Please join me in the pledge. I pledge algiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisibley and justice for all.
This is the planning and zoning board planning agency. It's an advisory board which makes recommendations to the county commissioners who will make the final decisions on all these items. Item H6 is an LPA item.
Items on today's agenda will be heard by the county commission on December 11th, 2025 at 5:00 pm. When a motion ends in any kind of a split vote, a roll call vote may be taken to ensure accuracy.
As a reminder, each member who makes a motion or a second needs to turn their microphone on so that your voices on the record. Speakers for public comment on agenda items will be given three minutes. Please spell your last name for the record. At this time, if any board
member has had any exparte communication regarding any application, please disclose so now. >> I did on H5 on accident. So, uh, what I'll do is I'll abstain from that one. >> Uh, sir, you don't need to abstain. You
just need to make it noted on the record. >> Understood. >> I'm going to abstain anyway. >> Is that allowed? >> You're not allowed to abstain unless you're >> not allowed to abstain. Okay. Not underain unless you have a financial interest or some sort. No, sir. I don't. >> Yes, sir. Okay. As long as you make it
noted, that that's fine. Thank you. >> All right. Hearing that, I bring it back to the board for a motion for the approval of the PNZ minutes from October 13, 2025. >> Mr. Chairman, so moved. >> Second. >> Got a motion by Neil, a second by
Debbie. All those in favor say I. >> I. >> Any opposed? That passed unanimously. >> Yes, sir. Mr. John, >> I just wanted to say that um I think are is the staff using a recording to do this to um transcribe it directly from
the words that we use because there are words in here like um and some there were a couple of words I got them here somewhere. Anyway, I was just curious how that's done. Is it transcribed or we're using AI?
and administrative staff are using closed captioning to assist them with uh >> because it's picking up >> typing out the uh where is it? >> Okay. Item H1. Item H1. Alexis Raul and Rosemary
Estavis De Jesus request zoning classification change from BU1 with a binding development plan to BU-1 with removal of a binding development plan. It's application 25Z 0003
located at tax account number 20004581 in district 1. >> Sir, are you the applicant? Yes, sir. If you could state your name and address for the record and spell your last name, please sir. >> Alexis de Jesus, recited at 1900 Corbett
Road, Orlando, Florida 32826. Uh, last name Jesus D as in David as in Edward Jesus Jesus. >> All right. And a little bit about what you're wanting to do. I would like to remove the binding development plan, the BDP, and uh leave
it at B1 with the removal of the BDP. >> Yes, please. While you're right there, is there anyone in the audience want to speak for or against this item? All right, Mr. Isus, could you back up there and take a seat? We're going to
bring some public if sir if you could come up to the podium and state your name and spell your last name and address please sir. Yes sir. >> My name is Ed Scarosce. >> Can you get as close as you can? >> Ed Scarrosi.
I live at 3735 Arancha Road, Mims, Florida. Uh my property is directly south and east of um the applicants uh business
and and I do not uh at the moment oppose it. Um I they've been great. I I didn't know they moved until I saw the res excuse me reszoning thing. My question would be on the binding development plan.
If with the removal of that, is it possible to amend the binding development plan for future um if his request gets approved if the binding development plan can be amended? >> Yes. >> Is that
>> as long as it's retained? Correct. >> I believe the request is to remove the BDP. So that's the request before this board. If the board decides to uh add additional restrictions, then that will be done through a BDP. >> Okay. And I would do that at the county commission meeting or
>> we're just a recommendation board. The county commissioners are going to make the final decision on this. >> Yeah. Excuse my ignorance to the >> No, no problem. to the uh to the um statute because I originally
when it was reszoned um I think in 2007 I I uh wrote that binding development plan and it was in place for a convenience store and I believe that was my main thing if is if if it's changed to
business can it be changed back to convenience store can be changed to um what does it or is it just the current business model? >> He's asking to remove the BDP entirely. >> Okay. Okay.
>> So therefore, he could do what I'm over here. >> He could do with the property all the zoning that that goes along with that, right? So whatever he wants to use it for within that zoning, >> okay, >> he could use that with the removal of
the binding development plan. But it's possible to amend it or make a new binding development plan or >> that could be a suggestion by the board. >> Okay, I think that answers it. Thank you for your time. >> Okay, sir. Thank you.
>> Another question. >> Yeah. Does anyone else want to speak for against this item? >> Yes. My name is Paul Ross. >> Hold on one second. Mr. Paul, if you get to the microphone and if you would please spell your last name. >> Sure. Good afternoon. My name is Paul
Bromboy R O SS and I just wanted to say that I am in support of removing the BDP and allowing this to be a BU1 property. Thank you. Anybody else in the public have a comment? I'm going to close it for public comment then. Sir, if you could
come back up. We're going to close for any public comments. Bringing it back to the board. Do we have any questions for the applicant? I do. >> Yes, sir. Mr. John, >> what's the current use of that facility
now? >> Um, currently is for a grocery store, but there's a gas station across the street. I don't think it makes any sense putting >> No, no. What What is that building being used for right now? >> Uh, it's completely vacant right now at the time. >> It's vacant. Okay. What do you want to put in there?
>> Um, whatever the BU1 allows. I want to sell it to be honest. So, that's what it is. And it's trying to clear it out. is limiting my buyers because of the u the BU uh the BDP because uh a grocery store is there's not many people in Mims is
you know >> um the reason there's a circle K across the street I mean it doesn't make any sense >> okay so you are going to sell it so you don't know what it's going to be >> exactly correct >> okay because the the BDP that evidently this gentleman wrote
um didn't allow any alcohol to be sold on the or any drug paraphernalia. >> No, >> shaking your head. I mean, that's what it that's what it says. >> Oh, that >> that's the existing BDP says is that
they that it restricts it. So, they cannot sell alcoholic beverages or have any drug paraphernalia sold at that premises. Also, >> we're not going to sell any of that kind of stuff. >> But you don't know what it's going to be. You said you're going to sell it. Well,
it doesn't make any sense to selling alcohol when there's a gas station across the street that sells alcohol and beer and wine. >> But that particular property had been restricted in the last application >> back in 2007. >> Yeah. Well,
I sell cars for living, sir. I don't sell alcohol or drugs. >> Yeah, but you're not going to run the place. You're telling me that you're going to sell it. >> That's the plans, God willing. All right. Thank you, Mr. Chairman. >> Any other questions from the board?
>> I have a question for staff just for clarification. >> Um, if you took away the BDP, does that mean it could be like a bar, uh, ABC liquor, coin laundry, dry
cleaners, um, car wash, or any of those things? Is that what fits a B BU-1? >> So, currently the BDP only allows uses in BU1A, which are neighborhood retail type commu uses. So by removing the BDP,
you would be allowing everything BU1 would allow um such as automobile parts, automobile repairs, uh minor, uh automobile sales and storage, um
automobile tires and mufflers, new and sales, um new uh sales and service. um and contractor's offices, convenience stores with or without gas stations.
Um you can sell um package alcohol also in BU1 uh along with grocery stores, uh drug and sundry stores. Um, let's see.
>> Is with the package stores, but could it also be like an open bar like like an establishment of a bar? >> You can you can do restaurants in BU1 and of course, like I said, the sales of alcohol beverages packages only, but you could have a restaurant there or a bar.
Sure. >> Okay. I have a question. It says in the notes that the corridor would be anticipated to operate at 43.82% daily. However, staff has determined a
coffee shop like if they put a coffee shop in that would be, you know, one something that would be acceptable with the removal of the BDP and that would increase the corridor to operate at 146%
of capacity daily. So that's significant. very significant. >> And then I I have another question >> I have that there was some code enforcement um issues with this property. >> They're all satisfied, ma'am.
>> They've all been satisfied. >> Yes, ma'am. That's why we're here. >> Thank you. >> Thank you. >> Were you finished? >> I'm finished. >> Okay. So, what I'm hearing is we've got a BDP on the property
that the gentleman that owns the neighboring property sort of penned or authored and is okay with the way that it's operating now, but the whole spirit of it was in case that business type changes. And that's exactly what we
might expect when the property sells. So, I don't know if that's a good idea. when uh when that's what was agreed to when you what is this? You bought the property 2022 and then agreed to the BDP in 23.
Is that the timeline? >> I didn't agree to anything. It was already there. >> Oh, it was already on the property. Okay. I thought I thought I read something about 2023. >> The BDP was approved in 2007. >> 2007. Okay. But he did do a zoning verification letter where he was
notified of the BDP and the uses that were permitted on the property. >> Okay, understood. So there are some landscape barriers and such that are pro that are spelled out in that BDP that the
neighbor might like to keep in place if a different type of business is opened there in that location. So, um, that's what I'm reading. So, so I I would be in favor of it staying in place
>> for a grocery store. There's there's there's a Circle K across the street and it Mims has 30 people in it. It doesn't make no sense. >> It's got a lot more than 30 people in it. And it's not just a grocery store because for the last couple years there's been like how many businesses? 20 30 businesses operating out of that
building. the parking lot full of destroyed cars, right? So, I don't think it's been groceries. >> Well, that's that's what it's for there. The BDP is just for a grocery store. >> The gentleman who was previous owner had
a bunch of junk and cars and boats and that was all moved out. >> Nobody said anything about that. But since I go there and clean the place now, >> I get hammered, you know. >> So, how many businesses were running out of that location? >> A couple. A couple. A couple.
>> How many is a couple? >> Tire shop. >> More than 20. >> Car dealerships and >> auto repair body shops. >> They didn't get approved, sir. No, sir. >> Okay. I never saw that parking lot empty in the last couple years. Maybe since code
enforcement. Um, >> isn't that good? I mean, through business. >> Well, when I say empty, it was full of wrecked vehicles. So, I don't think it was a grocery store. Somebody was doing something out of there. It wasn't a grocery store. That's all I'm saying. >> Okay, good. >> Miss Ruth.
>> Um, just when everybody's done. >> Any other questions for the applicant? >> I'll move to deny. >> I'll second. >> We have a motion by John, a second I'm sorry, who second? A second by Ruth to deny. All those in favor say I.
>> I. Any opposed? >> Opposed. That got denied, sir. >> Okay, no problem. >> Item H2. >> Item H2. Thomas Dawn request variance
classification change from RR-1 to AU. Uh application is 25Z 00000024 and located at district 1. >> Sir, if you could state your name and address for the record and please spell your last name.
>> Thomas Dane, D Ahn. My address is 3131 LL Road, M. >> And a little bit about what you're wanting to do. Um, we just want to we bought an extra acre of land and attached it to combined it with the current property and we want to farm it
and sell produce from it to individuals fresh farm to table. All right. While you're right there, sir, is there anyone in the audience want to speak for or against this item? >> All right. I'm going to close item H2 for public comment. We'll bring it back
to the board. We got any questions for the applicant? Uh yes, Mr. Chairman. Um the property that you own currently, um is it how is it zoned? >> R1. >> Okay. So, you want to change the new property that you bought to be able to >> So, the original property was 1.78 acres
and we added another acre to it. We've already combined that and done all of that. So, it's now >> all combined in one property and you want to change from the R1 to the AU. Correct. Okay. I just wanted to understand. Thank you. >> Sure. Uh sir, uh you're going to uh how are you going to get your produce to the
customers? Are you going to be trucking it out of there or are they going to be driving up? you going to have a stand in front of the property or >> um not 100% sure on that yet, but um my wife and I have just talked about wanting to do this and we noticed the first step we couldn't we couldn't run a
commercial agricultural business from the property without it being zoned AU. So that was the first our first hurdle. But no, I mean I don't think be large it's an acre of property, so we're not going to have semi-truckss coming in loading stuff up. Uh, and I think you
mentioned that you want to do organic farming. >> We do. >> And how are you going to protect your crops from sprays from your neighbors when they fertilize and kill bugs and stuff like that? >> That's a good question. >> I I I'm not I don't need an answer. I'm
just letting you know that I think that's a concern. >> Okay. >> Uh because I know that I don't really care too much about what my neighbors are doing when I put my fertilizer out. I I don't deliberately spray on it, but
sometimes it happens. >> Uh it does seem to me that this is like putting a uh a business in the middle of a residential neighborhood. U you are surrounded by a lot of residents there.
>> There's a lot of AU right that surrounds me as well. So >> Mr. Ron, can you get a little bit closer to your mic, please, sir? >> Sorry. Uh, I'm not exactly opposed, but I just think don't think it's a good idea. Uh,
I'd just rather like to hear from some of the other board members about what they think. >> Okay. >> I've May I? >> Yes, sir. >> I've seen a lot of uh folks trying to go the opposite direction, AU to RR1, and
uh, as a person who lives in that area, I I like to see it going the other way once in a while. So >> I appreciate >> I I will be in support of your application. >> Thank you. >> As long as you don't do a grocery store. >> Yes, Ruth, please.
>> I I would like to point out there are quite a few agurism businesses in that area. Um the closest just I would guesstimate less than a mile away would be sleds. They do a sunflower maze and uh you pick various times through the
year, but there's peaches. um peach you pick blackberry you pick through there there's a ton of aggro agro tourism in there um it's a great way to bring um aggra agriculture agree >> and supplement the income because agriculture doesn't pay the bills
>> agreed >> and so it's really my understanding would be like um you know just selling farm produce you know what are your produce right in front of your house people would pull up and there would be ample parking on your property property for them.
>> Okay. All right. So, just a neighborhood service more than a business. >> Okay. >> Can I make a motion to approve? >> No, I want to talk. >> Hold on one second, Ruth. Yes. >> John, go ahead.
>> Where are you going to plant? To the east of your house that's on that property. >> Um, are you looking at a picture of the layout? So, can you see the the acre that we purchased kind of hangs down to the
north? I guess it points north. So, the original property is like a long rectangle and then there's a Can I show you? >> Yeah. Um, the design that that I see on the lot here is this.
>> Yep. So, >> Sure. >> So, it will be this right here. Okay. >> Um, if you're going to speak, you need to speak into the microphone so we can pick it up while we're recording. >> So, I'm right. It's on the east side that you're going to uh do the farming.
>> Northeast. Yes. >> Okay. And that's also where you're going to put the um the little roadside stand. >> Mhm. >> So, where you going to put the parking? >> Well, there's I think 140 ft of road frontage there
on Lo. Uh, I'll tell you exactly. 140 feet. You're correct. So, it's going to be a small farm. >> Yeah. Oh, yeah. >> Okay. So, you'll be able to put every because you can't park on the road, >> right? No. >> So, people are going to have to come in.
Okay. And um and you're just going to farm in that little section there, >> right? >> Okay. All right. Anything good? Any good veggies or what? >> That's my >> No animals, right? You're not going >> No animals. >> No animals. Okay. All right. Thank you, Mr. Chairman. Okay, Miss Ruth,
>> I'd like to motion to approve. >> Second. >> Second. >> I don't know. Was Erica first or we got a motion by Ruth, a second? >> Jared. >> By Jared. All those in favor say I. >> I. >> Any opposed? That passed unanimously.
>> Thank you. >> Do I need to remain for anything? >> No, sir. You're good to go. >> Item H3. Item H3, Dick Holdings LLC requests a CUP for a private helport in
an AU zoning classification. This is application 25Z 00033 located in district 2. >> Mr. Vahed, >> good afternoon. My name is Vahit Timmori Associate. My office is at 32 East New
Haven Avenue, Melbourne. Uh we started this project a few years back. Uh we needed to reszone the property, actually downzone it from B1 to what it
is today in order to be able to get a helipad and we had to build a house and so this becomes an accessory to the the property and there's a lot of improvement made to the property. It was an uh ignored
uh orange groves and I believe my client since he bought it, he's been doing a lot of cleaning, a lot of uh replanting and basically he bought this for recreation and that's what he uses it for. There's uh there's a lot of improvements made to the property as
well as drainage is uh resurrected the pumps and basically pumps that as everybody knows Merit Island is is big issue as far as uh flooding is concerned there and uh he's been doing that a lot to basically pump water out when the
flooding comes in. He's replanted a lot of trees and basically what he wants to use this for, he has FH FAA approval already, but he wants to use this for his uh helicopter that they basically um
acquired and he can't really h have a hanger in the airport because of how busy they are and what have you. He's been tried he's tried that for about 10 years. Uh basically what he does, he lands it
there. is for his own use and giving rights to his neighbors and friends and is not a commercial operation at all. It's a brand new aircraft is very quiet and meets all the setback is basically is going to go right in the middle of that property that he acquired
additional 30 acres since two years ago three years ago and that's also zone agriculture. We had our meeting last Thursday I believe at Merit Island local agencies. Yes, we got some paperwork on it. >> A lot of folks were in support of it and
those that they weren't quite familiar with it, they got really >> island passed it. Correct. >> Well, yes. Yes, he did. He's also here in the audience and he can elaborate on operation, how he lands it, what he plans for it, and if any any questions
that you might have as far as the um anything related to helipad. >> Okay, Mr. to while you're right there. Is there anyone in the audience want to speak for or against this item? >> Sir, if you could come up and state your name and address and spell your last
name for the record. >> Yes. Franklin Bean 331 O Ban 331 Treasure Lagoon Lane, North Merid Island. And I'm in support of this. Uh first off,
uh as far as Noah's ordinance goes, it's not a turbine. It's not a jet engine. It uses engine very similar to what a Cessna or something use. It's basically that type of engine. Very quiet and it's new. So it's meeting you more noise ordinances. Another thing that I brought
up in the other meeting is because this is an FAA established helellipad, uh medevac, any emergency service would know that he helipad exists. And yes, they can land anywhere where there's flat ground, but if you got a choice, a known helipad would definitely be much
safer. So, there's kind of a side benefit. And uh he's already stated that it's only for personal use. No commercial. There's a lot of hoops you'd have to jump through to be commercial on the FAA side, much less over here on this side. So,
>> okay. uh he's a good citizen and helping out with the possible, you know, the trying to avoid some of the flooding on North Merid Island. I know it's not part of this exact thing, but uh anyway, I'm in support of it. >> All right. Thank you, sir. >> Thank you. >> Anyone else want to speak for against
this item? Then I'll close it for public comment. Mr. Ve, could you come back up to the podium there? >> Do we have any questions? >> Yes. Mr. Henry, >> I'm going to ask you a question.
To the best of your knowledge, have you ever seen a any kind of a helicopter permit for the entire length of Merit Island from down at the Dragon North to what now is the space center?
>> I have not. there. You have no knowledge of ever seen in one >> other than Merit Island International Airport. >> Correct. >> That's the only place. >> Okay. >> I I believe there is >> Yeah,
>> there is another I I refer to my client. He has more knowledge of that. That's more appropriate question for him if I can ask him to answer that question. >> To the best of my knowledge, I probably have as much knowledge of Merid own as your friend. >> Okay. But I'm going to tell you this has never been one.
It's it's disturbing to another side of of Merit Island and it's just real easy. But what happens to this board if we make uh a massive subdivision change and then there is one there.
They were quickly pointed out to us that, hey, you cause that subdivision. I take a beating because I've been there so long. So, I get to hear it all from all those people. Uh,
and now if we say, "Well, let's just let one helicopter in." Let me assure you, with SpaceX sitting on all over us, they're on both sides of me, I see more Teslas there than at the dealership.
That's coming next. And I'm I'm not going to support this at all. I'm disappointed in the HOA. You can say whatever you want about it, but for them to they never support anything and for once they finally supported something
and they ought to change their name to the homeowners association to the helicopter organization association because it it's just they never support anything. So, I'm massively along with so many people in our neighborhood
against it. That's all. >> Any other comments from the board to the applicant? >> Uh, yes. I I had a couple questions for you. >> Yes, sir. >> Uh, does uh the owner have a private pilot's
license? >> Let me defer to him. He'll let him answer those questions if I can. >> Sir, you've got to state your name and address here for the record and please spell your last name. >> My name is uh Evan Dick. Last name is Dick Dix. And uh yes, I have uh I
actually have an ATP pilot's license. So, um but I'm only private pilot for helicopter. I keep my fixed wing in Merit Island, but I'm very experienced and I I understand your your concern in that I am very familiar with the HO the homeowners association in North Merit
Island denying everything. Um I think the reason why they approved this is cuz it's not like there's going to be a lot of other helports. I need I have 50 acres. There's not that many places where you can have 50 acres. You need 1,000 foot by,000 foot to be able to get the 500t setbacks in the in the center. So you have to accumulate a pretty large
property. That's why there there are no other ones. Um, I believe Bvard County is the only county that has restrictions on on helicopters because other counties they just defer to the FAA, which I've had for I've had approval for a year and a half now and I have my um I have the
number. There's actually no laws like if what's the enforcement of landing a helicopter because the FAA says if you own the property you can land on it. Um there's I don't even know in Merit Island I have been landing on this property for the last year and a half. I fly twice a month, usually on
Wednesdays, and I no none of the neighbors have even noticed because with as size of property I have, I don't even begin my descent till I'm over my property. I descend, I land in the center of it. Nobody's had any complaints, and everybody kind of likes the idea that this is 50 acres that's not going to be developed because I'm
using it privately just for me and my family and my friends and a lot of the neighbors that I'm friendly with to give rides and and and and uh uh there's not going to be 50 houses there. I actually went the other direction of taking something that was zoned non-aggriculture and turned it to
agriculture and I'm planting trees there. And I just bought another 21 acres and I'm doing exactly the same thing. That was actually had a business plan for residential and I'm making it agricultural. Just planted uh 500 more mango trees there. So, um I'm happy to
answer any questions, but um I I think people hear the word helport and they're very much against it, but I'm trying to um and like be said, I would have I could have done this at an airport except that I've been trying to build a hanger um at either Titusville or Merit
Island Airport for ages because I have certain constraints. It has not gone anywhere. So, I do rent a hanger uh an existing hanger in Merit Island, but there are power lines. I can't get a helicopter safely there and I need to land on a dolly because it's not like you can push your helicopter around. It
needs to land on a dolly and pull it in. So, it's just it's not practical to be there. I have temporary storage for this because I started this process almost 3 years ago and I wasn't um I didn't I thought I would I ordered the helicopter. I thought I would be able to
have a place to to land it by the time I had approval. I've had temporary storage in Titusville at the USATS ramp, but that was just sold to a Eastern European company and they're putting in light support. They're constructing light support aircraft there. So, I had no place except for outside to keep a helicopter in a brand new helicopter
kept outside becomes less safe because of the saltwater corrosion. Um, but I'm happy to answer any any specific questions. >> Yeah, back to my question. U, isn't there another requirement besides just a private pilot license to fly that
particular helicopter? Yes, I have that. >> The uh SAR number 7. >> Absolutely. You're very familiar. That SAR uh goes away after 200 hours. And I have over 200 hours of helicopter. Oh, >> okay. >> And and about 5,000 hours of other aircraft. >> And you've had more than 50 hours of
flight time in the particular model of >> all my almost all my 200 hours is in that R44. Okay. In that type of aircraft. That's why I bought it. >> Uh now you you can't fuel it at this site. OB I definitely cannot I understand. >> Where where you going to be doing the
fueling? >> Titusville and Merit Island. Usually Titusville because they have a fuel truck. Merit Island uh is a little less reliable, but it'll be one of those two places. >> I have an account with both. >> Okay. Uh and related to your property, it's a lot quite a large property, but
uh I was just thinking what kind of security do you have for the for the copter itself? Seems like that would be a inviting target for some uh youngster to say, "I'm gonna go try and see if I can fly that." >> Well, it's going to be stored inside.
I've already built um the residence has a uh it's basically a very tall RV garage, very large RV garage, and the helicopter lands on a trailer. And I I already bought the uh the golf cart that will tow it into the uh the hanger. Okay? >> So, everything's already built. That's
why this and I have millions of dollars invested and then I I was very nervous when people were uh um thinking about denying that. I don't even know what it really means though to deny it because it's what is a helport. It's just something that was written in
the county county rules and I want to follow all the rules. >> But I'm not breaking any law to land on my own property. >> I've heard some concern about it being loud and I did some research on that. uh it's about 100 dB if you're next to it. >> But if you're but if you're 500 feet
away, which is where you normally fly, it's only about 66, which is 66 is like an average conversation. >> So another thing I've used on this property, >> I don't think the noise, you know, really is a is a concern. >> My son does motocross and I have a a a
little track for him and that motor the motorcycle is much louder and I haven't heard any complaints. and neighbors both to the south and to the north of me um shoot guns. So I think >> that that was all I had.
>> I have a question for staff. Is there an acreage that's required in amount of acreage in order to have a helport on your property? >> It's a th00and by,000 minimum if you had everything perfect. I don't know what how many acres >> that's a step that's a requirement for
helport. That's you your county has a 500 foot setbacks so you have to be 500 foot from everything. >> That's what I wanted to know. Okay. Thank you. >> Erica, are you are you done? >> I am done. >> Okay. Miss Debbie,
>> so explain to me. First of all, I think this is I have no problem with this. Just just abide by everything that you said. I actually think that you um have made a point of doing the right thing by the community and and making sure that you have enough land to be able to do
this. But I just want everybody out here and and at home to understand you're going to be taking off and then going straight up and then when you come down, you're going straight down. So it's not as if you're going to be impacting any existing residents around you. >> I won't be flying any lower over those residences that I than any other
helicopter that happens to fly over there. >> So you probably already do that. >> I I have been doing this for a year and a half. Nothing's going to change between what I've been doing for the last year and a half. Like I said, there's no rule against no laws against me landing, but you guys, you could the county could come up with a law against it. And that's why I'm going through this process.
>> Absolutely. No, I I think this is a great idea. I don't have any problems with it whatsoever. >> And half the people I've given rides to are are neighbors of North Merit Island residents. >> Mr. Chair, >> one second, Mr. John. Yes, Lee. >> To answer uh Miss Erica's question,
there is no acreage requirement, but there is a requirement 500 ft from every property line. >> So therefore, we're setting a precedent. If we say, okay, if we say go ahead and build this tele, you know, helport, we're we are setting
a precedent. >> How many other properties have that size footprint? >> They don't, but they don't require that size. staff just said they don't require the size of property that you have. >> Uh I pretty much have the the what I
started this permit with. >> Yeah, it's about I mean 20 20 some acres is the minimum for to have a th00and by,000. I can't do the math exactly but >> Okay. >> I mean what is okay >> 1,000 foot by,000 foot is around 20 some acres. >> Okay.
>> Yes, >> Debbie or John. >> Yes. Uh, are you going to harden the pad? >> Right now, I'm actually planning to just continue to land on the grass. So, there I'm not even asking to construct anything, but I want to leave that as an option. I'm not not harden it. It just uh pave it like put a driveway
>> like >> to get to it. >> So, so when you trail it back to >> Yeah. Just so that I bought a 4x4 golf cart, but it might be nicer to have a smoother path to bring it. >> Okay. Yeah. I I noticed in your documentation that you were going to put
an H on it. That's why I was asking if you were going to harden it. Putting it on the grass. It's going to have to be painted. >> Yeah, exactly. I I actually have to paint lines every time I land because to land on the dolly, I don't want to be looking down. I want to be looking straight ahead. So, I have a painted
line in the grass. But yeah, that's that is something I'm considering. But obviously, the first step is to get approval to have everything for the county set. And then whether I I make it a harder in a little 20 by 20 or uh area and then put a driveway in. I'm not sure. >> You going to put any lights out there?
>> No. If you look at the ordinances, I'm not allowed to land at night. I'm not allowed to fly more than twice a day. Um tw I think it's I don't know. >> Twice a month. I I saw >> I fly I fly twice a month, but the actual um somebody spent a lot of time putting
in the county a whole list of rules for the for the helport, but you're right that there aren't many that that are out there. And the and their other attempt in Merit Island was Dr. Nyazi, but he lives in a a oneacre plot, so he could never get the satisfy the setbacks. So he tried to do it without having any
setbacks. >> Um I live just north of you. Oh. and I drive by your I always wondered what was in that building there because all I saw was garage doors. Um what it's that pad is going to be pretty
close to Courtney Boulevard. >> It's 500 and more than 500t away. >> Not my point. Uh my point is that when you're landing or taking off, you might become a distraction for the drivers. Let me finish, please. Um would you be
willing to plant a row of trees between your pad and the road? >> I'd be happy to plant whatever you'd suggest. We we were think there is requirement of a barrier but we were thinking as we plant more of trees like our and our trees grow the mangro trees we just planted 500 more that will
become a natural a natural barrier but if there's any recommendation for me to plant additional trees I'm happy to do so and I'm also happy if you live in North Merit Island to give you a ride and you can see for yourself. That was my my next question was it said in the application that you give rides to your family and friends. How many friends do you have?
>> Um not enough. I actually I'd say I fly a lot of the time solo just to stay stay current. So I'm always happy to give rides because I'm I and one of the rides I help the police looking for downed aircraft because I was just flying for currency reasons um every at twice a
month and um and they needed help. So it was uh fun to do. So, I'm I'm I'm just doing this for for recreation. I'm happy to take take people for a rides um for this Glenn uh um Blue Origin launch, the New Glenn 2. I took uh seven astronauts
who are visiting from out of town and out of the country, just tours to go see the uh the launch pad from the air. And to about Courtney's distraction, I will never get anywhere. I will never go pretty much east of where I am because there's actually restricted airspace
along Courtney. So everything to the east of Kourtney um is restricted and no no aircraft aside from NASA's can fly there. So I'll always be coming from um the west and the southwest. >> Okay. U I was just worried about the distraction that a helicopter taking off
and landing as the traffic goes by people will you know tend to look at it. That's why I'm looking for a buffer. Would you be willing to sign a BDP to do that >> to um >> to have to plant a a a tree barrier buffer? >> Uh I guess so. Um but I've already been
planting there is Are you familiar with the all the trees that have been planted there? >> Yeah, but they're you know they're pretty far between. >> Yeah. Well, we need to see space for as as they're growing. So, we've planted the the most recent. So, we did 500 last year and another 500 this year. Those are Valencia um mangroves, the Valencia,
which are going to grow the fastest and they're going to be 20 foot tall. If you look in the back of Eric Marlo's property, you can see how big those Valencia are going to be in in a year or two. Um to try to get something that's about the fastest growing tree for that area, to try to plant something that's
going to be a similar height to that and grow that fast, I I don't know. Um, I don't know what what I would actually do, but um, I'm happy to show you and take any advice. The I'm employing um, the person who planted the orange grove
originally uh, 30 years ago. Um, uh, he's my property manager. he works full-time there and he's been planting the trees and I'm happy to take your or his advice on on how we can get more growth um beforehand, but you'd have to
have pretty you'd have to have like really high trees and you don't really want high trees for safety reasons when you're flying a helicopter around. In fact, one of the things I'm doing right now is removing the power line um which is costing over $100,000 just to the power line to that pump. the pump is serving not just my house, it's serving
all the the houses around me and I don't want that pump to ever go down, but I also don't want to have power lines there because it's just um distraction. Yeah. Um and I want trees, but I I 20 foot or so is about as high
as I'd probably >> That would be sufficient. >> Yeah. So, I think what I have there right now, what I've just including the stuff that I just planted that might look small, look at the ones that we planted last year and see how much bigger they are. I think it's just going to be a a year or two and you're gonna see a lot more vegetation between the
road and and where where I will be landing. >> Okay. Thank you. >> Thank you, Mr. Chairman. >> All right, Mr. Robert. >> So, um, you're doing a public service. You're doing everything everything that we think we
can think of to badger you with, you've already you've already thought of and and are doing it. um you don't have to get this approval, but you're going for it. Um just to be a nice guy. I don't understand any reticence from this board
to not give him approval for a health which and then just like we said, uh emergency services and the sheriff and they can use your helellipads. If there's no helellipads in Merit Island, for goodness sakes, why isn't there? And if the drawbridge were to break,
>> which has happened in the past, >> I I think Merit Island has grown up enough to have a helellipad. >> We're big boys now. >> Okay. Any other questions from the board to the applicant? >> I'd like to make a motion to approve.
>> Second. >> Got a motion by Debbie, a second by John on items H3. All those in favor say I. >> I. >> Any opposed? >> Yes. >> That passed almost unanimously.
>> Thank you. >> All right. Thank you, sir. >> Okay. Item H4. >> Yes. Item H4, Robert E. and Leslie Bishop request zoning classification change from RU-1-7 to SR. This tax is located at uh
district 3. Application number is 25Z00000034. >> Hi, my name is Leslie Bishop, 9200 Tucker Street, MCO, Florida 32976. And Robert Bishop passed away last year. >> I have his desk. >> And ma'am, a little bit about what
you're wanting to do there. >> Yeah. So, uh, I'm in a my the house I grew up in a in 1952 house and it's old structure and I'm I'm building a solid I want to add on. There was an old like Florida room, you know, with the jealousy windows and it was leaking. So,
I had that torn down and I just want to build a solid structure room basically. It's not It's a little bit bigger. It's I want to say maybe a couple feet wider, but my property is huge and there's plenty of room and that's it. just trying to build a room, you know, cement
block versus Sears and Robot sprayed foam foam roof. >> And then when I went to build, I didn't, you know, I didn't realize, you know, from years ago, I guess my parents never I don't know. I wasn't >> had to get it reszoneed.
>> Yeah. >> Okay. While you're right there, is anyone in the audience want to speak for or against this item? All right. Seeing that, I bring it back to the board. Do we have any questions for her? >> Move for approval.
>> Second. >> Item H4. Got a motion by Debbie, a second by Jared. All those in favor say I. >> I. >> Any opposed? >> That passed unanimously. Thank you. I made the second. If you want to correct the minutes, I made the second.
>> I'm sorry. I said Jared second. It was Neil. That's it. >> Thank you. >> Thank you. Do how do should does my husband How do I do I get his do I keep his name on the house or how does all like where do I go to for that since he
passed away? >> Whatever whoever was handling your estate or whatever you're doing there, I would get with them. >> Oh, okay. All right. >> I'm I'm looking at it right here and it says Lesie Bishop. That's the only name >> it does that I see >> because on that zoning sign that they had out front of my house, it says
Robert and Leslie Bishop >> on the appraisal district, it just has your name. >> Oh, okay. All right. Thank you guys. >> Thank you. Item H5. >> Yes. Item H5, Sandra Walsh and Terry,
Canada request zoning classification change from AU to RR-1 is uh application 25Z 000036 located in district 1. >> Hi, good afternoon. I'm Monica
Pritchard. P R I T C H A R D from Goldman, Monahan, Thacker in Betine and I represent Miss Sandra Walsh and Miss Terry Canannada and they would like to go from AU to RR-1.
Um, Miss Walsh lives next door and I know that you've had previous conversation. You just said that um Mr. Atkins. So her and her husband own the house next door. her mom, Miss Terry and Miss Andrew's mom passed away on the
neighboring lot and they inherited that property and they intend they want to put a flag lot there eventually, but they intend to just keep it as family property between the two lots and they would just like the ability to possibly develop it in the future, but they have
no intention of developing it right now. I think there's currently even a septic moratorum. Um, and I'm happy to answer any questions, but there's nothing exciting going on there. >> Okay. While you're right there, ma'am, does anyone in the audience want to
speak for or against this item? >> All right. Seeing that, I'm going to close it for public comment. Bring it back to the board. We have any questions for the applicant, >> Mr. Chair? >> Yes, sir. John. >> Yes. Uh, just a quick one. um the
existing property that the Walshes own. Uh are they going to change that one also? >> No, >> just this one in the middle. >> Just this one. They're thinking that maybe eventually like for Miss W, they took care of the mom. So they're thinking that eventually like
maybe their kids will take care of them and they might be able to It's wishful thinking. That's smart. >> Maybe, you know, they can put something back there, their kids can live there, something like that in the future. But like I said, I think there's a septic moratorium. They realize that they may
never potentially be able to develop this, but they would like to split it up. Also, I think that um the sisters intend to financially buy each other out. Miss Walsh intends to keep the back lot. Sister intends to keep the front lot with the house. Um but they intend
to keep between those two lots. It's going to be family property, familyowned. That's the intention. >> Okay. There is an existing house on that property. Yes. Correct. Are they are you are they planning to put a second house on it? >> If they developed the back lot, the flag
lot, >> right? >> Then eventually, yes, >> if it possible. But right now, you can't do that. You can't pull the permits for it. There's a septic moratorium and they know that. >> They just want to I think Miss Walsh intends to keep the
back lot. Miss um Canada intends to keep the house in the front and they're gonna separate the properties by each other out, but it's sisters. And then Miss Walsh and her husband own the property next door. >> Okay, that just complicated everything.
>> Sorry. Did I make it clear as mud? I'm sorry. >> Absolutely. >> Okay, so they this property is owned by the two sisters. It was inherited and Miss Sandra Walsh and her husband own the property next door. They live next
door. So, it's two parcels side by side. This property, Miss Canannada intends, I believe, to keep the front house and they would like to put a flag lot in the back and Miss Walsh would like to keep that property and potentially, if
possible, develop it one day. >> Okay, that explains it. Is that better? >> Thank you, Mr. Chair. Any other questions from the board? >> I don't have questions per se, but maybe
discussion. >> I'm sorry. >> I don't have questions per se, but maybe discussion. >> Okay. >> Um, there is a septic moratorium in the area. There's also an active investigation with St. John's River Water Management due to wells going dry
in the area and drainage in the area is a known problem. Um, and the back part is wetlands. That would be a question. >> I do not have the answer to that
question. I don't know if you're looking to staff. >> Um, anybody who might have the question. There's a wetlands map >> actually on >> on the staff. >> It's not my It's not coming up for me. I'm sorry. >> There's There's nothing on there. >> No, no,
>> it's clear >> cuz I thought that it's the staff report mentioned it. The staff report mentions um there >> hydric soils may be present. So any development would require wetland
delineation to be submitted. >> Okay. >> I'm sorry. Can you repeat that? I >> so in the staff report in the natural resources section they do note that there may be hydric soils on the
property which may be an indication of wetlands. So prior to any development they would need to submit a wetland delineation report. >> I just um I don't think it's a really good idea to be splitting and reszoning with a bunch of complications in the
area already. um not just the wetlands, but the drainage. If anybody's been out there after any of these storms, what receives the water to the east of them, um is a lot.
>> Any other discussion? I think the only other thing is that if you're not planning on doing a building immediately then it doesn't really affect you because you can't because of the septic moratorum and you said you aren't planning on building immediately. So
>> no the clients don't intend on building immediately >> um and they may never build. So, >> so maybe then, you know, when some of these other issues have been addressed, you know, that might be a more appropriate time for us to have this
discussion on splitting the lot. I think that in order to split the lot, the only way that you can split it is to reszone it. And I think that they would like to, it's two sisters. They're going to end up owning the parcels, but they would like to financially kind of buy each other out. Miss Walsh would like the
back end. Miss Canada would take the house. So the only way that they can accomplish that instead of just mutually owning the whole property together is by reszoning. >> Come on, Ruth. You were going to say something.
>> I'm just waiting for the discussion to be done. I'm sorry. >> Are we good? I'll make a motion to deny. I'll second. >> Okay. For item H5, we got a motion to deny from Ruth, a second by Erica. All
those in favor say I. >> I. >> I. >> All right. That did not pass unanimously. I need another motion on item H5. >> I make a motion to approve. >> I'll second that.
>> Got a motion by Debbie. I got a second by Robert on item H5 to approve. All those in favor say I. >> I. >> Any opposed? >> I. >> So that would still be Ruth and Erica. Good luck at the county commissioners
meeting. Okay. The next item H6 is a LPA item. Yes. Excuse me. Item H6 and H7 are companion items. I'm going to read them both in, but they'll need to have a separate vote for each item. H6, Jacob
Fawn requests smallcale comprehensive plan amendment to change the future land use designation from RES one to res 2. The application is 25 SS00008. It's located in district 1 and item H7.
Jacob vaugh requests a zoning classification change from SR with a BDP to SR with removal of the existing BDP and addition of a new BDP and this application is 25Z000037
also located in district 1. >> Okay sir, if you could state your name and address and spell your last name for the record. Jacob Fawn, F O U N E, 4060 Golden Shores. >> And a little bit about what you're wanting to do, Mr. Jacob.
>> So, I initially bought the property uh not aware of any issues to build on it. Um I turned in all my permits, got everything accepted, started construction. Um I currently already have my concrete slab done, my block. I
have trusses sitting in the dirt for almost five or six months now. Um, now I'm just waiting to get it approved to continue my construction. >> While you're right there, is there anyone in the audience want to speak for
or against this item? If Mr. Jacob, if you could step aside and let him come up. Same thing, sir. If you could state your name and address for the record and spell your last name. Clifford Mcnite, 3900 Golden Shores Boulevard. Um, MCK
Nigd. Uh, currently the reszoning, uh, I don't know what happened to get this approved. Uh, where you're supposed to to get reszoned, you can reszone down to one
acre. Uh, this is going to reszone it down to a half an acre. Uh, setting a precedence for future uh building in the area. Uh according to the property appraiser
website, this property is listed at 045 acres. Uh it is now with the current survey listed as 0.51. So I have a discrepancy there. Um don't know what happened to get this thing rubber stamped to where he could start building. I feel sorry for him. But uh
also with this property, the house directly behind it that just got built, 4070, their driveway runs directly through this piece of land also. So by building this, approving it and building this house, um you're cutting off
their flag lot. Uh they don't have direct access. uh the the current BDP. I'm not sure what what uh is going to entail with that being changed, but I'm not in favor of this. >> All right, sir. >> Okay.
>> Thank you. >> Anyone else want to speak for against this item? Seeing that, I'm going to close it to public comment. Bring it back to the board. We have any questions for Mr. Jacob? >> Yes, sir.
>> John? Yes, sir. Okay. >> How did you buy this? Did you go through a realtor? >> No, no realtor. Nope. Just bought it. Um, I work construction, so I just work in the area all the time and work with
people that sell lots. Um, I was told of the lot and made a deal and closed on it and turned everything in. >> Who did the survey for you? Um, I'm not sure I can. >> Was But did you do you had did you pay
for the survey? You had it done? >> Yes, sir. >> So, your surveyor didn't notify you that this was an illegal lot. >> No, sir. >> Okay. Might be a lawsuit there for you. >> Um, also, it seems that the county
misststepped on this too when they issued you a building permit, >> which is sad. Also, this the last gentleman that spoke said that there's another lot that's supposed to be flagged through yours. >> Correct. So, they have a easement, a 25
ft easement to the left. And >> is that what's showing on the uh thing here on the survey? >> Yeah, it should be >> on the left on the I guess it's the west side. >> Yes, correct. >> Okay. The parcel that's to the rear does have an approved easement to get to their
lot. >> That's not the west, that's the east side. >> I'm looking I'm looking at the survey. That's just to see where that is. So, but you you're aware of that. >> Correct. >> Because the other there's a
Hold on a second. I'm looking at this wrong. You're saying on the east side there's the flag lot. >> On the on the west side there is an easement for them. >> It looks like there's one on the other side also. >> There's like a piece of property. I think it's like a something the county
owns. I think it's 25 ft wide as well. >> Okay. But it doesn't affect the house that you wanted to build. >> No. >> Okay. >> No. The slab's already done. M >> you know I really feel bad about this. This is the county let you down, the
surveyor let you down. The seller let you down and and you're paying money on construction that's not having that's not being completed >> and wait for an answer for almost six months. I I think number one that they shouldn't charge you any fee for this
change that you want and that uh they should let you proceed. That's sad. >> I have a question if I may. >> Yes, Mr. Jared. >> Who sold you the lot? >> Uh Scotty Minnik.
>> And who is building the house? >> Owner builder. >> Okay. >> Yeah. I have a question for staff. In in the packet, it says that if the zoning request is approved that it will not be introducing a new zoning into the
area that it won't like res 2 won't be can't be used in the future to build on the intensity and density in the area. >> How do we guarantee that? Because we got here there was a BDP to prevent this and multiple steps were missed. So, if we put another barrier in place, what
guarantee is there that we're not going to be sitting here in in another 6 months or so? Cuz there seems to be quite a a few mistakes happening up in the Scotsmore area and it's repeated up against this board. And how do we stop like how what does that guarantee?
>> It's so um technicians that reviewed the building permit originally um they went through additional 8week training. Um so we have corrected that and and tightened
it up so their reviews are uh more focused and they know what to look for for the future. Um additionally we have cited in the staff report that this action if it to be approved would not be
presidential in nature. Um and so by stating that um we feel that that would not um allow for other other people to do the same thing because this is a unique situation. Staff did uh make an
error and uh originally approving the building permit and so we're doing what we can uh for Mr. Fawn to um correct our errors. >> Okay. Um because when we get these reports it it'll give us a range
sometimes like um um there's 0.2 2 acres to 5 acre properties in the area. Is there going to be a note attached to any reszoning in the area that this one will not be considered >> when we get those reports before a planning and zoning board. So that way we like in the future everybody who's
considering a reszoning in that area will have a note to that effect. Well, you know, as you know, when we do our staff reports, we do a search radius of a thousand square feet. And so any zonings, reszonings or small skills that have happened uh within that thousand
square feet is noted in the staff report. So in that way, that's that's how we would protect this from not happening again, from moving forward, um is by doing that search. And in that staff report, it would let us know that
this property shouldn't be considered. >> We would do what we can to work with the applicant before even bringing it forward. Um, but of course, it is still up to the applicant in the end >> because it kind of feels like we're we're stuck between a rock and a hard
place. People moved up that way and they have larger lots. They did that on purpose. They didn't stumble into larger lots. And now we have somebody who's going to lose an immense amount of money because somebody who sold him the lot dropped the ball, his surveyor dropped the ball, and someone in staff dropped
the ball. And now there's no res 2 anywhere near that. And now we're going to introduce a new zoning into the area all to make everybody else's missteps correct. And the problem I have with that is considering everybody who lives there that moved there not to have
that particular zoning. And uh that's quite a conundrum. >> Um Mr. Chairman. >> Yes, sir. >> When you bought the property, did you um did you close with the title company? >> Yes, I did. >> Okay. Have you spoken to them about this? >> I have not yet. No. >> Okay. >> You should.
>> Yeah. >> Um Mr. Chairman, I had a question for staff. >> Yes, sir. Mr. >> Rel related to what uh Ruth was saying. When this lot was split back in 2020, who should have recognized that this was
illegal? >> So, >> would it be the the property appraisers office, the buyer's lawyer, uh the county clerk, zoning staff, who who would normally have f who would you expect to have found this error?
>> So, zoning staff are not involved with uh properties when they're split. That is done through the clerk of courts. Um they also take it over to the property appraiser but it has to be recorded with the clerk courts. Clerk court staff does
not look at zoning or BDPS or anything else. So we don't know about it until it gets until it gets mapped. And >> so in essence, what the situation that we have here is that until he actually
pulls a B building permit, he would never have known he had a problem. >> That is correct. >> And in this case, he actually got a building permit. >> Yes, sir. A lot of times the property appraisers will call the zoning if they're trying
to get a mortgage on it >> and make sure that it's properly done and we'll tell them when something like this has been recorded that uh it's done without meeting the requirements for the zoning classification. The surveyors
don't usually look at stuff like that. All they do is get a legal description and they go out and survey the property by that. the title company is the one that should be looking at that. >> I was thinking the title company ought to have found that and and advised him that there was a problem. Uh because of
all these failures, uh I'm going to recommend that we approve this with the disclaimer. Uh but but before we get to that, uh how are we going to
put this disclaimer in effect? Are we going to ask him to put a BDP on property or how is that how how's that known? How's it made known? >> We did that. >> Yes, sir. We are we are requesting a uh
BDP with this action. Um sorry, let me get you the right verbiage. So, what we're proposing is um two things. The applicant agrees that this resoning request and companion future
land use amendment application was the result of an unlawful split by the predecessor and interest and will stipulate to the fact in any future proceedings regarding that action. And number two, that this resoning and
comprehens and companion future land use amendment application are not presidential, but instead are being requested to resolve the substandard lot that has arisen as a result of the unlawful lot split. And under these
particular circumstances, that it be recognized that these actions are being granted based upon the unique conditions of the subject property. Okay. Anyway, Mr. Chairman, I recommend approval
with that disclaimer. >> Well, I'd like to just go on and say one other thing. You know, I've done a lot of real estate transactions in my lifetime, but I've always used a realer and it's been brought to my attention, Erica. This is zoned this way, right? So
just in the I mean like and so then the onus always if it's a buy you know for sale by owner you know then then you know a lot of things get hidden and so just recommendation for the future and I I you know I don't want to see this set
a set a precedent so I do want to make sure that we've got this BDP and it is we know not to use it. So along with that I guess I'll go along with everyone else. Thank you. I have I have a follow-up question if I might. >> Okay.
>> Out of curiosity, what kind of construction do you do? >> HVAC. >> Okay. Do you do you work for the gentleman that sold you the property at all? >> Yes, I do. I look I work for a lot of the small builders in Titusville Mems area.
>> Okay. >> I've got one question. This doesn't fall under the opaces of the septic tank moratorum, does it? It's too far north. >> No, it does not.
>> It's It's It's the area is covered. Who said that? It is not. >> It does. It is not an accepted tank moratorium. >> Okay. >> Uh one more question for the applicant. Mr. Chair,
>> I'm still holding your motion, Mr. Ron. I haven't forgot you. Okay. >> Okay. Um, you still work for Minnik? >> Yes, I do. Yeah. >> Does he know the trouble he's put you in? >> Yep. >> Is he helping you out in any way? >> Um, we'll see. Hopefully.
>> No, I mean, this is an expense that Do you have a mortgage on this? >> I don't. >> You're paying cash for everything? Why not? >> Sure. So far. >> Okay. I'll second his motion. >> Okay. Item H6. Got a motion by Ron, a second by John. All those in favor say
I. >> I. >> I. >> Any opposed? >> I. >> I. >> Ruth and Jared. Is that correct? >> Correct. >> All right. And I need a motion on H7. >> I'll make a motion on H7 to recommend
approval. >> Second. >> Okay. Item H7. Got a motion by Ron, a second by Neil. All those in favor say I. Hi. >> Any opposed? >> I
>> Jared and Ruth opposed. >> Good luck. >> Thank you. >> All right, sir. >> Thank you. >> Item H8. >> Yes. Item H8, Linda Muns and Aaron Muns, Jr. request zoning classification change
from GU to AU. The application is 25Z 0000 4 located in district 1. >> Ma'am, are you the applicant? >> I am. >> If you could state your name and address
for the record and spell your last name, please. >> Linda Muns, MU N Z. Address is 5520 Fan Palm Avenue. Coco. >> And a little bit about what you're want to do. Uh so we basically just want to
be able to reszone our property from GU to AU. Um we it could have been done administratively except for we are 2 acres too small for it to have been done that way. So we had to go through this way to have it done. Um ultimately uh
when my husband and I retire, he has a shop out back. You can't see our house or the shop from the street and we're within setbacks, but he's got a shop where he works on his cars and things like that. Um, and I like to work with wood and those two things don't go together very well. Um, and so we want
to eventually build another smaller shop for me. All right. While you're there, is there anyone in the audience want to speak for or against this item? Seeing that, I'm going to close it for public comment. I'm going to bring it back to the board. Do we have any
questions for the applicant? >> Uh, Mr. Chairman. >> Yes, sir. Uh, are you going to be raising animals? >> Um, I don't think so. No, I don't want to. We used to have a horse farm in Northern Virginia. I really don't want to do that again. >> Okay. Thank you.
>> I have a question. >> Hello. I have a question. >> Mr. Jared, >> maybe for staff. Are there any nonconforming lot issues? If they go um if if they reszone this lot and it's smaller than what you can
um do for AU with them building another building. Is that a thing? >> Okay. They got a variance to the lot size so that they could bring it into compliance with the AU size of 2.5.
>> Okay. >> They're still going to be able to use the AU um as far as doing accessory structures. They need to meet all the setbacks. The AU exempts you from how big you can have and how many. >> Okay. >> Yeah. And as an aside, there are lots of
other properties right around us that are the same size that are AU. I was just looking out for for you on that one. Really? I uh I I support it. >> We're fixing it. >> Sure. >> Okay. I need a motion. >> Motion to approve.
>> Second. >> It doesn't matter. >> We got a >> Okay, let's get somebody on there. >> Who was the second? >> Ruth. >> Sure. Got a motion by Jared on item H8,
a second by Ruth. All those in favor say I. >> Any opposed? >> That pass unanimously. >> All right. Thank you. >> Item H9. >> Item H9, Paul and Cheryl Peterson requests a zoning classification change
from RU-1-9 to RU-2-6. Applications 25Z000035. It's located at tax account number 2611-660 in district 4. >> Okay. Sir, are you the applicant?
>> Yes, sir. >> If you would state your name and spell your last name and your address for the record. >> My name is Paul Pearson. My last name is P E A R S O N. My address is 4339 Chastain Drive, Melbourne, Florida. >> All right. And a little bit about what
you're wanting to do. Uh we're looking to go from R1 to R six to increase the usage of the property in which we originally bought the property that was being used that way from the previous owner which
we found out the previous owner has had multiple multiple problems with zoning health department issues and which we've all tried to resolve which working I haven't And but Steve Totty, the contractor, has been working
with staff. He was unable to make it. He had an emergency today. So I'm end up up standing up for him and I have some knowledge of what he's done and some of what he hasn't done. But I'm able to answer probably a lot of the questions that you may have.
>> While you're right there, sir, is there anyone in the audience who want to speak for against this item? So I'm going to close it for public comment. I'm going to bring it back to the board. We got questions for the applicant.
>> Uh yes. Uh was there a variance requested? >> There's been multiple variances because of the way the property was originally built and then there was additions added on by two previous owners
in which the setbacks are short of the original county zoning. Uh that was a excuse me uh I was that was a question for staff. I wasn't clear. Wasn't there a uh staff wasn't there a
variance request for a third to vary the from the 30% breezeway corridor? >> Uh yes there was uh I think three different variances for setbacks because they're changing them from the uh single family into multifamily and then being
on the river. There's also a breezeway requirement for the 200 f feet off the river of 30%. They had a variance that was approved for it, too. >> Okay. Thank you. Uh, now another question for staff. It's been this way for 19 years.
Uh, how did they get a building permit for three rental units in an R1 zoning classification? >> Uh, the the property was um built with permits for garages in the front. they were connected with a breezeway. Uh that
was how it was originally uh done back in the early 2000s. So later on the breezeway slowly disappeared through weather and such. Uh the previous owners had changed the garages into uh living
areas for apartments. It's like the gentleman here said, there is multi- u issues with code enforcement for doing that. And we've we've worked with Zach Frame from the health department and he's already we we've clarified and fixed all
the issues and then the new septic system that's going in will fix the other issues that were there. They had put in temporary septic systems on the property. >> Yeah. Sounds to me like we ought to support this new buyer who's getting
taking property from that's been creating a lot of problems for us and he's fixing the problems and making it all legal again. Uh I think you know I'm going to recommend approval >> and the just so you know the owners around I've spoken to all of them and
they're all in favor of it. So just to give you an indication >> nobody's here against it. That's I'll second that around motion if that was a motion. Yes. >> Okay. Item H9. Got a motion by Ron, a second by Jared. All those in favor say I.
>> I. >> Any opposed? >> That pass unanimously. >> Thank you. I appreciate it. >> Thank you, sir. >> Item H10. >> Good afternoon. >> Item H10. J and Grant
>> Steini requests uh zoning classification change from GU to AU. Applications 25Z 000038. It's located in district 2. >> Sir, if you'd state your name and address for the record and also spell your last name.
>> Yes. J. Steinets. S I N ke 6177 Kerry Drive, Melbourne. >> And a little bit about what you're wanting to do. >> Yes. I bought this property for my son. Uh he's a zookeeper at the Bvard Zoo and an environmentalist out there. Uh it's a wetland area. We we bought it. The
intent is to eventually put a a small house out there, a mini house out there. Uh I want to put about a half acre of blueberries out there and 10 or 15 hives of bees out there. And hopefully he'll he'll have a spouse that wants to dabble in anything. His girlfriend right now wants to have a few chickens. Uh, I want
to put a couple elevated vegetable uh plots out there so we can raise and he can hopefully sell stuff down the road. >> While you're right there, is there anyone in the audience want to speak for or against this item?
Sir, if you could step aside there and if you could come up, get as close as you can to the microphone, state your name and address and spell your last name for the record, please, sir. >> Hi. Yeah, my uh my name is Jim Cuts. That's C U TTS. Uh I'm at 1850 Barton
Boulevard in Rocklage, Florida. Um and I um I noticed I did a little bit of research with regard to changing to AU um which looks like it can be um reszoneed to have some residential
property on there uh with lot sizes that are a little bit unclear. I just didn't know what the lot sizes were. We have no objection to to houses or anything being built on there. I was just wondering if it was going to be developed beyond a single residence um what the lot size of
those houses would be. >> Staff, could we answer that? >> So, AU zoning classification requires 2 and a half acre lot sizes. >> Thank you. >> Um yeah. Um in that case, we would have no objection. Um in fact, we're quite
looking forward to having other properties down in that area. Thank you. All right. Thank you, sir. >> Sir, if you could come back up. >> Mr. Chair, if I >> Yes, ma'am. >> The maps in your package are incorrect.
He's only reszoning about 15 acres of the 22 1/2 acres. So, the the bottom portion of it is going to remain the zoning that it is. He's only doing uh 14 acres. that the northern piece is what's
being resoned. >> Ford, does everyone understand? >> Mr. Ron, >> uh, yeah, a couple questions. Uh, >> sir, >> first off, you're going to be raising blueberries. >> Well, that's what I hope is. >> Well, as I drive by 95, I see that area
flooded quite a bit. So, maybe blueberries is a good thing to grow. Mhm. >> Uh cranberry. >> It's also a lot of wetlands. So >> you're aware that wetlands can be a problem in doing any kind of development. >> Absolutely. >> So additional >> Okay. Just as long as you're
>> right now it's covered with invasives. So I'm trying to clear out the meluca and clear out the Brazilian pepper and clear out the uh uh Chinese malow. And yes, there's some work to be done and get rid of all the hogs that are out there. Okay.
>> Uh that's the only question I've got. I've got one. >> Mr. Jared, >> any particular reason you're not reszoning the entire parcel? >> Well, part of it is private conservation on the very south end. >> Okay. >> And that was something the county did. I was trying to reszone the whole thing.
>> Okay. >> And they were the ones that recommended >> Yeah. Okay. >> staying that out, you know, keeping that out of it. >> I wasn't really thinking about it till till you brought it up and then it >> and part of that's a 2 and a half acre pond. You can't do much with any of that. >> Yeah.
>> So, okay. Thanks. >> Any other comments from the board? >> Move to approve. >> Second. >> Item H10. Got a motion by John, a second by Neil. All those in favor say I. >> I. >> Any opposed? That passed unanimously.
>> Thank you, sir. Thank you, Bill. >> All right. Thank you. Any other discussions for the board before I close it? >> Meeting adjourned. >> Do we have a meeting in December? >> We don't, do we?
In January, we come back. >> Good job. >> Yeah. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or
the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such
period. Heat. Hey, Heat.