[music] [music] [music] [music] Heat. Heat. [music] >> [music] >> Yeah. Funny to me just because you want to be the cheer now. [laughter] Good afternoon. We will now stand for
the pledge of allegiance. >> Pledge allegiance to the flag of the United States of America and to the republic for it stands one nation with liberty and justice for all. This meeting is now called to order.
This is the Bvard County boner zoning adjustment for Wednesday, March 18th. Mr. Bod, can you please read us our first reading, the function of the board? >> Yes, Mr. Chairman. The board of adjustment is a quasi judicial body
established by the board of county commissioners under chapter 62 article 2 division 4 of the Bavar County code. The board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9.
Pursuant to Florida rules of appellet procedure, any person or persons jointly or severally agreed by any decision of the board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief. Mr.
Chairman, you have 11 items on your agenda today. >> Thank you. Miss Clemens, can you read us undue hardship definition, please? The definition of an undue hardship. A variance may be granted when it will not be contrary to the public interest and
where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. The term undue hardship has specific legal definition in this context and essentially means that without the requested variance, the applicant will have no reasonable use of
the subject property under the existing development regulations. Personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where the land owner cannot
yield a reasonable use and/or reasonable return under the existing land development regulations. The applicant must answer a variance hardship worksheet with six questions. The board of adjustments will discuss these questions today with each applicant who has requested a variance.
>> Thank you. I would like to address our board members, the applicants, and our audience about the procedures that will be followed during this proceeding. The board of zoning adjustment is a quazy board with members appointed by the Bvard County Board of
Commissioners will utilize Robert rules of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentation, we will begin board questioning with the board member who
represents the applicant's district. When concluded, question is opening to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's application.
Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to present their final comments. Once completed, no further comment will be heard from the
applicant or the public. The action then moves to the board for discussion and action. We will not be using a timer for this meeting. Instead, we're asking each speaker to be concise in what they have to say. It's important that you stay on a subject and avoid information that's
not relevant. All persons speaking must provide their name, address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for a dress card. Please fill it out and return it to the clerk. Are there any questions regarding
these procedures for the from the board members? Seeing none, are there any questions regarding the procedures from the applicants from the audience? Seeing none, we'll move to our next order of business. We'll go right to our meeting minutes.
Any changes or motion to approve? >> I make a motion to approve the meeting minutes. >> I'll second. >> We have a motion to approve in a second by Mr. Humber. Thank you. And now we'll open up with our first application. Mr. Bod, please.
>> We have a vote. >> We got a vote. >> Oh, the vote for the meeting minutes. Can we take a vote, please? Sorry. Vote to approve. >> I >> I thank you. Mr. Bod, please.
>> Yes. Item H1, Matthew S. and Gretchen W. Solar, represented by Dan Cole. Request five variances. Chapter 62, Article 6 Boulevard County Code for a fence/wall in an RU-1-7 zoning classification
located at tax account number 30007937 in district 3. >> Can the applicant come forward, please? >> Just put the mic to your mouth. Let me swear you in. Do you swear to tell the truth, the whole truth? Nothing but the truth?
>> I do. Thank you. Your name for the record, please. Your first and last name. >> Dan Co COE. >> Can you hear that? >> Repeat it again, please. >> Uh, Dan Co COE. >> Okay. How can we help you today, please? >> Um, well, good afternoon, chair, members of the board. I'm Dan Co, and I'm I'm
here on behalf of Lifestyle Homes and the homeowners, Matthew and Gretchen Solar. I appreciate the opportunity to speak today. Uh, the this request is narrow in scope. It does not involve redesigning the site, changing drainage, or expanding the use of the property. It
arises from a situation where statemandated life safety requirements and local zoning limitations intersect on this particular lot in a way that makes it impossible to comply with both requirements at the same time without relief. Because of the lot's topography and the approved site design, retaining
walls were necessary to properly grade the property and manage drainage. Those walls were designed by a licensed civil engineer, reviewed by the county, and approved at heights up to the maximum allowed under zoning. Can I approach with documents? >> Yes. One moment, Mr. B. Is he cleared to
speak for the company? >> Yes, he is. >> Okay. Yes, you may approach. >> Thank you. >> Thank you. Yeah. >> Um, so what I gave you was the approved the original approved lot drainage plan
that shows the walls on there and then also pics of the property as it currently sits. Um, the approved plans also clearly identified that where the drop exceeds 30 in fall protection would be required under the Florida building code. So on the plan on uh the second
page uh upper left corner the section shows that walls were permitted up to six feet in height and any drop over 30 in would require fall protection. Um so the guard in this case is not intended to enclose or contain any area. It
exists solely as a life safety feature required by state code to prevent falls. So in the uh picture packet you can see the guards that sit on top of the walls. They don't uh enclose any. They literally just sit on top of the wall to for fall protection. Uh the plans were
prepared by a licensed engineer reviewed by the county [clears throat] and approved through the normal permanent process. This variance request is not an attempt to correct a mistake, but to reconcile two valid requirements that were never intended to conflict. At the time the original plans were reviewed
and approved, it was reasonably understood that this statemandated guard was being treated as a safety feature, not as a zoning regulated fence or as an extension of retaining wall height. If fall protection were treated as part of zoning regulated wall height, then by simple math, any retaining wall
exceeding 36 in would by definition be incapable of complying with both the Florida building code and the zoning ordinance simultaneously. Now, at the end of this project, the way these two requirements began to be applied together changed. That shift created a situation, excuse [clears throat] me, where compliance
with one mandatory requirement began to conflict with the other. That is the situation we're here to resolve today. Uh the conditions giving rise to this request are very specific to this property. The recessed nature of the lot, you can see in some of the pictures how it's recessed. uh the grading
configuration and the approved finished floor elevation required retennium walls that approach the zoning height limit of six feet in that area. We're here on the four and six. Um when combined with mandatory fall protection, that configuration produced a conflict that would not typically
arise on most lots. This was not the result of an unusual or discretionary design choice. It was the result of approved engineering plans and mandatory safety requirements being applied to a unique site condition. The retaining walls were constructed as a as designed by a licensed engineer and approved by
the county. The fall protection is required by state law and is not optional. The homeowners did not create this condition. They followed the approved plans and complied with mandatory safety requirements. On this site, there is no practical way to satisfy both the Florida building code and the zoning ordinance simultaneously
without variance relief. Where fall protection is required, it cannot be eliminated or reduced below the state minimum required height of 36 in. Without a variance, compliance with one code necessarily results in violation of the other. Now, can I present one more time?
>> Yes. >> Thank you. >> So, the what I gave you there was the proposed new plan. So, we had already built this and this is what we're proposing to do uh and which is what this variance meeting is about. So the plans before you represent a good faith
effort to request only what is necessary. Since the prior hearing, the plans have been revised further to reduce the wall height where possible and limit the guard to the minimum required by state code. The request before you today is narrower and more restrained than before. We reduced we
reduced retaining wall heights wherever physically possible. We reduced the guard height to the state minimum of 36 in. and we removed guard sections where fall protection is not required. No additional wall height, mass or footprint is being added anywhere on the
site. [clears throat] The request is limited solely to the incremental height created by mandatory fall protection. The homeowners are not seeking additional height, expanded use, or aesthetic enhancement. This is not a general condition that would apply to most properties. It arises from a very
specific combination of topography, approved wall elevations, and mandatory safety requirements. Most lots would never encounter this conflict. Now, the requested height relief does not create an injury to surrounding properties or the public welfare. [clears throat] Approval does not increase the retaining
wall height beyond what was previously permitted, does not alter drainage patterns, does not change site function, and does not affect storm water performance. All drainage and grading were reviewed and approved through the county's civil permitting process. Granting this variance does not change
how the site functions. It only resolves a life safety conflict created by mandatory regulations. From a drainage standpoint alone, the site will function exactly the same tomorrow whether this variance is approved or not. Now, I understand that large site changes can feel disruptive to neighbor properties.
But for purposes of a variance decision, the question before the board is not whether the wall is preferred or disliked, but whether the limited height relief associated with statemandated fall protection creates an additional measurable impact be beyond what already exists.
The retaining wall um sorry the retaining wall will remain exactly as it exists today. The only question before the board is whether the minimum safety guard required by state law can exist on top of the wall that was already permitted and approved. For purposes of the variance criteria, the relevant
consideration is whether the incremental height created by the required guard creates an additional impact beyond what already exists with the permitted retaining wall. Our civil engineer is present should the board have any technical questions related specifically to drainage or storm water performance.
and I believe he's listed on the document. For these re for these reasons, we respectfully request approval of the variance. Thank you for your time and consideration. >> Thank you. I see this application arises in district three. Mr. Humber, you have the
floor for questions. >> Hi. Hi. I know the house. I ride past it about 100 times a day. Uh question I do have here. Um it says here um
special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to the other lands or building structures the same zoning. Then it goes on to say, "The subject property presents unique structural and
topographical conditions due to proximity of the home to the north and south side of the property lines." Well, those conditions wouldn't exist until the house was built. Correct. So, the house being built created this
situation. Correct. >> When you say situation, can you elaborate? >> Yeah. He's saying saying here that the the subject property presents unique structural and topographical conditions due to the proximity of the home to the north and south side of the property
lines as well as required finished floor elevation. >> Correct. >> Well, those problems wouldn't exist if the house wasn't there. Correct. >> But the Yeah, I'm just I'm sorry. Sorry. The house is there with the finished floor elevation that was out of flood zones presented approved
>> with that finished floor elevation. You have required grading that you must meet and the retaining walls required to allow that that grade from the house finished floor elevation. >> Well, what I'm saying is without that house there wouldn't be any problems.
Correct. >> Well, yeah, because there is but we have a house. I have another couple other questions here. >> And I I believe last time there was a problem with drainage. Was that not an issue?
>> It was. That's what the um neighboring uh properties commented. Uh however, again, our uh civil engineers on site and he designed this is approved. All homeowners builders are required to retain their own water. We did that. Um,
we have drainage going from the front of the house to the back of the house where we have retention area. Walls were built 6 in above grade to retain our own water. There's not enough hydraulic pressure to cause any water problems to the neighboring lots. Uh, neighboring lots are also required. Everybody's
required to retain their own water. So, the the um the comment that we were creating flooding on neighboring uh properties is is not accurate. That's false. also the neighbor to the Yeah. Yeah. So we we we
are doing our job by retaining the water on our lot. We are not causing flooding. >> So has anything been done since the last time you were here in regards to flooding? >> There was nothing to do because we complied with all drainage requirements. Now what I can say is the neighbor to
the south uh installed a pool and a gazebo on their property that required uh lot drainage alteration to retain their water. And from my understanding that has not been done. So their requirement again, everybody's requirement is to retain their own water. So the water
that was presented last time against the wall when you build between two properties, neighbors are typically used to draining onto that empty lot in between. We now have a lot there. And regardless of whether you had walls or not, any house that built is going to be elevated to a finished floor elevation. And you're
required to retain your own water. So if that water was draining to our to the empty property before we built and the water continues there without them altering their own drainage through the through the permitting process, then it has no choice but to dam up against our
wall. But that's not our issue. Our we did and complied with civil engineering to retain the water on our own lot. [snorts] I might have a couple other questions, but I'll I'll pass it on at the moment. >> Okay, Miss Clemens, any questions?
>> No questions. Dr. Bass, >> no, I don't have any. Thank you. >> Thank you. >> Okay, Mr. Hoffman. >> None. >> Okay, seeing none, I'll just ask you to step aside. I'm going to ask the audience. Is there anyone in the audience who would like to speak in
favor or opposition of this variance? Can you come forward now please? Seeing none, you can come back. >> Mr. Humber, >> I don't have any further questions, but I'll make a motion here if you want it.
How many? There's five of them, right? Five variances. It's five, right? Five variances you're requesting. >> Okay. >> I see five. >> Five. Right. >> Okay.
I'd like to make a motion to approve all five variances as depicted on the survey provided by the applicant with a revision date of 1216 2025. >> I second. >> We have a motion to approve by Mr.
Humber, a second by Miss Clemings. Any discussion? Hearing no further discussion, I'm going to read the six hard do undue hardships. One, that special conditions and circumstances exist which are not
applicable to other land, structures, or buildings in the applicable zoning classifications. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance requested would not confer an applicant any special privilege that is denied by the
provisions of this chapter to other lands, buildings or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of
this chapter and will constitute unnecessary and undue hardship on the applicant. and that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. And last, that the granting of the variance will be in harmony with the general intent and
purpose of this chapter and that such variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion by Mr. Hberg to approve, a second by Miss Clemen say the board. >> I I
>> I your motion. Your variance have passed. >> Thank you, Mr. Homeberg. Thank you, board. >> Mr. Bod, our next variance, please. >> Yes. Item H2, Tyler Gardner and Shelby Hinds, request
variance of chapter 62, article 6, Bavar County Code for principal structure in RRM-1 zoning classification located at tax account number 246117 in district 1.
Can the applicant come down, please? >> Hello. >> Hi. Can you raise your right hand, please? You swear to tell the truth, the whole truth, and nothing but the truth. >> I do. >> Can I have your first and last name, please? >> Shelby Gardner. >> And how can we help you today? >> Um, we me and my husband have come uh we
applied for a variance. We um bought and purchased land in a manufactured home. Um, and they placed the home on the land about a year ago. Uh, and we didn't find out until three days before our expected uh, receiving of our CO that they
actually placed it 15 or almost 15 ft over um, almost onto the neighboring property line. Um, unfortunately everything with the house has already been done. Septic, driveway, water, stairs, electric. Um, the septic actually is over the property line. They
also did not build the pad high enough. So, we had to install a French drain which now uh is on the neighbor's property line um as well. I think it pushes it about a foot onto the property. Um unfortunately, nobody caught this in the entire year process.
The appraiser didn't catch it. The county inspector didn't catch it. Um so, it's caused us uh quite a bit of hardship. >> Okay. Well, I see you in district one. That's my district. >> Okay. Um, I didn't get an opportunity to drive
past your property. [snorts] However, I'll start with opening questions now. Miss Clemens, you have any questions? >> I do not. >> Mr. Humber? >> No, I do not. >> Miss Dr. Bass, >> I do not. >> Okay. >> Yes, I do.
>> Okay. [laughter] >> In your description just now, you said that some of your facilities impinge on the neighbors property. >> Yes. Have you made arrangements with that neighbor for >> He lives in Ohio. We have tried every
method of contacting him because originally um we were just going to buy a portion of the land because it was going to be the easiest or have our home builders buy it. >> Um he uh made a mention to his realtor that he did not want to sell. We have had the title agent reach out to him.
Real estate we've sent him a certified letter. At this time he has no interest in selling any of his property. So, what's the resolution? >> Um, our home builder um suggested applying for the variance. Um, they said if the variance does get approved that
they're going to move the septic over their expense, but um that doesn't fix our drainage issue since they didn't build the pad up high enough, we can't actually have the house without the French drain cuz all the water just I mean it pulls completely to the house by like a foot. Um, so it would be like
structurally unsound. Um, other than that, that's kind of like where we're at. They did say, we did have an attorney on it. Um, and they told our attorney that the variance doesn't get approved, that they are going to make it right. Um, they did try to blame us for the longest time, saying we staked our own property, which is a
lie. We did not. Um, but finally, I feel like lately they've kind of changed their tune a little bit. Um, that they are offering to fix it hopefully. >> If you didn't stake the property, who did? um our surveyors, which that company is now out of business, but the
um we ordered the boundary survey and the home company ordered the engineering survey. They were done by the same survey company. Um and my husband did find the iron rods in the ground. Um so the the the boundary survey was correct. They just physically put the house in
the wrong location. >> Okay. >> Yeah, it's been fun. >> Trying to think. So if so, so by granting the v if if we grant the variance, how does that solve the
problems of these other things? >> I honestly have no idea. >> All right. You're you're just here following your attorney's advice. Um well um our home builder we came to an agreement because originally um we basically told them I mean this is
their problem they have to fix it and they said uh if we apply for the variance that they will uh get the mortgage deferred because the mortgage is due on it because we entered this agreement this construction loan almost
two years ago now. Um, so it was kind of our only option at the point. Um, but they did recently state that they would fix it if the variance didn't get approved, which would require them um, moving the house.
>> Which would you prefer? Um, I mean, since it already has issues with the drainage, I think we would prefer it to be moved, but we're just concerned that if the if the variance was granted, um, that the utilities are still over, uh, and then we would like
to put a fence in. Um, but then we would have no room for a fence. >> Okay. Thank you. >> You're welcome. >> So, I just want to make sure I'm clear. Are you living in the house now? >> No, it's unlivable because we can't get a seal. We're um we've been living in a camper for over 2 years now.
>> On the property? >> No, in my parents' backyard. Okay. Because we can't live uh in the camper on the property because they won't turn the power on because we don't have a CO. >> I've tried to call FPL, but they won't turn it on.
>> So, let Okay. So, my question um is going to piggyback off of his. So, in approving, if we approve your variance today, is that getting you one step closer to getting inside your home? >> Um,
technically, yes, but then we would have to figure out about the drainage issue. So, no, I guess I mean the the cuz the French drain is actually over the property line
and I don't know how much the variance grants distance-wise because the French drain goes out about 2 feet, but we have to have it or else our house foundation would be underwater. >> Okay. So, I'm going to address this to Mr. Bod staff. So, um, just help me
understand as I know I've been out for a month or two or three, but wait, my question is this. She's here for a variance because that's what she needs to go to the next step. Is that correct, Mr. Bod? >> The variance is only for the mobile home itself. It's not for any of the French drains or any of the other problems that
seem to be she's trying to get addressed with the getting this variance. >> Okay. So, >> address the other problems. >> Okay. >> Yeah. Our home builder basically said, "If you want our help, apply for this and then the decision of this will
depend on what they'll do to fix it." >> Okay. So, Miss Hines, let me let us help you today. [laughter] Okay. Let us help you. Okay. Um, any more questions, board? Okay. Just step aside. Let me see if anyone's in the audience. Is there
anyone here in the audience that have anything to speak on this variance? Yay or nay? Seeing none, come on back. Okay. Could someone make a motion for me, please? >> I make a motion to approve I make a I
make a motion to approve the variance request as depicted on the survey um dated 1010 2025. >> Do I have a second? >> Second. >> Okay. Miss Clemens made a motion to approve. It was second by Mr. Hberg. I'm going to read the six due undue
hardship. that special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on an
applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. and that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning
classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure and that the granting of the variance will be in harmony with the general intent and
purpose of this chapter and that such use variance would not be injurous to the area involved. We have a motion to approve by Miss Clemings. We have a second by Mr. Hberg. Can I get the board to vote on approving this variance?
Hi. >> Hi. >> I vote against. >> Okay. We have one against the variance from Mr. H Mr. Hoffman. Dr. Bass.
>> It's It's a tough one, isn't it? >> Yeah. >> I'll vote in favor. >> I vote in favor. I'm in favor. >> I agree. >> Your variance have passed. >> Thank you.
>> Thank you. >> Mr. Bod, can we have the next one, please? >> Yes. Item H3 made to Janet Morales requests six variances of chapter 62 article 6 Boulevard County Cove. for three variant structures in an RU-19
zoning classification. And for fence height, uh the application number is 26B 00001 located tax count number 24346 in district 1. >> Good afternoon.
>> Good afternoon. >> Speak at the mic for good afternoon members of the board. >> Do you swear to tell the truth, the whole truth, and nothing but the truth? >> Yes, ma'am. Can you state your first and last name for the record, please? >> Anna Ciani. >> Okay. Will she be speaking as well?
>> Um, she's my mother. She's the property owner. I'm here on behalf of her, so I can speak. >> Okay. Will she be speaking though? No. >> Okay. Okay. Okay. How can we help you today? >> Okay. Um, so my mom and I have actively been working with code enforcement officers in the county to come into
compliance. Um the application of the variances that we um did is um mainly for structures that were in the home before we purchased the house. Um we did not know but we we work with county uh we did the backing of the eastmen so
these structures can stay. Um and also I think the other variance was the the fence. The fence is a fence that was there also before we moved into the house, but we replaced it from being a rotten wood to PVC.
And I'm sorry, I'm very um so um we did the backing of the ement so the structures can stay without conflicting with the utility lines. Um also the height of the uh fence
coincides with u many uh surrounding fences in our neighborhood. Okay. So, you just said I'm sorry, just bear with me. You just said the fence is the same size as the fence as the other fences in your neighborhood. Okay. Okay. Go ahead.
>> And that's that's pretty much it that I have. >> Okay. Well, I see you in district one and that's my district. So, I'll ask Dr. Bass to start with the questioning, please. >> I don't have any questions at this time. >> Okay.
>> I have one. >> Okay. Mr. house name. >> This was existing conditions when you bought the property and you're just here trying to legitimize the existing condition, correct? >> Yes, sir. >> Okay, Miss Clemens, >> no questions.
>> No questions. >> Well, no one have any questions. So, let's just sum up what you're here for today. You purchased the property, and just help me if I'm not right now. You purchased the property. Um, the fence is the concern, correct? Mostly. Yeah.
>> Okay. And when you say mostly, what else is the concern? >> Well, they had um the two structures that were in that were in the back, they're still in the back of the house, uh were there before we purchased the house, but apparently they were they they didn't pull permits for it. So,
when there was a complaint and they came to, you know, do the investigation and all that, we found out that we didn't have permits for those. So, that's why we were we've been trying to bring the house into compliance. >> Okay. So today, I want to make sure we're clear. We're here for six variants, correct?
>> Correct. >> Yes, ma'am. >> Okay. >> Okay. You have anything else you want to add today before we get started? >> No, ma'am. >> Okay. Thank you. I ask you to step to the side. Is there anyone in the audience that would like to speak to this variance rather opposing
or agreeing? Um, yes. Can you come up to the podium, please? >> On this one. >> That's the one. Okay. >> Um, can I swear you in, please? You swear to tell the truth, the whole truth, nothing but the truth. >> Yes, ma'am. >> Can you state your name for the record,
please? First and last name. >> Edward Reynolds. >> Edward Reynolds. How can we help you? >> Um, all the compliances around the neighborhood there, the fences and everything. Um, I own 1.78 acres right behind where the problem is. >> Um, all of our fences are equal. There's
none of them out of order or nothing. Um, we have I've lived there 13 years. They live there, too. And then the other two ladies are going to talk. They've been there like 30 years. So, but anyways, uh, everything is compliance. is there's this one guy that lives that
just bought there and moved in and he is trying to ruin the whole neighborhood. >> Well, let me ask you this real quick. Are you opposing or you agreeing with her? >> I'm agreeing with her. She agree. Okay, that's what I want to be clear >> because it's all equal. All of our fences are all six foot. I have wooden fence. They have vinyl fence,
>> right? >> So, I mean, and her house is one of the nicest ones on the street. >> Okay. >> So, it's it's not, you know, nothing bad there. I'm agreeing with her. She's legal. She's done everything right. >> Okay. Well, we appreciate you coming
today and letting us know how you feel. >> Thank you. That's a neighbor. >> Thank you. >> Okay. Who else would like to speak today? >> Swear to tell the truth, the whole truth. >> I do. >> And your first and last name, please. >> I'm Tina Dobby. >> How can we help you, Miss Tina? Um, >> are you agreeing or disagreeing? >> I'm agreeing.
>> You're agreeing also. Okay. My sister has cancer and she lives right around two doors down from me and I'm speaking on both of our behaviors for Anna. >> Um the the structure she's talking about, I've been living there since 1989 and those were there. I knew all the
people that were there before the people that bought in between because there's been two owners since her and then she then she bought and I just love her. But they they have done really nice upkeep. They've made the fence is beautiful. It's it's made the neighborhood look nicer. They're excellent neighbors. They
keep everything nice and we're just happy that they're there. And I want to agree with the gentleman that spoke earlier. We've never had issues in our neighborhood. Everybody gets along. We don't have people that call and complain about each other. We're just we're neighborly people.
>> But since this person moved in, it's constant like somebody's c, you know, everybody's worried like, "Oh gosh, this person's going to call on us." But um I don't I don't understand it. But I just I'm speaking on her behalf and I took off work and I never take off work to do anything. But I'm like I'm going there
because I want somebody to stand for her because they are really done good for our neighborhood and I'm very proud to have her as a neighbor. >> That's great. Thank you for coming taking time. Is the person who opposes is the person here today? >> No. >> No. >> Oh, okay. I just want
>> It's the letter. Okay. So, they wrote a letter. Okay. And you saw that, correct? Okay. Good. Okay. Good. Okay. I'd like to make the board aware that one of the sheds the applicant put up themselves. Two of them they were bought there and the fence they put up themselves too.
So, >> okay. >> Just so you know that. >> Thank you, Mr. Um, you can come up. >> Let me swear you in. >> You swear to tell the truth. The whole truth. Yes, I do. >> And your first and last name for the record, please.
>> Carolina Franks. >> Okay. Are you a neighbor? >> I lived in 2945 Brandon Court, a cult right off Epswitch. She's on the corner. I'm on the little corner coming around. And I've lived there approximately 35 years, probably more than anybody. There
wasn't any red light in that place when I moved in. >> Okay. How can we help you? What would you like? Are you opposing or you agree? >> I am so much in agreement with her. >> Okay. >> I don't know. I just like to say I don't know if you've gone down that road at
all, >> but her house is very beautiful. I've been in there with the first owner this I didn't go there the second owner. So I know what looked like the first owner and what was in the backyard and I've been in there I've been in there since I've been in Anna's on and
Anna's house also. From where I sit on my culde-sac, I see her yard and she has never let it go and she has put a fence up and she had to cover the bottom part cuz we have neighbors on the corner of Ipsswitch
that has two or three little girls that lets them run run at night that's little and they like to go in there and dig out dig dig dig in her yard and everything and she's probably afraid of something going to be harming so she had to get something to to cause it to get go to
the So she does not have problems being you know with you know anything harming the children but my opinion she has done nothing but beautify that neighborhood and we I live
by the rule of live and let live I do not know if you have gone down IPS branded court is a five house culde-sac we mow yards when first one starts mowing but if you go down IPS switch you will see boards on windows. You will see
cops out there for uh drugs. You will see other people with boards on their windows. You will see she is the model homeowner in my opinion. I have been there 35 years and I cannot believe that
somebody's going to say something on that house. I mean, it's ridiculous. Her house is as high. Her fence is just as high as anybody else's. Matter of fact, if you really want to know the truth of this, is this going off just a little
bit? But may I go? >> Let me bring you back on in. >> I know. I'm I'm on in. I'm in my house. Okay. >> I could go down that street and I could go write up something every house and keep you busy for the next six months.
>> Okay. But I would never complain on her because there's nothing to complain about. >> But we got boarded windows. We've got everything. >> But I am I'm I'm I'm a I live with somebody that has junk in their backyard. I'm a live and let live. He has no absolute. And as far as those
letters written in one of the letters is supposed to be Ethel Turner, my next door neighbor. I'm surprised she would even write anything in. >> Okay. Well, we appreciate your opinion today and you coming up to tell us that you're in agreement with her. >> She is one neighbor I would love to live
next door to. And compared to what you will go down that street and see in 35 years, shame on anybody complaining against her. Thank you. >> Thank you. Thank you. Is there anyone else? Seeing none, what is the motion of
the board? >> I have a question. Oh, I'm sorry. There's a question. >> I have a question for Mr. Bodie. >> Okay, go ahead. Exit in the mic. >> Mr. Bodie, I have a question for you. Does this variance do anything for their code enforcement action? >> Yes.
>> Okay. Thanks. >> Okay. Okay. >> Yeah. Good. >> Dr. this. >> I'll make a motion to approve the six variances as depicted in the survey provided by the applicant dated February
26, 2024. >> I'll second. >> Okay, we have a motion to approve by Dr. Bass and a second by Mr. Hoffman. I'm going to read the six variants. You can come back to the podium. I'm sorry.
that special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested with conferring an applicant
any special privilege that is denied by the provisions of this chapter to other lands, buildings or structures in identical zoning classification. That literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties and identical zoning
classifications and that the variance granted as the minimum variance that will make possible the reasonable use of the land, building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter. We have a motion to approve by Dr. Bass,
a second by Mr. Hoffman and we'll go through the board for individualized vote. Miss Clemens, >> I approve. >> I approve. >> I approve. >> I approve. >> I approve. >> Your variance have passed. Thank you. >> Thank you so much. >> Thank you so much. >> Thank you. You're welcome. Have a great
day. >> Mr. Bod, can we have our next applicant, please? >> Yes. Item H4, William R and Sharon Molex Palmer. request v three variances of chapter 62 article 6 boulevard county code for a
swimming pool and a swimming pool screen enclosure in an RU-1-9 zoning classification located tax account number 2419052 in district 2. >> Okay, come on up to the podium. Good afternoon. >> Good afternoon.
>> Do you swear to tell the truth, the whole truth, and nothing about the truth? >> I do. >> Can we have your first and last name for the record, please? >> Yes. Monica Pritchard of Goldman Hanacher and Betine. >> How can we help you today? >> I represent Mr. and Mrs. Palmer. They're here in the audience today as well and they are happy to speak on their own
behalfs as well if anybody has any further questions. But my clients desired to build a pool and they hired a pool contractor in order to do so. >> About seven months into building, is that correct?
>> Seven months into building. So, they already have the basin in. They've got the pavers in. We've got a whole pool. They received notice that there was going to be a hold on their validly issued permit because variances were
needed due to the fact that the pool was located in the front yard. So, since then, this has created obviously a nightmare for them. Um, and the project has been on hold for months at a time. um and they have been unable to complete
the project. The pool is, you know, currently a safety risk because it is open and in the front. Um and it's built. We're talking about a built structure in a pool. In order to have this writed, we need three variances
granted. And as you can see by the renderings, they are in black and white. My client did provide them for me in color and I'd be happy to give them to you if that would be more helpful >> as to what this is going to look like. Magn.
>> Yes. Thank you. >> Okay. Thank you. So, as you can see by the pictures and everything that in our application, we're talking about an a structure that's already existing in their home.
The way that the property is facing, I don't know if you are familiar with the street, but they have no forward-facing neighbors. So neighbors from the side may have a slight view. Um it would be semi-obstructed by some of the
vegetation and the things that are there, but they may have a slight view, but there's nobody forward facing. Anything else here? Okay, this is in district two. Miss Clemings, you want to start off with questions? >> I don't have any questions. It's pretty
straightforward. >> Yes. Thank you. >> Okay, >> I have questions. >> Okay. >> Yes, Mr. >> I do, too. >> Okay. Well, come on down the line. >> Okay. My question is uh the house faces
uh it looks like is that Bvard County property that it faces which is on the waterway >> I believe. So it's a it's a sanctuary. It's unbuildable in the front. So they'll never have forward- facing neighbors. >> All right. So that is a Okay. That's a a
restricted property as far as building another house there. >> Yes. Okay. That's my question. So, usually a a uh swimming pool is uh permitted by a uh separately um certified contractor as opposed to the
building contractor who would have uh pulled permit on the house. So, I'm asking did the pool contractor pull a permit for the pool? >> Yes, I believe aquatic pools applied for the permit. >> Okay. Is that correct?
>> Yes. >> Yeah. >> Um, were they aware that the uh that the pool was going to impinge >> forward of the house? >> I can't speak for aquatic pools. >> I'm not. I'm here on the Palmer's
behalf. I can tell you that my clients were completely unaware and relied on professionals and the approval of the county and have received approval from the county every step of the way because this pool has been inspected multiple times at this point.
>> Okay. Have you approached well um has your client approached the pool company to rectify this physically? >> We have >> move the pool. We have separate conversations going with aquatic pools, but at this
point in time, given that the pool is, I would say 80 to 90% complete at this point, we're looking for a variance to be granted. >> Okay. Still, the pool contractor is responsible for this.
I I meant to phrase that as a question. >> Are you asking me? I believe that the pool contractor is responsible for this. >> Yeah, I'm asking that. >> I believe that the pool contractor applied for this permit and should have enough knowledge about applying for
variances and apply and putting in pools in the county given the size of this pool contractor and how many pools that they've built. I'll summarize what you just said is yes >> if that is your summary. [laughter]
>> So my only question again I have to just see it in my mind and understand this fully. >> Yes chairman. No. >> So it was the pool company. Um but they they issued a variance at first in error. That's what they're saying, right? And now they needed Oh, they didn't do it in error. >> There was no variances applied for.
There was a permit applied for. the permit was approved. >> So there was no variances issued an error. If anything, the permit was issued an error because the permit they should have been told that variances would be needed for what they were
looking to do. >> And I could understand if we were in the initial stages of this, but we've got a pool. >> Okay. So now we have this pool in the front of our house. >> We do. Um, and now you need the variance to finish
up the last leg of the pool to make it in code. >> Correct. >> Correct. Okay. And I see you also send us a copy of the pool alarm. That's just to shows you have alarm on the pool. Is that what that was for? >> Yeah. I mean, they're taking every safety precaution that they can.
>> Okay. Okay. All right. That's my question. >> Is Is there a I'm sorry, I have another question. >> Yep. Um, is there a copy of the uh the drawing that was used to pull the permit? >> I believe is that what this is? >> I think you I think the drawings that I
attached are stamped. >> I think this one. >> Yes. You can see that the drawings that like the map of the boundary survey where it shows the pool in the front that is stamped and this was used as part of the permit application and you
can see where it says reviewed up top um along with I included a copy of the building permit and these were all attachments to the permit >> the renderings as far as um what the pool would look like.
This is what's included, but this is in color, so you can see it better than the black and white application. >> But are they are the drawings consistent with the the final? >> The drawings are consistent with the final product. >> Okay. >> Yes. >> So they >> there's been no change in
>> no change into the design. >> No, there's been no change. >> All right. >> Okay. Mr. Humber. >> Yes. I have a question for Mr. voting here. >> Okay. >> In the in our handout here, it says the permit for the swimming pool location
was issued in error. What exactly is that mean? >> Means that the reviewer for the zoning department made a mistake and didn't review it for being in front of the front building line along with the screen enclosure that's going to be in the separate permit. >> The county person we're saying, correct?
>> The building permit reviewer for the zoning department. So, I'm a little confused. So, they put the swimming pool in the right place in the wrong place. It was supposed to be in the back. >> Now, >> the code requires a swimming pool to be
5 feet behind the front building line of the house. The front building line of the house is the line that's most forward of the house. So, it has to be 5t behind it. >> [clears throat] >> The screen enclosure can be up to that but can't be over it.
>> So I understand your question. Your question is did somehow this change? It didn't change. >> My question is >> the reviewer was wrong. >> How did nobody notice they're putting a swimming a giant swimming pool in the wrong place? >> And unfortunately my clients are not
real estate attorneys. That's my job and I got brought in >> after this. So, my clients applied with they told their pool contractor what they wanted to do. The pool contractor applied for the permit.
The it was always meant to be built in the front yard based on the renderings. >> And it wasn't until the pool was about 80% to 90% completed that construction was put on hold. And that's when it was noticed that variances were not applied
for and a permit was approved in error. Any other questions? >> No. >> Anybody else have any other questions? Board members. >> Okay. I'm going just ask the audience. Is there anyone in the audience that like to oppose or in favor of this would
like to speak? Seeing none, come on back up. >> Who would like to make a motion? I make a motion to approve the variance um as requested depicted on the survey provided by the applicant with the revision date of 12 2026. >> I'll second that.
>> Okay. We have a motion to approve by Miss Clemings, a second by Dr. Bass. >> Just to clarify, you're uh talking about all three because there's actually three. I make a motion to approve all three variance requests as depicted on the
survey provided by the applicant with the revision date of 1 12 2026. >> I will second that. Okay, I'm going to read the six [snorts] that special conditions and circumstances exist which are not
applicable to other land, structures or buildings in the applicable zoning classification. that the special conditions or circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings, or structures in identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed of by other properties in identical zoning classification. And that the variance granted us the minimum variance that
would make possible the reasonable use of the land, building or structure. And that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved otherwise.
We have a motion to approve and a second. We'll go by the individualized board members. Mr. Hoffman, >> I oppose. >> You [clears throat] oppose. Dr. Bass, >> I approve. >> You approve myself? I approve.
>> I still have some questions. >> Where you been? >> But uh I opposed. >> You oppose? >> Yeah. Unless I can get some answers. So, >> um do we stop now? Lawyer and Mr. Attorney. [clears throat] you can uh withdraw the motion and okay
open. >> I'd like to withdraw the motion so we can answer his questions so we [clears throat] can work on his variance today. >> Um I'll withdraw >> and and you can open it up. >> Open up for discussion. Mr. Hbert,
>> Mr. Bod, I just want to make sure I understand. You said it has to be the pool would have to be even with the front of the house. >> No, the pool has to be five feet behind the front of the house. >> Behind the the front of the the
building. >> Yes. >> The actual building of the house, right? >> Yes. >> Okay. >> And it's our understanding that with the variance that would take place and it would be okay. Correct. >> Yes. They had three different variances
to take care of this problem. >> Okay. It is in the front yard. It always was in the front yard. This is the >> the pool never moved. >> This is a new pool, right? >> That's a new pool. >> They approved it. So, the He's saying that the distance from the front of the home to the pool needs to be at least 5 ft.
>> So, let's discuss this out loud because I want to make sure we're all clear. >> So, the pool was built. It's new. It was in the front yard. It never moved. It's They just didn't have a variance for it. They had a permit for it, but not a variance. Correct. >> Correct. And now they have to come for
three variants to get it approved. So that now they can enjoy their pool in the front yard. >> Well, they can complete the construction. >> We'll complete the construction almost there. We're >> 80%. >> We're 80 to 90% there. >> Would it be the only pool in the neighborhood in the front yard?
>> It's on a dead end street in Merit Island where >> I'm asking this lady. >> This is the attorney. >> It looks like it from the aerial. Yes. >> So on that street, correct? But like I said, my client, if you look at the aerial of the neighborhood, there is
nobody forward facing to them. >> It's an unbuildable area. >> My question was, is that the only pool in the neighborhood in the front yard? >> To our knowledge, there are about 12 others in the vicinity in that street. >> Thank you,
[clears throat] Okay. >> Okay. >> No more questions on that. >> All >> Anybody else have any questions? Just so we all get an understanding of this. >> Well, thank you. Now, we would like to make a motion. Who would like to make the motion, please? Miss Clemens.
>> Again, I make a motion. I make a mosh. Sorry. I make a motion to approve all three variance requests as depicted on the survey provided by the applicant with a revision date of 12206. >> Do we have a second? >> I second.
Now we will do individualized votes. >> I still oppose. >> Mr. Hoffman oppose. >> I still approve. >> Miss Dr. Bass approve. I approve. >> I'm opposed. >> Mr. Hberg opposed. Miss Clemens approve. >> I approve.
>> This motion have just passed. Now, do I have to read the six points again? Just to be safe, I will. >> Thank you. [clears throat] >> That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special
conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures
in identical zoning. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification. And that the variance granted is the minimum variance that would make possible the reasonable use
of the land, building or structure. And last, that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to approve a
second and we have two nays, but this variance has passed. Thank you. >> Our next one, Mr. Bod, please. >> Yes. Item H5, Johnson Family Trust request seven variances of chapter 62, article 6, Bvoulevard County Code for
accessory structures in an AU zoning classification t located tax account number 2413235 in district 2. >> Good afternoon. Do you swear to tell the truth, the whole truth or nothing but the truth? >> I do.
>> Can you state your name for the record, please? >> Yes, it's Zara Shaw. Z A R A H. Zerat, thank you. How can we help you this afternoon? >> So, I'm here on behalf of the Johnson Family Trust uh that they own five acres of Merit Island. Uh it's also home to
Johnson Tree Company. The Johnson Tree Company operates a palm tree service and they plant and garden and do other things. Uh >> I will. So, the uh what we're looking for it
says six variances. Uh along with this business, it requires equipment uh trucks, trailers, and things like that to operate the uh tree service. And as part of that, along the east side of the property, they've erected equipment covers if you will, carports, things
like that. They've been up there for a couple of decades. Uh in fact, some were probably replacing other structures. Uh I have a photo here if it would help >> demonstrate. maps. >> Oh, you want to put it in the um to show us or No, >> no, that's okay.
>> Oh, okay. >> Sorry. So, that is some of the variances requested along the east side of the property. On the south side of the property is the house garage/workshop and an RV uh cover. I'll speak first
about the house. The house was the original post office in Merit Island. It was built 1936. The house and the garage associated with it. Uh it's unlikely that there was any setback restrictions and it certainly uh would have met any requirements. Uh so
the house has been there a long time, 90 years, and that's a couple of more of the variances. >> And the third one is the RV shelter that was probably put up about seven or eight years ago. Uh unfortunately when it was erected it extends beyond the facade of
the house but not beyond the fascia board if you will or the sophet so it's just really close to meeting the requirement of being uh at or behind the front of the house. And I also have a picture of that I would share with the board that shows the post shows the post
from the RV cover and the facade of the house. and there are no complaintants. Uh they have a great relationship with the neighbors to the east which is an empty 4.3 acre lot and a great relationship with the neighbors to the north which is
44 point some acre empty with the exception of a house on the river. So, it's just a a an agricultural working tree farm and they just like to keep their equipment dry out of the weather and they've been there for a couple of decades and so we would just
ask that you guys look at and consider approving the variances. Okay. >> I see this is in MC Miss Clemings district. >> Would you like to start with the questioning? >> Sure. Can you tell me what number on the
um boundary survey that you provided? What number this is? >> I'm not sure which one was provided. I'm not sure which one was provided. That was quite a while ago. >> Perhaps Mr. Bod >> of these three structures on the east side of the property.
>> Sure. >> It's all three of those. Okay. I'm good for right now. Well, actually, let me take that back. And then this one, I'm assuming is this pad in the front. >> Which one?
>> Okay. >> Really need to speak into the microphone when addressing the >> board. So, the second picture he provided is number six. on the survey, boundary survey. And then the first picture he provided is numbers one, two,
and three on the boundary survey. >> This one, >> and one, two, and three were erected about five years ago. Is that right? >> Which ones? If you I'm sorry. >> The RV cover. No, that was number one. >> Just the just the RV cover was maybe
six, seven years ago. That one. >> It says five on the form. >> Okay. >> And then what about this one? Was this >> couple of decades? >> Couple of decades. >> Yes, ma'am. And in fact, I think believe some of those replaced original ones that were there preceding that. >> I'm assuming no permits pulled on either
of those. >> I I I'm not sure. >> Okay. Would you know the answer to that, Dr. >> The RV cover is is for variance number five and variance number seven, >> right? But no permits are pulled, correct? >> Pardon? >> We don't have any active permits on to
file for those. >> No. Okay. I think that's my questions for right now. >> Okay. Thank you, >> Mr. Humber. >> No questions. >> Dr. Bass. You said that this property is being
used as a business. >> Well, it's it's a combination home and then they run Johnson Tree Service uh out of on that property. So, it's 4.91 acres. And it's residential? >> No, ma'am. It's agricultural.
>> Okay. The property directly to the east which is vacant, is that residential? >> I can't speak to the uh classification or I just know that uh >> the pro the property to the east is also
zoned AU agricultural residential, the vacant parcel to the east. >> Thank you, Paul. And there is a house to the west. >> That's a home. >> Yes. >> And yet your property is being used as a
business. >> It's It's not my property. It's a Johnson family trust. But yes. >> Okay. I don't have any more questions. >> Yeah, I have a question. Yeah. um property to the east, the the property
to the east, the one that is vacant, there appears to be a tree line right there along the uh boundary. >> Mhm. >> What is the drainage situation on that property to the east? Does your water go over onto that? Does
that have its own drainage? >> I can't speak to that. I haven't seen I just don't know. And uh to be honest, I I don't know that it's ever come up with the Johnson family. And uh I know they have a great rapport with the neighbor.
In fact, we offered to come and speak to this if needed, but we told them we didn't need it. >> Well, my concern is that the the house to the west >> looks like it it's right on the boundary. >> It is. And and
if they tried to develop this property to the east, your sheds are going to be right on that boundary line if they decide to cut off, as they did here, a flag lot for a a residence or something.
And I was just wondering if, and you can't answer this, but I'll explain my my thoughts. >> Okay. are there might be a drainage easement there that would save you from having them come too close >> I see
>> to the to the fence on that side >> duly noted that's smart right and you're talking about the east property right >> the east property is is there a a reason for there to be a buffer there >> I got you >> to any future buildings >> I appreciate that
>> but you don't have the answer to that >> I don't have the answer to that >> because we don't have a survey that shows I probably will call Paul in the next couple of days and ask him. >> Well, it's unless we know in the next five minutes. >> Well, [laughter] I understand. I didn't know it was crucial to the decision. So,
I mean, >> it's a thought. >> It eases the >> I doubt if there's any um drainage easements on either of these properties. They aren't really platted properties. They're Yeah. pretty big sections of land that was subdivided
sometime in the early 20s or 30s probably. >> All right. >> Of not this year. >> Okay. >> I mean, not this uh millennium. [laughter] >> All right. Thank you. >> Yes, sir. >> So, my only question would be um maybe
Dr. Bass. So, that house to the left, so that means someone's living in that house, right? That's a residential. Then you have the AU and you're not and the other side is AU as well. But you're just asking us for seven things today.
>> That's correct. >> And that's because this house was built in the 1930s. So I get it. Okay. I have no questions, Miss Clemens. >> I do. And it's for Paul on
Num on the variance request of number four. What is that structure? What is the number four structure? >> I would have to look at the map. I could answer it, but >> it's the very front of the home.
>> I think that's the detached garage that's right in line with about the front of the house. >> Okay. God had all this property and you just stuck it right in the front. [laughter] >> That's a lot of property. Yeah, >> it was a long time ago. I get it. >> I wonder what they were thinking in 1936.
>> And um the next question is this is the only access to the property on this far east side. Is that correct? Or is there because I see fencing. So there's the entrance that you see adjacent to the house on the east of the house and then they also have an entrance on the west side
>> that >> there's a fence along north tropical trail. Actually there's two penetrations through the fence onto the property. >> Okay. >> To make it easier to bring in and take out trees. >> I don't really have any other questions.
>> Okay. Dr. Bass, you have a question. >> I have another one. So, uh, variances 1, 2, and three are the ones that are basically adjacent to or on the property line, which is to the east.
>> So, so none of the property, none of the variances, none of them are on the property line. They all are off the property line. They exist, >> correct? >> Six or seven feet onto an easement, a 15t easement, I think. So, none of them are on the property line. >> Dr. Bass, this is one, two, and three.
Mhm. >> I'm just asking where it is in relation to this to the empty land. >> One, two, three. >> Yes, empty land on the east. >> Excuse me. Just a point of clarification. >> Yes, sir.
>> Well, you said 15t easement, but you meant setback, correct? >> Okay. Yes. >> Yeah. Easement's a lot different than a and that would have affected the other [laughter] >> understand this is not my business, so I'm going to misspeak. I apologize. Any other questions?
Okay, let me see if there's anyone in the audience that like to oppose or speak in favor of this. Can you come forward? Seeing none, you can come back. Miss Clemens, how would you like to vote? >> Yeah, I don't think anybody's upset. Um,
I make a motion to approve all seven variances as requested depicted on the survey provided by the applicant with a revision date of 1216 2025. >> I'll second. >> We have a motion to approve by Miss
Clemens, a second by Mr. Hburgg. Now I'll read the six points. I should have had them out. Sorry. that special conditions and circumstances exist which are not applicable to other lands, structures or builders in the applicable zoning classifications. That the special
conditions and circumstances do not result from the actions of this applicant. That granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands. that literal enforcement of the
provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classifications under the provisions of this chapter and that the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure
and that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved. We have a motion to approve, a second. We're going to do an individualized vote. Mr.
Hoffman, >> I vote to approve. >> Dr. Bass, >> no. >> I approve. Mr. Humber, >> approve. >> I approve. >> Okay. Your variance have passed. >> Thank you very much. All of you. >> Our next
variance, please. Mr. Bod. >> Yes. Item H6. Sean Matthew Halisbar request two variances. Chapter 62, Article 6, Bavar County Code for the lot width and lock size in a GU zoning
classification located at tax account number 242180 in district 1. >> Is the applicant here? >> Sean Matthew look like they're not here.
Calling one last time for Sean Matthew Hzbar. Okay. Can we go on to the next variance, please? >> They were supposed to be represented by Ernie Hardy. Is he here? >> Is Ernie Hardy here?
Seeing none coming to the podium. >> Would y'all like to table it to the next meeting? >> Yeah. Do we need to table this? >> We could table it. We could table it to >> I make I make a motion that we table this uh application until uh the next meeting which is going to be the date of
April April 15th meeting. >> I'll second that. >> Tax day. >> All in favor? >> I I >> Okay, our next order of business, please. Application 87 Kurt and Corninia
Fallbacker request variance chapter 62 articles six BVAR county code for a pool screen enclosure in a PUD zoning classification located tax account number 2627742 in district 4. >> Okay. Good afternoon.
>> Good afternoon. >> You swear to tell the truth, the whole truth and nothing but the truth. >> I do. Can you state your first and last name for the record, please? >> Timothy Sap. >> How can we help you today? >> Uh, I'm here today on behalf of K and Karina Fallbacker. [clears throat] We are requesting a
variance to allow a modest expansion of existing pool and screen enclosure uh that is partially located within the required building setback. Uh the property contains legal established improvements including a residence and a swimming pool uh portions of which are
already within the setback. These existing conditions significantly limit the remaining buildable area on the lot. The request represents the minimum relief necessary to allow the reasonable use of the existing pool area. [snorts]
>> Thank you. >> Okay. I see this is in your district. Dr. Bass, would you like to start with the questioning? >> Yes. Uh it looks from the picture that I have here uh that the uh pool is on the east side of the house and that is on uh
the waterway. >> Correct. >> So you're not impeding anybody else's home or anybody else's view or any access to the waterway with this? >> We are not. No, >> it looks pretty straightforward then in
my mind. >> No more questions. Thank you. >> Okay, >> Mr. Hoffman. >> Uh, no, >> Miss Clemings. >> Yeah, no questions. >> Um, I can't quite tell. Are there is there fencing throughout the entire property? >> No,
>> there's no fencing at all. >> Fencing. >> Okay, no more questions. Is it going to be a fence around the pool? >> Oh, there's a screen. Okay. >> All right, Mr. Humber.
>> Uh, no. Well, hang on. No, no question. >> Okay. Well, I'll see if there's anyone in the audience. You can step to the side, please. Is anyone here speaking to
oppose or in favor of this variance? Can you come up now? Seeing none, come back. Dr. Bass. >> Yes. Yes. I make a motion to approve the variance
depicted in the revision of January 15, 2026. >> Do we have a second? >> I second. >> Okay, we have Dr. Bass to approve. A second by Miss Clemings. I'll read the
six steps that special conditions and circumstances exist which are not applicable to other land, structures or buildings in applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance
requested would not confer with an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other
properties in identical zoning classification under the provisions of this chapter. And that the variance granted us the minimum variance that would make possible the reasonable use of the land building or structure and that the granting of the variance will be in harmony with the general intent
and purpose of this chapter and that such use variance would not be injurous to the area involved. We have a motion to approve by Dr. Bass, a second by Miss Clemens, an individualized vote. Mr. Hoffman, >> I approve. >> I approve.
>> I approve. >> I approve. >> I approve. >> Your variance have passed. Thank you. >> Thank you very much. Have a good day. >> You're welcome. Our next variance, please. Item H8, TNM United Corporation request variance chapter 62, article 9,
Bvoulevard County Code for a freestanding sign in a BU-1 zoning classification located at tax account number 2413742 in District 1. >> Good afternoon.
Um, just go to the mic. Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. Can you state your first and last name for the record, please? >> Carmine Ferraro, Crossover Commercial Group in Care, representing the applicant TNM United Corporation. >> Okay. And how can we help you this
afternoon? >> Yes. Um, I am here today on behalf of TNM United to ask you to give consideration to the approval of a variance for a height restriction that is in the BU1 zoning category of 20 ft
for an existing sign that we have on the property. The reason we are standing here asking for this today is part of the process of refurbishing this existing gas station that's been on the corner of US Highway 1 and High Point
Drive for over 25 years is now finally ready to get a full renovation. They're going to tear down the existing gas station. They're going to build a new gas station with a restaurant. And they are addressing parking issues. is air addressing all kinds of things as part
of the normal site plan process. However, as key to this business has been for 25 years, as I'm going to go into a little more detail, is that this sign is primarily necessary for this business. It's an existing highway sign
which has been as again servicing the committee for 25 years. We have been told we cannot get the site plan to the next stage of review and approval unless we receive a variance for this sign because it's non-conforming due to the reason of wanting to demolish the
existing gas station. So I'm going to go ahead and present just a small presentation. We have a picture up there for you. Is that on your screens or do you need a copy of it? Okay. So, as I said, the sign's been existing for over 25 years, servicing the community as a
highly visible directionary sign to this primary refueling station. As stated, it services the traffic, transit traffic on US Highway 1, as well as the transitory traffic between Orlando and Bvard County
that comes along the east and west uh sides of the 528B line expressway. I would point out it is the only primary refueling point from Orlando airport to Bard County. So people that are driving
along State Road 528 are benefited by the visibility of this sign to determine I need to get off of 528 and get gas so I don't run into a situation. The sign does not create any safety
concerns, blocking or hindering any kind of visibility to critical installations. No airspace is violated, nor are any airport zones. The sign does not impact any residential area. Fronting US Highway 1 and High Point Drive. This is
a commercial area. To the south, we have a hotel. To the east, we have offices all the way to the high point of High Point Drive. We have vacant commercial land. to the north and to the east we have US Highway 1 and then more uh transitionally the Florida East Coast
Railway. Additionally, if any of you are familiar with this area, you know that High Point is one of the higher points. I got in trouble many years ago for saying it was the highest point, but it's one of the [snorts] higher points in Bvard County.
We sit at the bottom of that on US1. It goes to a peak and then it transitions down to the Indian River where all the residences are located. So there's no direct impact to any residences whatsoever. There are no adverse comments from the
staff report that's been provided to you. And finally, I'd like to point out that we have a precedent to ask for you to consider in our request for approval. Your board recently approved a similar request for a company under the name of Park and Cruise back on
uh November 19th of 2025 where we share similarity with this. The request was proved that had a highway sign visible to 528. Where we are less impactful to you in terms of supporting our request is that
they received 60 ft over the height of their 20 ft and we are only asking for 40 ft. Whereas they required a variance for uh excuse me increase in the size of the sign, our existing sign which is 12 by 12 will remain the same. Therefore,
it stays underneath the requirement of 150 square ft. >> We would just ask that you give these considerations as you consider this request. We would ask for your approval today. Thank you. >> Thank you. Well, that's district one. That's my area. But we I'm going to
start off the question with Mr. Hoffman. >> May I say something really quick? Yes. Is he authorized? Is he the Because I didn't he his name didn't match. [clears throat] >> Yes, he got authorized a couple of days ago or so. Last week, I think it was. >> Okay. Mr. Hoffer.
>> So, there was some controversy over that previous approval. Uh we were admonished after the fact by the Merit Island uh community, whatever. Are you within any of those overlays
of of other authorities? >> I do not believe we are. No. >> Okay. I don't want another repeat of that. Uh that's all I have. >> Okay. [laughter] >> Dr. Bass, >> I have no questions.
>> I'm just going to say I do remember this very well and um I definitely approved the other one and and let me just say this. I'm a New Yorker, right? And I believe in these signs because when you come into an area and you don't know the area, you need to see signs. You can't see late at night, it's dog out here,
you know, you need to look up and see a sign. So, I definitely um >> Yeah, >> it's going to be much prettier, too, if you see it. Really, [laughter] it needs a facelift. >> Yeah. Yeah. Um Mr. Humber, >> no questions.
>> No questions. Miss Clemens, >> see confirmation. The height currently is at 62 feet and the variance request is for 40 feet over >> the uh current height is at uh 60 ft
>> and uh the uh variance request would be 40t over 60. >> It says 42 feet. >> Oh, 42. I'm sorry. I'm looking at the actual rendering. So if it says 42, that is correct because they measured it. >> So it is currently at 62 feet. >> Yes.
>> Yes. [cough] No questions. >> Any other questions? Anyone? >> Okay, just step aside. Is there anyone here that would like to oppose or speak in favor or against this variance in the audience? Seeing none, come back, please.
>> Okay. Who would like to make a motion? >> The Hoffman. Yeah, I'm going to have to get my glasses out to get surveys and stuff. Um, I make a motion that we approve this uh height variance for the sign um in this application
in accordance with the survey dated. I may still need help even with my glasses. >> 65. >> Is it 65 >> 2025? >> Oh, there it is. Okay. 65 uh 2025.
Do we have a second? >> I'll second it. >> Thank you, Dr. Bass. So, we have a motion to approve by Mr. Hoffman, a second by Dr. Bass, and I'll read the six hardships. The special conditions and circumstances exist which are not applicable to other land, structures, or buildings and applicable zoning
classification. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance request would not conferring the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings or structures in identical zoning classification. That
literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties and identical zoning classifications. And we have that the variance granted us the minimum variance that will make possible the reasonable use of the land, building or structure.
And that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Mr. Hoffman, a second by Dr. Bass.
Individualized vote. Mr. Hoffman, >> I approve. >> Dr. Bass, >> I approve. I approve. >> Opposed. >> Opposed. >> Okay. Well, this variance have passed. Thank you very much. >> Thank you. >> You're welcome. Can we have the next variance, please?
>> Yes. Item H9, Shep Towing LLC request two variances. Chapter 62, article 6, Bvoulevard County Code for offense in a BU-2, zoning classification, located tax account number 2718894
in District 4. >> Okay. Good afternoon. >> Hey, how you doing? >> Good. Can I swear you in? Do you swear to tell the truth, the whole truth, and nothing but the truth? >> Yes. >> And can I have your first and last name for the record? >> Uh, first name Gregory, last name Shephard. >> Okay. How can we help you this afternoon?
>> Um, yes. So, um I'm here today [clears throat] asking for um approval on the variance that I have a um impound yard here located on Aurora Road. Um well, you'll see there's other
uh tow yards there. Um right now I'm out of compliance because my fence that I need to put up need to be at least 6 foot tall >> and it's and the approved Can I Can I bring this up real quick? >> Yes. Okay. I just want to bring up a
couple things. >> Thank you. Thank you. >> So, what you what you see in the blue is the one that's actually approved. The one in the red is the variance that I'm asking for. And you could clearly see that um
I need that space. If I don't have that space, I'm I could I'm going to lose out on about 30 about 36 cars. And the approval part, I could only possibly get 10 in there. But my truck, you can see how big my trucks are when we bring them accidents
um bringing them in cuz we approved with uh Palm Bay, Melbourne, West Melbourne, and the Atlantic um police rotations. So, we can't even get the truck in there to even back the unit unit up if it's if it's if we go with the blue. So that's why we asking for the uh variance that
you see in the red and the height so we can meet so we could be in compliance with the police department. >> Okay. I see this is district 4. Dr. Bass, you want to start with the questioner? So this is uh your property is actually
on Aurora Road and Croin Road right on the corner. >> Well, not Croin. Um Hibiscus Hibiscus. Oh, >> okay. All right. >> All right. Uh, and this is a business, correct?
>> That is correct. >> No, I don't have any other questions at this moment. >> Okay, Mr. Hoffman. >> No questions. >> Okay. My question would be I just need to get make sure I get an understanding. This is a toll service business and what [clears throat] why we need this fence,
a six-foot tall fence, is because it's going to help you get more cars within your area and to block it off. Correct. Is that what you're saying? >> Okay. Um that I didn't explain myself um accurately. So the requirement the police department uh they require six
foot. Correct. >> Okay. So you're bringing a lot of damaged vehicles in there. You don't want no kids trying to camo the fence, >> right? >> Because you got a lot of broken glass, um, metal and stuff like that. So, it's to prevent people from coming in and also
protect the the valuables of that customer uh, cars that you picked up. >> What's presently up right now? >> Uh, nothing right now. >> Oh, it's just empty. >> Yeah. >> Oh, okay. So, you don't even have a fence up? >> No, it it was a fence there, but it was a 4ft fence. >> Okay. So, um, I already talked to the
police department. They okay that I told them that I got a variance coming today. So, here I am today. >> Okay. >> So, you need to So, you really need a variance to protect the public, to protect the safety and protect your business as well. Okay. No more
questions. Mr. Humber, >> you're not a certified impound lot for the police. You're just trying to make yours more secure, correct? >> No, no, no. >> I got contract with Palm Bay. >> Oh, you do? Yes. Pal West Melvin Melvin.
Uh there should be a copy there. >> This is something new, right? For you. >> No. >> No. I had a lot before in >> No, no. I mean in this location. >> Yes. >> Yeah. Okay. >> Oh, this is a new location for you. Okay. >> All right. Thank you,
>> Miss Clemens. >> No questions. >> Okay. Let me see if there's anyone in the audience. Just step to the side. Is there anyone in the audience opposing or in favor of this variance would like to speak? Seeing none, come back.
Dr. Bass, >> I'll make the motion. >> Yes. >> I make a motion to approve the two variances as depicted in the survey 11125. >> Do we have a second? >> I'll second.
>> Okay. Dr. Bass approved. We have a second by Mr. Humber. And I'll read the six. That special conditions and circumstances exist which are not applicable to other land structures or buildings in applicable zoning classification. That the special
conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings or structures in the identical zoning
classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by the properties in identical zoning classification under the provisions of this chapter. And that the variance granted is the
minimum variance that will make possible the reasonable use of the land, building or structure. And that the granting of variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public
welfare. We have a motion by Dr. Bass to approve a second by Mr. Hberg and we're going to do an indiv individualized vote. Mr. Hoffman, >> I approve. >> Dr. Bass, >> I approve. >> Sonia, I approve.
>> I >> I approve. Your variance have passed. >> Thank you. >> You're welcome. >> Okay, Mr. Bod, can we have our next one, please? >> Yes. Item H10, Elevation Renovation LLC,
request two variants of chapter 62, article 6, Bvar County Code for principal structure in an RU-1-11 zoning classification located at tax account number 2431983 in district 2. >> Good afternoon.
>> Good afternoon, honorable board members. Uh, my name is Cliff Reperger. My business address is 21101 Waverly Place, Melbourne, Florida. I'm an attorney with the law firm of Whitebird and we represent the applicant Elevation Renovation LLC. Um, we do have um we do
have some I don't know if can I access the electronic copy of the survey in the aerial from here. I don't know if I could do that or I could just pass out the hard copies if that makes it easier. >> You could put it Yeah, put it under the lamp there. You could use that. Let me
Why don't I just Can I approach to pass these out? >> Yes. >> Yeah. >> Can I interrupt for just a second? >> Sure. >> Um, this question is for you, attorney. I received notifications for my proximity for both H10 and H11. Is there
anything I need to do? I lived >> I live in proximity of this property and then I own a property in proximity of age 11. >> Yeah, that that might be a conflict. Um you might want to recuse yourself from
the considerations on these. >> Okay. Do I still ask questions or no? >> You can. Okay. >> Uh but you won't be able to vote. Okay. >> Not to not to counter your board's
attorney's opinion. I I don't think you have a conflict because I don't think you have a any financial interest in the property, but certainly if you uh see fit to declare a conflict, that's fine. We have no problem with you participating in the discussion, if you want to file the disclosures afterwards.
Um, as Mr. Bod indicated, the >> Wait, I'm sorry. So, what what do we what's the result? Are you going to participate or you're not? Are you going to excuse yourself >> for H10? I have no problem participating. >> Okay. >> She can ask questions or or participate
in discussion, but she's going to recuse herself from the vote. >> Okay. Thank you for the record. Go ahead. You can go. >> Thank you. You're welcome. So, uh, as Mr. Bod indicated, there are two variances that we are, uh, seeking today. One of them is, um, a rear setback, and they're both for a
residential structure. Um the residential structure is located um in the Riviera Isles uh platted subdivision. It's uh 1775 East Riviera Drive. Um the first variance that we're seeking is 11 ft from the required 20T
uh setback uh rear setback for the uh subject structure and the second variance is a.3T setback from the required 7.5 ft side setback to the north for the residential structure. Um if you look at the survey
that I've uh passed out, you can see that the um the the the areas in which the property the existing structure is uh currently encroaching into the required setback are out are indicated on the survey uh
in in red circles. And also you can see on the uh side setback on the north side corner is where uh the existing structure is in violation of the side setback. Um the existing structure has been in its current location for over 50
years. Um the property was built in 1973. Um uh our clients acquired the property in October of 2025. Um a after acquiring the property, they applied for a building permit um to do renovations uh
to the subject existing structure. Um the renovations are not planned to alter the footprint the existing footprint in any way. They're solely internal um primarily internal uh renovations um as far as uh but the footprint will
not be altered. there may be some uh external painting or modification in that way but but not going to impact the existing footprint of the structure. Um and again that the property has been in that location or been in that configuration since since 1973 I
believe. Um if you look at the aerial of the subject property you can see um that's the existing structure as it is today. And again we're not seeking to change that. We're just seeking to um to u seek approval for the uh deviation to the variances that currently exist so
that we can proceed with the renovations to the existing structure. Um it's worth noting that uh the the property is at the end of the culac. Um and so it is a pies-shaped lot that is more narrow to the front or to the east, I'm sorry, the
west side of the property. Um and so it more narrow it has more narrow frontage on its west side. Um behind the property is the Banana River. So there are no um there are no other uh neighbors or adjacent property owners that would be
affected by the uh rear uh variance that is being requested to that setback. Um as far as the side setback on the north side, um it's a very minor variance that we're seeking. Um there's also a letter uh of support in the package from the
neighbor to the north which we appreciate it um that they don't have any problem with the existing or w with the request as to the uh the the encroachment to the north that is currently existing. Um the the um we've
we've uh identified in the in the staff report. I know that you go through the criteria so I won't go through them all. Um, but we've identified uh the justification for the variance. Obviously, the the property has been in that configuration for quite some time. Um, and this will allow us to proceed with the renovations that uh that we've
applied for. Um, we're not seeking any additional any any any approvals that go beyond what would be allowable in that zoning classification for other residential properties. Um and uh we don't believe that it's uh well we believe that it's in harmony and uh that
it doesn't have any uh detrimental effect on the neighborhood and so uh we would respectfully request that you uh grant the requested variances so we can move forward with our renovation. >> Thank you Miss Clemens. Oh this is the one you're excusing yourself from. Correct.
>> Yes. >> Okay. I will comment that it will be a welcomed renovation. >> Okay. Duly noted. Mr. Hoffman,
>> uh just clarification, there's a uh 5-ft PUD easement that circles the entire plot uh parcel. And none of these variances
um creates an impingement on that um drainage easement. Um so I just don't see any problem with it. >> Okay, Dr. Bez,
>> I don't see any problem with it either. Um just in general looking to the culdesac to the north which is a house in the same location. Uh it looks like it may even be slightly bigger than this one. Uh so things were built differently
in the 1970s, weren't they? >> Yeah. >> 1973. I have no questions. >> I have one. >> Okay. Why even bother with the variance if you're only doing work inside?
>> The staff staff requires the variances in order to proceed with the building permit. >> Okay. >> I'm sorry. Say that again. We have to have the variance because of what? >> Because the because the structure is in violation of those setbacks >> that technically there's a violation
such that staff cannot approve the building permit. >> Okay. >> Have you had to have any Army Corps of Engineer approvals? Uh, I have our uh I have a our principal with us, Jamie D. Rosa. Do we know if we have Army Corps permits or are we required to get I I
don't I don't believe we'd be required to get any of those for internal renovations, but >> just for the records, do you tell the truth, the whole truth, nothing but the truth? Yes, ma'am. And can you state your name for the record, please? >> Jamie D. Rosa. >> Okay. And what would you like to say? To my knowledge, no. Um, we've only been
requested to come to the variance for the internal renovations, all interior, but the paint like you mentioned. Um, we applied for the survey, we applied for the permit, and here we are. So, that's that's all we've been required to do so
far because everything is interior. Um, it's on the water. It's the structures been there since I was born in 73. I grew up on some point place. Those houses were built with pen and paper, as you know. So, um, for for our knowledge, it's just interior and residential.
>> Okay. >> Good. Thank you. >> Okay. Now, I'm just going to ask the audience, is there anyone here that would like to speak to oppose or in favor of this variance? Would you like to come to the podium? Seeing none, come back.
>> I saw the letter, right, of approval. >> I'm sorry. >> You saw the letter of approval from the neighbor. >> Yes. And we have the letter of approval from the neighbor. Anyone would like to make a motion? >> Oh, you're going to make me read the
Yes. I make a motion that we approve both uh variances requested as shown on the survey dated >> 1017 >> 1017 >> 25 >> 25. >> Okay. A second. >> I'll second.
>> Okay. We have a motion to approve by Mr. Hoffman, a second by Dr. Bass. Now I'll read the six. And special conditions and circumstances exist which are not applicable to other land structures or builders in the applicable zoning classification. That the special conditions and circumstances
do not result from the actions of the applicant. That granting the variance requested would not confer with the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings or structures in identical zoning classification. That literal enforcement of the provisions of
this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification. That the variance granted is the minimum variance that would make possible the reasonable use of the land, building or structure. and that the granting of the variance would
be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved. We have a motion to approve by Mr. Hoffman, a second by Dr. Bass. Individualized votes. Mr. Hoffman, >> I vote to approve. >> Dr. Bass,
>> approve. >> I approve. >> I approve. >> Your variants have approved. Passed. Thank you. Our next variance, please, Mr. Bod. Thank you. >> You're welcome.
>> Yes. Item H11, J. Scrambal LLC requests variance of chapter 62, article 6 county code for the lot width and an RU-2-30 zoning classification located at tax count number 2426536
in district 2. >> Good afternoon. >> Good afternoon. >> You swear to tell the truth, the whole truth, and nothing but the truth. I do. >> And can you state your first and last name for us? >> Bruce Moya representing the property owner. >> Okay. >> I believe I'm the last one on the list, right? Last one.
>> Last one on the list. >> So, yeah, it's good to be in front of you guys today. Uh I have a uh request for a variance for a piece of property that we're going to redevelop in Merit Island. It is within the Myra district. Uh we did meet with the Myra board and
they approved the variance 70 to recommend approval by this board. Um the current property is a old we say hotel. I think it's more like a motel. Um built in the 70s again another old 70s
building. Um not really been kept in the best of of repair and um is is they're very much looking forward to redeveloping this property into a multif family development uh upscale with a lot of amenities. Um Myra's uh approved this
property uh in the redevelopment form for the site plan that's proposed. Um and [clears throat] what we did not know is the zoning that it has. Uh it does not have the required frontage. It's short by 10 ft. Um the property's been existence for a very long time. It
has it it's was kind of a unique piece of property. is basically a big triangle with like a flag stem that comes out to 520 which is the entrance not only to this property but also to um the alleyway that serves about five or six commercial properties along 520. So it
comes out to the light so it's a skinny frontage um but a very wide lot but the frontage is taken at the rightway and it's [clears throat] supposed to be 100t and it's only 90. So, we're asking for this variance of only 10 feet so that we can do the re the muchneeded
redevelopment of this property uh and much to the desire of Myra as well and and and the property owner and the developer. So, I'm here to answer any questions that you have. >> Okay. Well, I see this is in district two, Miss Clemens, and I'd ask
questions. Yes. Um can you expand on what the proposed project is? I know you said >> Yeah. So, the proposed project is to um and the developer has done this um in in Central Florida. Uh and it's a really kind of a cool product where they take
these old hotels and they one they're going to do, they're going to put a third floor on this two-story structure. They're going to build a new um three-bedroom uh um component to it. Uh so they'll have one bedrooms, I'm sorry, three, did I say three? Yeah, three
bedrooms and then some town homes as well. So, it'll be kind of a mixed residential use. They'll have all kinds of amenities. Um, they're going to fix up the pool. They're going to put in um all kinds of uh >> So, the motel stays. It's just >> the motel, the building, the two
buildings are going to stay. We're going to we're going to completely renovate them, add a third floor, totally renovate the clubhouse or what is now the office will become a clubhouse for the residents. And then we're going to add a uh a building, two buildings for
additional units and and a series of 10 town homes as well. So we're >> Where are the town homes located >> on the It's a It's kind of a funky property because it doesn't face north familiar or west or it goes at a diagonal. So if if you It would be at
the west end of the property >> on the west side [clears throat] of the property. >> West side of the property. Yes. What's the plan for the number of units? >> It is I believe it's 164 if I remember correctly total. >> What's the average rent?
>> That I do not know. >> I apologize. I do not know that. >> Are the majority of them going to be three bedrooms or the majority? >> No, the so the the hotels are going to remain onebedrooms. Uh they're going to re they're going to renovate the interior and the exterior, build the um the two and threebedroom units uh as
well. And then the the the the town homes, >> what would be um the lease terms? >> I'm sorry, I do not know. Um we did present this to Board of County Commissioners and we had all that information that we gave to them when we had the resoning. We had the the the
pamphlets with the with the brochures and how the what the units were going to look like and what all the amenities were. They they approved it. I believe it was unanimous as well. Um Myra approved it unanimous. Um uh but as far as how they're actually going to run the business, I I I I have I do not have
that information. >> Do you have um any information on the parking? >> So the parking we are um we're designing it. We were we have um we're maintaining kind of the parking. We're going to obviously fix it up because you can't even tell where the
parking stripes are now, Harley. So u we'll fix all that up. We are going we have submitted for site plan and part of the site plan we did uh submit a request for a parking reduction similar to the apartment complex off of PMOSA. Um so um
because most of it's going to be it's in being in Myra and being right there in the commercial district there'll be a lot of uh walking. So, we're make going to make pedestrian connections to kind of encourage more of a pedestrian um activity around the area as opposed to
accommodating cars. >> And can you um recall the amenities? Are you planning on keeping the tennis courts and >> No, the tennis courts will go. >> Okay. >> Yeah, >> that's all my questions. >> Okay. Thank you,
>> Mr. Humber. >> Um no, no questions, >> Mr. the Hoffman. >> Uh yeah, we in the past and now I remember for the year two years ago um we looked at a project very similar to
this down in the uh 19 uh US 192 down in West Melbourne area. >> Yep. >> Where was it the same company? >> Different company, but I was the engineer for that one. >> You look familiar. That's why I was >> Yep. They they it's actually done I think they're it's occupied. It should
>> So the the single bedrooms were meant for lesser social economic >> that was an affordable housing development. Yeah. >> Yeah. And they're they're Yeah. And they that we asked for variance for room size. We're not asking for room size variance today.
>> My question is though that same same sort of uh occupancy public transportation out on I guess whatever this is 520 buses. >> There's bus. >> Can you address bus up right there I believe? Yeah. >> Yeah.
>> Yeah. Yeah, we're actually going to be building There's no sidewalk that connects the buildings to the road. So, we're going to be constructing that so they can actually get to 520 without walking in the roadway. >> So, my question I kind of come are you going to put up a bus stop
>> at the entrance of your uh >> He doesn't It's walking distance. >> It's already right there. >> Yeah, it probably wouldn't meet the separation criteria if it's already there. >> No, I'm not I'm asking whether they're you're going to put up a bus shelter. a bus shelter. >> Yes.
>> Um, that hasn't come up yet. >> Okay. >> We'll think about I'll I'll I'll make I'll I'll >> Myra redeveloped this. >> I don't know how bus I remember I don't know. I remember a long time ago when I worked here, they somebody wanted to put up bus shelters all over the county.
>> They were going to put them up for free and all the bus all the bus stops. Their only their only request was that they were allowed to advertise on them and there was the the county commission denied their request. So, I don't know how they feel about bus shelters because maybe it encourages
>> Myra did several bus shelters throughout Merid Island. >> Yeah. >> Okay. Kind of a side issue, but >> that's the best. >> I was also on the board at the same time with this uh the rehab of the uh old
hotel on 192. And uh it's a great idea, I think, because buildings that are really not enhancing the area at all have
become residences that people can afford. They're affordable residences. They're not big houses. So, it I think it's a great idea that this is being done is being done more often. So, I I
think it's just great that we can take an old hotel and take that property and make it into affordable housing for younger people uh to get their first homes and start with. So, I think it's great. And the one on 192 turned out to
be quite nice. I'm really pleased. Yes. Yes. Very nice. >> Okay. >> Any other questions for him? >> I guess I need the clarification. Is it considered luxury housing or affordable housing? >> It's it's it's market rate. It's not
going to be luxury or affordable. It's going to be market rate. >> And the majority of them are going to be >> But there will be a lot of onebedrooms. So, >> Exactly. >> It's affordable by nature, but it's not we're not asking for uh the affordable
criteria. >> And then onebedroom, not studio. Correct. >> Not studio. Correct. Okay. Is there anyone here that would like to speak in favor of this or oppose this? Anyone? Okay.
Who would like to make a motion? Miss Clemens is not um voting on this one. Correct. >> Okay. I'll do it. >> Okay. Dr. B. Uh I'll make a motion to approve the variance uh as depicted in the uh drawing of
September 1, 2025. >> Second. >> I'll second. >> Okay. We have approval by Dr. Bass, a second by Mr. Humber. I'll read the six. that special conditions and circumstances exist which are not
applicable to other land, structures or buildings in applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings or structures in identical zoning classification. that literal enforcement of the provisions in this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter would constitute
unnecessary and undue hardship on an applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure and that granting the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would
not be injurous to the area involved. We have a motion to approve by Dr. Bass, a second by Mr. Hberg. We will do an individualized vote. >> Mr. Hoffman, >> I vote to approve. >> I vote to approve. I vote to approve.
>> Approve. >> And just for the record noted, Miss Clemens will not be voting on this variance. Your variants have passed. Thank you. >> Okay. >> What is this? >> Is there another one? Why are they sitting? >> That's actually what I was.
>> Okay. So, >> it's called summer police. >> Um, no. >> Is it any other v um things, Mr. Bod, or what's going on? this. >> We can end the meeting, but we're going to have >> Okay.
>> Oh. >> Oh, no. I thought those two were >> Yeah. >> We need to do a >> election for the chair. >> Yes. >> I don't know. We need to keep this one that was something.
>> No, I was I don't know. He said he wanted to be the chair. I don't mind sharing. Are they okay? >> Oh, this concludes our meeting. Oh, that stay still. Stay on the No, we're going to do the vote for the meeting.
>> You do need to make the votes first. >> We're going to do the meeting votes. >> Okay. >> Elect your chair and your vice chair. I know. I know. >> Okay. So, we're doing the meeting votes for the new chair and assistant chair. Correct. >> So, we need a nomination.
>> Okay. Let's do a nomination. Mr. Hoffman. >> You nominate >> I have no nomination. >> You have no nomination. Oh [clears throat] god. >> I do nominate. >> Oh, sorry. >> I will nominate you to maintain the position that you have.
I'll second. Done. >> Don't do that. You just said you wanted to be the chair. You said you wanted to be the chair. Miss Clemens, >> I have no nominations. >> What is going on around here? >> All right. >> Call the vote. >> Call the vote. >> Call a vote.
>> Call the vote. >> Call a vote. >> Call a vote. >> Nominations are closed. >> So, >> yeah. >> What I hear, what I hear Well, let me just be honest and open. You know, y'all know what I've been dealing with and going through. So, I have missed at least three to four, right? Three to
four meetings cuz my world was turned upside down. Y'all know that. >> Um, but I'm proud to say >> my grandson is in remission and he's cancer free. So, I'm I'm grateful and thankful he had the bone marrow transplant. >> Um, >> so I don't think I'll be missing three
to four back to back anymore. But that one knocked me to my knees, I have to say. I couldn't think. I couldn't breathe. I really couldn't. >> Um, and [clears throat] I was out of work as well. I I just couldn't. I stayed at the hospital day and night. So, I do apologize that I wasn't here, but I couldn't be here.
>> Yes. But considering that that's in the past now and that everybody is in remission, >> make the motion for you because you are still in the position. So, let's what I want to do fairly. >> I second. But wait, let's just be honest
with [laughter] you. >> Now, if you want to be chair, I'm okay with that. >> You sure? But you're gonna say assistant chair. >> Yes. >> Account if you want. >> Okay. Well, we like I vote that we keep >> Well, we got to vote for you. >> Do one at a time. Do the do the chair first.
>> Okay. >> So, what I hear you saying, you guys would like Sonia Malard to say the chairwoman of board of adjustments. Let's do a vote. >> Yes. >> Mr. Hoffman. >> Yes. Yes. Yes, >> Miss Clemens. >> Yeah.
>> Okay. I'm staying your chair. Thank you very much for your confidence. >> Now, make a nomination for >> And now make a nomination for the assistant chair. >> Vice chair. Yeah. >> To stay Mr. Hberg. >> I will second that. >> We have a second. Mr. Hoffman. [laughter]
>> Yes. >> Miss Clemens. >> I second. >> Our assistant chairs, Miss Mr. Hburger, you did a fantastic job. Thank you so much for stepping in and rocking and rolling. Well, it was only three of us. >> I [laughter] know. I know. Where were you? >> I know.
>> Me? Oh, I was stuck over Oh, wait a minute. Yeah, I was overseas for that. >> Oh, you over everything. >> Are you good? >> Yeah. Yeah. >> Okay. So, now that we have everybody back. >> So, now for the record, we have the chair, Miss Sonia Malloy, assistant chair, Mr. Hird, and we will continue to
rock and roll with the board of adjustments. Thank you all so much. >> This meeting is now concluded. >> Now, we have another meeting. >> What? Oh, we do. >> Yeah. Don't we have our >> Okay, >> let them turn it off.
>> We have ended this meeting now. >> Okay. >> The opinions expressed by any member [music] 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, [music] Space Coast Government Television, or the program sponsor and are solely those of the
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