To the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
Good afternoon. Welcome to September 16th, Board of Adjustments. I do. Can you not? Hello. Better? Okay. Welcome. Mr. Bode, any staff announcements? Would you like to read us the function of the Board of Adjustments?
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, Bavard County Code. The Board of Adjustment is empowered to hear requests for variances to the zoning regulation and signed regulation in Chapter 62, Article 6, and Article 9. Pursuant to Florida Rules of Appellate Procedure, any person or persons jointly or severally agree by any decision of the Board of Adjustment may, within 30 days after the date the order is signed, apply to a court of competent jurisdiction for appropriate relief. Ms. Chairman, you have seven items on your agenda today.
Thank you. Bill, would you like to read us the definition of the undue hardship?
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 will not be considered as grounds for establishing an 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 a 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 a requested variance.
Thank you. I will now address the Board members, applicants, and our audience regarding the Board procedures for today's hearings. The Board of Zoning Adjustment is a quasi-judicial board with members appointed by the Brevard 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 applicants have completed their presentations, we will begin board questioning with the board member who represents the applicant's district. When concluded, questioning is open to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal, as well as to present their final comments. Once completed, no further comment will be heard from the applicant or the public. Then action, the action moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we are asking each speaker to be concise in what they have to say. It is important that you stay on the subject and avoid any information that is not relevant. All persons speaking must provide their name, address for the public record. Those wishing to not verbally state their address may ask the clerk at the podium for an address card. Please fill it out and return to the clerk. Do I have any changes to the meeting minutes from, gosh, when was it? August 19th.
I make a motion that we accept the minutes as presented to us from the board meeting of October, August, sorry, August 19th, 2026.
I'll second that.
Okay. Meeting minutes approved. Mr. Bode, will you please start us off?
Yes, I have a correction. There's actually eight items on today's agenda. I didn't look to the reverse side of the page. Item H1, George and Carolyn Meyer request two variances of Chapter 62, Article 6 of our County Code for the Principal Structure and Attachments in a TRC-1 Zoning Classification. Application is 26V-00049. It's located in District 3. And this item was tabled at the August 19th, 2026 BOA meeting.
Wonderful. Who's here to speak on behalf of us?
Dwayne, did 3705-3rd Avenue.
Would you pull the microphone up?
Speaking. Dwayne, name is 3705-3rd Avenue of our floor. The contractor.
Okay. Do you mind raising your hand? Will you raise your, or do you swear to tell the truth, the whole truth and nothing but the truth? I do. Okay. Continue.
Your name is Dwayne. I'm Dwayne. That's my address, 3705-3rd Avenue in Malabar. I'm the contractor and the agent for the homeowner at the address. And so what we have is, it's an older property in Barefoot Bay again. And we're trying to make improvements, but one corner of the house is out an inch and a half. And you guys know the way it works, for the last several years, everyone's had to come into compliance, you know, with zoning to ever get a permit to make additional improvements to the property. And the property, I mean, it all looks the same. There's nothing any different. It's been sitting there the same way for 30 years. And the people don't understand when they come in buying cash, they have no idea that the property's out a little bit. So whenever they go to make improvements, this is what we've run into. So we're just asking for that little bitty-bitty variant so we can make some improvements.
Okay.
When you say they buy with cash, did they get a survey at the time?
No, and typically not. Whenever these guys buy with cash, you never get a new survey.
So it was based on the deed survey that was already on record?
Evidently. There's never a new survey required when cash is involved.
You mentioned the slight out of setback, but there's also a problem with the square footage.
Correct. And they have a very unique, as you can see on the detail, this big, giant, arch, huge screen room. I've seen, you know, maybe 10 of them barefoot bait like that. They're really proud of it. I don't know how you undo it, but we're hoping we can move forward.
Was that permitted, the screen?
No clue. No clue. I have no idea.
Any questions?
No, I have no questions.
My only question is, we're legitimizing this space to do anything else, or what's the plan?
No, we're only asking to, they're trying to convert the existing carport into garage. So, that's it. We're not adding on or building anything new.
Okay. I don't have any questions, if you'll just step aside for a second. Okay. Is there anyone here to speak for or against? Seeing none. Would you like to come back up?
Mark?
I just hope you all guys have a nice day. I hope it's dry on the way home.
Thank you. Well, I cannot make a motion to approve or deny, but here.
I see. Well, it's true. Okay. I make a motion that we approve this application for variants based on the survey dated March 4th, 2022.
I'll second that. Okay. Your variants request has passed.
Appreciate it.
I'll make a motion to vote for the variants to pass. All in favor? Aye. Aye. Your variants has passed.
Thank you.
You're welcome. You're so mailed. Mr. Bode, next up.
The item H2, Bruce B. Packard, Sr., and Claire H. Packard, Life Estate, request variants, Chapter 62, Article 6 of our county code for an accessory structure in an R-1 zoning classification, application 26B-00044, it's located in District 1.
Okay.
Hi there.
Hi.
Can you state your name and address, please?
Kaylin McCain, 4930 State Road 46, Mims, Florida, 32754.
Okay. Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?
Yes, ma'am.
Okay. What you got?
We've got a lot that has a unique shape to it. It's pie-shaped. Dimension on the front versus dimension on the rear is about 30 feet of difference. I think it's probably around two-acre lot. He had existing concrete there since the home was originally constructed. I think the home has been there 10 or 15 years. It's been impervious ground since then. He now has bought an RV and wants to store an RV inside of a shed. So what we want to do is we want to put a shed on that impervious ground, that concrete, to encase his RV. And if you look on the survey, the front side of the structure is within the setback, but because the lot is pie-shaped, we cross the line by about four and a half feet there on the back side of the property.
Okay. Is there anything else?
No, ma'am.
Okay. Questions? This is in District 1, and Sonia is not here today.
Have you been in touch with the neighbor on that side that would be affected by the setback?
It was my intention to. I did talk to Bruce and Claire, but they haven't made contact with them in probably five or six years. They stay pretty quiet over there. I do have an aerial photo from the place that their whole backyard is all grass.
Is there a fence between the properties?
There isn't. There is a hedge, a grass hedge.
On the aerial picture, is that RV actually what's there?
Yes, ma'am. I do have a photo if you'd like to see it.
That's the one we have.
Okay. Yeah. Yeah.
And so you're just looking to create more space?
No, no. We're on top of the concrete where the RV is now. We just want to cover the RV with a structure. No additional concrete? Okay. No, ma'am.
My question was asked.
Thank you.
Okay. If you'll give us just a second to see if anybody's here to speak. Just at the side. Stay close. Stay close. Is there anyone here to speak for or against? Come on up. Hello. How are you today?
I'm fine. How are you? Good. Do you want to state your name and address, please? I'm Jill Whitson, 7682 Wendover Way, Titusville, Florida. Okay. Where to tell the whole truth, nothing but the truth. So help me God. So help me God.
Yes, I do.
Okay. What you got for us? I am, my mother-in-law backs up against the property and she's been there since many of the houses have been built. And the lot that he's talking about, the real estate detail says that there is already an RV structure there, an RV garage that's 1,755 square feet. And as more people move in, the noise level gets up there and we hear the grinding and stuff. And I know that they have a business there. And we're worried that by putting another structure there, we'll give more room for them to do more cutting of plumbing and kitchen, they do kitchen remodeling and stuff like that. And we're more concerned about the noise levels during the day. We have a fox family that comes through. She has bunnies and raccoons and all kinds of little critters. And coming closer to her property, we're a little concerned that the noise level is going to go up and animal wildlife is going to go down. And if you look at the property, there is room on the other side or in the front of their home to put this structure. It doesn't need to be next to hers. And that was our concern.
Okay.
Thank you very much. You're welcome. Phil, wait just a second in case he has some questions.
You said you run a business there?
When I looked up online, it says that there is a business called Packer Enterprises, LLC. And when I pulled some of the annual reports, it lists the name and address of current registrate and the current mailing address and the principal place of business states, morning dev. Would you like those? No.
I can hand that to staff. That's fine. Okay. I guess my question for staff, RR1, does that allow light industry?
It's a rural residential.
Yeah, it's rural residential. It allows for home occupations. I'm not sure what type of business they're running out of it.
I'm only questioning that some familiar with registering companies.
Yeah, I have the HOA here.
You can list and address. It doesn't mean that that's the place where the work is performed. You know, it could be just the registered office or whatever. And that's why I'm questioning whether it can visit. Do you have personal knowledge there?
I do not. I haven't gone over there to talk to them. Okay. I did bring it up to our homeowners association, and they were going to check into it because our HR, I'm trying to get what they call them, the gentleman that does the, yeah, I got the bylaws here. But the gentleman that approves the pre-permits was supposed to look into it, and I haven't been able to get him to respond to me. So I did bring it to the board last, two weekends ago. Okay. Thank you.
Would you like to come back?
Yeah.
Do the same thing. Are they actually performing business activities there, or is it just an address of record?
So there is a home office there. Mr. Packer has an RV now because he is retiring as of like two months ago. His occupation is a HVAC contractor for the FAA. His work is highly specialized and on-site. There's really no work done at the home site. He is a race car guy. He does have a garage where he tinkers on his own vehicles. But as far as, you know, some of his work is large piping, welding, everything that's basically done on-site, you know, because they work in the towers up to 330 feet sometimes. You know, I think MCO was his last job before he retired. So I think, to kind of answer her, he's, you know, that's, this is, the RV is part of the wrapping up life and moving on. So, but there is a home office there.
Do you know, do they have a yard or some sort of facility somewhere else for when they don't have their equipment on-site at FAA?
No, it's, you know, most of the time, these jobs that he works on are, is a reference, highly specialized, just given the nature of a flight tower. So it takes years to prepare. And in years to prepare, they also have lay-down yards associated with, you know, the work that they're doing at that time.
On-site?
On-site, yes, sir. Okay. Yeah. And it's, you know, the FAA tower, you know, a flight tower at an airport is only located at the airport. So their work is all over the southeast. Yes, sir.
I had one additional question, please. Now, I thought the basic structure, the platform is already there, and you were just going to be putting a cover where the RV is going to be?
There is a detached garage there. We want to put a separate, more of a temp structure outside. His detached garage is, it's not really attached, it's attached to the home. So it's a stucco facade, the same roof line. And it was incorporated at the same time the home was built. It's basically just the garage for the home. We want to put a detached structure to the side of it for the RV.
All right. And that's going to exceed, it's going to go out further. How much further than what we already have in the?
Not any further at all.
That's what I was saying. Yeah. Right. So you're maintaining the same profile.
Yes, ma'am.
I don't have any further questions.
My only question is, is there any way to shrink it, or is that not an option?
Well, unfortunately, not with the RV of choice, there isn't much room to give there. That was kind of our deciding factor with the building size.
Right. All right.
We give us a second.
Okay. I'll make a motion to approve the variance as depicted in the survey, provided by the applicant, dated 2-24-26.
I'll second.
Vote to approve the variance as requested. All in favor, say aye. Aye. Aye. Your variance has passed. Sorry. Thank you. Mr. Bode, H3.
Yes, item H3. Claudia and Michael Canadastro request variance of Chapter 62, Article 6 of our county code for an accessory structure in an RR-1 zoning classification. Application is 26V00052. This is located in district.
Good afternoon. How are you?
Michael Canadastro, 2761 Michigan Street, Melbourne, Florida, 32904.
Do you swear to tell the truth, the whole truth, and nothing but the truth?
So I hope you got it.
Okay. What you got for us?
I'm just asking for a variance for a shed that's been there 40 years. I have no idea why they're asking me to move it or anything. Okay. That's pretty much it.
Nothing prompted this or a neighbor prompted this?
No. I'm doing an addition to the house, which is totally separate from the shed. And they came up and said, oh, you got this shed. It's too close to the line.
Okay. Okay. All right. Anything else? No.
Pretty easy.
Any questions, please? Hello again. Hey. I went and visited the site. That neighborhood is well maintained. Yeah. You're doing renovations to the house as well. This is to legitimize an existing condition. And from what I saw, there's a fence and a shed as well, if not hidden. Obviously, it's been there for a while without complaint so far.
No, I have no questions.
All right. If you'll step aside for a second. Let's see if anybody's opposing. Anyone here to oppose or approve? See none. Come on back.
No. Make a motion. Make a motion. 713. 713. I make a motion that we approve this zoning adjustment application based on the included survey dated July 13th, 2026.
I'll second that.
Vote to approve variance request. Thank you. Aye. Aye. Aye.
Thank you.
Your request has been approved.
And paperwork's in the mail.
Yeah, hook you up with it.
Okay.
Mr. Bote, we are flying through these. Can you please read us H-4 today?
Yes. H-4. Roberto E. Cato Acevedo. Mary Fernandez and Robert Cato Acevedo request the variance of Chapter 62, Article 6, Brevard County Code for offense in a TR-1 zoning classification. Application 26V00053. It's located in District 1.
Come on down.
Good afternoon. How are you? I'm fine. My name is Mary Fernandez, and I'm going to be translating for my husband, Roberto Cato too. Okay. I live in 360 Robbins Street, Cocoa, Florida, 32927.
Okay. And what is his address? His name, his address is the same. Okay. Raise your right hand. You swear to tell the truth, the whole truth and nothing but the truth? I swear. Okay. Yes, ma'am. What are we doing today? Dime.
Do you need him to speak more into the microphone or does he need to speak more into the microphone
or does it matter? She's translating. I'm going to translate.
Yeah, she's one of the owners there.
So she can translate? We don't have to hear him?
No. Okay.
Okay.
Okay. So we changed the fence once you go into the entrance on your left side. We changed the fence because the fence was broken. And then the neighbor wanted the fence for three feet and we put six feet because he's a sex offender and we have two granddaughters that go to our house. And that's why we put it six feet so we can put a tarp, the tarp that you put so they won't see to our house.
He didn't want it like that.
We paid her survey so they can measure the property and let us know where the fence go.
Is that it? So just for clarity for me, it was three feet and you made it six?
No, it wasn't three feet. He said it was three feet. But when we moved there, it was six already. Okay. Is there anything else? I will mask.
No. It's just a second.
Did you say you're going to put some sort of covering over the chain link fence?
Yeah. It's like a tarp. Like a tarp where you, for the fence.
I do notice on the survey though that you have a, if the survey is correct, that there's a shed that is half on and half off the property. It's not subject to this variance, I understand. Does, is that true?
He says that there's a shed that's close to the one that's in the back.
No, no, no. That's all for the right.
It's all straight. So when we moved there, it was like that. It was like that. Yes. I understand that.
Okay. Okay.
Can, can you just succinctly, you're, you're replacing the fence that is already there?
We, it's already replaced. And how come we replaced it? He didn't, he wanted it wood and we put chain link and we didn't know we needed a permit to change it to a chain link. Okay. And so he called cold, cold enforcement, but we paid the variance and we paid the fine already.
Okay. So you went from a wooden fence to a chain link fence, but it's the same height. It's the same height. All right. And it's in the same location. Yes. All right. Thank you. I, with the interpretation, it was not clear to me. Thank you.
I think the only thing I'm not clear on is, is it blocking view from side to side or is that what he's wanting or that's what you're wanting?
We're, we're wanting to, to put the, the, the tarp in between. The tarp so he won't look to our property because we had two granddaughters. Okay. And that's not the code variance. That's just what you're planning to do next. Yeah. That's what we're planning to do next.
Okay.
I don't have any additional questions, but if you'll step to the side for a second. Yeah. I don't know. We'll see if anybody else, anyone here to speak for or against seeing none, if you'll
come back and like to make a motion. Yeah. I'll make a motion that we approve the variance as, as requested and depicted on the survey dated 519, 519, 2026. Okay.
I second that. I make a motion to vote all in favor of passing the variance request. Say aye. Aye. Aye. Aye. Your request is granted. Thank you. Thank you.
Mr. Bode.
Mr. Bode, whenever you're ready. H5.
Yes. H5. Smith. Tema. Request three variances. Chapter 62. Article 6. LeVar County Code. For the lot width, lot depth, lot size. And the TR-1 zoning classification. Application 26B-00054, located in District 1.
Who is here to speak on behalf? No. Tema.
Post-point it to next month.
Okay. We're not seeing anyone here for this. Do we just table this until next month?
Madam Chair, when I make a motion that we table this application 5, next meeting, which is September? October. October 14th. 14th to October 14th.
I second that motion. Okay. Move the vote.
Yeah. Vote to table account number 26B-00054 until October 14th. Aye. Aye. Aye. Mr. Bode, H6.
Yes. Item H6, Miller Family Trust. Request two variances. Chapter 62. Article 6. LeVar County Code. For a doc and an EU-2 zoning classification. Application is 26B-00057. It's located in District 5.
Okay. Who's here to speak on behalf? Please come forward. Hi there. If I can get everyone that is planning on speaking's name and address, please.
My name is Jeremy Baker. My address is 2405 Abalone Avenue, Indy Atlantic, Florida.
Okay. And my name is Bill Miller. I'm at 3 Shoreview Lane in Indy Atlantic. Okay.
Carla Miller at 3 Shoreview Lane. Okay. You guys can raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes. Okay. All right. Who's up?
Um, I'm the contractor slash agent. Um, I've been working with the Miller family for a couple months. Um, they have a unique property at the end of a cul-de-sac in Indy Atlantic. Um, I've been here before over corner lots with you guys. Uh, they're our favorite. I'm sure.
Yeah.
Um, mine too. Um, basically, we requested a variance to build this single-family dock with a lift. Um, and it's, it's tight because of the, one, the projection into the canal. Um, if you wanted to bring a vessel in towards the end of the canal, the best way would be to, to go straight in, um, without blocking too much of the view. Um, and then also, uh, the neighboring dock to the west was already built. And so, the millers were trying to keep their vessel, the future vessel, away from that one coming in for docking. Um, it, it does get tight with our proposed design on the property to the south. Um, so we, we went through this variance process and just trying to figure it out. The millers have been great to work with. Um, we know that there's definitely a little bit of conflict with the neighboring property. Just now, we were trying to figure out a way to make it work. Um, so I guess we'll hopefully work together with the board, the millers, and whoever else has any objections to come to a good resolution here. So.
Okay. Anything else? Uh, no, I, other than, uh, we had modified the, uh, plan to kind of reduce the footprint. Uh, we initially were planning a U-shaped dock. We decided to make it an L-shaped dock and alleviate a roof, uh, to minimize the footprint and make it navigationable for everybody else on the canal. Um, and I, I think that's about it. You know, I'm open to any questions or what have you. I appreciate the opportunity to speak. Okay. You're good? Okay.
This is District 5.
This is yours? So, I did visit the site. I met with the, uh, applicants. Um, one thing I don't have in front of me, and we did some hand puppets, but do you have a diagram or something that shows the proposed dock shape, location, something?
I do.
I do.
You got your glasses?
Well, no, no. No. Put it under the projector there.
Oh, okay.
You will have to give, uh, that copy to the, uh...
It's a big property, but this is the dock. Um, you can see this dark line is the property edge, and it projects out into the canal 25 feet. Um, and so this, this is definitely the friction point of it all, is right there. Um, that, that gets pretty...
Is there a way to magnify that? Can you do that from...
Oh, yeah. Maybe that's a little bit better.
Yeah, it might be a little better. A little shiny.
This is, this is actually, this isn't the right one. That's the old one. Okay. We scooted it more. Okay. Um, yeah, this looks like it's got a zoom.
Can you put that other one back up?
No, here. It wasn't. Incorrect. It's incorrect. Here we go. We have the technology. Is that gonna focus? Sorry.
Maybe just a little down.
Oh, focus. Is that better at all?
That's good. We have it here, but it's just kind of...
Okay. Yeah, it's kind of hard, because you gotta pick everything to scale.
Can you use a pencil and just show the outline of where you intend the footprint to be?
Of the dock?
Yeah, just...
It's this. Okay. So that's really... But that, that would be it.
Where do you put the X? Is that a roof?
That would be a boat lift. Okay. No roof. No roof.
And the access is coming straight in off the canal?
Yeah, like you're basically these two corners, that corner and that corner is the water, and then it shoots west, straight shot to the... This... When you dock the boat... Oh, yeah. Here, this is a view of the property.
No, no, no. When you dock the boat, do you come in off the canal? Do you turn around and back in?
It would be straight in.
Okay, and then you'll back out, whatever way you have to turn. What's the size of your boat?
20 feet.
Okay.
Which we don't have right now, but possibly.
You plan to. Oh, is that roof?
There is no roof proposed. There is no roof at all.
Oh, the lift. Okay. So, there is no roof. It's just poles.
Yeah, the lift is field adjusted. Typically, I'll put them six and a half to seven feet above the deck, and so the deck would be three... Do you know how tall your seawall is off the water?
Gosh, I can... Is your deck level with the seawall?
It has to be. Yeah. Yeah, okay. So, it would be like three feet plus seven, so call it ten feet from the water line up, and the only thing, it's an aluminum beam that drops cables down to pick up the boat.
Very descriptive.
My only question is, I'm assuming the neighboring property with the lift covered area, are they entering from the canal, or are they having to come in towards your property to... No, they come in, in fact... They come in straight, or do they have to go in front of your property to...
They don't even have to come, they come in straight. Okay. I've got... Jeremy, I don't know if this helps.
Yeah, they come in straight on the canal, but what's kind of hard to see is they also have, like over in this area, the over here, is like a step-down section of the dock, and so the millers wanted to still give them access to it, but still not go too far into the other property. It's a tight spot to try and get a usable dock. Are we allowed to put a photo on here so you can see? So...
That's their dock? That's your neighbor?
There you go. Yeah. Okay.
And your property's on the right side?
Neighbor to the right of me. And you can see they pulled their boat in parallel to the sea wall. It goes back.
There you go.
Yeah.
They entered from the...
Yeah, so like this is the tight area right here that we're trying to avoid, and then same thing on the other side. It's narrow in there.
What are you experiencing as opposition?
Excuse me?
I mean, you obviously have modified what you originally would like to do to comply with everyone.
Just, you know, we basically, for aesthetic purposes, we thought it looks... Can you make sure you stick it to the mic? For aesthetic purposes, we thought it looked much nicer on the canal if we didn't have a roof. I've found half the docks on our canal have roofs, and half of them don't. And, you know, again, just to, for aesthetic purposes, not block anybody's view or things of that sort. Okay. And here's my neighbor's other property. Did they need that view? Well, when he stops doing that, I'll ask.
Okay.
Excuse me.
No. Go back.
I'm sorry.
The house that's to the right in the photograph. Correct. We're talking about the dock on the house to the left, was what you were just talking about, correct?
That has the boat dock? No, that's, there's only one between the two lots. I have the neighbor on the right and neighbor on the left. The neighbor on the right has that dock. The neighbor on the left has no dock. Correct.
Now, the one that has no dock whatsoever, this, is that going to, in any way, adversely impact the establishment of if they want to put in a dock?
I'm trying. You know, it would, we've tried to, we've tried to work with variants as far as that goes. I mean, if, here's my neighbor, they have no dock at the present time.
I understand they don't have a dock, but if they sell the house, I mean, that's coming out so far into the waterway that I just, I just don't see that there's any room for your neighbor to the right, to, looking at the picture, to put in any kind of a dock and if they sell, maybe the people that have it don't want one right now, but if they sell the house, those people might want to. And I'm just concerned that with this piece coming out so far, that it's going to impede your neighbor on the left or the right.
They're at the end of the cul-de-sac like I am. I see it. If they were to do a dock, they would have the identical issues that I have. No. They have another issue because you will have this extension out there. Right, but I mean, if they were to build a dock because their lot lines are perpendicular, whoever buys that and would like to accompany a dock would have to apply for a variance as well. I understand that. Yes.
But with this projection coming out this far, that certainly is going to be a restriction if anything, if the neighbor to the right wants to build or put in a dock.
And I'll let you talk to that point.
Yeah. The projection is basically because you can't come like side two with the vessel like most people on the canal entering can. They have, you know, 100 plus foot long lots. They build a sideways boat, a parallel to the seawall. They pull right in. And with this one, I mean, it would be a very small vessel that would be able to fit side two. If a neighbor were to build a dock on the property you're talking about, they would also be projecting probably more than that or equal to. You're trying to work with the vessel and still be able to get on the boat safely. The projection, I don't know how much opinions matter here. The projection doesn't seem to be the hardest part of this build. It's going to be that the setback into the seven and a half foot.
All right. So on the photo that you have up there, what part of this dock already exists and what
part are you trying to add to there is the whole thing being built? It would be a new build. There is a small dock that's already there.
Can you mark it with a pen so I can see what's already there?
It would basically be. I'm not sure exactly on the survey where it would be, but it's basically just a small little platform to stand on. It would be somewhere like right there.
So that's what you have?
Yeah. This is it.
Okay. That's what is existing right now. Correct. Okay. And then you can see my neighbor's seat. And your neighbor to the right, which I keep saying to the right, is just beyond that where the, where you have an L shape there. Right. So. Correct. All right. So now what you're doing is you are extending this dock out. How many further feet into the, into the waterway?
25 feet, so I've proposed. Well, from the seawall. Further than that dock, it would probably be, I think, about maybe 18 feet, about an eight feet beyond the various codes.
And what's the reason that you want to go out another 18 feet?
Just so we could get a boat in, you know, right now. So you can't put a boat in where it is? Unfortunately. Unfortunately, we can't. Why? Because of the zoning. If we were to put a boat right there, we're outside of the lot line. That's sort of thought.
You can see in the corner of this photo that, the fence of the neighboring property.
So it's kind of who gets done first, either you or the neighbor to the right? No, I don't.
I mean, I think, I don't think it's a.
I don't think, I mean, there's definitely ample room down there for both properties to be able to get two usable docks.
I have an additional question. The way you have it proposed currently, it looks like it's justified towards the center of the canal. And it sounds like you're doing that on behalf of the current dock in place to your neighbor so that their landing is, you know, still usable and whatnot. Is there not an option to pull it in?
Well, we were concerned about affecting navigation to the right of where my other neighbor's dock is presently.
Yeah, but if they pull in directly from the canal. Right. And you're pulling directly into your lift. Yeah. I mean, it might impede some of your view, I'm assuming, but it sounds like it would be easier to pull it, to tuck it this direction. And then, I mean, no one's going to be on that lower level entering the water at the same time you're loading your boat or taking off.
I mean, what do you think? I mean, I've got a little confused on what you're asking.
Well, you see you're landing right here, right? If I'm visualizing the template that you've given us, it looks like your boat's going to pull directly into that similar location, right? Your lift is going to be very similar if you were driving straight into it.
I think that's about 15, 18 feet off the property line, so it might be slightly further. From the center? Yeah, from the center.
Okay.
Yeah. So, should we? So, if we...
You mean it might be too far, or it might be too...
I would say this one, this dock here, is almost centered on the seawall. In order to get a boat in there, we had to extend it to the... We had to extend to the left, a little bit closer to the property line, to the setback. I think seven and a half, I think we're nine feet back, I believe, Jeremy?
Yeah, it's the opposite of what I'm saying. Starting at the wall. I'm saying bring it closer to your other property line.
Other property. Well, we didn't want to interfere with the existing dock that was there as well.
But there's no variance request for that, correct? I mean, you could tuck it in more.
Yeah.
Yeah. And there wouldn't be a need for variance.
No, but there'll be a projection.
There might be a projection variance, but it's not going to be as far into the canal.
Well, if we were to keep the dock the same length, it would be, we would be requesting further extension beyond the variance. Not into the center line. Oh, to the center line. Yes. I mean, we're as far as we can go to the center line right now. I realize that. If we were to move it the other way, then the variance request would be more to accommodate a boat.
But it would be accommodating an existing structure that's already in place versus an unknown and potentially eliminating whoever moves into the other home. Does that make sense?
Yeah, it makes perfect sense.
Okay. So there could be, in a world, where this could be shifted down and the dock could be minimized a bit to be able to accommodate the entry into the boat lift more in the center of your property versus projecting out into the middle of the canal.
Just for, in terms of the boat lift, yeah. There would be a section of, a six foot by ten foot section of the dock that we would, it would need to be eliminated because it wouldn't, they wouldn't be able to really do anything there. You could, but you'd have to play bumper boats, getting out with a small kayak or jet ski between this property to the, where that black aluminum fence is, which would be on the north side, or west side, I'm sorry.
The west side. Okay. So.
I think that is. And then do they need to see the neighborhood?
Does that make sense? Or is, do you understand what I'm asking?
I am understanding you. Yes, I am.
Has that not been an option or a conversation that you've had?
No, we've had that conversation. Okay. And had considered it. But, you know, I just went with Jeremy's suggestions as to what would be best for variance application.
Well, that would be best for variance application because it would be minimal. It's also a depth issue, too. Yeah. But if you're coming straight in.
Well, see what's, the center of the canal, we have a huge problem with regards to silt. The dark canal does not flush. And it can be a real issue trying to navigate. As you get closer to the center of the canal, it's deeper. When the canal was initially dredged, it was four feet on the sides and eight feet in the middle. Right now, there's days where the muck rises to the surface there. So, from a navigational standpoint, if it's going to be useful, it benefits us if it's closer to the center.
I understand.
Okay. I think that answers my question. Does this help within my neighbor's property line as well?
It's up to them.
Yeah. Is there anything else? Let's see.
Does this show up? Good luck. That was confusing me.
One more. I just wanted to show the neighbor's property line. That's the C law.
Yeah. That's the neighbor with no dock in place. Yeah, that's the neighbor with no dock. And what they would have to work with, I understand. Yeah. Okay.
But if you put up the other drawing that you had where you have your concept there, you can see how that comes out straight out into the waterway, and your abutting neighbor there is going to be doing the same thing.
We face the same issue.
Exactly. Do you happen to have a picture of the proximity of the west property? Like a physical picture like you were just showing? Of the west property? Like from your property looking at the west property?
That would be that overview one. I think it might be that one.
That one, but facing west.
That's this one. Okay, excuse me. That one, that one. Yeah, let's see this property right here.
Is there any way to find out if they needed a variance, if they got a variance for that particular dock?
For the existing dock? No, they didn't have one.
They didn't? So they're within their guidelines of like how far they're allowed out?
They would allow 20% of 110 feet.
Okay. And of course our... No, as far as how far they're projected into the canal.
Yeah, that's what he's saying. Because that's what they would be allowed to go out would be 20% of the 110 foot flat width.
So they're asking for an amount over that. Of course our situation is being over at the end of the cul-de-sac, the width issue. Exactly. Right, right. That's what we're up against.
Mm-hmm.
As is your neighbor. Exactly.
Exactly.
So it's first one in. Well, I mean, I'd welcome my neighbor to do the same thing.
So my only other question is on the sketch you have, is there ever a world where you just do the dock? Or sorry, just do the lift and then access to the lift for the dock? I know you want somewhat of a landing, but...
Explain that again. So you have almost like an L-shape, right?
Basically what we had talked about with doing the U-dock or something, like changing the configuration that we were talking about.
Yeah, if we absolutely had to. I mean, our optimal situation would be to be able to bring it straight in rather than trying to maneuver and affect navigation with my neighbor to the west. And, of course, you have the depth issue.
I think I got it. All right. Anything else?
Nothing, no, ma'am.
All right. You'll just step aside, and we'll see if you have some opposing. Anyone is here to speak for or against? Price is right. Come on down. Hello.
Hi, how are you?
Great. How are you doing? If you'll state both your names and addresses, please, for me.
My name is John McAllis. I live at 4 Shoreview Lane. This is my wife, Julie.
Julie McAllis, 4 Shoreview Lane. Okay. Do you guys swear to tell the truth, the whole truth, and nothing but the truth? Yes.
Yes. Okay. Now, ours. Okay. You gave an address, but where are you in relationship to this house? I'm the goddamn stock.
We are the neighbor.
You're...
We are the neighbor to the right. Without the dock. Correct. With dock plans for a number of years. Yes. Yes.
Okay.
Thank you.
So, if you look, exactly what you're saying. Uh-huh. Did you notice all the new pavers I just put in there? $16,000 worth of pavers?
We purchased the home about five years ago, and the home, unfortunately, was in shambles. So, we completely renovated it, lived there with our two young children, and have always wanted to do a dock. So, we'd approached our neighbors and said, you know what? Let's go together, kind of figure this out. Just make the best use of our water rights. Unfortunately, they did not contact us, and this is kind of where we're at.
So, our idea was just to come out and use the rights the way we should.
That kind of, like, center line is our property line that goes out with our rights. Correct. And we wanted to have seven and a half feet off of that, and kind of follow it with our pavers, and just have a cohesive design, so everyone would have space, not only our space, but our neighbors across the cul-de-sac, so their views of the water would not be blocked as well.
It's also, we have a concrete pipe here that I also paid for to get re-sleeved from, I guess, the county or whatever. And it's just a little bit of a safety issue here, too. That's, you know, that's close.
Okay.
But, do you have any questions?
You obviously haven't put this into permitting, correct?
No, I guess it'd be, I didn't know it was first come, first serve like that, huh?
No. We wanted to kind of work together with our neighbor and kind of figure something out.
Okay.
But that's your projected plan? No contractor hired? No anything like that?
We met with a couple contractors with our neighbor. Okay. And they went out on their own, because I guess they might have realized what was happening. Okay.
Bill has some questions.
Go for it, Bill.
So, the diagram that you're showing there, are you maintaining the seven and a half foot?
100%. Absolutely.
What is the practical use of the water between your proposed dock and his proposed dock, that wedge of water? Or what's the practical use of that area?
The practical use?
I would say safety.
Sure, safety is number one. But see that concrete pipe? Yeah. There's actually a lot of things that come out of that pipe, I guess. There's a water that comes out of there, because it's from our cul-de-sac. So, I'm just trying to keep that as open as possible.
They come to clean that out, too, I believe.
Aesthetically, it's also a thing, as well. How does this dual design block that pipe? I'm not sure. It just doesn't. I don't know if it does. But, aesthetically, maybe a little weird looking.
But your boat's going to go in the center of your two?
Correct.
That's it?
That's all you got?
That's all I got.
No, I have no questions. No questions?
Is there anything else?
I think that's it.
Okay. We'll see if there's anybody else. I know. Thank you. Thank you. Hi there. Hi. How are you? I'm well. How are you?
Good. Say your name and address, please, of course. My name is Dr. Amanda McKee. I live at Two Shore View Lane. I am the neighbor on the other side.
Okay.
With the dock. Can you raise your right hand for me? Yes, ma'am. Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes, ma'am.
Okay.
You're the one with the dock.
No, I am not. So, we live in a small cul-de-sac. There are only three houses. Let's see if I can get that. Okay. So, my house is this one over here. The subject property is... That doesn't help as much. The water is... You're across the waterway? Yes, ma'am. So, here... All right. Okay, okay.
So, you're directly across the waterway from the people with the dock, or the covered dock.
You're next door to the people with the dock. I'm next door to the applicant, correct. I am next door to the applicant. My house does not sit on the water. But our three houses are in the cul-de-sac. They are that horseshoe shape. The applicant is a horseshoe shape. And then, the previous speakers for Shoreview Lane is where all that brush is. This picture is an old picture, and so, it was from the MLS, and you can see when the house was in shambles before they redid it. I have another picture here. I'm not good at this.
I don't think anybody is.
It's kind of backwards. Okay. So, I know Ms. Bass had asked earlier if there was a picture... Dr. Bass. I'm sorry?
Dr. Bass.
Dr. Bass. I apologize. So, this picture right here, the pink is their existing dock, and then I had highlighted what the proposed dock would look like. My concerns are that, yes, it is a physical, unique shape, their lot, but as we've been discussing, four Shoreview Lane does have a unique shape as well. So, I do feel like this desire to build this oversized dock and possibly park their boat there is more so a personal preference, and I do think that a compliance structure can be built within the 20% width and seven and a half foot setback. Like I said, I've lived at my property for over nine years with my young family. I have four children, and that little dock has been there since we've lived there. So, this is another picture that I want to show. One more. This is the way I need to be. Sorry. Okay. So, this was a picture. Scoot it. Pull it. The other way. No. This way. No. No. This way. That way. This way. There. Okay. My spatial skills. Okay. I apologize. So, this is a picture that was posted on the flyer when we went to purchase a house. It's, you know, it was well touted that it's an obstructive water view, river view, you know, and that's what we bought into, you know, my husband, my four kids, we play in the cul-de-sac, we enjoy our view, we have, you know, rockers in the front, my kids have been growing up there, my eldest is in ninth grade right now at Mill High, he started kindergarten, I mean, this is, this is our forever home. Another thing I'm just very concerned about is just, just the overcrowding. I know we've discussed this already. The safety, my son's fish off of the seawall, and if there's all these boats and docks, it's, it's just going to be, it's going to be a lot. My, my kids also kayak, we have kayaks that we put out into the canal, and I just am asking the board to formally deny, um, the variances for case number 26V00057, um, what else do I want, it really just degrades my property value, um, and my view, the seven and a half foot setback and the 20 percent width rule are in place to preserve that clean, open water corridor, and, um, the integrity of our neighborhood, I mean, we have a very quaint, quiet neighborhood, people walk often, stop, and look at that view, um, and, and we love it, you know, but by pushing that eight, extra eight feet into the waterway and narrowing the side buffer, this structure will effectively wall off the open water view from my house, um, stripping my cul-de-sac house of this established waterfront view will, you know, immediately measurable negative impacts to the market value of my home. Um, I just have a couple more pictures, like I said, this is, this was another advertisement when I purchased my home, river view, this is from the upstairs bedroom, um, and I just am, you know, baffled that it's going to be taken away possibly, another picture, this is taken from my driveway, that is the existing dock that they already have, and if they add, I mean, it already looks quite big, it's small, our cul-de-sac is small, there's only three houses in our cul-de-sac, this is the existing structure currently, if we do this huge big L dock, I'm, I'm just afraid it's, it really is going to just ugly, ugly it down, for lack of a better word, um, so I think that's all I have, I had a lot of, a very rigid speech, but I think you, you get my point, and I, I do hope that you guys can deny these requests for variances, because it will, it will affect us all, um, and also just, you know, a communication thing, if the neighbors would approach and speak about it before just applying for variances behind, you know, closed doors, and, um, it's just been a interesting, uh, surprising process, and, yeah, yeah, I, I hope you will vote to deny the variances, thank you, thank you, great,
ma'am, hang on, I have questions, sure, um, can you put up that last picture, sure, okay, so here's my question, yes, sir, supposing we deny the application for the, um, variances, but they redesign the dock, and decide to put it in any way, which we have no more say in, or the neighbors put in, you're going to lose that view anyway, even without our action.
I want to hold on to it as best as I can, and I will, you know, have my, my opinion of, you know, right now I adore the waterfront view with my children, and, you know, it's, it's just my personal request. I hope you can understand that, um, that would change, um, it would change my house, it would change my life, it would, it would be tough. You don't have to answer this, but how old are your children? My children, I have four children, Midas is 14, Calix is about to turn 13, Misha is 10 years old, and then Coco, my baby, is turning eight on Saturday.
I ask that because you'd mentioned that they kayak, they fish. Correct. Um, correct. So I'm going to ask you a humanistic question. Yes, sir. If those docks go in, do you think that the owners would deny your, well, do they launch their kayaks and fish? You said they fish from this dock.
Um, we are, we are no longer able to use their dock. Um, when we first moved in, we were friendly, and they allowed us to use the dock, and then one day they told us that we've abused the right to use their dock, and we had only used it five times, I would say. So we do not go on their property. They've turned on sprinklers on my children. Um, so there's no relationship per se with, um, the neighbors. Um, so yes, my, my children will go and ask for Shoreview Lane if they can fish off of their seawall, if they can put kayaks out, and then the other, um, the dock to the west in the other cul-de-sac that they're not here today, but the one, the existing dock that we're talking about, they will let us get out of their, um, use their, their dock as well. And then, um, the adjacent neighbor to Four in the other cul-de-sac, they let us use their dock as well. So they're the only ones that do not let us use their dock, which is fine, which is fine. Everybody has their, their right, but. Okay. Thank you. You're
welcome. Thank you. Would you guys like to come back? Now, is there anyone else in opposition?
Okay. Would you like to come back up? Closing thoughts? Uh, as a contractor now, I have no
closing thoughts. Okay. Um, uh, as far as access to my property, excuse me, as far as access to my property. Um, I think they, they told me when they moved in, they were led to believe by their realtor that it was community property. Uh, there's a, a drainage easement there, and they were told by the realtor that they had access to the canal. We called the realtor prior to the sale of the home and said, could you please correct that in the ad and, and make sure your neighbors, uh, your, your client is aware of the situation. Um, and we did give people the right, uh, to use our dock for a time, but they have a tendency to entertain weekend after weekend. And it came to the point where we had people that we didn't even know just tying up to our dock and walking back and forth across our property. And we finally had to say, you know, could you please just respect the property lines? Okay. So did you move in prior to, or? Yeah, we've been there, I think, since 87, 1987. Okay. Any other? Okay.
We'll just have a discussion. Okay. Let me sit down for a second. I'll need to speak. You
need to make sure that everybody can hear you. Um, a couple things. I'm not concerned so much
with the projection into the waterway as to the center of the canal. Um, as they showed with, as the, um, the one neighbor with the proposed dock showed, they have plenty of access there to move their boats in and out. Um, troubled by the view issue, as I don't think that the, the desire to have those docks is, is great enough that things will get worked out and the view's going to go away anyway. And I, I understand the concern there, but I don't think that denying the, um, requested setback, um, setback is going to, um, save the view. Eventually the, the desire for docks and boats and things is going to overcome it. If we, if we denied every applicant because they didn't like the view of the dock, there would be no docks built at the Indian river lagoon. So those are, those are my thoughts. Um, those dock that we're addressing now is, um, is staying within the property line, just not within the easement or within the, uh, setbacks. So with all of that, I'm in favor of to make the motion. So the time comes, I'll make the motion to, uh, so I want to
make sure I'm clear. You're okay with it impeding six feet, 6.7 feet into the seven and a half foot
variance. Yes. In this situation. Okay. Because that water that's two docks is dead use. Nobody can
use it anyway. But you're also in agreement for the other requests for going further into the canal.
If it was side to side, that might be an issue, but these are the last two docks on the end of the canal. And so projecting out into the canal, into the canal itself doesn't impede other,
other traffic. Right. And if neighbor to this foreshore view goes to do, but he showed their dock. Right. They wouldn't need any variances. So you're saying that they're fine.
They wouldn't need a variance, but they also have access to pull their boat in. I think the size
of the dock that they're proposing could be reduced as they have, have talked about. And as it is, I think it causes a material reduction in the value of the existing abutting lands. Uh, I just think that it's oversized for that particular area. Uh, and there is an option to bring it back adversely impact. The abutting lands is the way I see it in, in the whole area there. And it doesn't have to be
out that far. Okay. Let's see. I make a motion to approve the application, um, based on the survey and, and diagram presented within that application survey dated. What is Texas? Uh, 728, 2026.
I can't, I can't approve it either. I feel like there's, I feel like there's resolution to be able to do some reduction to what you're asking for. So do I. So there's no second? No second. There is no second from me. I'm all for water rights. I don't think that, um, you not being able to pull your boat in is, um, fair, but I also do feel like there's some resolution that you could reduce your requests. Like there's so many options where you could do a pavered patio on your land to be able to have a place to stand or sit. Cause I think that's what your objective is by putting a dock along the seawall. Um, and you could do something similar to what the neighbor's doing, which is just an entry in and load the boat. Um, as far as for like the, the depth, I don't know anywhere in Brevard County that doesn't deal with the depth on a regular basis. I mean, we constantly have to dredge our own canal with our own hoses and in order to get our boat out cause the water's high or the water's low. So it's, I'm not saying that, you know, it's great. I'm just saying that it's, I don't think it's a reason and, and that difference of what you're asking for and where the boat's going to lie. If you move it over six feet, I don't think it's going to make a difference of whether you can actually use your boat or not. So, and I'm all for peace in the neighborhood. Unfortunately, I'm sorry. No. Um, so yes, I apologize. So if you want to come back and, or reduce it some and see something different, I think that we can certainly come to
a resolution there. So voting. Oh, well, there's no seconds of no vote. Right. So I'll make a motion.
I'd like to have, I talked to the attorney and it looks like two denials. We'd like to have another motion brought up for denial then. That's what I was going to do. Okay. Thank you.
I will make a motion to deny the variance, um, depicted in the survey dated 7 28 26. I second. Okay. The motion has been denied. No, no, we haven't voted. We haven't voted. I vote yes on my motion
to deny it. Aye. Okay. I vote against the motion. So it passed. The motion has not passed. So the motion to deny is passed by a vote of two to one. Correct. Motion to deny has passed by a vote of
two to one. Okay. All right. Next item. 8 7. Merritt Square Realty LLC. Merritt Square Nisum LLC. Request four variances of chapter 62, article nine, Brevard County code for signs in a BU-1 zoning classification. Application is 26V00058. This is located in district two.
Thank you, Mr. Bode. Who's here to speak on behalf?
Just state your name and address. Absolutely. Uh, Darren Taylor, 119 South Monroe Street in Tallahassee, Florida. And also Manny Piva, 1500 West Park Drive, Westboro, Massachusetts.
Okay. You guys raise your right hand. You guys swear to tell the truth, the whole truth and nothing
but the truth. I do. I do. Okay. Thank you, board members. Um, we have a brief presentation. There we go. I guess you guys would be working the, it's, it's up there. Okay. Uh, like I said, we have a very brief, uh, presentation. I don't know if you can see it, if you have to see it behind
you or, uh, in front of you. Um, but, uh, is it going to go there? We can turn around. We're not
afraid. Let's go. Uh, like I said, I'll be very brief, but, uh, we're here for seven brew and, uh, before you and go to the next slide. The, uh, we have is an aerial. Do I work it or do you guys? You do. I need to work it? Yes. Okay. Yeah, it's up on the other two. Oh, this is a recorder. Sorry.
No, there it is. Keyboard's underneath. Oh, okay. Thank you. Looks like Big Brother.
Here we go. Okay. Um, all technical difficulties addressed now. Uh, so, uh, what we have here is, this is an aerial Merritt Square Mall. And, uh, when, when we applied for, uh, our pre-application, uh, with staff, we were told that, uh, basically the, uh, Merritt Square Mall is, uh, under the code, it's considered cumulatively. So everything with the redevelopment of the mall, anything that comes in is going to have to seek a variance. So the, um, the Chick-fil-A that, uh, you see the, the building, uh, on the, uh, left-hand side, if I can use the cursor, maybe here we go. Uh, so the Chick-fil-A here came in about two years ago. That one had to receive variances from you in order to move forward. And so this is a redevelopment of the mall. So basically, you know, you're starting to see the development on the kind of the sea of parking. And, uh, this is Causeway Boulevard that you have here. And, uh, so what you're seeing are these kind of liner buildings that are being built up along the street. And so you have Chick-fil-A that's come in and, uh, we'll add in our site plan here. And so you see, this is a seven brew. I'm not sure if you're familiar with seven brew, but it's a coffee operation. It's a, okay. I'm sorry. Uh, Dr. Bass showing up. Oh, it's not. Here we are. Okay. Okay. Yes. Please, please correct me if, if you're not able to see something. So the, the seven brew, it's a, it's a small building, about 700 square feet. It's a drive through operation. So basically you drive in, someone takes your order, you go around to the other side, you pick up your order. There's no indoor seating or anything. And so, uh, with this design, the idea is that we wanted to build something that, uh, would fit very comparably with the Chick-fil-A. And so you have the seven brew here, you have the Chick-fil-A building here. And so the idea being that you're, you're seeing these buildings are essentially lining up, up against Causeway Boulevard as this redevelopment is occurring. And, uh, here are a couple of building elevations for, uh, the seven brew building. This is looking at the east and west side with the signage, which is why we're here today with the seven brew logo on the side. And then we have in the front of the building on the front face, you have the seven brew logo here. So this is an image you're looking toward the, uh, East you have on Causeway Boulevard, you have the Chick-fil-A building that has already been approved. You have the freestanding sign here and then overlaying the, uh, the new seven brew that we would be proposing something that's very comparable in size and signage, uh, of what you have with the front face building, a freestanding sign and the, uh, signage on the side of the building. Another view, this is showing the parking lot here and then bringing in the seven brew here. You know, this is a design we went last month. We went before the, uh, Merritt Island Redevelopment Authority. They, uh, approved unanimously this design. This is something that they, you know, that's part of their, uh, as far as their, uh, charge as far as to make sure development is, uh, tasteful and, uh, quality design. And so they were approved the, uh, both the, uh, site plan and variances requested. A few, uh, images with our, our site, uh, sign plan submittal. As I mentioned, the three signs that we're talking about for the variants, um, that you have the front signage and the side, uh, signage that, uh, has to be approved under the code as well as the freestanding sign along the roadway. There, that's the, uh, front face logo signage and then the signage that goes on each side. Once again, the front face and the side the freestanding sign. So the variances requested as a staff report mentioned, there are four variances that are required. The, uh, the two, the mall signage, uh, two of the, uh, variances are directly related to the fact that anything that has to be built in the mall in the future is going to have to come before you and seek approval in order to have anything built because of the, uh, cumulative, uh, I'd say overage that has occurred with, uh, with the mall. Uh, the first variance that I mentioned here, the encroachment, this is a variance that you approved for the Chick-fil-A and this allows for our signage to line up basically with the Chick-fil-A. So it'd be very, you know, symmetrical as you're going along the roadway. You're not seeing a staggering of the, uh, freestanding signs. And then the last variance is, is related because our front building is only, uh, your, your code. It's based upon frontage. And so it's such a small building that that front logo sign, um, exceeds, uh, what would be allowed for the front face, but it in no way is excessive. And certainly showing the image again, that this front logo isn't excessive as far as for the building or for the area, which was our goal in the first place, was to build something that was comparable and compatible with, uh, with the redevelopment that's occurring in the mall. And so, as I mentioned last month, we went before the redevelopment board and they unanimously approved the site plan and variances. I have, uh, Manny, uh, with me and we'd happy to try to answer any questions, uh, this board may have for us.
There's a couple of seven brews down near where I live on Palm Bay Road. Um, the signage is very similar to, I mean, it's just, this is a cookie cutter building, right? With the signage similar to all the ones that I've seen around. Yes, you're correct. There are prefabricated buildings stayed approved and they come right into the site. Okay. Yeah. So it's similar signage. Um, at first I was confused about this 150 square feet and the 2,600 square feet when all I saw was this little sign, but that's cumulative for the mall. Understand that now. That's correct, sir. The other thing is that, um, this setback of five feet from the 15 foot, there's about a 50 foot different distance from the edge of the road out to where that sign is going to be, you know, supposed to be 50 feet. You're asking for it to be 45. Uh, to put it in context, that's like the difference between here and the back wall and here in the back row of seats. So that five feet is really immaterial as far as safety is concerned for the, uh, the roadway. The main question was, this is basically the cookie cutter building signage that you use everywhere else. Okay.
I don't have any additional questions. Is there anyone here to speak for or against? Seeing none. Do you have any additional final comments or anything like that?
No, certainly happy to answer any questions you may have. Okay. Do I need to read the letter from the opposed? You need to make note of it. I, I would, I would just add, um, for the board, I did reach out to the person. I did not receive any response, but I attempted to reach out to the person when I noticed that there was a comment. That's correct. I sent them an email based upon
when I saw there was an email and they didn't come. I'd like to also mention that he did go
through Myra. Is that correct? Right. Yes, he did go through Myra. Want me to do it? It's my district and I don't think I can make a motion. Can I? I'll do it. Uh, I make a motion to approve the
four variances, uh, as depicted in the, um, plans dated 6, 1926. I'll second it. I'll second that motion.
Vote. A vote to approve the motion or the variance requested. All in favor say aye. Aye. Your request has passed. Thank you. Thank you. Mr. Bode, my favorite number, H8. Item H8, Bavar Construction
Company requests variance to Chapter 62, Article 6, Bavar County Code for a Swimming Pool and an EU zoning classification. Application is 26V00048. It's located in District 2. Perfect. Hello, sir. How are you
today? Good. What is your name and address, please, for the record? David Hicks, 1909 North Cocoa Boulevard, Cocoa, Florida 32922. Do you swear to tell the truth, the whole truth and nothing but the truth? I do. Okay. What you got for us? Um, so we built a new home on South Tropical Trail, 3115 South Tropical Trail. And on the original application, we showed a proposed area for a pool and went through with natural resources and Angie Cope in the whatever division she's in getting the requirements we would need to be able to put the pool in that location. And it was a 30% encroachment into the 25 foot riparian or lagoon protection district. So we got the household design basically built. Um, when we figured out that zoning is saying that we have to have a variance to do a pool inside the 25 feet, even though we meet the 30%. So the request is a variance to allow us not to exceed the 30%, but to comply with those requirements in the 25 foot setback. Okay. I'm assuming the pool has not been constructed
yet, correct? Who has not? No. Okay. Do you guys have any questions? I've lived here a long, long time and
South Tropical Trail is beautiful and people move in and it's difficult because of the shape of that little strip of land down there on South Tropical Trail. And the further south you get, the worse it gets. So I offer you my sympathy for what you've been trying to do. Okay.
Infused. Um, okay. So normally there would be a 25 foot setback from the property line next to the Indian River Lagoon.
From the river.
25 feet's the standard, right? Correct. A setback from your property line that's on the Indian River Lagoon.
It's, they don't measure it from the property line. They measure it from the edge of the, um, seawall setback. It's a 25 foot protection zone from what is the edge of the river.
Okay. Um, which is one agency, the natural resources or, you know, they, they want 25 feet from the river line. Zoning though, am I incorrect? The 25 feet is from the property line?
Hang on one second. Okay. Let me pull up the code. Okay. One of the things is this property has double frontage, has frontage on the road and has frontage on the river. You have a double frontage property on a major water body. You have to have all structures meet the front setback requirement. So the front setback requirement is 25 feet. So he's off the river is 25 feet.
And this variance puts him how many feet, Mr. Brody?
He's looking for a variance of 15, 15 feet from the 25 foot front setback. I, uh, double frontage setback.
So that's 40 feet total?
No. Okay. No. He's looking to be 10 feet off of the river water line.
Okay. Do you have an actual seawall? What is the river water line, the actual property line?
Yes. Hang on one. Let me read you that definition that we have.
I did misspeak. The 25 feet is from the property line, correct?
Yes. That's what they're, they're applying for.
Yes. Rear equals front.
Do you have a natural seawall or is it a concrete seawall? Do I have a natural seawall? Meaning like? Cocina.
Okay. That's good because it continues to shrink the land on South Tropical Trail.
To the edge of the pool, yes, the request is 12.87 feet. There are some decorative columns that are not part of the pool that are a couple feet further than that.
We'll up this section on the definitions.
Anything else?
He's going to read us the definition.
So frontage, the definition of frontage means the distance measured along road right away, which provides access to property or the distance measured along major water body. If the lot fronts both road right away and a major water body, the definition sets out under lot line double frontage. So when we go to dot line double frontage, it says that the, okay, here it is. Lot means a parcel of land shown on the recorded piece of land described in deed, recorded at official records, Boca County. The mean high water line of major natural water bodies will be used in computing lot size, density, and establishment of setbacks for waterfront property and tidal areas. The ordinary high water line shall be utilized in non-tidal areas. So that's what they're measuring off of for the setbacks is the ordinary high water line, which is shown on the survey.
Where they say river line, edge of water, that's considered that line, that water line?
Correct. There's a note just above it that says ordinary mean high water.
And then there's a 10-foot setback line that kind of wavers and follows that contour.
The 10-foot follows it and the 25-foot setback.
As opposed to the property line, it's following the water line. So we're saying 10-foot off of the water line, not particularly the property line. If the survey, it's showing straight lines.
The survey shows the edge of the water, and then it shows a 10-foot setback line. From the edge of the water. But it up right up against it. So he's right up against the 10 feet is what he's looking at. And he needs to be 25 feet by having a double frontage. So he's looking for 15 feet into the 25 foot.
Okay. Does that help? Yes. All right.
You guys have any additional questions?
Good.
If you can just step aside for a second and make sure no one's opposed. Anyone here opposing or for? No one. Come on back. It's my district. So would anyone like to make a motion? Yeah.
I make a motion that we approve the application as noted on the survey dated 8-13-2026.
I second that.
A vote to approve the variance as requested. All in favor, say aye. Aye. Aye. Thank you. Your variance has passed.
Appreciate your time.
Thank you.
Okay. There's our neighbors back there. We're done, right?
We're done.
This concludes the meeting for Board of Adjustments for September the 16th, 2026. Yay. Yay.