Flight of the United States of America into the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. I now call this meeting of the Board County Board of Zoning Adjustment for Wednesday, May 20th, 2026 to order. Mr. Bode, from the Planning and Development Office, please describe the function and operation of the Board of Zoning Adjustment to our applicants in the audience, please. Yes, Ms. Chairman. The Board of Adjustment is a quasi-judicial body established by the Board of County Commissioners under Chapter 62, Article 2, Division 4 of Bavard County Code. The Board of Adjustment is empowered to hear requests for variances to the zoning regulation and the signed regulation in Chapter 62, Article 6, and Article 9. Pursuant to Florida rules of appellate procedure, any person or persons jointly or severally agreed by any decision of the Board of Adjustment may, within 30 days after the date the order is signed, apply to a court of competent jurisdiction for appropriate relief. Ms. Chairman, you have seven items on your agenda today. Thank you. Ms. Clemmings, please explain to the applicants in the audience the statutory definition of a 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 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 Landover 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 the variance. Thank you. I will now address our board members, the applicants, and our audience regarding the board procedures for today's hearing. The Board of Zoning Adjustment as a quasi-judical board with members appointed by the Bavard County Board of Commissioners will utilize Robert's Rule of Order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicant has 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 questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal, as well to present their final comments. Once completed, no further comment will be heard from the applicant or the public. The action then moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we're asking each speaker to be concise in what you have to say. It's important that you stay on a 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 a dress card. Please pull it out and return it to the clock. Are there any questions regarding these procedures from the board members? No. Are there any questions regarding the procedures from the applicants? Seeing none from the audience, we move to our next order of business. We'll go to the meeting minutes. Any changes to the meeting minutes? Nope. Seeing none. Motion to approve the meeting minutes? I make a motion to approve the meeting minutes as presented. Thank you. I'll second that. Thank you. A motion's been made to approve and a second. Okay, Mr. Boddy, can we have our first applicant, please? Yes. Application H1. Donald and Lisa Jaszinski request two variances. Chapter 62, Article 6, Bavard County Code for an accessory structure. And in RR-1 zoning classification, applications 26V00021 is located in District 4. Thank you. How are you? Good. And yourself? Good. Please raise your right hand. Do you swear and affirm that the evidence you're about to give this Board of Adjustment is the truth? Yes. Okay. Can you now have your first and last name, please? Donald Jaszinski. Into the microphone, please. I'm sorry. Donald Jaszinski. My address is 2739 Harlock Road, Melbourne, Florida. Great. How can we help you today? Well, I want to thank you for your time today. I'm here for a variance because I want to build a workshop on my property. This is important to me because I'm a private pilot. But when I started my family and my business 30 years ago, I didn't have the combination of time and money to fly. I am retired now, and on my 30-year dream of starting to fly again, I need the workshop because what I could afford to buy as an aircraft is what's called an ultralight. That's a small plane. You assemble it in your own building. You store it there, and you maintain it there. My garage is not large enough to do that. That's why I need the building. When you want to fly your ultralight, you take it out of your building, put it on a trailer, take it to a grass strip, and then you fly it and then return it. This is affordable to me. So I need to build a workshop, 24 by 26 feet, and it would be in the footprint of a building that was there and partially raised. And I don't know if you have this picture. We do. Okay, you have that. So if you see where the cinder blocks are, it's actually going to go right in that footprint. It's very important to my wife and I because we want to have zero environmental impact. If we put it there, no trees, bushes, flowers, nothing has to be removed. So I need the variance because this is three feet from our property line. In addition to that, technically I think it's in the front of the building. So we have one neighbor on the property line, and I did tell them about it and ask them if it's okay. And they did sign this neighbor of acknowledgment if you would like to see it. Present it to you? That's fine. I don't need to see it. Do we have that document? Oh, okay. Give it to Mr. Bodie. After you get through speaking, we need to get that from you. Okay, thank you, Mr. Bodie. So that's why I need my variance. My dream of flight really rests on this, and that's why I'm asking for the variance. Okay, thank you. I see this is in Dr. Bass' area. Would you like to start? Yes. So how do you, once you get it put together, how do you get it to where you want to fly it? Well, these are small, and it's a great question, Board Member Bass. The wings actually fold back. So you can put it in a building, then you put it on a trailer, and you drive it to a grass strip when you want to fly. So you have to have a place to store it, and you have to have a place to assemble it. Well, I don't think your construction would take a lot of noise, either, for your neighbors, right? I mean, it seems like it's a pretty quiet hobby. Yes. Okay. And you don't have many neighbors close by, anyway. That is correct. I wouldn't be flying it for my property. You drive it off to a grass strip where you're going to be flying it. Right. I was wondering that, you know, some people go down their driveway, right, and take off. We don't want to do that. Okay. I don't have any other questions for this. Any other questions? I just need clarification. The shed you're referring to that's existing, I'm assuming, is this yellow and brown one? That's the shed that's on the property right now. And if you could see the outline of the cinder blocks, there was a building there that must have been raised before we got the property. And so we're going to put the shed right in the same footprint that works out. Correct. But the shed that's sitting there is the one you're referring to? That shed's going to be taken down. That shed will be taken down? Correct. No further questions? Anybody else? Anybody else? Okay. Just step to the side. I'm going to check with the audience. Is there anyone here that would like to speak on behalf of his variants? Seeing none. Dr. Bass? Yes. Discussion? No. I don't have any other questions. Discussion? Do you want to make a motion? I make a motion to approve the two variances as depicted in the survey, which is dated February 4th, 2026. We have a motion approved by Dr. Bass. Do we have a second? I'll second the motion. We have a motion to approve by Dr. Bass, a second by Mr. Hoffman. Any discussion? No. No? Okay. We'll do an individualized vote. Mr. Hoffman? Vote to approve. Ms. Dr. Bass? I vote to approve. I vote to approve. Ms. Clemons? I vote to approve. Your variants have been passed. Thank you. Thank you so much. Is there any documents that you wanted to show? Sir? Sir? Sir? Yes, I'm good. Okay. Thank you. Mr. Bodie, can we have a next applicant, please? Yes. Item H2, Island Cremations, LLC. Request two variances of Chapter 62, Article 6 of our county code for setbacks in a BU-1 zoning classification. And the application is 26B-00022, located in District 2. Good afternoon. Good afternoon. Can you raise your right hand, please? Do you swear to tell the truth? I do. Your first and last name, please. Matthew Sabatino. And your address? Do you want my address or the project address? Because I'm not the owner. I'm the, like, representative. Okay. You're speaking on behalf of? Yes, ma'am. You are who? The contractor. And what is your name of the contracting company? Sabatino Construction Group. Okay. But the address for the job is 405 South Courtney Parkway. Okay. Thank you. You're welcome. How can we help you this afternoon? So we're proposing to replace the entryway canopy. The entryway has a vinyl cover over it, where the 88 is the handicap accessibility, the main front entrance. And we're trying to replace it with basically a solid structure, like a real roof. There's already a roof there. It's a canvas roof, and they have to replace it once every couple years. It gets deteriorated. So the angle of the property line is causing, the existing is actually a little bit over the setback, like on the outside corner. So we're putting it in the same spot. It's just we want it to be a solid roof structure so that he doesn't have to replace it all the time, I think. So there was also a rear setback variance, but that's an existing, the building's over the setback already on that variance. We just had to add that to this application. I think that's mostly it. We did have the neighbor did a public comment on the rear setback, which is the rear setbacks, nothing's happening there. We just had to add that onto this because it's an existing variance. Okay. I see this is in District 2. Ms. Clemmings? I have a question, but I think it's a Paul question. And the second variance for the rear setback, is that already a variance that's approved? No, it's not approved. That's the reason he has to request it. It also doesn't meet the 15-foot rear setback. But is there a way to determine that that was prior to them owning the property? Yeah, we've looked at that. It hasn't been approved. But is there a way to determine whether it was prior to them owning the property? If it was what? It was prior to them owning the property? Yes, it was there since it's been built. Yeah, that was like the original. I understand. I don't know how that would happen. The setback changed or something. It just happens. As far as for the front request, there's not going to be any change in the distance. You're just changing the structure of the roof line? Mm-hmm. Okay. I guess the original one, since it's like canvas, maybe there wasn't, I guess it wasn't a permit required. It's just like an awning type deal. So, yeah, it's the same location. I don't have any questions, any further questions. Okay. Mr. Hoffman? Yes, the rear setback, it's just a foot or so shorter than the 15-foot required? Correct. 1.1? Yeah, it's 13. Okay. Yeah, 13.9. This letter from the neighbor, she apparently thinks that you're taking the setback down to 1.1 feet from her property line. Yeah, I think she's totally. I think she was concerned about the stormwater, but I don't think she's addressing the condition that you are. Right. Legitimizing the existing condition really makes no change to what she's already seen. Right. We're not touching the back of the building on her. Her house is right behind the back of the building. I appreciate her concerns and coming forward and doing a good civic duty. I think her facts are reversed. I think she was confused about the project, I think. Sounds like. After this, you might consider her being a good neighbor and going over and helping her understand it after she sees that it passed. Buy her lunch. Yeah. She's not actually my neighbor because I'm not the owner. Dr. Bass? I have no questions. Ms. Clements? No. Okay. Step aside. Is there anyone here that would like to speak on behalf of the variants? I see someone. You can stop to the side and let her come up. Can you come up to the podium, please? Okay. Can you state your name for the record? My name's Kimberly Cappioli, and I live at 10 Mark Avenue, Merritt Island, Florida. And raise your right hand. Do you swear this whole truth? I do. Okay. How can we help you? Are you for it or against it? She's the comment. Yeah. I'm for comment. Oh, comment. So I'm the neighbor that wrote the email because sometimes reading language that gets sent is hard to decipher what it's actually meaning. So, yes, I assume that they were trying to expand the whole building and bringing the building a foot and a half from the property line. You know, now I understand a little bit better. So I really don't have any, like, if they just want to extend the front so that when it rains and they have people coming, you know, there's a way for people to get out the car, you know, without getting drenched. That I totally understand and I'm not in opposition of. So, yeah, that was all I wanted to say. Thank you. Thank you. Ms. Clemmings? I make a motion to approve the two variances as depicted on the survey dated June 2023-2025. I'll second. Ms. Clemmings made a motion to approve. Dr. Bass made a second. I'm going to read the six variants. That special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classifications. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will 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 an 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 would make possible the reasonable use of the land, building, or structure. And that the granting of the variance would be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to pass by Ms. Clemmings. A second by Dr. Bass. Individualized votes. Mr. Hoffman? I vote to pass. I vote to pass. I vote to pass. I vote to pass. Your variance have passed. Thank you. Thank you. You're welcome. Ms. Voting, can you give us our next applicant, please? Yes. Item H3, Eric and Mars of Penny. Request variance of Chapter 62, Article 6, Bavard County Code for a pool screening closure in a PUD zoning classification. Applications 26V00023 and located in District 4. Good afternoon. Good afternoon. Can you state your first name and last name for the record, please? My name is Mike Jaffe. And your address? My business address for all aluminum screening is 7622 Emerald Drive, Unit 5, West Melbourne. And do you swear to tell the truth? I swear to tell the truth. How can we help you today? Madam Chair, Board, Staff, thank you for the opportunity to present our case here today. I am the general contractor that was hired to perform, designed to perform the pool enclosure for our client, Mr. Penny, who's here in the audience. Mr. Penny, his home is in Wyndon, Duran, so a pretty large home on a lot that has a very sharp radiused rear that backs up to a retention pond, which oversees one of the fairways at the Duran Golf Course. And then on the opposite side of that is Wickham Road. And the pool is actually, you know, it's permitted and it's currently under construction. And as we started the design, and that's by another contractor, and as we started the design of the pool cage, it was determined that not only was our client not able to get the look he was looking for, but also that the constructability would be challenging. And so we're requesting that this board to grant relief for... Excuse me, before we go any further, I don't think we have an authorization form that authorizes you to speak for the applicant. Okay. Is he here today, you said? Yes, sir. Can you have him come up and say that you're going to represent him? We were going to do that one year. Okay. Well, I was thinking that we had everything, but if he has that, we'll take it from him where he can get up and tell you that he'd like you to speak for him. Okay. Come to the... Yes. Have him swear himself in. Yes. Do you swear to tell the truth? Yes. And can I have your first and last name and, for the record, your address, please? Yes. My first and last name, Eric Penny, and my address is 7347 Gorda Peacott, Vieira, Florida. Do you swear to tell the truth? I swear to tell the truth. Okay. And would you like this applicant to speak on your behalf? Absolutely, yes. And what is his name? Mike Drafi. Thank you. Thank you. Thank you. So our ask is the minimum relief needed to perform the work that our client is looking for, which is two feet of the five-foot setback. We don't believe there's any harm to the public. We believe it's harmonious to the general features of the neighborhood. Again, it backs up to a large retention pond, so there's no neighbors behind that we're encroaching on. And it's also a public-private golf course, and on the other side of it is Wickham Road. So we respectfully ask this board to grant this small variance. Okay. Thank you. I see this is in District 4. Dr. Bass, please. Well, I was going to drive by, but it's a gated community, so I couldn't get in. But I was able to pull over on North Wickham Road and look across and to see that there is nothing that's going to be affected with this construction. So it is on a waterway, and there's no buildings around it. It's not a navigable waterway. So it's pretty straightforward, I believe, on this, even though I couldn't drive by. Okay. Mr. Hoffman, any questions? Ms. Clemmings. No questions. Okay. And I don't have any questions. I just, it's straightforward. Mm-hmm. The neighbor on the left and the neighbor on the right, I see you have some area between the neighbors, so I don't see anything. Any rebuttals or anything from the neighbors, by chance? No rebuttals from the neighbors, and the HOA was okay with it as well. Oh, the HOA. Okay, great. Okay. Well, thank you. Let me just check. Anybody here in the audience would like to speak concerning this variance? Seeing none, Dr. Bass? Yes. I will make a motion to approve the variance as depicted in the survey with the revision date of 3-24-26. Do we have a second? I second. We have a motion to pass by Dr. Bass and a second by Ms. Clemmings. I will read the six hardship questions. You can come back up to the podium. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on 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. And that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an 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 granting the variance would be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved. We have a motion to pass by Dr. Bass. We have a second by Ms. Clemmings. We'll do an individualized vote right now. Mr. Hoffman, how do you vote? I vote to approve. Dr. Bass? Approve. Approve. Ms. Clemmings? Approve. Your variance have passed. Thank you. Thank you, board. Mr. Bodie, can we have the next applicant, please? Yes. Item H-4, PVA, and David. Sling land request variance chapter 62, article 6 of our county code for a setback in RU-1-9 zoning classification, application 26V-00024, located in district 1. Okay. Come on, Sam. Good afternoon. Good afternoon. Yes, where you at? Do you swear to tell the truth? I do. And can you state your first and last name and your address for the record, please? David Slingerland, 818 Heron Road, Coco. Okay. How can we help you today? About a year ago, I got a series of variances, started on the project, and discovered that one variance wasn't addressed, and that was the seawall offset for the porch that we're redoing. And so we need to get a few more inches of variance for the porch to be completed. So the seawall offset is the seawall's rate on the property line pretty much, so the front of the seawall's good, but the back of the seawall is, like, three inches too close to the, within the 10 feet setback. Okay. You are in District 1, and that is my district, and I'll just start off with the questioning for you. Okay. So this is just one variance that you're looking for today. Correct. I wasn't able to drive by the residence. However, my question is this. The neighbor, I believe that's to your right of the property? Probably to the left. To the left? Yeah. Okay. If I'm on my porch, it'd be to the right. Okay. How do they feel about this? They have no problem. None of the neighbors. None of the neighbors. Yes. Okay. All right. Some of them offered to come down. I didn't think that was probably necessary, so. Oh, to come down and speak on your behalf? Yeah. Okay. But no one came, right? No. Okay. So in approving this variance, that would allow you to exactly do what? Repair my porch, essentially. It's currently there and pre-existing to my purchasing the house, and it's falling down, so I wanted to put a new roof structure over the top that's a little more solid and permanent, which led into the variances in need. Okay. When you say put it in a new roof, it's going to be the same size as your existing. Same size, same footprint, just a replacement of materials, basically. Okay. Okay. Okay. No other questions. I'm going to open the floor for questions, Ms. Clemmings. No questions? Mr. Hoffman. No questions. Dr. Bass. Wow. Well, I see. We already said no one's here on your behalf. So would someone like to make a motion? I make a motion to approve the variance request as depicted on the survey engineering plan with the date of March 2026. Madam Chair, just to put it on the record, would you just ask if there's anyone here in opposition? Oh, I'll put it back on the record again, just to make sure. Anyone in the audience here to speak to this variance for yea or nay? Seeing none. Thank you. Okay, you're welcome. That's for the record. Now, we have a motion on the floor from Ms. Clemmings to approve. I'll second. We have a second by Dr. Bass. I'll read the six hardship questions. That special conditions and circumstances exist which are not applicable to other lands, structures, or buildings to 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 an 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 an 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 would make possible the reasonable use of the land, building, or structure. And that the granting of the variance would be in harmony with the general intent and purpose of this chapter. That such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Ms. Clemmings, a second by Dr. Bass. We'll do an individualized vote. Mr. Hoffman. I vote to approve. Dr. Bass. Approved. Approved. Approved. Your variance have approved. Thank you. Thank you all. You're welcome. Mr. Barty, can we have the next? Yes, item H5, VH Properties, LLC, request two variances, Chapter 62, Article 6, Blavard County Code, for a waterway encroachment and setback in an RU-1-11 zoning classification. Application is 26V00025, located in District 2. Good afternoon. Hi, how are you? Good. Good. I'm going to swear you in. Do you swear to tell the truth? I do. Can you state your first and last name and your address for the record, please? Speak loudly into the mic. Davin Erickson. The address is, I'm the representative for the customer. Okay. An address? I don't remember the address. I don't remember the address. 1640 Coquina Drive. 1640 Coquina Drive. I'm sorry. Okay. That's okay. How can we help you today? We pulled the permit for the survey that was submitted to us when they bought the property, and we set our lines up on the marks and the pins that were present, did our projection of the waterway, built our dock. We ordered a survey from our surveyor, and their survey was wrong, and it was like almost two foot out from what it's supposed to be. Okay. And the survey record then was wrong, and my surveyor double-checked it. I don't know how to resolve that. The other surveyor is not going to. So I don't know how to resolve that. Okay. Well, I see this is in District 5. Ms. Clements, let's start off with the question. Ms. Clements? I'm sorry. District 5. Did I say District 5? I apologize. That's okay. So just out of clarity, was the survey that was used for the original permit, was that from the prior owner? No. So when Mr. and Mrs. Houser bought the house, they had a survey done, I'm assuming, because it was less than 180 days old. Okay. Which is required for my permit, and which is common, customers get their own surveys. And we used that survey, did the plot plan, approved everything, submitted, got the permit, came out and built. And they had discs and pins on the seawall that I visualized and ran my string line, and then I did my projection out, and it's wrong. And I want to clarify, your two feet projection is out? I say two feet loosely. I don't remember the number. I apologize. But that short amount, or the amount that we're requesting the variance for, is out into the water, or is it north or south, or east or west of the property line? For the building code, we can only go out 20% of the width of the canal from property line to property line. And I believe this was an 80-foot canal, maybe 70 feet. 70. So then it's 14-foot projection from our property line, from the line I depicted with my property marker pins. And then I set my line out there, and I based my pole set off of that line, and I worked my way back. Okay. And when I did my ASBIL, they're set back inland to where the original first seawall was, because they've got a couple seawalls that have been put in. And that's not the correct survey. Interesting. Okay. So the dock is in place. Yes, ma'am. And we're basically just trying to legitimize it being two feet-ish into the canal. Yeah. There's not going to be any additional change. No, no. The hardship is it wasn't their fault. They came into Florida, bought a property. Nobody used to know the difference. I can't know what the survey is, right or wrong. Everything was approved. And there's no way to go back to the surveyor unless you get it in real estate attorneys. I understand. It's just unfortunate. No. Okay. I don't have any other questions. Okay. Okay. Mr. Hoffman, any questions? Just one hook, sir. Oh, I'm sorry. Oh, I didn't know you were going back. I'm sorry. So there was a deed survey that the original owner got, that the owner had, that you... Not the original, the new owner. The new owner got a deed survey. A boundary. Yeah, for the deed. Yes, sir. You build off that. Yes, sir. And now your surveyor, who you seem to trust more... I do. ...has determined that that original survey was wrong? Yes, sir. I actually sat in his office for a couple hours, and we did some digging and research, and he stands behind, his is correct, which is on record for as-built. Okay. So the as-built surveyor, you're sure it's right? Yes, sir. Okay. I left it there, because I've been working with him for a very long time. Yeah, that's fine. So... I'm in the business. Yeah. I have surveyors I trust as well. Okay, that's... And then you say there was... The seawall was rebuilt twice? In history, when you see a vinyl wall, that's already a new wall. So there's usually either one or two walls behind that. Oh, you don't know how many? No, I mean, we can go back and look at record, but they start off with either an asbestos or concrete, and then there was wood present underneath there, and then there's the vinyl. So I'm not 100% sure, but it's, you know, we're already heading out past the property line with the vinyl wall into the waterway. Okay. That's common. I think it's the Department of Natural Resources allows them to rebuild the wall 18 inches. Correct. Up to four feet, then you have to remove, because they don't want the spoils of the lands getting into the canal, so they'd rather you build in front of it, but then Public Works makes you take it out if you get to that four feet mark. Okay. Dr. Bez? I have no questions. Thank you. Okay. Okay. And I think, for me, it's just plain and simple. You're here for two variants, correct? I don't... Yeah, you're... Yes, two variants. One was for the projection. The other one was for, I think, 0.2 feet from the easterly seven foot, seven and a half foot setback requirement. May I interject with that? We submitted the survey correcting that, because the survey was wrong, and they approved that, because we were in our seven and a half foot setback. The one that we have with the application for the variants says it's 7.3 feet off of it. There's a little jog there that comes back. That's what we're using for the application. Okay. So, let me be clear. Today, we're here for two variants, right? Yes. And as Mr. Bode just stated, that one is 7.5 feet. Is that what we're here for, or is it a discrepancy? Because I'm looking at your face. You're looking for a puzzle. The second variant is for the second. I know. He'll know. Okay. I filled out the paperwork. Yes. Okay. Oh, okay. I'm Vince Hauser. I live in the house, 1640 Coquina Drive. Okay. The second variant is for a triangle that's literally, like, this big. It's where it goes from way out and then goes up to the wall, and instead of it being the 90-degree corner, they put a 45-degree inside. But, so, we didn't even, no one even noticed it, and the survey caught it. I mean, it really wasn't drawn that way. It just, it was a simplicity thing, I think, when they built it. But it doesn't impede the neighbor at all. And I spoke to him about it. I showed him exactly what, you know. And that was going to be my second question. Yeah. Is it any neighbors to your left or your right? Yeah. So, the one neighbor's here. I don't know if he's speaking or not. Oh, okay. But there was four comments. I spoke to three of them. The three I spoke to were fine. The fourth one, he's out of town, and he put that in his comments. So, I wasn't able to speak to him. But, from my understanding, from the other two that I did talk to, that's, they're, all three of them are across the canal from me. And the one that's directly across is the one that's not here. But, and he's the one that got the other two riled up about it. But, but, they all, they all misunderstood that thinking that we were going to be building an additional two feet and not that it was an as built. But you are not building additional two feet. No, we're not doing anything out there. Correct. There's no other. Okay. So, let's clearly state that for the record. Okay. Yes. Great. Yeah. No, I'm about out of money. Okay. All right. Well, thank you. And let me check with the audience now. Anybody else had any more question? Board? Okay. So, thank you. Let me just check. Anyone in the audience would like to speak concerning this variance? Yeah or nay? Come on up. Come on up. We'd like to hear from you. And just, well, you have to raise your other hand. Yeah. Do you swear to tell the truth, the whole truth? Uh, pardon? Do you swear to tell the truth? I do. And state your first and last name and your address, please, for the record. Richard Phillips, and I'm at 1630 Cocana. Okay, are you a neighbor of his? I'm a west side. Okay, and where's your house directly from his house? West of it. Okay. Directly west. How can we help you? So, I've actually, the variances don't really, they're not going to bother me that much at all. Okay. So, I'm going to, I'm not going to oppose either one of those variances. After listening to Devin's explanation, I understand a little more. Uh, in general, I, uh, have seen variances come across, and, uh, for the most part, they're always before construction. I was kind of wondering how the construction got done then. We're at, so, and I, and, and, and I've lived there long enough to know that, uh, the seawall that he repaired and was there was put outside, that, so that's the first seawall. That's not the second seawall. It's, it was, because I still have my old seawall. Uh, there's, uh, um, the original seawall, and then the one that's there was put outside, so there's not two, it's just one. But, anyway, that's, uh, I'm, I'm not necessarily opposing either, either of the variances, because it shouldn't affect me, hopefully, I wouldn't think. Okay. So, but, okay. Thank you. Thank you. Thank you. Okay. I have a quick clarification. I just want to make sure all the notes that I'm reading, um, are basically saying that they're under the impression that you're adding an additional two feet? Is there, has there been any clarification of that with these oppositions? Yeah, I, I spoke to three of the four. The one, the one he said in the letter, he's out of town, and I don't know when he went out of town, but I went to his house twice. David Pratt? Yes, ma'am. Okay. And he never answered the door, so I don't. That's the only one you haven't spoken to? Correct. Okay. Yeah, but the three that I did speak to, all of them, they, they absolutely thought we were adding two more feet in both directions. They thought we were going to be going closer to everybody, and I'm like, no, we are, we are done. And then the resolution would be basically starting from scratch, tearing it down, and going back two feet. Yes, ma'am. Just make sure, everybody understands how dramatic it would be. Yeah. That's a big deal. Yeah. I just said it out loud to freak you out. Yes, that's okay. No other questions. Okay. Would you like to make a motion, Ms. Pierce? I make a motion to approve the variances as requested, depicted on the survey, with a date of 11-3-2025. And do we have a second? I'll second that. We have a motion to approve by Ms. Clemens and a second by Dr. Bass. I'll read the six hardships. There are 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 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 with an 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 the variance would be in harmony with the general intent and purpose of this chapter. And that such use variance would not be injurious to the area involved or otherwise detrimental to the public welfare. We have a motion on the floor by Ms. Clemmings to approve, a second by Dr. Bass, an individualized vote. Mr. Hoffman, how do you vote? I vote to disapprove. Okay. Mr. Hoffman disapprove. Dr. Bass? Approve. I approve. Ms. Clemmings? Approve. This variance has just been approved. Thank you. Mr. Bode, our next applicant, please. Yes, item 8-6, James O. and Cynthia L. Hoffman request the variance of Chapter 62, Article 6, Brevard County Code for the lot size and AU zoning classification application is 26B-00026. It's located in District 1. Good afternoon. Good afternoon. I'm going to swear to tell you to drive front. Do you swear to tell you? My name is James Hoffman, 5380 Fruitport Street in Port St. John. And how can we help you today? I have a piece of property up in Mims that I've owned for several years, and I haven't improved it at all. It's unimproved now. I'd like to put a pole barn on the property, and so that's what I'm here for. Just come a little closer to the mic. I'm sorry. I can't hear the last part. You have a piece of property in Mims that you would like to do what? Put a pole barn on. A full barn? Pole barn. Pole barn. Pole barn. Okay. It's an open-wall barn. Okay. Well, I see you in District 1, and that is my district. And I did drive by your property, and I see you have a lot of property. I don't really have any questions because your neighbor's really a little ways from you. In all directions, right? It's really rural out there. Yes. So, I don't see any problems, and I don't have any questions. So, I'll open the floor for questioning. Mr. Hoffman? No questions. Dr. Bass? No questions. Ms. Clemmings? No questions. Okay. Let me just check. Is there anyone in the audience here that would like to speak in regards to this variance? Seeing none. Anyone would like to make a motion? I'll make a motion to approve the variance requested as depicted on the survey data. 12-16. 12-16-20? 25. 25. Okay. 12-16-25. Okay. Mr. Hoffman, a motion to approve. Do we have a second? I second. Ms. Clemmings second. I will 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 the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning. That literal enforcement and 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. That the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. And that the granting the variance would be in harmony with the general intent and purpose of this chapter. And 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 Mr. Hoffman, a second by Ms. Clemmings, individualized. Vote, Mr. Hoffman. Vote to approve. Dr. Bass. Approved. I approve. Ms. Clemmings. I approve. Your variance have been approved. Thank you. Mr. Bodie, our next case, please. Yes, item H-7, Catherine Louise Abernathy, Provocable Trust and Joy Ann Maloney, sorry, Malloy. Thank you. Request four variances, Chapter 62, Article 6, Brevard County Code for Accessory Structure and TR-2 Zoning Classification. Application is 26B-00028, located in District 1. Good afternoon. Good afternoon. I'll wait until you get to the mic. Take your time. Yes, ma'am. Mm-hmm. How are you this afternoon? Yes, ma'am. Thank you. I think you swear to tell the truth. Yes, ma'am. And can you just state your first and last name and your address for the record, please? Catherine Abernathy. Catherine with a C. And your address? 5932 Cedar Lake Drive, Cocoa, Florida, 32927. Okay. And how can we help you this afternoon? Oh, well, we was going to have a fence put up. And they denied it. They said that the stuff that I had on the property when I bought it wasn't right. So we had another survey. So I don't know. They're saying that the shed in the back is... Wait, hold on one moment. I need to swear you in, please. Let's come to the record. This is Joan Allen, my oldest daughter. Okay. Joy is not with us now. Okay. And your first and last name and your address, please, for the record. Joan Carey, 5932 Cedar Lake Drive, Cocoa, Florida. Okay, you swear to tell the truth. I do. Okay. And that is your mother. This is my mother. Okay. She bought the property 26 years ago. It's open to the mic closer. Yeah. Oh, she bought the property 26 years ago, pretty much as is. Okay. And she was wanting to rebuild her back porch. And they denied the permit for that. And then, you know why. And then she wanted to put up a fence that was once up already, but fell down in a storm. And they denied that. And then come to find out there is a structure in the back of shed that was on the property when she bought it that is too close to the easement line. It's actually supposed to be 10 foot. It's seven foot, according to the new survey, and she was asking to keep that because it's got quite a bit of things in it. And it was been there when she bought it. And then there's a garage on the right side that was there when she bought it. I don't know what the problem is with that. And then there's a carport that she had put on like 16 years ago, and the company put it up without a permit or anything. I didn't know it was, I didn't know that my husband was putting it up. Yeah, her husband put it up. Okay. And we're just asking to keep those things because it would be a hardship to take them down. Okay. Well, seeing this is in District 1, and that's definitely my district. Oh. So I'm going to start off with the questioning. I see today you're asking for four variants, right? I think three. Four. Correct? The shed in the back? No. No, there's four variances that they need. Oh, it is the fourth one. One's for the shed to the side, south side setback. One's for the carport that's located, those that meet the front setback. And the separation distance, and then she has one accessory structure over the two that's permitted. So that's the reason for the other one. Okay. You understand that? No, I don't understand what the last one is. So we have, as Mr. Boing. Go ahead, Mr. Boing. You're only permitted two accessory structures on your property by the size of your lot, and you have three accessory structures, so there's one over the two is what the last one is. Oh, I understand. I'm sorry. That's okay. That's what we're here for. But the two were there, the shed in the back on the south, and the carport or the garage was there when I bought the house. Correct. Uh-huh. Correct. So what we're here for today, we want to legitimize all of those items that's on your property. Yes, ma'am. Okay. So going back, we're here for four variants today. As Mr. Boing just stated, the carport, two sheds, and the accessory. The accessory. Correct. Okay. Now, my question to you, I do know you have a lot of land as well, and you have neighbors to your left and to your right. Yes, ma'am. Any of your neighbors are opposing or objecting to this or saying anything to you? I love my neighbors. You love your neighbors? Okay. Okay. No. No, definitely. Okay. Good neighbors. All right. Okay. And I know you stated your husband put up the shed without the right permits years ago. He hired a company to put it down. Yeah, he hired a company. Okay. All right. No more questions for me. Ms. Clemmings, any questions? No questions. Mr. Hoffman? No questions. Dr. Bass? No questions. Thank you. Okay. Let me just check. Is there anybody here that would like to speak? And yea or nay to this variance? Seeing none. Anyone would like to make a motion? I'll make a motion. I make a motion to approve all four variances as depicted on the application and the survey dated February 23rd, 2026. Do we have a second? I'll second the motion. We have a motion on the floor to approve by Mr. Hoffman and a second by Ms. Clemmings. I will read our six hardship questions. That special conditions and circumstances exist which are not applicable to other land structures or buildings or buildings in the applicable zoning classification and that the special conditions and circumstances do not result from the actions of the applicant and that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. And that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter that 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 injurious to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Mr. Hoffman and a second by Ms. Clemmings. Individualized vote. Mr. Hoffman. Vote to approve. Dr. Bass. Approved. I approve. Ms. Clemmings. Approved. Your variance have passed. Thank you. Have a nice chair. You're welcome. Have a great day. You too. Thank you. Okay. We'll stay on the record for, you said, do we stay on the record for the voting of the vice chair? Yes. I'm sorry, what was that? We have to stay for the voting of the vice chair. Okay. Okay, that's what we'll be doing now, correct? Okay. I'll make a motion to nominate Ms. Clemmings for vice chair. Go ahead. I'll second it. It's only because you don't want it. Oh, yeah. Mr. Hoffman, discussion? No discussion. Mr. Hoffman, how do you vote? Oh, yeah. Yeah, I vote to appoint Ms. Clemmings vice chair. Dr. Bass? I vote to appoint her vice chair. Thanks, kids. I vote to appoint you vice chair. Ms. Clemmings, congratulations. You are now vice chair. Sneaky dogs. Okay. I now adjourn this meeting. That was good. The opinions expressed by any member of the public during any period of public comment do not know.