevent stuff like that from out of sight, out of mind. All right, so that's that one. And then the other ones are pertaining to the storage buildings, which were all there when I bought the property. And I, you know, one seven feet or almost eight feet off the property needs to be 10. And the other storage building is only four feet between the house and the... Oh, and then there's the square footage of too much storage for... Okay. Your application arises in District 1, which your District 1 representative isn't here today. So as a chair, I will assume that first rule. I'm trying to summarize it now. We have a fence issue you want to make taller. We have the square footage of a storage shed that already existed. Yes. That you're trying to legitimize. Right. And then we have, I think it's three different setbacks. Well, the setback on the building behind the house is supposed to be 10 foot. It's 7 foot 7. And then the shed to the south of the house, there's only four feet between the buildings, and there's supposed to be five. Okay. Also, that shed, that has the four foot separation distance requesting that variance. That one has a 0.6 foot variance. It's supposed to be a 10 foot setback also, and it's 9.4. Wait, you said. Okay. Let me... Okay. Is that... That's it. Okay. I now need to kind of pull my board members here. Sure. Do you want to try and do this all as one motion, or would we have to break it up into portions? One motion, please. I don't see any reason why we need to bring it up. Is there any reason we can't do just one motion? Okay. Good. So, as chair, I cannot make a motion, but I can only second one. So, if one of you could decide if you are in favor of this enough to make a motion. I make a motion to approve all five variance requests, limited to the approval as depicted on the survey provided by the applicant. Did you ask anybody in the audience? Oh, yeah, we didn't ask anybody in the audience. Darn it. Read my own list here. I'm sorry. You need to step aside. It's Paul. Sorry. Is there anyone in the audience who wishes to speak in favor or against this application? Thank you, Mr. Bodie. We need to stay on process here. Anything else? Uh-huh. Okay. Thank you. Good to go. All right. Now we can make a motion. I make a motion to approve all five variances as requested, but limited to its approval as depicted on the survey provided by the applicant with a date of 11-8-2023. Do we have a second? Yes, I will second that. Okay. Do we have any discussion? No discussion. I would like to make one comment. This is not in my district, but in the last few months, it came up in my district, a very similar situation. And the raising of the fence was a very realistic request. It's about the only thing that you're able to do in this particular circumstance. So I do understand what position you're in based upon the experience that I've had in my district. I do have an additional question. You don't need to get up. I'll try. Is the construction of the eight-foot fence similar to the existing six-foot fence? Yes. They're both blocked or... Okay. So they are of the... I have to say it into my... They are of the similar construction materials. Okay. Thank you. Okay. Well, we have a motion and a second. Any other discussion? Okay. Let me pause while I read the six approval criteria. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to the other land, structures, or buildings. In the applicable zoning classification, that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance grant is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor of approving the, yes, approving the motion to approve, say aye. Aye. Any opposed? Your application is approved. Mr. Bode, could we have the next applicant, please? Yes. Item H-4, Lindy Services, Inc. Request variance in Chapter 62, Article 6, Beauvoir County Code for the front setback and an IU-1 zoning classification, Application 25V00071, located at tax count number 2103214 in District 1. Mr. Kim was not even on to come today. She comes off. Yeah. All three of you going to speak? Two of us. Two. Then I need to swear in individually, you two. So, first, name and address for the record. David Jigelsky, 175 East Park Drive, Tonawanda, New York, 14150. Okay. Good afternoon. Chris Oso with Kimberly Horne, 7341 Office Park Place, Melbourne, Florida, 32940. Okay. We can do this as one thing. Do you both swear that the testimony you're giving us today is the truth? Yes. Yes. Okay. We don't have any authorization form for either one of y'all. We only have one from Kim Rizanka. So, without those, we aren't going to be able to be heard. Even though I'm employed by Lindy directly? We have Brian Morgan as the director of the real corporation for Lindy, Inc. Real estate, yes. And he's the one who's authorized Kim Rizanka. So, related to the company? I'm the director of capital and productivity for the East Region of the business. This project that we're here to talk about is under my program. Are you part of the Lindy Corporation? Yeah, I am. I'm a Lindy employee. You're in the incorporation papers? Pardon? Are you part of the incorporation? Oh, I don't know that's the case. No, we wouldn't be able to hear you unless you're authorized by somebody who's one of the directors of the corporation. So, we're going to need to probably table this since Kim isn't here today or Brian Morgan isn't either to authorize y'all. If I can get Brian Morgan to send us something now, does that work? Do what? If I can get Brian Morgan to complete whatever paperwork you're talking about, can we be heard at the end? If you want to table this until the last item, see if they have time to do that. We can offer to put this on as the last item on the agenda today. Okay. As long as you get authorization satisfactory to staff. And what would, is that, it's the same form that he filled out for? For Kim Rizanka. Okay. Yes. I will work on getting that. You'll probably have about an hour. Okay. Mr. Bode, can we email you that directly? Where does it need to go? Yeah. You can email it to, yeah, to Kristen here. Go ahead. She'll make arrangements for you. Okay. So, do we need a motion to table to the end of the agenda or we can just adjust? Okay. Just a quick motion to table the item until the last part of the agenda. I make a motion to table the item until the very end of the agenda. I'll second that. Okay. All in favor? Aye. Okay. So, we'll move number four to behind number nine. I think it's nine. Okay. With that suspension, let's, Mr. Bode, could we have the next applicant then? Yes. Item H5, Dale O'Connor and Patricia Rivera request three variances of Chapter 62, Article 6, Bavard County Code for an accessory structure and the fence height in an RU-1-9 zoning classification. Application is 25V00072, located at tax count number 2311276 in District 1. Okay. Okay. Thank you. Good afternoon. Could I have your name and address for the record, please? Monica Pritchard of Goldman, Monaghan, Decker, and Bettine. Our address is 96 Willard Street, Suite 302, Cocoa, Florida, 32922. Swear the testimony you're giving us today is the truth. Yes. Okay. I represent Dale O'Connor and Patricia Rivera. They're requesting three variances. They have a shed that has been on the property for over 15 years. They've maintained it in good condition. Unfortunately, it does not meet the setback requirements. We've already gone through the process of having the public easements vacated for the shed. The variance that's needed for the shed is very small. I believe it's, you know, less than two feet on the north and the east side of the shed. And then similar to a situation that you just heard earlier, we have a issue on this property with a neighbor with shipping containers, very unsightly shipping containers that are located right next to the south side of my client's property line. The county is involved, but fences would make very good neighbors. So we are requesting an eight-foot variance on one side of the fence. My client intends to replace the entire fence and is just waiting on approval, hopefully, for this variance in order to do eight-foot on the south side and right in the front where the gate is. Your application arises in District 1. Your representative is not here today, so as chair, I'll pick up those duties. And I'll start the questioning. Number one, what material are you using for the fence? The fence is currently wood, and they're replacing it with wood. So it'll be a wooden fence? Correct. Okay. Have you been in contact with that property owner to see if they have any objections? The neighboring property owner? The one with the containers. Do they have an objection to this application? I am not aware of any objections. Unfortunately, there is a deteriorated relationship between my client and the neighboring property owner. So this has been posted in front of their yard, and they've received notice. If they would like to be here, they could be here. Good answer. The other variances with the small variances with the shed and stuff, similar question. Have the neighbors expressed any reservations on this? None since filing. Okay. That was an open-ended question. What about before filing? So my client issued a code violation on the neighbor due to the shipping containers. So I'm talking about the other, the shed. Correct. Okay. And so that neighbor then instituted a complaint against my client for anything they could find. The shed, the fence, anything. So currently my client is in the process of trying to lawfully correct any code violations on their property and would like to proceed on as peacefully as possible because they would like to stay in that property. So the issue was brought up by the neighbor that's not on the corner where that shed is. Correct. And my question is to the people that are on that corner. No. They have not. No. Nobody that's truly impacted mines. Okay. All right. That's all my questions and open it up to anyone else have. Just for clarification, you're just trying to legitimize the shed in addition to the fence? Yes. Okay. They're trying to legitimize the shed, but they're also trying to put an eight-foot fence for privacy against the property to the south that has the code enforcement problems. So there is an active code enforcement on the neighboring property? On the budding property to the south, yes, for having commercial equipment, too many sheds. I see that. I think I'll call the codes. I have no questions. Seems like a legitimate request. Okay. Dr. Bass? I have no questions. The eight-foot fence seems to be an answer. Yes. Okay. Procedurally, I need to ask the... Is there anyone in the audience who wishes to speak in favor or against this application? Nobody jumped up, so you can turn. Any last comments or... No. Nobody has any questions. Thank you for your time. All right. Thank you. You can have a seat. Sure turn. Okay. I will make a motion to approve the variance. Actually, the two variances, as depicted... Three. Oh, I'm sorry. Two setbacks. Three. The third one. The three variances, as depicted in the survey, with the revision date of 7-8-2025. Your eyes are better than mine. Do we have a second? I second. Okay. Any discussion? No. No discussion. No. Very straightforward. Okay. All right. I will read the six criteria. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. That 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, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. And constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With these six criteria in mind, board members, I call the vote. All in favor say aye. Aye. Any opposed? The motion passes. And your application is approved. Mr. Bode, may we have the next applicant, please? Yeah. Application H-6. Mee-Seesaw Living Trust. Request variance in Chapter 62, Article 6, Bavard County Code for a Principal Structure in an RU-1-7 Zoning Classification. Application is 25V-00078, located at tax count number 2304875 in District 1. Okay. May I have your name and address for the record, please? Stephen C. Shaw, 5690 Falcon Boulevard, Cocoa, Florida, 32927. Okay. Do you swear that the testimony you're giving us today is the truth? Yes, sir. Okay. Please. I'm requesting a variance of 2.9 feet. On my primary structure that was existing when I purchased the home in 1997, apparently it was a small oversight, and we discovered it when I was applying for a building permit to add a garage to my property. And I would just like this variance so I can continue on with the building permits for the garage. Okay. Your application arises again in District 1. Your representative for District 1 is not here, so I'll take up those duties here temporarily. This 2.9 foot from the 20-foot front setback, now that's the existing structure, right? Correct. And you want to build a garage? Correct. And is that in line with the front of the house? The garage will be on the west side of the current structure. I actually own all the way to the street. I'm on a corner lot. And it will be 20 feet from the setback, so the building that I want to build will be compliant. Okay. Okay. I just wanted to clarify that. So really you're just trying to legitimize an existing condition? Yes. Okay. Since I've owned it. All right. Well, that happens. Yes, it does. That concludes my questions. Does anyone else have any questions? No. It's 1997, so things have changed. And the house was built in 83. Oh. Yeah. Back when the setback was 25 feet. Okay. So it was still too close. That even still makes a difference. It definitely was different. Somebody wasn't doing their job that day. It was a lot more lax back then. Yes. Yeah. Okay. I do need to do the procedural thing. Is there anyone in the audience who wishes to speak against or in favor of this application? Yes, sir. Go ahead and have a seat. You'll need to come up, swear in, all that. So I need your name and address for the record. Richard Varga, 7160 Freeport Road, Cocoa, Florida. Okay. Do you swear that the testimony you're giving us today is the truth? Yes. Okay. You said you had a question. Yes. I was just, and the only question is the height of the garage. Let me check with staff. Is the height of the garage a zoning issue? We have a minimum, I mean, a maximum height, 35 feet over the average grade of the buildable site. And that would be to where the trusses would be supported by the tie beam. So that's how high he could build. Okay. I'm not sure how high he is proposing it, though. He might be able to answer that question for you. Yeah. You guys aren't in conflict or anything? If you're going to speak, you need to speak into the microphone. It's okay. You've already been sworn in. The proposed garage is a single-story garage, three-car, with roof trusses. I believe we're under 16 feet total height from the top of the roof trusses to the grade. Sounds reasonable. You good? Yes. Yes. Yeah. He probably, if he's a neighbor, he understands why I'm asking, because we have other neighbors that built literally 30-something. I don't know. It's a two-story garage. Yeah. Two of them on one property built. So I'm just, and it's right, it's on the other side. I just want to make sure, but that's helpful. Thank you. Okay. Yeah, you didn't speak into the microphone. I don't know if I picked it up, but that's fine. Okay, you can return to the, oh, is there anyone else? No. Okay. Sorry. Any last comments or anything before we? No, I'd just appreciate an okay on this variance so I can move forward and get my garage built after three years of doing this process. Okay. Thank you. Thank you. Okay. I need a motion to approve or disapprove. I make a motion to approve the variance. As depicted on? As depicted on the survey, dated 2-6-2024. Do we have a second? I second. Okay. We have a motion by Dr. Bass, a second by Ms. Clemons. Any further discussion? No, sir. Seems pretty legitimizing an ancient condition. All right, if we have no more discussion, I will read the six criteria before we take the vote. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to other land, structures, or buildings. In the applicable zoning classification, that the special conditions and circumstances do not result from the actions of the applicant. The granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. The literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification. Under the provisions of this chapter, and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of land building and structure. The granting of the variance will be in harmony with the general intent and purpose of this chapter. And that such use variance will not be injurious to the area involved, or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor say aye. Aye. Any opposed? The motion passes, and the application is approved. Mr. Bode, could we have the next applicant, please? Yes, aye. Item H-7, Frederick A. Schoen. I'm not sure if I pronounced that right. Request variance of Chapter 62, Article 6, Brevard County Code, for a swimming pool and screen enclosure in an SEU zoning classification. Application number is 25V-00079, located at tax count number 2520-889 in District 2. Okay. Would you state your name and address for the record? My name is James Bushnell. It's 320 Wayne Avenue, Andy Atlantic, Florida, 32903. You can adjust that microphone just a little bit closer to you. Okay. Do you swear that the testimony you're giving us today is the truth? Yes. Okay. Please, present. I am the pool contractor for this proposed project, and the unique thing about this piece of property is, the address is 4727 South Tropical Trail. The house does not face South Tropical Trail. The house faces south, which puts my, the only practical place on this property to put a pool is on the east side of the house, which puts it on the Tropical Trail side. The other three sides are just not, there's not enough room, there's a septic tank in the way, there's driveways and garages on one side, so it's really the only practical place to put it. The house is over 250 feet from the road. It's not visible from the road, and the pool and the screen will not be visible either. So, that's my situation, so. Okay. Your application arises in District 2. Ms. Clemon, do you have the floor for questions? I really don't have any questions. I think you did a great job presenting it. Yes, I have a question. I'm looking at the drawing here now. Is this going to be on the river side of the road, it looks like? No. Or is, okay. No. Because I was concerned there's mangrove trees there, and you'd have to get permits to have those removed. No, the house is on the west side of the road. It's on the west side. Okay. So, it would be on the west side of South Tropical Trail, but not on the, well, you can't put it on the other river because there's a house behind you. It's on the west side of Tropical Trail, but it's on the east side of the house. Okay. Which is going to, yeah. All right. I just wanted to make sure that we weren't getting into environmental issues. No, we're not. Mango trees. Yeah, my only comment is, I'm looking at the east survey here, and you're right, the house functionally faces south. Correct. But due to the zoning and whatnot, it calls out the side, the east side is the frontage, but. It's a large piece of property, but there's really nowhere, other practical place to put a swimming pool. It's, yeah, that's, yeah. And it's so far from the road, no one's ever going to see it. Right. Fortunately, you've got the privacy you need. Yes. Okay. Procedurally, I need to ask for comment. Is there anyone in the audience who wishes to speak in favor or against this application? Seeing none. Any last comments? No, sir. Okay. Thank you. Thank you. Okay. This is Ms. Clemens. Would you like to make a motion? I make a motion to approve the variance as depicted on the survey provided by the applicant with a date of 8-7-20-2022. I'll second that. Okay. Any further discussion? No, sir. Okay. I will read the six criteria for approving a variance application. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That 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. 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 purposes of this chapter. And as such, use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor say aye. Aye. Any opposed? Your application is approved. Mr. Bodie, can we have the next applicant, please? Yes. Item H-8, Kelly Family Revocable Trust Agreement. Request two variances of Chapter 62, Article 6, Bavar County Code for a boat dock. RU-1-13 zoning classification application is 25V00081, located at tax count number 2431907 in District 2. You can adjust the microphone there for your... Good afternoon. Okay. My name is Rita. Go ahead. I need your name and address for the record. Okay. My name is Rita Kelly. I live at 1760 East Central Avenue in Merritt Island, 32952. I'm here seeking of... Excuse me. Yes. I need to swear you in. Oh, yes. Do you swear that the testimony you're giving us today is the truth? Yes. Now you may proceed. Okay. I'm sorry. I'm nervous. Don't be nervous. We're people just like you. I know you are. And so take a deep breath and... I'm here seeking of variants on a boat dock that was washed out by Hurricane Irma in 2017. It was rebuilt, apparently not according to the original permit. And I didn't realize that until recently. I'm trying to upgrade my boat lift. And that's when Mr. Bodie found the discrepancy. And so it's been built. It was rebuilt in 2018, the boat dock. And apparently it's a little bit too far in the canal, and it's a little bit too far towards the river. Okay. You should have some pictures. There's one where the hurricane... You can see where the hurricane washed it totally away. At the time, my husband... I'm a widow. And at the time, my husband handled all the construction and remodels and stuff concerning the property. Your application arises in District 2, Ms. Clemens. Start with the questioning. So I guess I'm just curious. You already have the... Oh, that's July of 21. I apologize. I'm familiar with your property. Do you have the big golden retrievers? Oh, she passed away last year from Cushing's disease. She was 12. But I still have my lab, who's 10 years old. And I recently, in August, I adopted a German shepherd mix from the South Brevard shelter. And she's a wonderful companion. Wonderful. I have someone looking after me. You do. We drive by on our boat, so we see you quite often. Oh, thank you. Oh. I don't have any questions. I guess I was just curious as to how the dock got constructed without this request for variants in the original 2021. But... It met the requirements then whenever they built it. But as the applicant states that it was damaged by the hurricane and her husband had rebuilt it. And we didn't... We didn't... He was told that he didn't need... I think he was told he didn't need a permit because it was hurricane damage. And it wasn't to the residents. Okay. I apologize. I didn't catch that in the notes. Okay. I don't have any other questions. Questions? I just have a comment. And the one thing I look for on docks is, does that impede other boat traffic in the waterway? And obviously, this is not doing that. So... No. There's no issue with what you already have. So... I just want to get my boat lift installed. Right. Right. That was just my comment. That's what I look for. But this looks fine to me. So this came up because you were applying for a permit for the boat lift. Yes. I want... Okay. I need to replace my boat lift. It's old. It's rusted. I got birds nesting up in the thing. And the cords don't work anymore. So I have a really nice boat lift. In fact, it's already built, and the factory's storing it for me until I can resolve this issue. I can see from the aerial photograph, it's clear enough to show that there's a channel in the middle of the canal. And your dock is... Well... Well, it doesn't impede the channel. Let me put it that way. No. There are some big boats down that canal there. I mean, big boats, you know, like lures and stuff that... And no one has had a problem, or they know where I live. They can always contact me. So a small variance here. I think it's two and a half feet. Yeah. That's not going to affect me. There's also some variances here for the square footage, I guess, of the roof. The roof? I think, let's see, it's allowed 36 in total coverage allowed. 36 over the dock covered roof. Oh, so it's 36 square feet or the 600. Okay, that's the minimum. Okay. Procedurally, I just need to step aside so I can ask, is there anyone in the audience who wishes to speak against or in favor of this application? Seeing none, Kelly, is there anything else? No, I just want to get my boat lift installed. Okay. Thank you. Thank you. You'll be seated. Thank you. I'm ready for... Well, I make a motion to approve the variance as depicted on the survey provided by the applicant with a revision date of 10-21-2025. I second that. Okay. Any further discussion? No, sir. All right, so six criteria. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. The special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. 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 will deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance which will make possible the reasonable use of land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. So with those six criteria in mind, I will call the vote. All in favor say aye. Aye. Any opposed? The applicant has left, but the application is approved. Mr. Bodie, can we have the next one? Next application, please. Yes, item H-9, Jason D and Carrie Lynn Trace. Request variance of Chapter 62, Article 6 of our county code for an accessory structure in RU-1-9 zoning classification. Application application is 25V-00083, located at tax count number 2308098 in District 1. Okay. Are you both going to speak? Yes, sir, if necessary. Okay. Well, let me get your name and address for the record. Robert Pate, 115 Manth Avenue, Cocoa, Florida, 32927. Okay. Go ahead. Jason Trace, 6027, Cardiff Avenue, Cocoa, Florida, 32927. Okay. And all together now. Do you swear to tell the truth to the board today? Yes, sir. Okay. So tell us what you're looking for. We're seeking a variance for the accessory building that was built. It is roughly between three to two inches in front of the existing house. It was a detached garage. Your application arises in District 1, which your representative is not here today, so I'll take up the duties of the initial questioning. Did you say inches? Yes, sir. Okay. Is that the only variance that you're looking for? It just looks like it's three-tenths of a foot in front of the principal structure by the survey. Okay. Which is about four inches. I'm seeing on the survey it says that you're removing some other structures, which aren't part of the zoning, but I'm just... Yes, sir. They will be removed after the building is finalized so he can use the building. So this is replacing the storage of those other... Yes, sir. Okay. Any questions from any of the other board? No, I have none. Okay. All right. Procedurally, I need you to step aside. That's fine. Is there anyone here who wishes to speak in favor or against this application? Seeing none. Any last comments, words? No, sir. Okay. Thank you. You can have a seat. You or Dr. Bass? No, I have none. Okay. So we need a motion to approve the variance. As depicted on the survey provided by the applicant with the revision date of 9-24-2025. I second that. Okay. Any further discussion? No, sir. Okay. I did ask for the audience, didn't I? You did. Okay. All right. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. The special conditions and circumstances exist, which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privileges denied by provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter, and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With these six criteria in mind, I will call the vote. All in favor, say aye. Aye. Any opposed? The application passes, or the application is approved. Just in general, have you completed the good? Yeah, we're good. We're good right now. Do you want me to read it back in? Yeah, let's do it. Yeah. Okay. Item H4, Lundy Services, Inc. Request variance of Chapter 62, Article 6, Bovard County Code for the front setback in an IU-1 zoning classification. Application is 25V00071. Located tax count number 2103214 in District 1. Okay. Now, again, you two are going to, I think we already went through this once, but let's do it again. We can do it again. I really appreciate you working with us on this. Yes, thank you. We're here to help. We're going to go through the whole procedure, so go ahead and name it in grass. Dean Yegelski, 175 East Park Drive, Tonawanda, New York, 14150. Okay. Chris Osa, 7341 Office Park Place, Melbourne, Florida 32940. All together now. Do you swear that the testimony you're giving us today is the truth? Yes, I do. Okay. I'd like to start. So I represent Lindy, Inc. We are an industrial gas company that has a facility out on Hammock Road, now in Mims. We supply industrial gases, which really primarily we make their oxygen, nitrogen, argon. It's really separating it from the air so that they can be in forms that are useful for a lot of different companies. We supply medical oxygen, we supply nitrogen for food and beverage, we support semiconductor manufacture, we support general manufacture with argon for welding, and one of the biggest things that we do out at the Mims facility is help provide fuel for the launches out in Kennedy. We've seen a really large demand increase based on the launches that are happening out there, and we are trying to expand our facility to double its capacity. We have a piece of property that's to the north of where we are now. We've worked on getting all of our equipment to fit in the site with doing the least impact to the existing environment there. There are some wetland issues that have created a very small area of space that we can build our facility in, and we are six feet over on one of the offsets based on an additional right-of-way that we were asked to incorporate. So we're off of the road by a significant distance, but when this offset was asked for as part of our planning process, it now puts the west part of our property six feet over this area, and I will let Chris do more of the explanation of that. But we've really done a whole lot of work to try to not impact more of the site than we are, and we really haven't been able to come up with any way to put this plant in here without this one small variance that we need. Thank you, Dave. And just to expand on what Dave was saying, as part of the review process that we've been coordinating with engineering staff, the current right-of-way on Hammock Road is less than what the typical section is for the county, for this rural road. So as part of the approval process, Lindy is going to be dedicating about 20 feet of right-of-way to the county, and they're also going to be improving that unpaved road to the current county requirements for that type of roadway there, for the facility and as well for the constituents in the area. But like Dave said, due to that right-of-way dedication, now that offset from the new right-of-way line to where the trucks are going to be loading is insufficient by six feet, and that's why we're here in front of you today, hoping to get approval on that. Your application arises in District 1. Your normal representative is not here, and as chair, I'll pick up on the initial questioning. You talked about the expansion of the right-of-way, and I'm just asking how – so you had to widen the access road? So Hammock Road in that area is intersected by Wiley Road, which is the connection to U.S. 1, and about – and I don't have that exact measurement, but let's just say 50 feet of it is paved currently, which leads to the existing Lindy plant. And then now with this expansion, there's going to be a new driveway to the north, and then now that section of Hammock Road is unpaved. Actually, Hammock Road to the north of there, further – a lot further north is unpaved. That's a very rural area of MIMS. So as part of this project and with discussions with staff, Brevard County wants to see that portion of Hammock Road constructed as like a true county road. But in order to do that, then you need to have 70 feet of width of right-of-way, right? And there's – the right-of-way varies. At some points it's 48, at some points it's 40. So as part of this approval process, public works and engineering is like, well, you know, we would like for you to dedicate right-of-way and also construct the road. So then that's kind of part of the process. You give that land, and then you're able to build the road to the requirements of Brevard County's design criteria. So let me see if I can state what the problem – or what the issue is. Your initial layout or plant or whatever was okay with the existing right-of-way. But once they ask you for additional right-of-way, that's where the six-foot setback differential came in. So you were good for the old right-of-way, but now you just need a variance to come closer to the new right-of-way. Correct. You said it exactly right. Okay. That helped. Yeah. Any questions from the other board members? No, that answered my question. Thank you. No, I had the opportunity to talk to Kim, and she explained it to me. Actually, I have two tangential questions. I don't know if they're really related to zoning. But you said you have – you create gases that support the launches? Yes. Is it the propellant or – We create oxygen, which is the oxidizer for the propellant, so not the propellant – at this facility, not the propellant directly. But it's in the rocket. But it's the oxidizer that goes in the rocket. That's really interesting. Yeah. Done it since 1965 there. The only other – and it's more of a personal comment. I always get Tonawanda mixed up with – I grew up in a – near a town in Pennsylvania called Tonawanda. Yeah, I know Tonawanda. Anyway, that rang in my ear when you said that. I guess we have no more questions for these applicants. Is there anyone in the audience who wishes to – come on. Just for fun. Do you want to speak? I do have a question. Come up to the microphone. I need to get your name and address and everything for the record. Jacob Bonney, 2060 Jones Avenue, Mims, Florida. Okay. Do you swear that you're telling us the truth? No. Do you swear that the testimony you're giving us today is the truth? Yes. Okay. Good. My only question is, so this only affects Hammock Road? This isn't going to affect – the setback doesn't mess around with Jones at all? No. We do have a right-of-way that we've been asked to give on the north side of our property to the south side of Jones. Okay. Oh, so you're giving property to the Jones side. We will be – I forget to say 10 feet, a 10-foot right-of-way to the north side of our property. Gotcha. Just because I was in the middle of a driveway permit, and they stopped me because they wanted to see what was going to happen here today. Oh, the last of the room? Yeah. But I think it's fine. I think it's all good. Yeah. Okay. That was my only question. You'll have a nice road going up to Jones Road. Exactly. All right. Perfect. Thank you. That was it. Thanks. Okay. Last presentation, anything? Okay. Thank you for delaying the presentation. We're a very business-friendly community here. Mm-hmm. Okay. Take a seat, please. So I will read the six criteria for – oh, yes. Thank you. I make a motion to approve the variance as requested and depicted on the site plan provided by the applicant. I second that. Okay. We have a motion by Ms. Clemons and a second by Dr. Bass. Any discussion among the board? No. Nope. Okay. Let me read the six criteria that you must keep in mind when you vote. On whether to approve this application. In order to authorize any variance, the Board of Zoning Adjustment must find all of the following factors to exist. That special circumstances and conditions exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. With those six criteria in mind, I will call the vote. All in favor, say aye. Aye. Any opposed? The motion to approve the application passes, and the application is approved. Thank you for doing more business in our community. I want to keep growing. Yes. Is there any other staff issues for this meeting? Not that I have. Okay. Legal? We're good? All right. And I declare this meeting of the Board of Zoning Adjustment for Brevard County of December 17, 2025 adjourned. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the Board of County Commissioners of Brevard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter. The Board of County Commissioners of Brevard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period. This can get out of our age buildings that they're currently in and get into this new building by the fall of 2027. So we greatly appreciate you all and your assistance in helping us get the $110 million to build this new school. Greatly appreciate that because we do not have the tax base here in Gaston County in order to fund our school. So we greatly appreciate all the work that you all have done to make sure that this happens. And as well as many of our constituents here in this county does not understand that there is no funding to renovate, to add on, to repair schools in Gaston County. That responsibility belongs to the citizens of Gaston County. And so I greatly appreciate on last night the county commission voted to move forward with the halves and sales tax to go on the ballots that our citizens once again can take a look at funding and making sure that our schools do not get in the current conditions that our schools are in because there's no funding to do repairs, funding to renovate, funding to make sure our schools are up to date. So I greatly appreciate that the county commission has moved forward because the only other option that is left is to increase the millage rate. And we know that when you increase the millage rate, that goes to only property owners. But this gives opportunity for everybody that goes spend a dime in Gaston County to help contribute to our schools and everybody that comes through Gaston County to contribute to our schools. So we greatly appreciate the work that you've done. And as has been said previously, before I got up here, Gaston County is going to have to do more for Gaston County. And we're going to have to do more. So we greatly appreciate all the work that you all have done, all the work, the partnerships, I will say, with the Department of Education. They have been wonderful. And anything that I ask them for, they have done it. So or, you know, you know, anything they ask of me and the assistance they have provided has been great. So we greatly appreciate all the work that you have done and even the calls I've talked to. I didn't know her last.