request for variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9 pursuant to florida rules of appellate procedure any person or persons jointly or separately aggrieved by any decision of the board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief ms chairman you have eight items on your agenda today thank you that was mr bode from the planning development office describing the function and operation of the board of zoning adjustments to our applicants in the audience thank you now will we have ms clemens please explain to the applicants in the audience the statutory definition of hardship an undue hardship a variance may be granted when it will not be contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undue hardship has a specific legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under the 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 adjustments will discuss these questions today with each applicant who has requested a variance thank you ms clemens i will now address our board members the applicants in our audience regarding the board procedures for today's hearings the board of zoning adjustments as a quasi board with members appointed by the bevard county board of commissioners will utilize robert rules of order to conduct this proceedings the chair is asking all board members not to ask questions while the applicants are making their presentations once the applicants have completed their 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 question we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to address the board only once at the conclusion of public comment the applicant will be given additional time for rebuttal as well to present their final comments once completed no further comment will be heard from the applicant or the public the action then moves to the board for discussion in action we will not use a timer for this meeting instead we're asking each speaker to be concise in what they have to say it's important that you stay on the subject and avoid information that's not relevant all all persons speaking must provide their name and address for the public record those wishing not to verbally state their address may ask the clerk at the podium for a dress card please fill it out and return to the clerk are there any questions regarding these procedures from the board members are there any questions regarding these procedures from the applicants seeing none from the audience we will move to our next order of business meeting minutes any changes and motions to approve i move we approve the meeting minutes of uh the meeting of march it's the date 18th okay i move that we approve the meeting minutes of the meeting of march 18th uh 2026 i'll second that okay so we have a motion to approve the meeting minutes the first and a second thank you those meetings have been approved applicants for variants actually go ahead and take a vote take a vote to approve those many minutes after the motion after the motion can we have a all in favor all in favor hi the meeting minutes have been approved thank you application for variants reading that application the first one mr bode please yes item h1 matthew sean matthew hasbar request two variants of chapter 62 article 6 bevard county code for the lot width and the lot size and a gu zoning classification applications 26 v 00005 located in district one this item was tabled from the march 18th 2026 boa meeting okay is the applicant here sean matthew has all seeing that they're not here will we be table witness again or no i don't think you can table it again okay we cannot table it again is it dismissed well no action yeah yeah you can deny it they haven't shown up it's up to you it's up to the board you can take action but one last call for the subject on h1 sean matthew has all you can take action based on what you have what you've been given anybody like to choose i make a motion that we deny and i would like to make a recommendation besides denial this property might need to come in again for a variance maybe somebody else will be able to have to apply for it to get the property legitimized and if you deny it then he won't be able to come in because you cannot apply for the same exact variance so you might want to just dismiss it i don't know it's up to y'all is the word dismiss then as opposed to denial we use the word dismiss deny means you're going to deny what was the proposal is for okay it's it's up to the board you guys can you know you have those options so let's have a discussion dismiss it then they have another opportunity we want to use language that allows them to reapply right yeah he would have to reapply what do you say miss clemens i agree so do we use dismiss all right i move that we dismiss this application uh presuming that they will reapply at a future time second i'll second okay we have a dismiss by mr hoffman and we have a second by dr bass all in favor of this dismissal aye all right h1 have been dismissed mr bode number two yes item h2 jesse richard and myra parker bowling request variance of chapter 62 article 6 of our county code for an accessory structure in rr mh-1 zoning classification located at tax count number two zero zero four nine seven four district one can the applicant come to the podium good afternoon good afternoon that's where you in please yes ma'am please state your name and address for the record myra parker bowling my address is 4890 patty lane mems florida 32754 okay so you swear to tell the truth yes ma'am how can we help you this afternoon um so my husband and i purchased this property back in november and we knew there was a code violation and the explanation that was provided for the adjacent realtor was not clear um and we were told that we simply just needed to reply apply to have it zoned agriculture which um i came up here and started working with desiré jackson jackson and realized that that was not the case but it was a variance issue because the building structure that they put on the property exceeds the um square footage that's allowable under any of the zonings that we had if we moved to agriculture the setback wasn't far enough um so we are hoping to clear up the code enforcement and get this variance um approved okay well i see you in district one that's my district you were here before correct no ma'am this is your first time i've never been here okay this is all brand new to me okay i wasn't able to drive by the mobile home or anything or your property unfortunately however i do know the area yes ma'am you can't see any of these buildings or property you can't see any of it from the road i mean you really have to go beyond and then there's nothing where this actual structure is at all of that is wetland area behind there so that's another reason why it's situated where it's situated at it couldn't be placed anywhere else when they originally built it but there's no homes back there there's no there's nothing back there so right the bike trails back there an accessory is like it's like a garage area yes ma'am it's a two-bay um garage are you using that for my husband just stores his boats and lawnmowers and the boats out of sight okay i'll open the floor all right i'll open the floor for discussions mr hoffman yeah good morning or well afternoon a little slow today i read in here something about a rear um a variance for the setback in the rear correct so if we were to do an agricultural rezone then this rear setback would not be far enough so it's i guess it's the the difference in all the different zonings i don't really have any desire to rezone my actual property i just want to clear the code and after discussing it with miss jackson this was the best avenue to take was to do the variance and that cleared the square footage issue with the rrmh zoning that it's already currently at can can you give me some numbers as far as what the setback requirement is versus what the actual at this point is i believe it well currently if we go with the variance and keep it at the rrmh the setback is fine but with agricultural it requires a 50 foot setback which we do not have are you it's a 25 foot setback a sit back with the rrmh and it's currently 20 20 feet there's a 20 foot setback so there's an additional five feet in the current zoning that it's in now so you're in violation by five feet or you have a buffer violation in my current zoning for the square footage of that building so the requirement is that you can't have an accessory building that's more than 50 percent of your actual residential home and so this shop is larger than 50 percent of my home my home is like 24 hundred square foot and the shop i think is 15 or 12 so it's just a little bit over that 50 mark so you're asking us to approve a larger accessory building within your existing zoning rather than yes rezoning and having the setback problem correct because then i would have to rezone and then do the variance which doesn't make a lot of sense so okay so you're asking us basically for an additional square footage on the accessory structure yes sir okay thank you yeah bill the setback is 15 feet off the rear property line for accessory structure she asking for 164 square feet over what the 50 percent and this is for the uh legitimized a thousand three hundred and fifty square feet accessory building is what it is so with the existing zoning she still has a setback problem no okay the zoning requires only a 15 foot setback so it doesn't need that okay thank you well and you also you made a comment that this is uh wetlands that are around you i believe so yes ma'am they everything is wooded there's nothing back there so we're not expecting to have a big developer come in and build a bunch of houses and that's why i moved there okay okay it it looks pretty uh overgrown so uh and if it is partial or partially wetland then it's going to be preserved that way and there's not going to be anybody in there okay miss clemens okay just step aside let me check with the audience please yes is anyone in the audience for or against this variance would you like to come up now seeing none you can come back we'd like to do a motion to approve or disapprove mr hoffman i'll make a motion that we approve the variance as for the increased structure uh square footage as depicted on the survey dated two six two six twenty twenty six i think it's actually two five two five twenty six survey yeah okay thank you okay thanks just a typo do we have a second i second we have a motion to approve by mr hoffman and second by miss clemmings board discussion any discussion okay miss clemmings dr bass no i'm i'm fine okay i'm going to do the reading of the six hardships 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 request would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification and that literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed for other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant and that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and that the gradient of variance will be in harmony with the general intent and purpose of this chapter and that such variance would not be injurious to the area involved or otherwise detrimental to the public welfare we have a motion to approve of mr hoffman we have a second by miss clemmings we will take a call for a vote right now mr hoffman i vote yes dr bass yes miss clemmings i vote yes your variance have passed thank you thank you all so much you're welcome hey we have our next variance please mr bode yes item h3 so salvatore nanino jr request variance chapter 62 article 6 bavard county code for the lot death and iu zoning classification application 26b 00012 located tax account number 2512075 in district four okay will the applicant come to the podium please good afternoon afternoon can you state your name and address in the rec for us for the record please and the microphone sal menino 300 paint street rock college florida 32955 okay do you swear to tell the truth the whole truth yes i do thank you how can we help you this afternoon i'm applying for a variance i can't hear you i'm applying for a variance on the 300 paint street there's two buildings on that property and there's two electrical two sewer two water supplies it's two addresses but it's all on one lot and the setback is supposed to be 200 feet deep and i'm 176 so there's a few feet short of the depth but i want to split the property in half i i have a gentleman in the back back there's one to buy that other building so we'll have two buildings with two different companies i'm sorry you said you have a gentleman in the back that wants to buy the building is that what you're saying okay yes all right okay so you're coming to us today to access for what for variance for the evidence okay i see this is in district four dr bass would you like to start with the questioning police well i know where the prime i know where the property is um at the end of holiday springs road is where the big rock pile is right yes okay well it's on uh it's right there on paint street in the corner okay so and this okay this is dirt road right next to my property okay i think there's a dirt road right there yes okay it's it's pretty much an industrial area right yes okay and then the lot behind me is a uh like an auto scrap yard yeah and and i think in front of you is some another business that's yeah it's a storage mostly storage all around there now so you're divide you're dividing your property then so that another person can build a house no no he's gonna there's two metal buildings and he's gonna have an office and a workshop okay and i have an office and workshop on my side okay that that makes sense then for that particular area i come out that way often i live in sun tree so i'm yeah i see it all the time at the stoplight so uh that certainly isn't going to disturb anybody in the area obviously it's all businesses anyway and even across the street so i don't have any further questions i just wanted clarification mr hoffman looking ahead you have two applications in here today correct one for one lot and one for the other yes sir are they currently one lot or are they so you're subdividing it correct and you need the variance for to split it and a half i have i have i have the survey done with the split um just need a variance approval okay if well wait you can ask yeah if um if we didn't approve this variance you're you're pretty much stuck because the building behind you is closer than the 200 feet from the front property line the building behind us is a empty um scrap yard but it belongs to someone else right it belongs to someone else i can't buy that they they wanted like seven and a half million dollars well no um we so basically we're legitimizing an existing condition yes sir okay it's not really an existing condition it's a proposed condition of splitting the properties right now it's all property into two parcels if it remained as one parcel would it still not meet the no it meets the size requirement right now what it is is that it's on a corner lot so whenever you're using corbin street as a front it has enough lot depth whenever you're subdividing it though it's going to need extra depth because it needs 200 feet so he's locking it by 23 and a half feet on each of these parcels it's reconfiguring it to be two lots parcels right now it's i see so you're using corbin street as the front street rather than right now that's the way it is yeah okay it meets the zoning all right i use requirement size requirements using corbin as the front very good that that's all i need thank you all right miss clemens this whole purpose is to just sell the second parcel correct yes ma'am okay i have no other questions okay i have none either so i'm stepped aside let me just see if there's anyone here excuse me i'm just going to check with the audience right now is there anyone here that would like to speak for this or against this variance you can come forward now i see someone coming can you state your name and address for the record please yes hello i am my name is james faria and my address is 2632 odestus drive melbourne and then four of this i'm the potential buyer um and uh i work for blue origin speak a little louder and um like please i work for blue origin and i i also uh have cars and i as you know the homeowners associations around here don't want you working on cars so uh that's what this building would be for me and um my family and i and then i also plan on having disabled vets come over and and work on their cars too from time to time i would appreciate the acceptance of this okay thank you okay you can step back over now i have any board questions mr hoffman miss dr bass miss clemens questions no questions okay dr bass i make a motion to approve the variances depicted in the survey with the revision date 2 19 26 i did too did i get the wrong date i see 128 is there a different date i see 128 26 as well okay um 128 26 26 yes thank you miss clements as well thank you you're welcome do we have a second i second okay we have a motion to pass this variance by dr bass a second by miss clemmings i'll do the reading of the six hardships that special conditions and circumstances exist which are not applicable to other lands structures or builders of the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed but other properties in identical zoning classification under the provisions of this chapter that will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure and that the granting the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare we have a motion by dr bass a second now we'll do an individualized vote mr hoffman i vote to approve dr bass approve all right and i approve your variance have passed thank you thank you so much don't don't leave oh stay right there you're next again oh sorry see the other side yes item h4 salmanio jr request variance chapter 62 article 6 of our county code for the lot debt and iu zoning classification application 26v 00013 okay tax count number 2512075 and district 4 and just for clarification for the record we just swore him in but shall we swore him swear him in again and it's not necessary okay all right well mr salvador what would you like to say about this variance that you're coming up to us again well i appreciate thank you yeah thanks for the other one you're welcome so no it's the same thing with the other one okay all right district four dr bass yes we can see that you have split this property you you have a person that is in favor of it as well as yourself uh there are no further questions from me on this all right thank you mr hoffman no questions miss clemens no questions and i see there's no questions is there anyone in the audience we already know we have one for anybody against seeing none we will then do board questions any board questions no okay anybody like to make a motion i make a motion to approve the variance as depicted on the survey with the revision date january 28 26 we have a motion to approve by dr bass that we have a second i second we have a second by miss clemens i'll read the six hardship questions 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 grinning the variance request will not confirm an applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant and rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare we have a motion by dr bass to approve a second by mr clemens we will now do a final vote i vote i vote to approve approve approve your variance have approved thank you thank you thank you mr bode our next case please yes item h5 vincent d and mary e pinto request three variances in chapter 62 article 6 brevard county code for a boat dock and an ru-1-11 zoning classification application 26v 00014 located at tax count 2606670 in district 4 mr applicant here good afternoon good afternoon can i can you state your first name last name and your address please for the record uh vincent pinto 427 sand piper drive satellite beach 32937 you swear to tell the truth the whole truth for nothing but the truth absolutely thank you how can we help you this afternoon well i don't know if you've got this letter or not um read it or state it um back in in 62 i put in a not 62 late 60s about 69 i put i called brevard county to ask for a permit for building a dock and they said i didn't need a permit at the time and but they said i had to be at least 20 percent of the canal which is canal is 100 foot the most i can go out is 20 feet which i'm about 19 feet out um so anyway i built a dock and i got proof it was done at least in 72 and i still didn't need to need a permit because in 72 i extended um i made it wider a little bit wider but um my purpose is now i i had a problem with the dock um the storm we had over the summer raised the water and my center stringer fell causing my dock to go in like this the main dock the deck and um i've been trying to get a permit since october and i've been a been unsuccessful so i finally was sent i don't know if it was mr bode or someone sent me a variance to fill out and i filled them out and i went to see mr bode and he helped me with it and uh i don't know if you have this or not but one of the main reasons is if they took the piling out or pylon um from the seawall because they put the seawall in after i had my um dock dock in place i had replaced the seawall before that and this the the pylon is in between um the seawalls and if you took that piling out there would leave a big gap in this in the seawall itself and dirt would pour out there and dirt naturally has fertilizer and weed killer and what kind of contaminants and it would pollute the canal also would hinder me and my neighbor because we would have to continue filling the up with dirt and uh that's the main hardship is that um it'd be better if i did this okay uh i got the last paragraph i'll read it all that is needed is to repair the existing dock the this variance would not and not be injurious i'm sorry just move the microphone right by your lips oh i'm sorry yeah it's better ain't it um it would be it would not be injurious to the area involved or detrimental to the public welfare but improve it and i have a copy from each neighbor they signed it saying that it wouldn't bother them would you like to see it yes we'll have to we will keep them and we will not return them to use okay thank you and also i got pictures to make sure that we get the copies of that yes we're going to review them uh i got pictures of the of the pylon where it's resting up against the seawall actually it's even holding it in place beside if you like to see those well that's what you know it is blocking the dirt from going out of the canal i mean out of my land okay just understanding that if you we received them that we would keep them in tournament is that okay with you i don't care okay that's fine with us thank you and i tried to write on there to explain it because it's so hard to see and understand you can pass it with you thank you and i do have pictures if you want to see them um where my doc was at least in 72 because it shows my children on there my child yeah my children and it shows you the whole length of the seawall that it goes from property line well about seven inches from the property line on each side and it shows my two children which were five and five and six years old at the time and now the one's 59 and one's 58 so it shows you that the doc's been in place for over 50 years do you like to see those pictures i think you have them i think we have them in our package yes thank you oh you don't have two of them would you want to see those no no no it's okay i think we'll do you guys want to see them no we're good thank you sir thank you i don't definitely have those do you need anything else no i think you presented yeah we have thank you that's all i've got okay well that was good so now i'm going to just ask you to step to the side i'm going to ask the audience anyone here for against this variance can you come now to the podium seeing none you can come back sir any board questions regarding this variance mr hoffman yes okay go ahead uh so you're repairing you're making a repair yes of what you already have yes you're not rebuilding the doc no ma'am all right you're not extending it out no ma'am all right on either way either side or out into the water so you're not going to disturb the water the one the one big part that they collect so that's what the docs are fine you're trying to repair it but you can't repair it because right i already gave him a down payment to do it and he couldn't get the permit all right so yes that's all i want to do is repair the doc okay we're having to repair it i don't have any other questions mr hoffman uh only i commend you on answering my question before i asked it and that is how do your neighbors feel about this and you've prevented written evidence that says they're fine with it especially the side side setbacks it always becomes a problem when people try and maneuver boats oh so no i'm just a little nervous i'm not no you're good you're good appreciate you uh thinking ahead on that thank you well mr bode suggested it okay miss clemens no questions no questions no questions and miss dr bass summed it up you're just repairing it you're not rebuilding it you're not trying to do any other changes over 50 years so um i have no other questions either would you like to make a motion dr bass yes i make a motion to approve the variance as depicted in the survey with the revision date of 11 14 25 um and i just want to make one correction it's three variants so we want to say oh three right i've never can get this right three variances okay we want to get you approved thank you three okay do we have a second i second okay we have a motion to approve all three variants by dr bass we have a second by miss clemmings and i will read the six hardship questions there's special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance request would not confer on an applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification that literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and that the granting the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurious to the area involved or otherwise documental to the public welfare we have a a motion on the floor by dr bass to approve a second by miss clemmings we will now have a call for a vote mr hoffman i vote to approve dr bass approve miss clemmings i approve sonia malort approve your variants have approved thank you thank you you're welcome thank you all the voting we have our next one please yes item h6 cynthia l roebuck and stephen reardon request variance to chapter 62 article 6 of the board county code for a screen porch and ru-1-11 zoning classification location is 26b 00015 located tax count number 2606581 in district four okay is the applicant here come on down to the podium please can you state your name and address for the record please you can address the mic for yourself yeah cynthia roebuck 305 ivus lane sadley beach okay do you swear to tell the truth the whole truth or nothing but the truth i do how can we help you this afternoon i'm trying to rebuild a structure that's been there since 1982 it's got a hard roof over the patio in hurricane shutters to come down because we sit at the end of the canal and we've had water spouts come down the end of the canal so in august of 2024 we had a very hard rain no hurricane or nothing but we had like five and a half inches of rain in 15 minutes and it collapsed the structure the roof structure so i'm trying to repair this um in 2020 in 2004 it was damaged and it was rebuilt in 2005 and they weren't issuing permits because of the hurricanes of 2004 so now i'm trying to i i'm in permitting now and it was turned down because i'm too close to the next door neighbor's eight foot concrete wall okay well i see this is in district four four back to back we like district four neighbors with the guy that was just here so you are not extending anything that this structure you're just trying to have it rebuilt that's what i saw so the only thing i could look at was you do have a neighbor very close to the south and i was wondering and we just wanted to confirm that you're not going to be extending out further into him or closer to his property it was right really right on the property line so you just want to repair what you already have correct yes and it was approved in 1980 or you know whenever i believe in 1982 you didn't need a permit for that no but then in 2025 or 2005 they weren't giving permits so yes now we're having to up the code yes i don't have any other questions this is a common issue okay mr hoffman uh yeah so you mentioned a concrete wall and i'm just asking i can't tell from the pictures or aerials or anything it's seven and a half feet from their property line but what is on their property line at that point is it grass you mentioned a wall to be honest with you when my family moved in there in 1967 the guy next door on the south side was a colonel and we were not so he put this wall up to distinguish the fact that he didn't want four children and a dog in his yard so he's got a house and he's got a pool and grass and a dock so along that property line is is this eight foot concrete wall oh it goes from the dock all the way up to almost the front of the house almost the front of the property so by decreasing the setback all you're doing is getting closer to a barrier wall that it has no uh no visual it has no visual at all he can't see our structure from his property okay that that's fine thank you miss clevens no questions okay dr bass motion anything from the oh i'm sorry is there anyone in the audience that would speak to this or against this seeing none come back thank you i make a motion to approve this variance as depicted on the survey with the revision date of 5 1208 second i'll second we have a motion to approve by dr bass we have a second by mr hoffman board discussion any okay i'll read the six hardships 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 request would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in the identical zoning classification and that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant and that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be interest to the area involved otherwise detrimental to the public welfare we have a motion to approve by dr bass a second by mr hoffman i vote to approve that the best approved ms clemens approve and i approve thank you the variance have approved thank you mr body can we have our next applicant please yes item eight seven brian nicholson request four variants of chapter 62 article six of our county code for the fence height and accessory structure and ru dash one dash 11 zoning classification application 26b 00016 look at tax count number 241 7950 in district 2 come down to the podium please are you ryan nicholson yes ma'am oh good can you state your name and address for the record please uh yes ma'am my name is brian nicholson uh may i get an address card please yes thank you oh he needs a address card he said oh we're gonna we'll do it now or supply afterwards what was that he said he would like a address card address card for what he didn't want to say he didn't want to verbally say his address he said oh okay okay okay so we just continue and he'll do that later okay okay do you swear to tell the truth the whole truth for nothing but the truth yes ma'am i do okay how can we help you this afternoon okay can you hear me okay i can't all right um so well first of all thank you members of the board for hearing my my variance request today um so i there's four variances that i'm actually requesting i'll start with the the one that kind of led to the rest of them which is a fence height variance so a little background history i moved into my current home on merritt island and um it was it was it was 2021 is when i purchased it i moved in in early 2022 one of the first adjustments that are repairs that i made to the home was to the fence so there was an existing fence i believe it had been in place for at least decades um probably 10 to 20 years um one side of it was rotted the other side was just in so i wanted everything to match and to go fluid with the property so i did have someone um come out and give me an estimate to repair the fence and make adjustments to it um with that said when that's the first time that i noticed that um from my pool patio and even inside my home i have a big bay window that looks over the pool i could see in my neighbor's home so over an existing six foot fence we could see each other so um at night especially if their lights were on i could see into their house the neighbor to my left was the same way i could see into their home and they have a big bay window just like mine so we were able to like actually make eye contact up above the fence so when i showed this to the contractor that i that i had repaired the fence and he said not to worry that once he was finished he'll take care of everything so um ask at the time do we need a permit i'm not from here originally i'm from south carolina rural area we don't really you just build anything but um he told me at the time that we did not need a permit because it was an existing structure that he was going to be doing work to so that that's what i went in good faith to to what he had told me at the time um but come to find out and as i did research on this recently my house actually does sit in a hole um relative to the properties around it so we're about seven to twelve inches lower in the in the house itself which kind of so so adjacent houses can look down and i can look up into their homes so um that that's the reason for the fence variance that i'm requesting again it's an existing structure it is part of a code enforcement pilot or violation um and the the code enforcement officer informed me that although the fence had been in place for up to 20 years no one had ever pulled a permit on it so it's never had a permit so i'm trying to actually get the first permit for for a fence that's been there for quite some time so that's the first variance the other two arose out of the same code enforcement which was a survey to my property i have two two structures on the property one is an outbuilding and the outbuilding is apparently too close to to the fence line the seven and a half feet um is supposed to be what the the what is it called the the uh setback setback right so the setback of seven and a half feet i believe on one side it's less than six inches on the back corner it's a couple of feet and that's that's the variance that i'm requesting for the for that building structure and that one was also set in the footprint of another building that was there so if you were to look on the county website there's a the appraiser's sketch kind of shows a building there well i was able to confirm that because there were there were actually brick footers in the ground in the same place that i that i erected this building so it's in it's in the same footprint that it's been for years and years um and i've requested variance for for that building it's not in the line of anyone's sight it's not encroaching on on on property to any meaningful extent and the way that my lot is situated it's a very small lot the whole lot is less than a quarter of an acre so that's around 10 000 square feet the back lot is around is around 4 000 square feet if you were to remove the pool enclosure from the area it it leaves even less so if you removed the reason i say all that is if you removed the setback of seven and a half feet around the property i only really effectively have about 50 to 60 percent of the property left to work with so it's just being a small space the setback is really is really limiting um so that's that's with the shed on the right side on the left side there is a pergola as well and and that side is even more strict because the lot shape if you were the lot gets closer to my home as it moves towards the street so it narrows as it goes forward so the the relative to the setback it represents seven and a half feet of 19 feet which is the distance i have between my screen house and the fence so um again relatively a large percentage of the usable area for a structure or purpose of a structure would be would be taken up by the offset or i'm sorry by the um setback so we're requesting a um a setback adjustment there as well i think that one is approximately two feet um as well and so so it's two edges of the building the fence height and the pergola on on one side okay thank you i see this is in the district school miss clements uh so the only structure that was added by you was a pergola i added the pergola i did add the outbuilding as well but it it albeit in the same footprint okay and then are you required to have flood insurance with that not that i'm aware of i don't have it so i think that's all the questions i have right now and my only question would be and the reason why you need this extra um fence height is because of the privacy and safety correct yes ma'am and i'm sorry i did neglect to say that and it is in there thank you for for bringing that back up but it is um first of all i've had i've had disturbances behind me where people have actually shouted and i don't know i don't know who exactly i can't see them thank goodness but they've also um i've had some some someone struck my fence and things of that nature so it is for safety as well as privacy that because of the way we're situated on the lie okay dr bass so the fence is so the fence is going in the same location it's just going to be taller yes ma'am the fences already exist i'm trying to pull a permit for it yes okay so you have a couple of items here that didn't weren't permitted originally and that's the issue is that you're trying to make an adjustment in your fence height then they can't do it because you don't it's not zoned properly correct i have to have in order to settle the the fit to get a to get a permit for my fence i have to have the height variance to they will give me a permit okay i don't have any other questions miss haffman yeah you mentioned that your property is a bit lower yes sir than your neighbors um when it rains where does the water go largely it runs to it runs to my to my side of the property um on the right side uh i just had sod installed so it may it may help a little because the side was a little thicker but um facing my home on the right side it flows down my walkway their their house has a gutter it comes down my walkway from the back side or the left side it also chases into my yard and down my front driveway um the fence actually kind of so so when it rains the water generally drains to the street side of the property it drains to the street side in the front after draining to my side from the sides to you so the neighbor's property is draining onto you it does it by the time it gets to the street it does okay the reason one of the reasons that i asked that is i'm looking at the survey and i'm looking at your request for the setbacks and in general your setbacks are uh still allow at least a five foot distance between your property and and what the setback your your proposed adjusted setback line would be but they also have this uh five foot drainage and utility easement going around your property so i'm okay because i don't see where any of your structures are impinging on that drainage and utility easement yes sir so you will have positive drain you still should have positive drainage off of your property yes based on where your buildings are and purportedly where the drainage easement is supposed to send it um okay just want to make that point that uh these aren't excessive requests for adjustment to the setback yes sir i have a follow-up question where is the code enforcement from is it from a neighbor or is it just a random call because of the fencing it's from a neighbor from a neighbor the neighbor behind me okay yes ma'am okay let me just check to see if there's anyone here that would like to speak in favor to this variance or against it seeing none come back do we have a motion want to do discussion discussion sorry what discussion right any discussion well no we can no we've already have a motion before well i have well wait she wanted to have a discussion well yeah but after the motion unless you're asking questions no so that's after the motion is it what's the agenda say yeah you can you can go and have a motion and then discuss it okay if the discussion is about the motion yes that's it the discussion will be okay you can amend your motion if the discussion leads to something i make a motion to approve variances one through three and deny variance four based on the survey as depicted with the revision date of 11 14 2025 so we have a motion on the floor by miss clemmings to approve variants one two and three and to deny variance four do we have a second for the purposes of discussion yes i'll second okay discussion i mean i'm just you know we're trying to be a little bit more strict about the structures and the moving forward with items without permits to begin with so i feel like that fourth variance falls in line with that right team so are you asking someone no i'm stating i'm stating so that's my my thought on that i am fine with the variance for the fence i understand the shed placement and the variance is required for that i think the pergola is an additional request you guys can talk me out of it so i'm trying to understand why you're saying no so you're saying no because of the purple because it's correct the variance request is for the pergola for two feet correct but it was constructed without perm without the permit okay so that's the whole point of the board of adjustments was the permit required at that time is a permit required for a pergola yes i don't know now i mean if it's on concrete it's required if it's over 100 square feet it's required may i say something please sure so it's my understanding that a permit was not required it's a 77 square foot footprint so i called and asked him about it and they told me i did not require a permit for the pergola so is it 77 square feet it is it's it's a seven foot roughly um seven foot by 11 footprint i don't think i don't i don't know if the survey shows it so how did that pop on the variance if it's that small just because of it still need to meet the setback requirements no matter whether he needed a permit or not it's like i said if it's a if it's a understand 100 square feet or less and not on concrete he would not need a permit but he'd still need to meet the zoning setbacks is it something that you can easily move outside of the setbacks i wouldn't say easily it's um 1200 1500 pounds maybe solid solid one is it permanent well i wouldn't it's not permanent you could take it you could take it down and take it apart in other words it's not on a permanent foundation or you know so it's possible it could move in that two feet it would just be easiest if you had the variance for the two feet yes ma'am it would be possible to do the two feet but once again um the the lot narrowing like it does i have 19 feet between my screen house and and and the fence so seven and a half feet is is i don't know the math on it but literally it takes up a good portion of the space between the two okay that's my discussion go for it guys tell me what your thoughts are is it an existing pergola or is it a proposed is it does it set over top of your pool no is that what we're talking about i'm these aren't labeled on the survey so i don't know which one is which it's on the north on the south side well it's the metal shed eight by 12 the way the survey is situated it's north side it's on the north side the shed is on the south north side labeled cp cp okay yes covered and then and it's concrete or what what's around it because it shows some sort of hatching the the around it i mean on the ground yeah it's papers papers okay um i don't have a firm argument against what you're what you're proposing because it's not easily moved but it it's able to be moved i guess easily is is kind of a it's hard to yeah so i'll i kind of go with your argument about the best no i do not go with the argument i'm in favor of it okay okay so we have a motion on the floor by miss clemens to approve the variants one through three to deny variants four we have a second is that still standing mr hoffman so yes i'll i'll retain the second okay so we have a second by mr hoffman to approve variants one two and three and to deny variants four we did the board discussion any more discussion board okay we're going to do the reading of the six hardships there's special conditions and circumstances exist which are not applicable to other land structures or builders in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant however in this case you're saying it that does for for variance number four correct okay i want to be clear number three that granting the variance request that would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification and that literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter will constitute unnecessary and undue hardship on the applicant and that the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure and that the granted of variance will be in harmony with the general intent and purpose of this chapter that such use variance would not be injurious to the area involved or otherwise deprimental to the public welfare we have a motion to approve your variance one through three to approve one to deny we're going to do an individualized vote for this so it could be clearly stated for the record mr hoffman yeah i i vote to approve one two three and deny number four dr bass i do not approve i want to approve all four that's so in other words she's voting no on the motion yes so i'm voting no on this motion okay miss clemmings i stand with my one through three and deny four okay and i vote for a motion to approve one two three and deny four with that being said this call for a vote we just did and that means the variance did pass for variance one two and three and not for variance four am i correct correct correct that's it for the variance all right thank you thank you guys i'm sorry oh yes while he's doing that mr bode you'd like to call the next one is that okay yes okay item h8 michael j and carolyn j o'malley request variance chapter 62 article 6 of our county code for an accessory structure in sr zoning classification applications 26v 00018 text count numbers 2413-164 district 2 okay can you state your name and address for the record please michael o'malley 1920 crawford avenue maryland florida 32953 you swear to tell the truth the whole truth and nothing but the truth i do thank you how can we help you this afternoon okay um this whole thing's basically because the new garage is a little too close to the pool enclosure and how this whole thing started there was originally a pad there that i'd parked my little truck on for years and i just recently retired and i thought well this would be fun to make a little project out of building a one-car garage where that slab used to be and i didn't realize it was going to be what it turned out to be anyway so it turned out the slab was a little bit too small and it it was not suitable so i had to get a new slab put in that's what's kind of started this thing so um i went and got the permits and uh i had to do this plot plan thing and that uh what i used an old survey that i had they said that was good enough at the time but i had to write in dimensions like um from where the slab was going to be to the property line and where it was going to be to the house and um at the time nobody said anything about a pool enclosure i didn't think a pool enclosure even mattered it wasn't as far as i was concerned it was just immaterial i all i need all they told me is it had to be far from the house so i put those dimensions on there and it was approved and then i had the guy come and pour the concrete he didn't say anything about it when he was putting the forms in about hey you know by the way this may be too close to the pool enclosure he didn't say anything about it so i i thought okay cool i'm good to go so i started building the garage and uh then i found out and i guess i should have known but i found out i needed a foundation survey um that there was another problem trying to find somebody that you know even wanted to survey that little problem you know problem there most people know they didn't want to bother with it so i finally got found a guy and it took like about three months for him to actually get the survey done and since i thought you know this is just a formality and i'm no problem i can't build in the garage so i got the thing is pretty much all done all it needs is a shingles and uh and the siding everything else is done so i get the survey back and uh i looked at it and i thought okay whatever i submitted it and all of a sudden comes back and i said oh well you you know you got to be five feet from the pool enclosure it's like oh well that's news to me and uh it turns out i think i'm like 3.9 feet away so it's like a 1.1 foot um i have a picture i think i don't know if you got saw the picture in there's a little triangle is what it is where it impinges a little bit on where the pool enclosure is and uh so that's you know pretty much where where we are at this point um you know if you look at the property uh it's kind of a pie shaped property which made it you know at the time i didn't realize you know i barely got a 20 by 16 foot garage in there and uh i thought i had plenty of room but since the it kind of narrows as it as it goes back toward the back of the property that's kind of why we're getting into this problem um you know to see it from the road it's you know i'm pretty the house is kind of far back from where the road is and you know you wouldn't even be able to tell i mean to look at it you can't tell that one foot from because the road is like it's got to be 50 feet away at least or more i'm not sure exactly how far it's pretty far back and there's like a tree in the way so i mean it's not going to end and make any difference really to the to the neighborhood in fact they probably would wish i'd get this thing built and finished because it's been sitting there this way for months trying to get the variance and uh you know it takes a while and i i didn't even know i had to get a variance for quite a while so um oh i got it i guess i got it written here it's 150 feet from the street wow okay and since it's like the garage is i got the my uh neighbor on the one side then the garage and then the pool enclosure he can't even see that from his house so it's not going to affect anything that uh you know the neighbor might see and the problem is right now i looked into trying to man well maybe i'll just try to move the uh pool enclosure over a little bit then i come to find out well i would need a permit to do that i would need engineering to do that and uh you know and since you're trying to come in and do like a little corner in the pool enclosure that might not even work so it would just be really really difficult to try to uh either modify that or put a whole new pool enclosure and be really expensive so it's just i'm really kind of stuck right now for like 1.1 feet and uh i don't know i i feel like you know if i'd have known about this ahead of time i could have uh maybe just made the garage a little smaller but you know i didn't you know i didn't really know this uh requirement even existed so okay let's chalk it up to not ever trying to do anything like this before all right thank you so much i see this is a district too miss clemmings wait it is yes so my question is you didn't initiate any type of permitting in the start of this project correct it's all permitted i got a permit it was just they won't get they won't do the final inspection until i get this variance yeah but the concrete shouldn't have gone in without the full permit correct the kid had a permit no he has the permit for everything it came down to whenever he needed to put in this foundation survey to make sure it meets setbacks and separation distance that this came up okay he has a permit then for it okay yeah and that's like i was saying the plot plan was signed off so i thought i was good to go understand okay no further questions mr hoffman yeah i'm looking at the survey and there's a fence across the back of the garage at least the survey says so and there's a fence on the uh other side i guess the south side of the uh property uh from the property line up to the house um what's the access to the screen uh pool enclosure are there any exterior doors or anything yes there's a there's a door um well you can get to obviously from the house and then it's like a covered in porch and you can just go right out to there's a screen door going out to uh the driveway there okay i'm i'm looking at this in in um in relation to uh you know god forbid there's an emergency back there where emergency personnel need to take a gurney or something like that yeah there's no problem with that it's there's plenty of room to get in there it's i think if i actually had a ambulance in there before because my wife i'm not talking about the ambulance i'm talking about the gurney yeah that's the five foot requirement oh to get to maneuver a gurney like that back in there and and do their thing that's the reason for the five feet oh you're going down to less than four feet that's rather tight you would never do a gurney at that point it's just that southeast corner where the garage where would you access the again god forbid something goes wrong can i show you how do you access it do you have the survey there i could show you i do okay you have a copy yeah so north of the pool is where they're showing the 3.9 feet looks like this you're going to need to speak into the microphone because we have to pick it up for recording okay if you look at the survey you see where that it says ccp yes and then you see there's another little there's like ac and then cp yes the cp is that's where the uh the screen door is and you see it's like way far away from the garage okay that's where you would get into the house and how do you get from the ccp into the pool area you say there's a door there's a screen door there that goes from the cp to the ccp there's a screen door right there yes and then from the ccp to the to the pool area then from the where see where it says 9.2 that's the door that goes into the house and then they were the ccp and the screened in pool enclosure that's just all open there it's open yeah totally no there's no barrier between no ccp there's no there's no different barrier between ccp and the screen pool enclosure okay thank you so yeah and i've had unfortunately i've had ambulances in there before my wife's had a lot of problems that's the best i don't have any questions okay i don't need to miss clemmings okay you're gonna make them any more boy questions let me check i see nobody in the audience to review it's just good to put it on the record for the record anyone would like to speak nay or yay seeing none do we have a motion i make a motion to approve the variance as depicted on the survey with the revision date of 11 11 2025 we have a motion to approve by miss clemmons of 11 11 25 do we have a second okay i'll second the motion to approve now read the six hardship questions 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 request would not confer on an applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter will constitute unnecessary and undue hardship on an applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building a structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare we have a motion to approve by miss clemmings of 11 11 25 second by mr lord we're going to do an individualized vote for this mr hoffman i'm sorry you want me to start at the other end okay i make a motion to approve can you repeat that into the mic i make a motion to approve oh you you already had i approve are you voting now or are you making another motion no i think we're voting no we were voting now okay he wanted to start at this end versus me but she said i'm making a motion approve okay approve approve okay disapprove okay so we have three approved by miss clemmings miss millard and dr bass and one disapproval by mr hoffman your various have approved thank you thank you seeing there's no more applications this meeting is now adjourned the opinions expressed by the opinions expressed by the opinions expressed by