I applaud the allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. I would like to now call the meeting of the Brevard County Board of Zoning and Adjustment for 218-2026 in order. We have no introductions. We have our names out. Everybody knows who we are. We're just going to move ahead. Mr. Bode from the Planning and Development Office, would you please describe the function and operation of the Board of Zoning and Adjustment to our applicants and the audience? Yes, Mr. Chairman. Thank you. 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 Brevard County Code. The Board of Adjustment is empowered to hear requests 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 separately agree by any decision of the Board of Adjustment may, within 30 days after the date the order is signed, apply to a court of competent jurisdiction for appropriate relief. Mr. Chairman, you have six items on your agenda today. Thank you, Mr. Bode. Mr. Clemons will now read, give an explanation of the definition of a hardship as soon as we find it. That's right here. I got it. A variance may be, oops, a variance may be granted when it will not be contrary to the public interest 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 developmental 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 a landlord, landowner cannot yield a reasonable use and or reasonable return under the existing land development regulations. Thank you, Ms. Clemons. I would now like to address our board members, the applicants, and audience regarding the board procedures for today's meeting. The Board of Zoning and Adjustment as a quasi-judicial board with members appointed by the Brevard County Board of Commissioners will utilize Robert's Rules of Order to conduct its proceeding. The Chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentation, the board will begin 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 only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to present their final comments. Once completed, no further comment will be heard from the applicant or the public before the board's decision. The action then moves to the board for 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 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. I'll give you a minute if you need to see anybody up front here. Good? Okay. Our next order of business is to approve the minutes of the previous meeting in the last month. Are there any additions or corrections? No. No. Is there a motion to approve? I make a motion to approve the meeting minutes. Mrs. Clemens has made a motion to approve. Is there a second? I'll second. Mr. Holmberg has made a second. All in favor? Aye. Aye. Any opposed? No. Minutes are approved. Yeah. Mr. Bode, may we have the first applicant that is requesting a variance? Yes. Item H1, William M. and Lang L. Alexander request two variants of Chapter 62, Article 6, Brevard County Code for a proposed DOC and a PUD zoning classification. Application is 25V00080. Located tax account number 2413043 in District 2. Brooks, I'm representing you. Please come up to the podium. Hello. How are you? Hello. Please, into the mic, state your name and address for record. Tom Brooks, 1130 El Dorado Drive. I'm representing Mr. and Mrs. Lang with the DOC. Here's the hard part. Raise your right hand. Yeah. No problem. Please swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth. Yes. Thank you. Speak directly into the microphone. It's all yours. All right. Hello. How are you guys doing? We're requesting a variance to rebuild a DOC strictly within the original footprint. We're not proposing any expansion in length with square footage or boat capacity. The project is simply restoring the existing DOC to its historical place that has been used this way previously. Our situation, our lot is pie-shaped, and because of the property lines, the projected property lines, it's narrowing offshore. Therefore, applying a standard setback measurement creates a situation where rebuilding the original DOC becomes technically non-compliant. This is not due to any attempt to extend further into the waterway or gain additional access, but rather due to the unique geometry of the lot. The rebuilt DOC will not obstruct any navigation, will not impact neighboring properties, and will not increase environmental impact. In fact, with modern construction, it will improve safety and impact to the environment. The use of the scale remains unchanged. The consistent surrounding DOC, there's common DOCs in the area. We respectfully ask for a minimal variance so we can restore the DOC to its historical footprint. Okay. Thank you. Don't go anywhere. Mrs. Clemens is the rep for your district, but before we turn it over to her for questioning, I would like to pose some questions to Mr. Bodie. Since this is a PUD zoning classification, which, correct me if I'm wrong, that's an HOA, and a lot of that stuff is different than what the county proposes. Is that not correct? I'm not sure if it's an HOA or not. It is a planned unit development. It has the same codes for DOCs as any other single-family or multi-family zoning that's on a man-made waterway. So there's no difference between the PUD and what the county wants, correct? No. Okay. Thank you. Thank you. Ms. Clemens, all yours. I actually don't have any questions at all. It seems pretty straightforward. Okay. I just have one question. I wanted to make sure. Is this for us? Yes. Dr. Bass. It's the house to the north. You're very close to their dock, at least in the picture, but you've said that the scale remains the same? Yes. All right. And they've been notified of this? Correct. And I believe they've signed as well. All right. Okay. I have no further questions. Would you mind just stepping to the right? Is there anyone in the audience who would like to speak in favor or opposition to this variance? Please step back. Mighty if you are. Okay. What is the pleasure of the board? Is there a motion for this? I'd like to make a motion to approve the variance request as depicted on the survey by the applicant with a revision date of 12-10-2025. I'll second that. Okay. Any discussion? No discussion. No discussion? All right. Hearing no further discussion, I'll now read the six hardship points. Okay. Number one, that special condition and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requests that 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, number four, 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. Number 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. We have no other questions, correct? We have a second. All in favor? Aye. All opposed? No opposed? Minutes? Variance is approved. Thank you, sir. Thank you very much. Mr. Bodie? Yes, item H2, the Edward Mills-Lish-Missla. Revote, thank you. Revocable trust. Request variance to Chapter 62, Article 6, Bavard County Code for setback and a GU zoning classification. Applications 25V00091, located at tax count number 2623244 in District 2. Good afternoon. Good afternoon. Good afternoon. Good afternoon. Good afternoon. Good afternoon. Name? Edward Missla. Edward Missla. Edward Missla. Address? Oh, 6395 U.S. Highway 1, Rockledge, Florida 32955. Thank you. Raise your right hand, please. Do you swear and affirm that the evidence you're about to give to this Board of Adjustment is true? I do. Thank you, sir. It's all yours. I'm asking for a variance to the setback on my property for the construction of a pergola. There's currently a driveway there which extends from the house about 22 feet out, has been a paved driveway for 25 years, and we'd like to construct a pergola to cover our motorhome. The motorhome cannot be accommodated in the garage because it's 11 feet high. The pergola will extend from the side of the house, will not attach to the home, and will literally be a cover, carport, if you would, for the vehicle. The difficulties we see if we have to abide by the setback is it would split the driveway in half, which would make, well, the construction of the pergola would be required to be on half the driveway, which would actually make it useless to put a vehicle in there and or the motorhome. That's it. That's it? That's it. That was pretty simple. Would you mind stepping to the right? Is there anyone in the audience who would like to speak in favor or opposition to this variance? No? Please step back, sir. Thank you. This variance falls under District 2, which is Ms. Clemens. The floor is ours. I, again, don't have any questions. I think it's pretty straightforward. Thank you. I do. I have some questions. When I'm looking at the overhead, the Google Map overhead site, it looks like your property limit is now moving into your southern neighbor's property. And I'm guessing on southern, when I look at this, it looks like the people to the south. That isn't correct. These representations are not surveys. You'd need to look at the survey that was provided with you. And the pergola, the construction is going to be on the north side of the house. It won't be on the south side. You mean you want me to look at this with nothing? No. The survey that was provided shows the pergola, proposed covered pergola, along with his house and everything. By the pool? No, ma'am. Okay. It will be adjacent to the north side of the home. If you look at the driveway, that extends from the roadway all along the north side of the home. May I approach? Yes. You are going to be able to talk to her because we have to pick it up to her. Sherry didn't have the speaking to the mic. Sir. I'm sorry. Let's talk to her without the mic. Can we have that back? Sherry, you have to be at the podium. Steve, can you show her where this is located at on the survey? Sherry. She seems to be having trouble. Yes, I am. Yeah. The little one right there. What he was saying, Dr. Batts, is that this isn't an actual depiction of the survey. So, it's... The dock goes out east into the Indian River. Mm-hmm. So, the house is going to be on the north side of there, if that gives you a reference. Now, how close are you? All right. So, is that going to interfere at all with your neighbor to the north? No. So, the houses are extremely close in this area, so... As we've had a paved... I've got a paved driveway... Okay. ...that's out there. And I'm going to guesstimate from the driveway to the house, to the neighbor's house on the north, is probably at 15 feet. Okay. We've got a grass area there. He has an air conditioning unit out there, sprinkler systems. Okay. All right. I'm comfortable with that now. Yes. Okay. I was thinking it was on the other side, which... Yeah, that would be a problem. Okay. Do you have any other statements, sir? Nothing further. No? Good. You can be seated. Thank you. Do you need the hardship, or do I make a motion? Is there anyone in the audience who would like to speak in favor or opposition to this variance? Members, what is the pleasure of the board? Is there a motion? I make a motion to approve the variance as depicted on the survey provided by the applicant with a revision date of 11-26-2025. I'll second that. Dr. Bass has seconded the motion. Any discussion? No. No discussion. Hearing no further discussion, I'll now read the six. Undo hardship. One, that special conditions and circumstances exist which are not applicable to the other land, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requests that 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. Number five, 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. All in favor? Aye. Aye. Any opposed? No. Variance has passed. Thank you, sir. Thank you. Okay. We're good. Mr. Bode, may we have the next applicant? Yes. Item H3, Shane Clark-Edward and Joseph Fien-Infanti request three variants of Chapter 62, Article 6, Brevard County Code, for principal structure of swimming pool screening closure and an accessory structure in an RU-1-11 zoning classification. Application application is 25B-000, located at tax count number 243-7983 in District 2. Thank you, Mr. Rooney. Hello. Shane Edgar, 365 Hula Circle, Merritt Allen, Florida, 32952. Perfect. Raise your right hand. You swear and affirm that the evidence you're about to give to this board of adjustment is true. Yes. Thank you, sir. It's all yours. All right. I was here three months ago and did a vacate, and now we need a variance. We bought the house in 22, and these structures have been since Google Math there for 15 years. Went to sell the property last year and caught that the plot lines, deans, and all that stuff was not give a clean deed. So I'm here asking for a variance. That's it. It was there when we bought it. I don't know. The buildings were there when we bought it. Basically, it'll legitimize, right? Yes, sir. Okay. Ms. Clannens, this is your district. You have the floor. Yeah. Same thing. I think it's pretty straightforward, and no questions. Any questions, Dr. Bass? Yeah. I just want to clarify. So everything here for this variance, as I think was already asked, is already existing? Yes, ma'am. From Google Maps for 15 years. Right. Okay. Okay. So you didn't put these in recently? No, ma'am. Okay. All right. That was my only question. In other words, you're more or less grandfathered in on this. I believe so. That's why I'm here to make sure. All right. Okay. I have no further questions. Would you mind just step in the right? Thank you. Is there anyone in the audience who would like to speak in favor or opposition to this variance? Jeff, please be seated. I make a motion to approve the variance as depicted on the survey with a date of 8-7-2025. I'll second. Any discussion? No discussion. No discussion? I will read the six undue hardship items. Number one, that special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. Excuse me. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance request that 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. 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. Number five, 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. Opposition? I heard he did that. We're done. I lost my brain matter for a moment here. Mr. Bode. Mr. Bode. Mr. Bode, may we have the next applicant? We didn't vote. I knew it was. I was thinking y'all didn't vote. Oh, sorry. Okay. Do we vote? Yay? Yes. All in favor? Aye. Aye. Aye. Opposed? Variance has passed. Thank you, sir. Thank you. Now, Mr. Bode, may we have the next applicant? Yes. Yes, item H4, Bradley D. and Cheryl L. Smith request two variants of Chapter 62, Article 6, Brevard County Code for a flagpole and an RU-1-11 zoning classification. Applications 25V00094, located at tax count number 2719508 in District 4. Mr. Chairman, if you would allow me, I'd like to give some more background with your permission. Speaking. Let me over here. I'm the Director of Brevard County Planning and Development, Billy Prasad, and with your permission, I can give you a little bit of background. As part of my role, I oversee not only the zoning area, but Code and Contractor Compliance Division as well. As this application is related to a code enforcement action, I wanted to give you some staff perspective as it relates to the code case. I especially want to express that staff does not object to the approval of this application because of the code enforcement case. On the contrary, we defined it to be a satisfactory conclusion and would bring the property into compliance. As is stated in the application for this variance, the flagpole at issue here has been in place since around 2006. While county staff is obligated to enforce our code upon receipt of a complaint, as is the case here, we are not without empathy for the applicants. They are sandwiched by properties owned by the same trust, and both of those neighboring properties have had significant code enforcement violations that are detrimental to the community. While the violation at issue here is of a very different nature to those cases, this case appears to have originated from representatives of that trust. As the mission of Brevard County Code Enforcement is to obtain voluntary compliance, staff appreciates the applicant's willingness to go through the process to cure this violation. Thank you, sir. Thank you. Please state your name and address. Cheryl Smith, 465 Kenneth Drive. And you already know how to raise your hand. That's very good. Yep, I'm ready. I've been taking notes. You swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth. Yes, sir. Podium's yours. Thank you. I'm going to go ahead and read from a script, and thank you very much. Members of the Board, we respectfully request approval of a 9-foot-2-inch variance pursuant to Brevard County Code Section 62-3316 for the existing American flagpole located at 465 Kenneth Drive. The flagpole has been in its current location since 2006, where it is situated 5 feet 8 inches from the adjacent property line. At the time of installation, it was placed with the knowledge and assistance of our former neighbor, Alan Payne, a veteran who supported both its location and purpose. The condition is longstanding as was not created to circumvent zoning requirements. Section 62-3316 establishes a 15-foot step back for flagpoles adjacent to vacant lots. Strict application of this requirement would necessitate us relocating the flagpole approximately 9 feet 7 inches, placing it in the center of our existing concrete driveway. This would require substantial alteration to the driveway, and we would lose our access to the garage, also creating an unnecessary and disappropriate hardship, particularly for us as retired senior citizens on a limited income. The flagpole does not interfere with overhead or underground utilities, does not obstruct sight line, does create a safety, does not create any safety or aesthetic concerns. Its placement is compatible with residential character of the neighborhood and has coexisted without issue for nearly two decades. In addition to meeting the technical standards of the code, the flagpole serves a legitimate civic, purpose. It's a respectful display of American flag honoring military service within our family and the broader community. It recognizes our Marine Corps family stationed overseas. It commemorates our loved ones who have served and passed and has been quietly acknowledged over the years by the neighborhood veterans as a symbol of shared service and respect. The current complaint was filed by the adjoining property owner's son. The adjacent partial contains stored vehicles, vessels, and equipment, and the flagpole does not impair the reasonable use of that property. Granting this variance would be consistent with the intent of the Brevard County Code Section 6162-3316 by avoiding unnecessary hardship, preserving neighborhood compatibility, and ensuring that the variance is not contrary to public interest. Approval will allow a longstanding, non-intrusive, and meaning structure to remain in place without adverse impact. And I have signatures from all of our neighbors, save two of them, obviously the complainant. And there's a neighbor across the street who wouldn't sign it because she's afraid of the bullying that's been going on in the neighborhood, so she didn't want to get involved. So I have that if you want me to submit that. Thank you. Thank you. I have pictures, too, if you need any explanations. This is Dr. Bass's area, and I'm going to turn this over to her, but I have just one question first. Is that okay? Yes. Are you a veteran? No, sir. Is anybody in your family a veteran? We have many veterans. We have my father and his brothers were in World War II. My father was in Japan. And his son, siblings. Our son-in-law is in the Marine Corps. He's got 23 years. Our son-in-law is in the Marine Corps. He's active duty. He's got 23 years. He's a chief warrant officer. If you're going to speak, you really need to get up and speak into the microphone so it can be picked up by the reporter. I'm sorry. Our son-in-law is in the Marine Corps right now. He's got 23 years, and they're stationed in Hawaii right now. And he's a chief warrant officer of three. Okay. Thank you, sir. I think I'm going to need you for this one. I'm a Vietnam War veteran. I have 36 years in federal law enforcement, and I have very strong feelings about flags and things of that nature. So I might have to recuse myself from... Not necessarily. I mean, everybody has a different background, and, you know, you bring your own experiences. I won't vote on this, but... You know, everyone has their own experiences, and you bring that to the board, so I don't see any conflict here. Okay. So I think you're all right. Okay. All right. I'll stay then. Thank you. Go ahead, Dr. Day. I did have a few questions. Thank you. But thanks to the presentation and the backup information that we got from the Planning, Development, and Zoning Board or Development Office, I don't have any further questions. That answered mine. Okay. No further questions. No further questions? Do you mind just... Can we get the list of your neighbors for our... I can give you that. I made a copy for myself, if you don't mind. Can I approach you? Thank you. Is there anyone in the audience who would like to speak in favor or opposition to this variance? Yes. Come to the podium, please. Have a seat. An address. Please speak in your mic. Patrick Payne, 461 Kenneth Drive, neighboring property. Raise your right hand, sir. Thank you. Do you swear in front that the evidence you're about to give to this Board of Adjustment is the truth? Yes. It's all yours. Thank you. I got something written out here. Please speak in the mic, Jim. Sorry. My name is Patrick Payne. I'm the adjacent property owner at 461 Kenneth Drive. I would expectably oppose this variance request to reduce required setbacks for a residential flagpole. The requested reductions create an unnecessary safety hazard to nearby properties and conflict with the setback standards that protect public safety and property. Sir, I'm sorry to interrupt. Could you just get a little more closer to me? Sorry. It's not friendly. Yes, sir. Thank you. The applicant lot is approximately 16,000 square foot. On a lot of this size, there are compliant alternatives for the flagpole, such as placement farther into the central yard. That can meet required setbacks without needing a variance. My property is directly adjacent, and if the flagpole fails, my property is the most likely to be struck or damaged. The applicant is requesting setbacks of approximately 5.8 from the side property line and 9 feet from the front instead of the required 15-foot setback under Brevard County Zoning LDR setback standards for this residential district. Denying this variance does not prohibit a flagpole. It only prevents placement that undermines the purpose of setbacks, protecting neighboring properties, maintaining safe separation, and reducing foreseeable hazards. I have personally observed ongoing structural and safety concerns with the existing or prior flagpole, including a prolonged lean to the west. Apparently, lack of maintenance and a recent collapse during a minor wind event that nearly caused damage to my adjacent property. These facts strongly suggest an inadequate foundation, inadequate engineering, or both, and importantly, a history of failure. In Brevard County's hurricane-prone environment, a tall flagpole placed close to a property line presents a foreseeable risk. Any replacement should be designed for high wind conditions consistent with the Florida building code. An applicable wind design criteria, and I think it's something like 150 miles an hour, depending on the exact site, at minimum, it must meet the current code requirements. If the board considers any approval, I urge you to require code-level compliance measures that match the risk, including permitting through the building department before installation, Florida licensed professional engineering with stamp design and foundation plans, manufacturer specifications, including height limits, wind rating, and installation requirements, load calculations consistent with current code, wind criteria, post-installation inspection, and confirmation that installation matches approved plans. If any existing structure is noncompliant or unsafe, I respectfully request the county to require removal or remediation through proper enforcement channels. For these reasons, I respectfully ask the commission to uphold the 15-foot setback and deny the requested variants. I also request the county require compliant engineering permitting, inspection, and any necessary enforcement actions for safety. Please apply the land use code consistently and equally, deny the variants, and require a compliant, safer placement. I have no problem with the flag or flagpole. It's just the placement next to my property. They have plenty of opportunities to place it around their lot. Thanks, sir. Hang on one second. Dr. Bass, do you have any questions for us, gentlemen? Yes. You said that there's a leaning to the west over your property. My property is to the north, and it's just south of my property line by five foot. So, it was leaning along the property line, and when it collapsed this year, where there was no hurricane, just a wind gust, it collapsed to the west, and it missed my property. But it can easily go on my property. All right. So, it did miss your property. Yes, ma'am. What is on your property within 10 feet of your property line? Sometimes I park a vehicle there. I didn't notice the driveway back there. It looked like it was. There's a culvert and an entrance to that lot, 15 foot over from the property line. All right. I was just... If you look at the overhead shots. I have. In fact, one of the photos they show where the machine's backing off the trailer, that's on my culvert driveway. Mm-hmm. I have no further questions. Do you have any questions, Ms. Gordon? How long have you owned the property? I don't own the property, and my father doesn't own the property. The trust owns the property. Okay. Well, how long has the trust been in possession of the property? My dad owned the property since 1963. Oh, that. There's two properties. I'm sorry. The house at 461 has been owned since 62, I think. And the property on the north side, where the flagpole is, has been owned from about 1968. Okay. And do you reside in the property? I reside at 461. And how long have you resided in 461? I've resided there, well, I was taking care of my father after he stroked out, so I've been there since COVID. And the pole's been there for 20 years? Less than. Okay. It's been there over 10 years, but it's... You said almost two decades in your presentation. Yeah, I think it said 16 or 17 years or something. Oh, 20 years. Oh, so. It's been there a while, but again, it's, there's no problem with the pole. It's the placement and the engineering of it. Yeah, but the pole's been there. Yes. So it's new that this is an issue. And it's dangerous, and it fell. I know that my flagpole broke with the last windstorm. This year? That we just had. Yeah, just the one that was two months ago. Make sure you speak to the mic so we can pick it up on the recorder. Me. Any further questions? I do, but for them. Okay. Thank you, sir. Have a seat. Thank you. Is there anyone else in the audience who would like to be for or against? Good afternoon. Hi. My name is Lisa Loper. I live at 479 Kenneth Drive, Melbourne, Florida. Okay, great. By the name, please. Do you swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth? Yes, I do. Are you for or against? I am for keeping the flagpole right where it is. Go ahead. First of all, I'd like to say thank you very much for your service. My husband is a very proud veteran. Of the U.S. Army. If we were home at the time the flagpole fell over, he would have been over there helping to reconstruct it. I have lived at the property for over 20 years. The flagpole was erected long before that. It's a vacant property that separates my house with their house. And it's Brad's father that owned the property, or Pat's father that owned the property. It's a vacant lot. If the flagpole, if the winds got strong enough to blow the phallic pole, to break the flagpole, our screen porch might be in, it could be hit. We don't care. It's the flag. So, both, if I can speak for my husband, who's out of town working and is the proud Army veteran, we definitely agree with the flagpole remaining exactly where it was at first constructed by the help of Pat's dad. And I stand here, just to let you know, at the risk of being retaliated against for being here. Thank you. Don't go anywhere. No, I don't. Thank you. Clemens? I do. You spoke of the, when I'm looking at these pictures, you're on the south side of the property? We are on the north side. You're on the north side. We're right there in the corner. And when you said vacant lot? The vacant lot separates our house from their house. Okay. And then Pat's on the other side, Allen's house. And the vacant lot is not the lot in question? The vacant lot is the one in question, yes. Mm-hmm. Interesting. Okay. Thank you. You're welcome. Thank you. Have your seat. Is there anyone else in the audience that has, would like to speak in opposition? No? Don't move. Okay. I have a question for the gentleman. Could you just give a short synopsis of what you read for the problems? Sure. So on the property for which the variance applies to, there's a code case, obviously, regarding the flagpole within setbacks. The complaint was received by representative of the trust to the property, both to the north, that's that vacant lot, and the south that's owned by the same trust. Those properties have had very significant number of code enforcement violations that have been found by the magistrate. And those cases are still ongoing. They're in lien status and hearing status to this day. So the main thing I just wanted to point out was, you know, our goal from a contractor and code compliance standpoint is voluntary compliance. And these applicants have shown a willingness to bring their property into compliance through going to this hearing. And I didn't want the board to see the mention of a code complaint and might be dissuaded from approving when really that's one of the paths to compliance here. Thank you. Sir? Ma'am, would you like to make a rebuttal for a couple minutes? If you don't mind, I can do the picture thing. Okay. There it goes. So that is the flagpole as she stood. But what you see behind it, all that, that is, quote, the vacant lot. And granted, if it did fall and it fell exactly on the vacant lot, what you don't see is six to eight foot of overgrowth, that would cushion any fall. We have to live with that. And there's a boat there, maybe in the direct path, a little tiny one with the white. It's been there 34 years. Nobody's ever taken it out. The truck never moves. The solar panels don't move. And the big 23-foot sailboat. So I don't think that even if it fell, and our plan is to put up a heavier gauge, a brand new flagpole set with the heavier pipe, the big pipe, and same height and same criteria, but just a heavier gauge. So that's our plan. And if we were awarded the variants, we would be able to do that. Can I ask any further questions? No. No further questions. Thank you. I have one question for you. Yes, sir. Have you considered just making the flagpole smaller? I mean, and the problem goes away. I mean, is there a reason why? It's just standard 20 feet. It's not huge. It may look really big, but it's not like Jim Rattman. So it's just making the flagpole shorter, which still has the setback requirements. It's the distance to the property line. No, I understand that, but the problem seems to be the flagpole falling. That's what the news is. Well, I mean, even like it did fall, but it didn't fall on his property. Okay. All right. Thank you so much. Have a seat. Thank you very much. Uh-oh. Too late. Mm-hmm. Okay. Any discussion? No. All right. What is the pleasure of the board? Is there a motion? Yes. That is my district. I will make a motion. I make a motion to approve the two variances as depicted on the survey with the date 12-05-25. Is there a second? A second. Ms. Clemens seconds the motion. No further discussion. For discussion, I'll read the six undue hardship points. One, that special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. Two, that the special conditions and circumstances do not result from the actions of the applicant. Three, that granting the variance requests that will not confer on the applicant any special privilege that is denied by the provisions on this chapter to other lands, buildings, or structures in the identical zoning classification. Number four, that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification. Number five, that the variance granted is a minimum variance that will make possible the reasonable use of the land, building, or structure. Number 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. Board members, keeping these six criteria in mind, I now call on the vote. All in favor? Aye. All opposed? No. Your variance has passed. Congratulations. Thank you. Mr. Bodie, may we please see the next applicant? Yes, item H5, Craig V. and Vicki L. Sorensen request variance of Chapter 62, Article 6, Brevard County Code for an accessory structure in RU-1-7 zoning classification, application 25V-00095, located at tax count number 2802415 in District 5. Well, my name is Craig Sorensen. I live at 527 Church Street in Melbourne, Florida. Please raise your right hand, sir. Do you swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth? Yes. Would you please speak into the mic? Yes. I know it's small, but... Okay. You don't have a vet back, do you? No. Okay. I would like to build a 30 by 40 structure for a workshop. I work on some antique vehicles that I have. I'm bringing them right back into Melbourne again. And I would like to store them in the shop for us to work on it. And it's an empty lot that we have behind our house towards Center Street. And it shows on the survey map that we have. You can see where the structure is going to be proposed to build. And we did some research on it. And we... Right now, we're like four inches above the center of the road height. So I have to bring some fill in for it, but the neighbors have no objection to it. I did go around and ask all the neighbors on our block and the adjacent blocks around facing our block. And nobody opposed it. I got all the signatures there in the petition. I sanded it out. So I'd like a variance to build this building. It'd be 30 by 40. And I got access off of Center Street. Existing access. Existing access. Sorry about that. Thank you. This is Mr. Huffman. He's not here this week. I'm going to ask Dr. Bass to... Do you have any questions for this gentleman? Actually, no. You have a large amount of property, I can see here. And it does not appear that you're going to be interfering with your neighbor's property on either side, on any side. First of all, there's a road on two sides. And then you have residents to the south. But it looks like you're going to be avoiding any interference with any of your neighbors. Correct. I did talk to them. And they are all in favor of me building it. There are no objections to it, as well. All right. All right. I have no questions other than that. Thank you. Ms. Clemons? No questions. No questions. Thank you so much. Is there anyone in the audience who would like to speak in favor or opposition to this variance? Thank you, sir. Too many people left in here. Do you have any other comments? No, it's just that I would just like the variance to build this building. Thank you. Please sit down. Thank you. You're good. Members, what is the pleasure of the board? Is there a motion? I make a motion to approve the variance as depicted. I just put it away. 12-3. As what? December 3rd. December 3rd, 2025. I second. Is there a second? I second. Discussion? No discussion? Hearing no further discussion, I'll now read the six undue hardships. Number one, that special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requests that 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 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. Number five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting, number six, 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. Board members, do we have a vote? Aye. Aye. No. In opposition, the board approves the variance. Mr. Bodie, next applicant, please. Yes, item 8-6, Susan R. Gasparini, request variance to Chapter 62, Article 6 of our county code for a principal structure in an RU-1-7 zoning classification. Application is 26V-00004, located at tax count number 303-1141 in District 5. Hi. My name is Susan Gasparini. I live at 497 South River Oaks Drive, Indy, Atlantic, Florida. Please raise your hand. Do you swear to affirm that the evidence you're about to give to this Board of Adjustment is the truth? I do. It's all yours. Okay. Please speak into the mic. I know it's difficult. I'm requesting approval for a variance for my back porch. This is a new build, and we've already started. The plans had been previously approved quite a long time ago. I've got over $100,000 into where I'm at right now. I've got my footers, my stem wall, all the plumbing and electric, you know, the ground part of it is completed. I don't have a neighbor behind me. I have a ditch, which I would say you can verify it more accurately, I'm sure. But 30, 40-foot ditch in the back, and then I'd say an 8-foot wall. So I'm not intruding anybody's base. When they look from their porch from that subdivision, you would have to be enormous to see, you know, much of my backyard, as it states. And the neighbor to the west of me, he has plenty of land, and the young lady to the right of me, there's no opposition whatsoever. And, you know, I'm needing an additional 10 feet, it appears, is the rule. And so, yeah, I just want to move forward and build this house. I've got a year into this. This has taken me forever. There's been so many stops and starts again. And, yeah, I mean, it's going to be a nice addition to the neighborhood, and I think somebody's really going to like that back porch. Plus, my trust guy called today, and he said, hey, Susan, we're waiting. You know, they're just sitting here. And so that's all tied in to, you know, the existing trusses for the main part of the house. So, yeah, I just want to go about my business and build this house so I can live there. Thank you. This falls into Mr. Huffman's district. He's not here. I'm going to ask Ms. Clemons. Do you have any questions? Sure. Actually, you answered it. I was wondering if you had purchased the truss package already. Yes, a long time ago. Okay. Are you planning on occupying the property? I am. Okay. I'm owner-builder. Okay. So, yeah, this is my first experience, so it's been a challenge. Provide County's fun. Yeah. And it's so good. Yeah, I mean, it's going to be nice once I'm done. So, yeah, thank you. Just a couple of comments. And looking at the zoning map, it's obvious that you don't have anybody close by you in the rear. And as you said, the property to your west, which this wouldn't necessarily be affecting, is quite large. Yes. So, I don't see where this is going to impede any place on your neighbors. Right. All right. That's all. Good. Would you mind stepping inside? Sure. For one second. Is there anyone in the audience who would like to speak in favor or opposition to this variance? Please, sir. Come on down. Would you mind having a seat? And then step a seat. You can sit right here in the end. Hi. My name's Clark Rowland. I live at 217 Dotted Dove Lane. That's the house that's behind her, beyond the wall. Just your name and address right now. Oh, okay. Now, raise your right hand. Thank you, sir. Do you swear and affirm that the evidence you are about to give to this Board of Adjustment is the truth? Yes, it is. Mike's yours. Talk. Please speak in there, Mike. Okay. I only have a little bit of a concern about what type of structure she's going to build. And is the main wall of the house still within the 20 feet limitation now? You explained that there was going to be the back porch that was going to be needed to change to the 10 foot. But I know there's property in the back that belongs to our association. There was a ditch back there. And there's some palm trees back there that are on the association's property. I just wanted to know for sure how big a structure was going to be that required the 10 foot variance. Of course, I'm concerned that if the structure's not right, it might depreciate the value of my property, even though it's beyond, there's a wall there that's by our association of Oceanside Village. I just was concerned about whatever would be built there. Will this depreciate my property by a great, I don't want to comment too much, like a great big ugly wall being built there. But she's saying that it's only the back porch that is beyond. So I'd like to have a little more clarification of exactly what the structure will look like. Thank you, sir. Hang on. Dr. Bass, you have some questions? Well, the structure's 10 by 25 off the back of the home. What's the, does the exterior wall fall within the 20 foot? Yeah, it's an open porch. It's got a covered roof on it that goes into the trust root there. The wall goes all the way down the side, so it's just an open patio supported by three different columns. It's all open. That explains it a little better. Yeah. The actual wall of the home is still going to meet the required 20 foot setback. Okay. Okay. Have you seen these? I have. No, I have not seen it. That's my concern. That's what it's going to supposedly look like. Yes, sir. There are my neighbors here. No, no, no, no, no. No. You have to be sworn in, I guess. That's the back end of the house? That's the pillars there? Or is that the back? This is the best depiction. That's the back of the house. Is it a two-story house? No, sir. One-story house. It's a one-story house. All it is is an open porch in the back. Okay. That makes you sound a little better. Thank you. Thank you. If you'd like, we can give you copies of this after the meeting. Is there anyone else in the audience? What? Please come up. I'm Catherine Scheidel. I'm at 207.adov. Please speak into the mic. Catherine Scheidel, 207.adov. Do you swear and affirm that the evidence you're about to give to this Board of Adjustment is the truth? Yes, I do. Any questions, Dr. Bass? No. Well, she hasn't said anything yet. Okay. I just had a couple questions. One, we went over, we looked over the wall because the ditch area on the other side is considered part of our property. And so we saw where the concrete is. So that's just going to be a covered porch is what I'm hearing. Susan, would you mind speaking into that? All right. That's just going to be a covered porch, right? A 10 by 25 is what the measurement said. That's not our question to answer. Okay. We would have no idea. Yes, it's just a covered porch is what they're building. Okay. It's covered and it's supported by three columns. It's all open. The roof is going to be trussed. Going into the house, it's trusses. It's a single-story house. Okay. In black, we can give you copies of the plans after the meeting. And that would be great. If they pass this variance, if you pass the variance, and I'm not opposed or I don't go either way. Sorry. If the variance passes, would there be something that restricts them from being able to, like, put a jungle gym in the back that ends up being partially on my property? Would that be, that wouldn't allow them to put anything else back there, right? That would be a question after the fact. There would have to be another hearing, another variance. We would have no idea right now. Okay. I just want to speculate. Yeah. This is one thing at a time. Okay. I just don't want something built that's going to put any kind of liability on me. So, all right. This is all on her property. It isn't going to be any liability on y'all's property. Yeah. The patio is. I just want to understand. What they're applying for right now. Yes. And that would then be in the, would be, and I've never done, gone to one of these before, so I'm probably asking stupid questions. But the, if this variance is given, then it resides with that property so that any time somebody buys that, they understand that they don't have the normal variance in the back, correct? Or the normal distance in the back? What was the question? You don't have what? If there's a variance, then would it stay with the property? So, in the event that she decides to sell the house, whoever buys it from her understands that their property line is not 20 feet back. It's only 10 feet back. That's shown on the surveys. Whenever you purchase your property that you get, it will show up there that that is the 10 feet to it. Okay. As long as they understand, as long as it stays with the property, that it's a variance there and not the normal. If this property was being built with a panned aluminum roof without supporting the columns and stuff and not a truss roof and a screened enclosure, it would allow it to go up to 10 feet and she wouldn't be here asking for a variance. Oh, okay. So, that's the only reason why the variance has to be given? There's different codes for different structures. Okay. All right. That's all. Thank you. Thank you. Can I look at that picture? I'm sorry. Could I please look at the picture or are you going to give me that? We'll have to print it out and get it to you after the meeting. Thank you. Please. Take a couple minutes. Do you have a rebuttal or anything else you want to say? Well, I think all the vegetation that's standing right now is on my property. It isn't on the property behind. So, that will be maintained and, of course, additional landscaping will be installed and it will be installed professionally and aesthetically, you know, pleasant. This is new construction, so it's, you know, it's going to be very nice. And if for any reason I sell the property or I want to add something to the property later on, I would have to go through this if it encroached, you know, if I needed that, you know, another variant. So, everything would be done correctly. I don't foresee anything. I'll probably be broke afterwards. So, yeah, that's all I have to say. Thank you. Have a seat. Thanks. We have a motion. I make a motion to approve the variance as depicted in the survey with the revision date of 12-10-25. Do we have a second? A second. Any discussion? No? No discussion. No. All right. Guess what? I'm going to read the six. What? I'll do hardship. Number one, the special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requested will 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 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. Number five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Number 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. Board members, do we have a vote? Aye. Aye. Aye. Aye. Aye. variance is granted. Congratulations. Thank you. That's about it. We're done. Recognizing no other applicants, that concludes our agenda for today. I declare this meeting of the Brevard County Board of Zoning Adjustment for 2-18-26. We've got still active. No, because what Billy said is, for any of the board members that are not here, they can go back and watch the video. I think we're making a decision. Yeah. I think he was just going over. True? Yeah. I don't have a little time. Okay. So at our last Board of Adjustment meeting, we asked that we wanted to provide you with some discussion of Board of Adjustment, about applying variances and things like that. So we want to keep it live so that your other board members that are not here today, they can go back and watch the video, but we would also be willing to have the discussion over again in person as well, but we want to make sure it's available on video, too. Is that okay? I think it would be better if we postponed it until we had the other board members here. I mean, we only have three people here. Who's actually missing besides Bill? Sonia. Oh, Sonia, yeah. Yeah. Yeah. And either way, they can adjourn the meeting, the official meeting, and then you guys can decide whether to have the discussion or not, right? Then we can't. The recording goes off and Sonia and Bill wouldn't be able to watch. Right. That is the reason we want them to keep it going. Well, let me ask you, is it something that's a necessity right now for just the three of us as opposed to all five? I mean, it doesn't matter to me. I'm allowed out, so. I just believe that with Bill and Sonia, we need to have them be listening to it and provide questions. Otherwise, they're looking into recording. You're correct. They can't provide their comments. Yeah, I absolutely agree with that. Thank you, Dr. Bass. Okay. So, absolutely, we can go ahead and postpone this until your other two members are available. Okay. Thank you for your comments. Very good point. I declare the meeting of the Brevard County Board of Zoning and Adjustment for 2-18-2026 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.