Please stand for the pledge of allegiance. I pledge allegiance >> to the flag of the United States of America to the stands indivisible
for all. I now call this meeting of the board county board of zoning adjustment on Wednesday, October 15, 2025 to order. Any staff announcements? Seeing none,
Mr. Bod, would you please read our first reading, please? >> 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 boulevard county code. The
board of adjustment is empowered to hear requests for variances and zoning regulation and sign regulation in chapter 62 article 6 and article 9. Pursuant to the Florida rules of appellet procedure, any person or persons jointly or severally agreved 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 13 items on your agenda today.
>> Thank you. Will Miss Clemens from district 2, please read us. Undue hardship. >> An undue hardship is a variance may be granted when it is >> Turn on your mic. >> Turn on your mic. >> Okay.
>> Is it not? A variance may be granted when it will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. The term undue hardship has a specific legal
definition in this context and essentially means that without this requested variance, the applicant will have no reasonable use of the subject property under existing development regulations. Personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient
to quality qualify an applicant for invariance. 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.
An applicant must answer a variance hardship work hardship worksheet with six questions. The board of adjustments will discuss these questions today with each applicant who has requested a variance. >> Thank you. And now we'll address our board members,
the applicants in our audience regarding the board procedures for today's hearing. The board of zoning adjustment is a quazy board with members appointed by the Bvard County Board of Commissioners will utilize the 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 presentations, we will begin board questioning with the board member who represents the
applicant's district. When concluded, question is opened to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the
applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to present their final comments. Once
completed, no further comment will be heard from the applicant or the public. The action then moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we're asking each speaker to be concise in what they have to say. It's important
that you stay on the subject and avoid information that's not relevant. All persons speaking must provide their name and address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for address card. Please fill it out and
return to the clerk. Are there any questions regarding these procedures from the board members? No. >> Are there any questions regarding these these procedures from the applicants and from the audience? Seeing none, we will
move to our next order. We will go to the meeting minutes. Can we make a motion? >> Motion to approve. >> We have a motion to approve by Miss Clemings. >> I'll second it. >> Second by Dr. Bass. Thank you.
>> Mr. Modi, can you bring our first variance, please? >> Yes. Item H1, Park and Cruise 2, LLC, request three variances of chapter 62, article 9, Bvoulevard County Code for proposed existing sign in and an
existing for proposed and existing sign in IU zoning classification. applications 25V 000030 located at tax account number 2428311 in district 2. >> Thank you. Can the applicant please come
to the podium? >> Good afternoon. >> Good afternoon. >> Uh Bill Moberg, 274 Andros Avenue, Cocoa Beach. Um, Parking Cruis is one. >> I'm sorry. I like to swear you in first, please. >> Yeah. Okay. >> Do you swear to tell the truth, the whole truth? >> I do.
>> Thank you. >> Now, you can present your case. >> So, uh, one of the businesses I own is >> Can we hold on just a second? >> Yes, sir. >> Do we have a authorization for you, Bill? >> Uh, we do somewhere. >> Hang on a minute. Let me make sure. So,
we have it done by Michelle. We submitted that with We submitted that with our application for the signed permit. I don't see his name. You >> that has to be done anytime you apply for a permit. And the only person we
have authorized by parking crews is Michelle Monslave and Jose Ortis. >> That's that's a sign company we've hired. >> We don't have an authorization for you to speak for them.
>> Okay. >> Is Michelle here by chance? >> No, it's an Orlando sign company. Uh but she got that from me for the application for the permit. So, I would think you guys would have it, but
>> did you see any other ones? >> I was going through the >> Is there a card he can fill out >> or can we if we can carry on, we can make that part of maybe something we could turn in. >> Mr. Brody is in your hands. >> Give me another minute.
>> Okay. No, we don't have an authorization from David >> the board. >> Well, we >> or any of the people authorizing you to speak. >> Okay. So, this needs to be tabled to the next meeting. >> All right. Thanks. Anyways,
>> so we'll make a motion to table this to the next meeting. Um, we're going to put it on this. Are we going to schedule it now? >> Yes. >> We turned heard it at the uh November 19th. >> No. >> BA meeting.
>> We turned it in when we spoke with the Myra board also. So, >> one second. They're going to bring something to you. I mean, I don't know if you guys if we have the ability to bring it up and then
rectify that after the meeting based on that. >> No, we don't. >> We don't. Okay. >> All right. Thanks for your time. >> Okay. One moment. So, just so we're clear, so for H1, what we're going to do right now is table it to our next November 19th meeting. Is that correct
for the record? >> Yes. >> Okay. And at that time, you will be coming back. Correct, sir? >> I think so. >> If you're going to speak for him, make sure that you have David Kabort or John, one of the Kaborts, authorize you from their LLC. >> Oh, D, it doesn't have anything to do with anybody but David. He has a speech problem right now. So,
>> Oh, he does? Okay. >> He does. >> Maybe John can. Whoever's on the LLC for for the merchant right needs to authorize you. >> Yeah. >> So, we're clear of the proper thing protocol that he needs for the next meeting. >> Are you clear, sir?
>> Yes. >> I'm clear. I just don't understand how the county would let it go that long because we turned it in. Everybody said, "Okay, >> we don't have one authorizing you as an individual." >> You you have or we wouldn't have gotten to this point because the only reason it got declined was for the restriction of
height. We don't have it in our any of our our application documents. >> All right. Thank you. >> Okay. Thank you. >> Could we have our next variance, please? >> Yes. Item H2, Cheryl L and Victor L.
Victor J. Hooper. Request two variances. A chapter 62, Article 6, Bvard County Code for a swimming pool in an RU-1-13 zoning classification. Application is 25V 000033
located at tax account number 2712677 in district 4. >> Okay. May I have your name? >> My name is Sam Dpatris. I'm uh I have do have an authorization form submitted. I'm here on behalf of Cheryl and Victor who are not here. >> No. I want to swear you in your first
and last name please for the record. >> Okay. Do you swear to tell the truth, the whole truth? >> Yes, I do. >> Thank you. Present your case. >> Okay. Sure. Thank you. Um, like I was mentioned, I'm um, Sam. I'm a pool contractor. I'm here on behalf of Victor and Cheryl Cooper who are not here. They're out of town. Um, I'm here to
cross two variances at the location for the swimming pool setbacks. They started this process back in 2020, but due to co it got stalled. Uh, we do believe they have the hardship due to the unique light, unique size of the lot and location, and we requesting the variance in the smallest amount to
make the uh, therapeutic pool possible. We have discussed this with the neighbors who have all provided letters of support. It would be here in person if they could, but scheduling did not permit. I'm just going to take a few minutes to briefly discuss um some of the issues related to the setbacks. The location we're asking for is the only
space available and we are not requesting the entire space, just the minimum that we could use for a small lap pool. A typical lap pool is about 75 ft by 8t. Our design is 40x 6t or about half the size of a traditional pool. Wait, let me interrupt you real quick.
One quick question. Mr. Bod, is he authorized to speak on behalf? He is. >> Yes, he is. We have We have his authorization. >> Individual ones from both homeowners. >> Made sure of it. >> Um uh sorry, where was I? And I just want to talk about how we're going to address
the the different setbacks. So, the location we're asking for is the only available space for the pool. And we're not requesting the whole thing. Like I said, it's basically requesting about half what would be a normal pool for a situation like this. Um, the reason these setbacks are impacted in this is because this
propertyy's on water on both sides. And I use Google Maps to review the entire of Brevard County. And about 1% of pools go into this very unique situation. And majority of them that I could find already had pools on their properties. Um, the V requesting are for the
setbacks to be closer than 10t from a seaw wall and from 20 foot from the rear property line. The major concern for the set setback for the seaw wall is protection of the seaw wall. To address these concerns, we hired KSM engineering and testing to take soil samples and provided Geotech signed and seal
engineering report. We then hired TE Schl engineering for a helical pile design. If you don't know what that is, a helical pile is something we put in the ground below the pool that attaches to the pool to take that vertical load and doesn't let it press on the seaw wall.
With that design, we then hired MK structural engineering for a final pool structural design. They took those designs reports and incorporated it into their final design. I have copies of all those reports if you'd like to see them. They weren't included in the original variants because this has been an ongoing parallel process.
All these companies are local state of Florida licensed professional civil engineering firms that have been to the property and we'll be consulting along the process. The other setback question we have is for the rear setback. Um, like I said before, basically we're asking for this
variance because there's really nowhere else they could build the pool on the property. The whole property itself is about 100 ft wide and the front of that property is an access road for the entire point of uh this is on if you've never been there. This is the end of Merit Island Dragons Point. Super super skinny and there's really very little
room to do pretty much anything on the property currently. In the front, like I said, is the road and on either side of the home is drainage fields and setbacks for their home and the the neighbors homes. Um, another part of that setback is also
for protection for the environment. So, what we did here is we did hire Tracker Consulting Engineering of Melbourne who created a sightspecific and signed and sealed environmental protection plan. That plan was calculated using the 100red-year rain event which actually improves the waste water from the
property. The plan calls for us to remove 500 ft of concrete that's currently there and the pool itself is only 240 ft. So there's a net benefit of at least 260 square ft of drainage that removes waste water into the river.
So that's basically all I have for you guys. I don't know if you have any questions for me. >> Okay. Well, I see this variance covers Dr. Bass, your district 4. >> Hello. >> Hello. Um
my first comment is uh thank you to whoever answered the questions because the answers were or the questions were answered very thoroughly. >> Thank you >> and it was very clear to see what you wanted. >> Uh second, I did visit the property.
>> Okay. >> I had since it's Dragon Point, uh I did have protection items in mind for the environment. And I was thinking in particular because it was so far south on Dragon Point that uh a pool in some
way might interfere with the um uh the yacht club which is directly across the uh river at that point. Well, when I went to the property, I noticed that that is a long way away. The river happens to be very wide at that point. >> Yeah, it's a pretty wide area.
>> So, and there was there were no mango trees. There was nothing around. So it looked pretty good what exactly what you were saying. >> Thank you. >> Uh so that uh helped me quite a bit. Uh the next and you talked about uh in the
back now are are the steps going down to the current dock or though is that where the pool is actually going to be part of? >> Yeah, essentially right where those steps are to the right of it. If you look at the back of the house, it basically is going to take the back profile and extend it 6 foot >> because the whole pool, interesting
enough, is actually going to be built above ground, not below ground. >> That was what I was wondering because the house is sitting quite high with the three steps down and then there's a dock. So, I was wondering how that Well, not a dock, but has a platform. >> Yeah. So, actually, yeah, we're going to build it up so it'll be the same level
of the house, which is one of those environmental benefits is that will actually retain some water and all that concrete's going to be removed. It's all going to be replaced with soil. And if you were there, you saw it's a pretty good slope. >> I did. >> Which that slope's coming out, too. So, >> yes. And so is the parking right there at the side, right? I mean, it's up much
higher. And then >> Did you have fun turning around once you get back there? >> Right. And I did notice that the neighbors to the north, they have a dock out there. So, uh, it it >> I couldn't see where it would in impede on the environment in any way or in the
boat traffic, which was my big concern on the river right there. >> Yeah. We actually met with Leanne McCallen Wham who's the director of the environmental resource management group here in Bard County. Good. >> She reviewed the plan with us. The plan was submitted as part of the original pool permit. >> That's been reviewed and approved
already. >> Okay. >> So, from an environmental spec perspective, we're actually making it much better. >> Okay, good. Because that's a very >> special area. It's a very special area to all of us. >> Yeah. They they they bought the house I think in the 1970s. So they've been there forever and you know they love it
and they they obviously want to protect their the rivers that they enjoy every day. >> Yes. Okay. All right. Thank you. I don't have any further questions. >> Boy questions. >> Yeah. I have a I have a a question. >> Hi. How are you?
>> Oh, great. How are you? >> Terrible actually. But uh could could you address the storm water again? Because if you have the pool is raised above ground. Yeah. How far is that above ground? >> So, it's got to be about four and a half feet above the ground. Um, but the storm
water issue like Dr. Bass mentioned, if you go to the property, the whole backyard is sloped towards and it's all concrete currently and it's sloped towards the river. So, all rain water runs out directly into the to the river as it is now. >> So, you have no storm water. You're not getting rid of the water any other way
than runoff, right? >> Not necessarily. Yeah. So, what we're doing is it's a the plan called we so we calculated based off something called the 100y year one rain event. So it's essentially worst case scenario for water what's going to happen and the the plan was included with the variance. I have copies if you want to see it. What
that does is it basically takes that slope removes it which is more than 500 square ft of in reality of what we're going to be doing because we're only moving 500 ft of concrete but all the slope that was coming towards that it's also coming also. Sorry about that. >> Right. Um, so when you look at it, we're
raising that whole level up so it'll all be in the same plane, filling it with dirt to allow it to be porous instead of currently it's not permeable at all, right? All that rain water just goes directly in. >> So there's a general net benefit of more than 500 square foot of um
runoff filtration is what we're adding. Yes, >> we we did discuss mangroves and other such things, but based on the the recommendations from the the environmental resource group that they said that there's different things we could do. That was one of them. It's not
necessarily the only way to do it. >> So, basically, you haven't done anything. It's just a runoff. Correct. There's no nothing extra for storm water. >> Nothing extra for storm water with this plan. No, but like I said, it was reviewed and approved by the land department.
Miss Clemings, no questions. Okay. No other questions? >> No. >> Okay. Do we have make a motion? >> Yes. Uh I will make an a motion to approve the variance as depicted in the
survey provided by the applicant dated 70125. >> Okay. And before we make a vote on that, I'm going to do The six hardship questions that special conditions and circumstances exist which are not applicable to other land structures or
buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance 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. 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. Five, 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 variance would 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. Dr. Bass made a motion to approve the variance. Do we have a second? >> A second.
>> Dr. Bass made a motion to approve. Miss Clemens second and you say Mr. H. Did you? >> I'm good. >> All in favor say I. >> I. >> The variance have passed. >> Thank you very much. Have a good afternoon.
>> May we have our next variance, please. Mr. Bod, >> Mr. Chairman, we need to go back and revisit item H1. That was not um voted on to carry it to the next um board of adjustment meeting on November 19th. >> So, if you could vote on it. The first
>> the first one we're going to continue it. >> Okay. So, what are you saying? >> Need to have a vote to carry it to to um table it to the November 19th meeting. >> I'll make a motion that we carry H1 to
the next meeting on November 19th. Do I have a second? >> I'll second. >> Second. All in favor say I. >> I. >> It's been carried to November 19th. >> Thank you. >> You're welcome. Item H3, Francis Scott Riley requests variance of chapter 62, article 6,
Bvoulevard County Code for an accessory structure in RR-1, zoning classification. Application is 25V 00039 located at tax account number 244142 in district 1.
>> And the applicant come to forward please. Can you state your first and last name, please? >> Francis Scott Riley, 2729 Burke Court, Coco, Florida. >> You swear to tell the truth, the whole truth. >> Yes, ma'am, I do. >> Okay. Present your case.
>> Um, this variance is for the positioning of a metal garage structure on the property. Um, all other requirements will be met. The only request for variance is to move this building closer to the property line in order to orient
it properly. Um there are a few reasons for this request. Um first and foremost is that it will allow me to leave uh a large copes of live oak trees on the property which would otherwise have to be moved and I would really prefer not
to do that. Um, in addition, there are other benefits to positioning the building this way along the property line. Not the least of which is it'll be much less obtrusive to the community because you will barely be able to see it from the road. Uh, I live on a dead-end culde-sac anyway, but still it
will be more out of view. And in addition, my property doesn't border the 528, but the adjacent property does. And so, as you can imagine, every month, every year that goes by, it gets louder and louder. positioning the building in this way would give me an additional
buffer. Um, so those are the three primary reasons for the request. Um, and basically the current law states 15 ft. I'm requesting a 10-ft variance in order to position the building properly. Um,
even though it's not required in this instance, I have a signed affidavit from the adjacent neighbor stating that he's aware of my request and has no objections to it. Um, and since a picture is much more eloquent than my words, I have some if anyone would like
to see them. >> Okay. >> Yes, ma'am. >> Yeah. I just I have a photograph taken at ground level that might paint a better picture than looking from above from a satellite. >> Can you put it on a projector?
Can it go on a projector so we can see up on the screen? Oh. Um, I don't know. I just brought an ordinary photograph. >> Photograph. >> Yeah, >> you can put it on the projector there if you'd like to. That's the front end of the copes of
live oak trees. There's about 10 or 11 trees in that particular cluster that just you can see the three in the front right there. There's quite a few behind it. They're all live oaks. The building would go to the right in this particular photograph where you see the clear area. >> Okay. Well, I see you in district one
and that's my district. >> Oh, okay. So, I'm going to just start off the question real quick and just say when you keep referring to the building, because I want to be real clear. When you keep referring to the building, you're referring to a garage, correct? >> Yes, ma'am. Yes, ma'am. A steel garage building. >> A steel garage building. Is it going to
have lights or anything in it? >> Uh, yeah. I'll probably just run enough electricity to put lights in it and that's it. >> But no one will be living in it, correct? >> No, ma'am. Never. >> Okay. And you did say the neighbor to your left is um okay with this? Uh, as you
face my home, the neighbor to the right because that's the property line that's affected. I have a signed statement from that neighbor if you like. >> Okay, we have that. >> Okay. Oh, you have one already? Okay. >> Okay. And do you have a neighbor to your left? >> I do. >> Okay. And how do they feel about that?
>> No complaints whatsoever. I met with them just yesterday. >> Okay. Thank you. That's all my question. And Dr. Bass? >> No, I have none. >> Okay. >> No. >> None. >> None. >> Okay. Well, we' like to make a motion to
make a motion. >> Not really. >> I will. >> Okay. Not the best. >> Okay. Where did Wait a minute. Where'd it go? >> Also, we're going to need to have that picture because it's been entered into an exhibit.
>> Very welcome. >> He's going to make the motion. like to make a motion uh to approve the variance as depicted in this survey with a date of 225 25.
>> Mr. Hoffer made the motion to pass the variance. Do we have a second? >> I'll second it. >> Dr. Bass second it. I'll read our six points. variance of the hardship. 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 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. Uh, the variance granted would be the minimum necessary to properly orient the proposed building in such a way as to prevent the needless killing. Oh, wait, hold on. That's skipped. Sorry. That literal enforcement of provisions
of this chapter will deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification. Under the provisions of the chapter, it will constitute unnecessary and undue hardship or the applicant. Five, that the variance granted is the minimum variance that
would make possible the reasonable use of the land, building or structure. And six, 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 had a motion to pass this variance by
Dr. I mean, Mr. Hoffman. >> No, hang on. Well, I'm going to recuse myself from that because I'm retired federal law enforcement and I don't want to uh somebody else will have to >> Okay, Miss Clemens, can you pick up? >> I make a second or a motion.
>> Motion. >> Make a motion to approve the variance as requested depicted on the survey with the date of 225205. >> Okay, we have a motion to approve. >> Did you ask for public? Anybody else in the audience wants to speak for it?
I did. Oh, I'm sorry. I forgot. Is there anybody else in the audience that want to speak against or or for this? Seeing none, come back. >> Thank you. I didn't do that. >> So, we have a motion to approve. >> I second that.
>> Okay. Your variants have been approved. Thank you. >> Thank you. >> Can we have our next variance, please? >> Thank you. >> Yes. Item H4, Thomas Dall, request variance, chapter 62, article 6, BAR County code for an accessory structure
in an RR zoning classification. Variance is applications 25V 00047 located at tax count number 21970 in district 1. We'd like to ask the board to table this item as it was in
pro properly advertised. it should be advertised for a a proposed AU zoning classification. So, we're going to need to table this application for uh advertising to the to the November 19th meeting.
>> Okay. So, do I need to make a motion for that? >> Yes. >> I make a motion to table >> item H4 >> H4 to our November 19th meeting. Can I have a second? >> I'll second. Appro everybody approve.
>> I approve. >> Yes. >> H4 has been tabled to November 19th. >> Thank you. >> Item H5 Jennifer P. Hower request variance of chapter 62 article 6
Boulevard County Code for a dock in an RU-1-11 zoning classification applications 25V 000050 located at tax account number 241 9597 in district 2.
>> Hi, I'm Jennifer Howard and I guess I >> Can you speak into the mic? Make sure >> Jennifer Hower um don't need to swear in. Yes. Do you swear to tell the truth, the whole truth, or nothing but the truth? >> I do. >> Thank you. Present your case. >> So, I moved in I moved into my house in
Merit Island and it had a dock that um when I had um when I had it appraised, it came up with a lot of u replace and repair. So, um, in the process of doing
that with the original dock, my, um, space exceeded another 6 in from the original dock. So, I'm I'm trying to get a variance for that setback. Um, I've talked to both of my neighbors on either side of my house and this
variant or this um, setback does not have they don't have any problems with that and they have um, sent in letters to that effect. >> Okay, thank you. I see this is in district two, Miss Clemings. >> Hi, how are you?
>> Hi. I'm just noticing that you really just needed to do some repairs or did you actually replace the seaw wall? >> A lot of it had to be replaced. >> Okay. So, you did not replace the seaw wall or you did >> I did replace the seaw wall
>> and then the the remainder items are really just maintenance repairs on the dock itself and yes cover. >> Okay. >> I don't have any other questions. Thank you. It's pretty straightforward. Dr. Bass,
>> I have no questions. Thank you, >> Mr. Hoffman. >> Yes, I do, actually. Um, hi, Jennifer. >> Hi. >> Um, has the deck gotten any larger?
>> It was larger by 6 in >> by 6 in. Is that which way? Out towards the water or sideways? toward my neighbor's house. >> Question. And you said you have letters from the neighbors. I don't actually >> I do. Um they're not very clear, but um
>> Oh, hang on. Hang on a second. I'm sorry. >> She wrote it. They signed it. And these are uh uh on both sides of you. >> Yes, sir. Um Jane Hoke and John Shehan
and his wife Johan. >> Okay. >> And I have no questions. I see you finish. I'm sorry. >> Thank you. Uh just one other question. Okay. >> Uh you were asked if you were making repairs or replacing the whole thing. You're replacing the whole thing, right?
>> Pretty much. Um it was pretty dilapitated. I don't know if it would have withheld a storm. Um >> I don't think my neighbors wanted a dock in their yard. Um >> Oh, okay. Okay. Thank you, Jennifer. >> Thank you. Okay. Just step to the side
for a moment. I'm asking the audience, is there anyone here that want to speak concerning this case an approval or rebuttal? Seeing none, you can come back. >> Miss Clems, >> I make a motion to approve the variance
uh as requested as depicted on the survey provided by the applicant signed with the date of May 14th, 2025. >> I'll second. >> We have a motion by Miss Clemens to approve. We have a second by Mr. Hoffman. All in favor? >> It's Mr. Holberg, right?
>> Yeah. >> I'm sorry, Mr. Sorry. I'm sorry. They call you Mr. Huffman. Mr. Holberg. >> You just miss him more than me, right? >> No. 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 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 variance would not be injurous to the area involved or
otherwise detrimental to the public welfare. We have a motion to pass, a second to approve. All in agreeance. This variance, >> yes, >> has passed. Thank you so much. >> Thank you. >> We have our next variance, please.
Item H6, Francisco B. Batista and Senior and Josephine Batista request two variances chapter 62 article 6 Boulevard County Code for an accessory structure in an RU-1-9
zoning classification. Application is 25V 000052 located tax count number 2413310 in district 2. Can you state your name for the record, please? >> Francisco Bista.
>> Okay. And can I swear you in? Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Present your case. >> I am applying for a variance because I'm building a metal building in the side of my house. Trying to
and the because the size of my lot is odd shape and I'm trying to get like a 2.5 variance in one corner. try to because um my setback's supposed to be seven and a half foot and because of the shape of my property so I need to ask
for a variance for that extra two foot and also the size of the square footage of the building is like 39 square ft bigger than my home and because of that because of it's because of the size of
my property also and that's the two variants I'm trying to build and the I'm building I'm building this building because it's I'm trying to get my boat inside. Is it like a boat garage? So, this way because it's my boat's underneath a tree, all the trees and I'm trying to get it parked
inside and keep it inside instead of the outside of the house. >> Okay. Thank you. I see this is in district two, Miss Clemens. >> Hello. >> Hello. Um, so you said 39 square feet greater than the size of your home, but yes, you think you mean 39 square feet
greater than the size allotted. So is the square foot going to be 8.81? >> Um, 9 the square footage of the metal building is 920. My build my home is half of that's 8.81. I guess that's n six, 1900 ft, I think it was.
>> Gotcha. Okay. I was just making sure. Um, and you have access on the west side to access this building. >> Yes. >> You have a driveway going from the front all the way to the back. >> Yes, I do.
>> And when I'm looking at the opposition notes, which neighbor is that? Is that the one directly to the east? >> To the east. Correct. >> And then additionally, the neighbor next to them, is that 755 and 740? >> 740 is uh in front of them. So across
the street? >> Yes. >> So 740 is across the street from you. 755 is directly east of you. >> Correct. >> Okay. And then the person that is in agreement that supports is the first home in the culde-sac.
>> The Yes. The first home in the culde-sac. >> Yeah. Everyone all the way around >> except for one. I think there's >> And your primary use for this building is to put your boat in outside of any kind of environmental >> correct
>> trees and etc. Okay. >> I don't think I have any other questions. >> Okay. Is that >> No, I have none. Thank you, >> Mr. Humber. >> Um, and no, I'll pass on this one.
>> Okay. I have no other questions as well. If you could just step to the side. I'm going to check with the audience. Is there anyone here to speak on behalf? Oh, I see someone coming up. Okay, you can just have a seat. Let's see. >> Well, good afternoon. Can you state your name for the record, please?
>> Yes. My name is Don White. >> You swear to tell the truth, the whole truth, and nothing but the truth. >> I do. >> Thank you. >> Um, >> are you for or against? >> I'm against. >> You're against. Okay. Tell us why. Uh the reason why is uh I am on the east side of him but I also my property is
still on is on the entire south side of him. So I've got a flag type lot that goes to the Indian River. Uh part of the problem is that he's already got um enough uh real estate and concrete on his
property that a lot of the water flows into my basically my side yard. I've got a couple of pictures if you like to I like to show you. I got You want to show them here? >> Yes. Oops. and tell us what we're looking at,
please. >> Okay, you're looking at my yard facing west. Okay. Um, and as this is a fly lot, that part of the uh looking west, if I would uh go through those trees,
you would be seeing the Indian River. And I have a a walkway out to the Indian River uh that goes on my property. So, um, and then the other right circle is proposal accessory building that, uh, my neighbor
was would like to build. And if you notice that after rain, my yard, my backyard has a severe flooding problem because to the left of that is a burm to protect it from wetlands so that
fertilizers or um, chemicals don't go into the Indian River. But because of the additional flooding problems I'm already having, uh that excess water is already going into the Indian River, this would have uh but make the problem
even worse. >> Okay. >> So my question is what does it have to do with his garage? It would it would add another 920 square feet of concrete, thus taking that water from his roof and
putting into my yard and flooding the whole area and causing me more mosquitoes and more flooding u in my yard uh a longer period of time. >> Okay. You have any other pitches? Um,
as also I'm concerned is he's asking for a a height of 18 feet 10 in on his building permit which is more than a second story structure. So it's also a steel building and that's much larger
than any accessory building in our area in our neighborhood. you know, people have a 10 x 12 uh shed, but this is going to be 900 square 920 ft maximum of 18 ft 10 in according to this permit.
Um the other concern is um I say it's such a huge large structure. It's over over 15,000 cubic feet of area. Uh may I show you another thing?
>> Yes. Um, if you look at the amount of square feet that he's got. >> Did you put the picture up? >> He did. >> Oh, okay. >> Um, not showing quite all the way. Um he's got uh he with this accessory
building he'll have a total of almost 4,900 square ft plus an additional 400 square ft of brick papers he has on his backyard. Uh his lot size is only 021 of an acre which is a little over 9,000 square feet. So with this accessory
building, he'll have almost 60% of his property will be either concrete or pavers and thus all that rain that's coming um will be flowing into my property. Okay, we already have a severe
problem on our street, including his front of his house and a couple of my neighbors. Well, for example, the rain we had last week, it got very close to the garage doors already. And so, this would just make it the problem a lot worse.
Um, also, uh, I have a, um, in the process of adding a second story to my residence, and I did that because I wanted to see if I could have a nice view from the second story to the river. This would
severely block that view to >> Oh, so this is going to block your view. >> Yes. On top of it, on top of the top on top of the rainwater, >> it would also uh hinder my view. >> Okay. Okay. and also depress the I think the value of a neighborhood with this
commercial grade building. >> Okay, any questions? >> Okay, >> can you go back to the first picture? >> Sure. >> What is that structure in the center? >> H that's his existing shed. >> It's his existing shed.
>> Yeah, which in the building permit says he's going to take it down. Is that the approximate location where the building will reside? >> No, it's uh right now he's actually got the forms for the concrete set in place. It will that is this structure is on
within his right on his property line I believe. And so that's a small shed. It's a about a 10 x10 shed or something like that. It's been there for since I've been here and I've been here for 16 17 years now. So, we're actually looking at the south property line.
>> Yes. Of his property. >> And my basically my backyard. >> Yeah. >> Because it's a flag lot going out to the river. >> Do you I don't see Do you have a pool in a screen enclosure? >> I I do have a pool. >> Okay.
>> I did I did not I did not show that on there. Also, there was a third letter which I emailed yesterday morning of another neighbor that was opposed to it on Lynwood Court and that wasn't on record. I have a copy of that if you would like.
>> I don't see that one. >> I've mailed all I mailed three separate emails with three um pro uh three people opposing including myself on this variance.
Did we receive those emails? >> You've got the You've got the two. >> We have the two >> and this support. We're missing one oppose. >> So, it's just one that's missing. Okay. >> We only have two. We only have two oppos. >> Okay. >> So, that's the one that you did this. >> I have the one right here.
>> I apologize. >> Should be three letters. >> Sorry. >> Jennifer Harrison. >> I apologize. I didn't I thought it was the last page. >> Where's 2545? I'm assuming that's not the next door. That's the >> that's that's basically uh
>> the center of the culdeac. >> If if you look at this, you got a house in the back of it. She's the next door neighbor to that house. >> You guys essentially copy and pasted the same complaint. So, >> yeah,
>> it makes it hard to see how each person's going to be affected differently. So, >> um, I say I I would try to reach out to either one of you, but there's only a common email address. There was no phone numbers to ask questions of or anything
like that. So, forgive me. >> I didn't know what else to do. >> Let me see. >> Okay. Any other questions? >> Um, yes. I have some questions, but I'll address these to the chair. Can we have
this gentleman sit down and bring the other gentleman back? >> Yes. Do you mind having a seat? We're going to bring him back. >> Smith. >> Yes. Thank you. >> Might want to ask if there's anyone else in the audience. >> Oh, can I ask if there's anyone else in
the audience that'd like to say anything pertaining to this case? Four or nay? Seeing none, thank you. Okay, come on back up. And now you're going to question. Uh how big is your your current shed was 10 by 10 this gentleman said. Is that correct? >> Yeah, it's a wooden shed that the
previous owner built. >> How big is the new one exactly? >> It's uh it'll be the total length will be 40 foot by 18 and have a enclosed lean to right beside it for storage and
>> so a considerable bit bigger. >> Yes. Yes. Uh, have you made any plans for uh, storm water drainage or anything? >> I already got approved for vacating the easement there and they approved it and with that property and they came through
and uh, they said it's going to be no issues and that that water where he showed it always gets flooded there because of his burm that he keeps adding dirt so the water doesn't drain back there. So I it'll always be there. It doesn't matter if I build that building there. Well, I
agree with you there, but if you're adding a a larger building, >> yeah, that's what that's what the >> then you're going to have more drainage. >> Correct. That's what the I had uh when I applied for uh the vacating easements
and that's the they went through that and uh that's why and I went I had a hearing about that and they approved it because of that. You're you're actually putting a building in that's uh considerably bigger than the shed you have. So actually you're not replacing a
shed with a shed. >> No. >> So what what is the rest of the building? >> Um the rest >> you're taking your shed down and you're putting a building in. >> Yep. I'm putting a Yes. Correct. Some of it is a garage or
>> It's uh it'll be like a garage or storage because I'm clearing out my actual garage. which I could get my car in because I have a lot of tools and stuff like that. It'll be in the side where the 40 foot by 18 will be where the boat goes in and the rest will be like storage
right beside it. That will >> be like a a huge garage. >> Correct. Correct. >> How about power? And uh it's going to have power. I'll >> Yes, I'll eventually have power in there because it'll it's going to be a dark building inside. So I'll
And I got folders here for what he mentioned about views. I'll be blocking his view. And I have I've spoken with all my neighbors except for the three that he's friends with that signed. And uh
everybody agreed that I talked to him and they said he had no issues with me building that uh building and it's not going to hinder or affect the value of the homes. will affect my value of my home because a lot of the homes on that river is worth a million dollars. Mine's
300 and it's not going to diminish. And he, like I said, he built a two-story building facing my neighbor, facing my house. If these show
>> you won't you won't get this back. >> We're going to need a copy of that for our mine. Yep. >> Yeah. And pretty much the view that I'm be I'll be blocking is trees. And he built a two-story build to um in the second floor right above my into my backyard.
He has a window facing my backyard and that's what he wants to look at. >> So I'm just going to ask a question if you don't mind. >> Yes. >> Because I have to be very clear with this. So, initially you told us you was
um you were building a boat garage, correct? Correct. So, how how big is your boat? >> 27 foot with plus trailer. >> I'm doing it because I'm building I'm asking for a 40 foot because >> why >> I want to upgrade my boat to a 30 foot.
>> Oh, you want to upgrade your boat? >> Correct. >> Okay. To a what? >> A 30 foot. >> 30 foot. >> And it needs a 10ft clearance with engines from >> Okay. So, you upgrading your boat. That's what you're doing. Okay. And I have another question for you. Um he was
saying like in the backyard where you guys live is a lot of flooding. So is your backyard flooding as well? >> No. >> You get Oh, you don't get flooding in your backyard? >> Well, the water runoff won't drain because he has a berm back there keeping
the water from going into whatever the I forgot what you call that the because he has a dock back there. I guess he doesn't want the water to come back in. So, he he has a burn back there that keep holds the water where where he
showed you that picture of >> Okay. >> And and the flooding, like you said, I was watching the water. It wasn't even getting close to my driveway or my neighbor's driveways that he said that will cause flooding.
>> Yeah. um just you know >> just talking. So yeah, you said these million-dollar homes and your home is just 300,000 which is neither here or there. But my question to you is that >> so when he looks out his backyard, he
just stated that then he will be looking at your accessory. >> No, when he goes up to his second floor that he just built and he puts a window right facing my backyard, >> he's going to look at your accessory. Correct. And he's trying to look through
my property, trying to look through trees. >> Well, he wants to see the view of the river. Correct. >> Correct. >> Okay. >> Yeah. But he want Yeah, he wants to see the view of the river. >> I just want to be clear. >> There's a picture there that you can't see the river. >> There there's trees blocking his view.
>> See it? >> I see. >> Yeah. Then there's another picture on the left side also. There's >> Okay. I have no more questions. Dr. B >> uh the boat storage building which you want to put in. Is that going to be two stories or one >> one story? Because I'm doing I'm putting
a 14t garage door because so the boat goes in and they need to have to have a pitch. The top of the building will be 18 foot. It It's a one-story building. It's not >> It's 18 ft. Okay. >> Correct. It's not as tall as second story that he just built. He just added
on. He he built a two-story and it's a lot taller than my it'll be a lot taller than my boat garage. >> Any more questions? >> Do you have any compromise on the size of the boat building? >> It's a good question.
>> I I do. I could, like I said, if I'm asking for the size because I I wanted to upgrade my building. I'm going to upgrade my boat, but if if I end up building a smaller building, I won't be able to put my new boat in there.
>> The request you have is 39 square feet, you're off. So, correct, there's two, and you can correct me, there's two versions of his variance. One's the setback and then the size, right? >> Right. He's right now proposed to be at tw 5 foot two. It requires seven and a
half feet off the rear property line. And the other one is he needs he wants 39 square ft over what he's allotted for his accessory building. >> And that can we split that? Can we say yes to one and not the other? >> It's up to y'all if y'all want to deny
one and and have the other one approved. >> Yeah. on on that uh on that setback. I'm only ask because it's it's how my property is set. It's only like the corner of the building that will be close to that property. >> That's my that's my whole point. I don't
have a problem with the setback because I do see you have an oddshaped property and it makes it a little bit more difficult to have the full use of it. But the 39 square feet seems a little >> Yeah, because I was talking to the manufacturer of the building. They said
it's uh the building's like a 5 foot increments. So on that uh on that lean tube side where it's going to be enclosed where I won't have storage. That's why it's uh that size will be 10 by 20.
I guess if if I cut it down it'll be 5 foot. >> Yeah. So it could be 10 by 15. >> No. No. It'll be it'll be 10 by 20. I mean five by 20 because it'll be 10 10 foot. Yeah. Okay. And it won't.
>> We've been sitting here for a couple minutes. I don't want to hold you up or anybody else, but it it uh it seems to me that uh we've heard a lot of numbers come out here and this particular variance is uh asking for uh a certain
amount for a certain number. But we seem to be talking about multiple numbers here and divisions. And it it uh uh to me it seems that the variance needs to be redone with correct amounts and totals of what we're talking
here. I don't know if anybody else agrees to that or or it's just me, but uh >> um it just seems to me that the numbers are not correct. We keep talking about different numbers here. So, I'm at a loss to exactly what we're doing. Alls I
have is a a variance in front of me for uh for a total, but yet you're talking different numbers. The other gentleman was and just about everybody here. So, um for me, I'm um this is the variance
that's requested per what's on the survey as this is proposed. He's proposing it to be 39 square feet over the 881 square foot that's allotted. So he's going to 920 square feet for his
building. It's it's proposed at 5.2 feet off the rear property line. So he's asking for a variance of 2.3 feet from it. So those are the two variances that he's dealing with. >> I understand that but that's not what we're saying here. That's what the
problem is. We're talking different numbers at different times and it's not what >> that's what he be held to >> to the varian for what is on his survey and what is advertised. >> But if he can't clarify it. >> No,
that's that's that's what I'm I'm going by what the they allow me or that variance. >> I don't understand what you guys are confused about. That's why I asked if he could have some compromise on the size because >> but if we're compromising variances as
written then we can't >> you can that's what he just said. We can split it. We can not approve the the request. >> Approve one of the variances and deny one of the variances. >> Yeah. And that wouldn't make any sense. >> Or you can approve both of them or deny both of them. >> Why is that?
>> What could he do with it? Nothing. >> Okay. Well, >> I'm done. Thank you so much >> from me. >> Okay. So, any more discussion among us, Miss Clemens? >> I don't think so. >> Okay. Would you like to make a motion?
>> Yeah. I make a motion to split the request. >> Okay. So, I make a motion to deny the request for the additional 39 square feet. >> So, so that would be variance number two to deny.
>> Correct. And then I make a motion to approve the request for the setback requirement. So if he can minimize the size of the building, I make a motion to approve the setback request.
>> Okay. >> That's >> Do we have a second? >> Dr. Bass. No, I'm not seconding it. >> Okay. I'm just asking. >> No second home. >> No. >> Okay. I second it.
So, now we're at a deadlock, >> right? >> Turning. >> So, y'all want to have a vote? >> You You haven't actually voted, but >> So, let's make a vote >> to approve this variance. Dr. Bass,
>> no. There's two variances. Variance one, Dr. Bass. No. >> Correct. >> Okay. So, let's do this. Variance once and variance two. >> Yeah. >> No. And no. >> Okay. >> No to this package. >> Okay.
>> I approve variance one. I disapprove variance two. >> No on both. >> Okay. >> I approve one and I no on two. >> Okay. >> So, it doesn't pass. >> The variance doesn't pass. I'm sorry.
>> Um, but still read the 16. >> Actually, it was a draw. >> Do I still read? >> Can we have a clarification on the vote? >> Sure. >> Wait, we need a clarification on the vote. One is for the setback. Variance two is for the size.
>> Correct. >> So, did we do two separate motions or was it a motion to approve one and deny two? >> I did that. >> It was to approve one and deny the other >> and I said I wanted to disapprove both.
>> And he wanted to disapprove both >> and I went for approve one and deny the other as well as Miss Clemings. >> So, it's deadlock. One is disproved, two is dead, two is >> they have two >> two and two. >> So they have two. >> So basically you had two votes in favor
of the motion and two votes against the motion. >> Correct. >> So that would be a denial. Correct. >> So that is basically a denial. >> Is it a denial or a non-action? >> No, it doesn't pass. >> Okay.
>> Because you don't have a majority, >> right? We we have a quorum but we don't have all members and we don't have a majority. >> Well, no majority is a denial. >> Yeah, >> essentially effectively. >> Okay.
>> Well, let's hope everybody gets along. So just for my understanding, so the applicant then would just have to come back and file another one if he wants to do anything else. >> He couldn't file for the same variance. >> Okay. He can >> he could file for separate variances.
Maybe get the square footage down >> and file for a separate variance. >> What you can do >> because I don't want you to go out here just thinking, you know, there's nothing you can do. I want you to understand what you can do. So if I if I don't apply for the
variances, can I apply for the permit if I don't if I'm back to my setback and extra square foot? >> You have to meet the 7 and 1/2t set back to the rear and you'd have to meet the square footage. >> So uh if I do that I >> that's what you'd have to do if you didn't want to go through a variance
again. >> Okay, perfect. Thank you. >> Okay. >> Okay. Thank you. Our next variance, please. >> Yes. Item H7, Lori Todd requests two variances. A chapter 62 article 6
Boulevard County Code for an existing and proposed accessory structure in an RR-1 zoning classification. Applications 25V0000 53 located at tax count number 2000476 in district 1.
>> Okay, I see you're down here. Um, can you state your name for the record, please? >> Lori Todd. >> Speak into the mic. >> Lori Todd, 3900 Hammock Road, MEMS, Florida. >> Okay. And you, sir? >> Charles Roberts, 1800 Barton Boulevard, Rocklage. >> Okay. Do you both swear to tell the
truth, the whole truth, nothing but the truth? >> I do. >> Thank you. You may present your case. >> Well, I'm losing my voice. So, I have filed an authorization for Mr. Roberts to speak on my behalf, and I filed it with the county. if they have it. If
not, I have a copy. >> Okay, you have the copy, Mr. Bod. >> I'm not so sure. >> I don't have it open right yet. >> But we do have the applicant here, so she can authorize. >> We we have the signed copy if you prefer.
>> Okay. >> Okay. Okay. Well, then you can have a seat and you can go ahead and speak on her behalf. Thank you. You're welcome. >> How can we help you today, >> Madam Chairman, members of the board, members of the professional staff? Charles Roberts. U Miss Todd is requesting two variances for setback and
for the location of an existing metal building approximately 12 by 20 uh 10 ft tall and a proposed metal building which would be 30x40. The uh hardship is that uh in order to
locate it in what would be titularly called the backyard uh it's difficult in terms of access on this flag lot and also a number of mature oak trees would have to be removed and that back portion of the property uh floods almost every
time there's a rain. Uh I do have photographs that show the flooding and the uh trees if you would like to see them. >> Yes. Uh, let's see. So, that's that's what the flooding looks like. And you can see some of the trees.
>> Make sure you talk into the mic so that we can pick it up. >> That depicts the flooding and you can see some of the trees. And if I may show the next picture, Madam Chairman. >> Yes. >> Keep going. Keep going. >> Keep going. >> There. >> There you go.
>> All of all of those mature all of those mature oak trees would have to come out. Also, another problem with the location in the so-called back here is as you see that kind of hilly area that is the drainage and septic uh for the um for
the property. The benefit would be not only to uh avoid the flooding uh improve the access and avoid taking out the trees but the location in the again so-called front of the building is um
there is a fence line there. The neighbor already has a metal building there an accessory metal building rather large and they tend to maintain a lot of older cars and equipment there. It would improve the view significantly. Um, we are on very good relationships. Miss
Todd is on very good relationships with all our neighbors. They socialize often and uh they have expressed that they have no problem with it. Um, I think that's all I need to share with you unless you have questions. Madam Chairman, members of the board. >> Okay. Well, I see this slides in
district one and that's my district. Dr. Bass, I'm sorry. >> Oh, I said Mibs, Florida. >> Oh, yes. Um, Dr. Bass, you start off with the questioning, please. >> No, that's not my district. I know it's my district. So, >> okay. Um, I don't have any questions at this
moment. Go. >> Okay. >> Let's have some more conversation, but I I understand what you're saying, >> Mr. Humber. You have any questions? >> You don't have any uh letters or anything from the neighbors, do you? >> We don't. I would simply note for the record I
don't recognize anybody here as being the neighbors that would be in opposition. We do know all the neighbors well. >> That's a good thing. >> Any questions? >> No questions. Seems pretty straightforward. >> Yeah. >> Okay. So, I just want to reiterate what
you said just so I can get a good understanding. So, you're really pretty much it's a metal building 12 by 20. You're proposing 30 by 40 in your backyard. You don't want to remove the oak trees and due to the flooding. Correct. >> Correct. >> You said your neighbors are all in
compliance. You have no problems with that. So, I'm going to ask now if you just step to the side. Is there anyone here that would like to speak for or nay for this variance, please? Seeing none, come back. Okay. Well, would you like to make a
motion, Dr. Bass, please? There's the two varants. Oh, let me get the I'll make a motion to uh approve the variance as depicted in the survey provided by the applicant dated 610 2025.
Did I get the right one? >> I'll second. >> So, we have a motion on the table. Dr. Bass approved with the date of 610 2025 and Mr. Hberg seconded. All in approval chairman. >> Yes.
>> If I may, I need to point out that it's two variances that are being requested. >> Correct. The first one equates to 33% deviation. Correct. >> Yes. >> And well, what's the second one? Wait, hold on. Did I have a mistake? The first
equates to there's no varian >> legitimize the first one. >> The the variances would be one would be a 10-ft set back instead of a 15t and the other would be the location in the front as opposed to the so-called back though.
>> So let's let's um let's do it like this. for the variance. We're going to add a S to that. We're making approval. Go ahead, Dr. Bass. Please do that, please. >> Yes. I make a motion to approve the
variances, the two variances >> uh as depicted >> that are depicted uh by the applicant uh in the survey dated 61025. >> Thank you. And we second by
>> I'll second. >> Okay. All in favor? Okay. The six criteria, man. >> Criteria. >> Um before I do the criteras, I was I already asked if anybody wanted to say anything and it was none. So the
criterias are as follows. 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 of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in an identical zoning classifications under the provisions of this chapter. it 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 as such use variance would not be injurous to the area involved, otherwise detrimental to the public welfare. We had a motion to pass, a
second. We're all in agreeance. this variance have passed. Thank you. >> Thank you so much, Madam Chairman, members of the board. And if I may say, we very much appreciate the prep professional staff. They're great credit to the county. >> You're welcome. Thank you. >> Do you need these pictures? >> You're welcome. >> No.
>> Yeah, we need to have that. >> Oh, you need it. >> And we have our next variance, please. Yes. Item H 8, Andrew P. Lee and Devon Kernan request variance of chapter 62,
article 6, Bavar County Code for a dock in an RU-1-13 zoning classification. Application is 25V 00054 and located at tax count number 248945
in district 1. >> Okay. >> Good afternoon, board. >> Um, hi. Good afternoon. Can I have your first and last name, please, for the record? >> Andrew Lee. >> And just put the mic a little bit so we can hear you. Say that again. >> Andrew Lee. >> Okay. Do you swear to tell the truth? The whole truth and nothing but the truth? >> I do.
>> Good. And how can we help you, Andrew? >> Uh, we're applying for a variance of uh 8 foot 6 in for a boat dock. Uh we're out on Lake Point set on 835 Mard Road. Um so we've spoke with a lot of our
neighbors. Um it's very tight-knit out there if you if you know the place. Um so no one's in in disagreeance with what we're trying to do. Uh thankfully. Um so we're applying for the variance. Um my
seaw wall was replaced back in 2012. I believe it was before I owned the house. And um so they went out several feet out in front of the existing seaw wall and uh supposedly there was water moccasins there. I don't
know. They didn't they didn't want to tear the old seaw wall out. So that that was approved. Um so because of the the adjustment on the um setback on you know going out in front of the existing seaw
wall several feet uh it's caused us to have to you know build a smaller dock I suppose. So we had an existing boat dock there when we purchased the place. Um we bought it in 21 and so the dock was 50
years old. It was it was coming apart. So we rather than have it blow into the back of the house or blow into one of the neighbors houses during a hurricane, we just we cut the top of it off. And um so at any rate, my contractor, you know,
I don't know if sometimes you can apply for these things like a repair on a dock. Um but that she they never brought that up to me. So we just applied to a permit to build a new one. So, um, like I said, I've spoke with all the
neighbors. Um, actually, some wanted to come speak today. I told them they couldn't. I was the only one that could talk. So, um, but that's where we're at. That's where we're at. >> Okay. Okay. >> And I do have some pictures if you know you like.
>> Okay. Well, that's district one and that's my district. You can show your pictures now, please. >> Okay. Um, do I put them on the overhead? >> Yes, please. >> Okay. So, this is Let's see. Yeah, that's the backyard there. So, our
neighbor to the south of us has a docked. It's extends out to about where we're trying to go to. Um I don't think he applied for a permit for that one. But at any rate, that's he's he's the last one on the end of the
canal. >> Yeah. We're not here for him. We're here for you. I know. So, let's keep it there. >> I know. Okay. >> I told him I didn't want to throw him under the bus cuz he was the one that wanted to go he wanted to come >> he wanted to come speak for on my behalf. So,
>> I'm sorry. That was awesome. >> Okay. You have any other pictures? >> Uh yeah. I took a few um actually took these this morning when the sun was coming up. So, this one is to the south.
I don't know where that no weight buoy came from. It just kind of landed there. It's been there for several years now. picture. Okay. >> And that's all the pictures. >> Yeah, that's all. That's all. I took some more, but there's not much need for it.
>> Okay. Okay. I'll open up for discussion, Miss Clemens. >> Um, so I see the I guess this is the plan. It's not going to impede any kind of ingress or egress to the canal. >> Yeah, it will not. Um, the other good
thing about our canal is there's no neighbors on the other side. So, it's just houses on one on one side of the street. So, >> so you're saying you can swing wide? >> Yeah, >> I don't have any additional questions. >> Okay, Mr. Humber.
>> Yes, I do actually. Uh, it says here that the previous owners had the seaw wall replaced and they made it bigger because of snakes. >> Yeah. >> So, um, it sticks out further than it should, right?
>> Yeah. which uh which is actually helping you because you have a bigger boat. Is your boat there now? >> No. No, it's in >> So, you have a new boat? >> It's in the garage. >> It's in the garage. >> Yes, sir. >> So, you don't have your boat in the
water now because the >> There's no There's no boat there. >> Dock is too small. the the existing dock that we tore down was too small because actually what they did was that dock got smaller whenever they went out with the seaw wall. So it it it went from
probably a 10-ft slip to a six foot, you know. >> So you never had the boat in the water. Is that correct? >> Uh not my current boat. No >> any other question. So, it is a new boat. The one you have,
>> it's a 2022. It's pretty new. Yeah. >> Okay. >> All right. >> But that's in the garage, right? >> Yes, ma'am. >> Okay. >> We have a airboat, too. So, >> Okay. >> Yeah. It's my my wife wants to actually put the airboat on the boat dock.
>> Okay. Dr. Baz. Well, these are common where this is a common request that we see often times as as Bvard County gets older and uh seaw walls and docks begin to fall apart, right? >> Uh I don't see any problem. It's not
going to impede the river traffic fortunately because you don't have anybody on the other side of the river from or the from the waterway from you. And it looks like your neighbors have got some fairly large docks to begin with. Yes, ma'am. So it doesn't look like that you're going to be exceeding
anything that is already there. >> So I don't have any questions. Uh based on that, it looks like it's pretty straightforward. >> Yes, ma'am. Thank you. >> Okay. Mr. Hburg, would you like to make a motion? >> Uh sure.
I'd like to make a motion to approve this variance as depicted on the site plan provided by the applicant with a data 714205. >> Do we have a second? >> I'll second. >> Okay,
Mr. Hberg appro approved this motion. Dr. Bass second. Now, I'm just going to ask to see if there's anyone in the audience that's in favor or nay or yay for this variance. Can you come now, please? Seeing none, come back. I'm
going to read the six variants. That special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classifications. That special conditions and circumstances do not result from the
actions of the applicant. Three, that granting the variance requested would not confirm 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. Four, that literal enforcement of the
provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter that will constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum
variance that will make possible the reasonable use of the land, building or structure. And six, 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 had a motion to approve by Mr. Hberg, a second by Dr. Bass. All in favor say I. >> I. Your variants have passed. Thank you. >> Thank you. >> I have a good afternoon.
>> Can we have our next variance, please? >> Yes. Item H9, Paul and Cheryl Pearson request four variances, chapter 62, article 6, Bavar County Code for the Breezeway requirement, a principal structure, and second principal
structure and a proposed RU-2-6 zoning classification. parcel is currently zoned RU-1-9 zoning classification and the application is 25B 000055
located at tax account number 2611660 in district 4. >> Okay. Good afternoon. >> Good afternoon. >> Can you come up one at a time and can you state your name? >> My as you can hear I can hardly talk. My name is Paul Pearson and my wife Cheryl's here and I turn it over to
Steve Totty the contractor that's doing the job. Okay, just state your name for me for right now. >> Steve Toddy. >> Okay. And come. Wait, sir. I just want to swear you both in. Come on back. Do you swear? Do you both swear to tell the truth, the whole truth or nothing but the truth? >> Yes, ma'am. >> Okay. You can have a seat. And now you
turn it over to your contractor. >> Thank you. >> How can I help you? >> Okay. Um, so the Pearsons purchased uh the property we're talking about today uh back in April. It's approximately an
acre. It's on uh US1 kind of near Post Road. It's in an area kind of a blended area of residential and commercial um kind of a mile marker. There's marker 99 is in that journal. There's a restaurant right there. There's a
restaurant and to the north is another piece of property that we're currently building a big house for them for the Pearsons and uh which is was commercial. we got a residential uh approval to build a house and then it's this property and then
next to them are the friendly neighbors who like the idea that the Pearsons are taking it over from the previous guy who was a real problem. Um so what we have is is their lot is kind of unique and then it's about 35 ft on the
river and goes up to 150 feet on US1. So it's this giant pieshaped thing. So that ties into uh there's some variance we're asking for about the previous house that the guy this guy Jason that owned it before. Um I think he applied for a couple
variances in the past. Uh but they bought what's existing. So we're not asking to change anything on the size of the houses doing anything. We're just trying to work with what's there. And uh so it's a house and in the um the house is close to the river. There is a
fourcar uh garage that is in the front of the property and that's what we're looking for for a zoning change to convert to put uh legitimate apartments in there. The previous owner put two illegal
apartments on the above it. So our you know their thought is is get the proper approvals, go in, get a permit and do it correctly. So that's what that's what we're interested in doing. So, uh, unfortunately, uh, the house has got some like 1 foot setback issues in a
couple places and, uh, also there's a breezeway, uh, requirement that the county has. Don't completely understand how that breezeway calculations work. We did provide the surveys for them and working with staff and they said they thought it was okay, but I don't really know that for sure. So that's what we're
looking for is the the ability to uh accept the breezeway conditions that we have and then utilize the two the structures that are in place. >> Okay. I see this is in district >> four
>> four. Dr. Bass, you could start off. >> Well, to begin with, there is a house, a residence to the south and to the north of this property, not the restaurant. They correct the the pier >> they are RU1-9
single family residents zoned including this property. >> Correct. >> Now this variance and everything that you have written is quite unclear in my mind. Now you also are referring here to
uh a potential future zoning of RU26 which is a six unit multifamily residential use. >> Correct. And how does that affect? >> This is what staff recommended that we do is to is to provide.
>> So you want to take a residential zoned property and you want to change it to a R26 multi-family residential use. So you're going to be moving in people. >> It's correct. It would be apartments.
So, you are going to change it to a rental area. >> Correct. >> Right. There's other other places that are doing the same thing around there. >> Well, we're not talking about those. We're talking about this. >> Yes. And this is also uh Mr. Pearson
spoke with the neighbors. There is an >> There's only one neighbor and that's the one to the north. >> Correct. Yes. >> Because he's the neighbor on the south. >> Correct. Yes, that's correct. >> Excuse me. >> Would you >> There's two neighbors to the north. Yeah, >> there's two neighbors to the north.
>> Not side by side. There's one >> side by side. >> Okay. >> In the back. All right. So, there are two and they're >> and I've spoken with both of them. >> They are zoned nine single family residents. >> Those are Yes, ma'am.
>> It's >> this is a recommendation from from the staff for us to present it to you this way. Well, when you answer the questions, when you go through the questions, let me just do this. In number one, the special conditions exist, you're talking to begin with that
the house has three setbacks with area encroachments and you're requesting a variance for the other two. It's very unclear to me exactly what you're asking for. Uh, let me go on. Um, and number two, the response says that special
conditions and circumstances do not result in the actions of the applicant. And you say that any non-conforming conditions happened due to the action of the previous owner. Uh, is that for all the property? Yes. >> Including the the breezeway? >> Yes, ma'am. >> Yes.
>> And that breezeway was approved by the county when they built it. There is a permit that was >> But you're asking for a variance for the breezeway. That's what they they recommended, not us. >> The reason they're asking for the breezeway is because it's a part of the requirement for riverfront property when
you have a multifamily zoning classification. They want to change their zoning classification from single family RU19 to a multifamily zoning classification so that they can >> a multif family by six. >> It's six units per acre. They aren't going to do six units. I don't think
they have the acre. >> We don't know. doesn't say >> they don't have they don't have the acre of land. >> So whenever they're trying to get the zoning classification, there's issues with the setbacks for the multifamily
zoning classification. One of them is the breezeway calculation. The other is because they don't meet the 10-ft setback off the property lines for the north uh where the house for the principal structure is for the south for the principal
structure and for the twostory apartment that's proposed that's going to be there that's now a garage. Um so they need to meet all the setback requirements for the proposed RU2 6 zoning. So that's the reason they're
here for these variances is the proposed zoning classification. >> In question number four, >> previous owners built the house. >> If you could get up and speak into the microphone if you're going to be speaking. >> This is my first time ever. >> That's okay.
>> The previous owner, if you all know, had serious issues with the county multiple multiple multiple times. and he and the previous owner to that built the items that are having to set back issues, not
us that purchased the property. We discovered this when we went to go and do what we were going to do. The previous two owners created these setback issues. We didn't do any of them. So, we're not asking for anything that we're doing
new. This is something that's already existing for over 20 years. Well, then let me read the answer to item number four where it says, "It would be our intent to construct three new properly permitted and constructed apartments in the existing structure after obtaining
the necessary variances." >> That was the verbiage from the city, I mean from the county. >> Please, >> that's the verbiage from the county, not from us. Ma'am, we the buildings are already existing on the property.
As I said, this is not clear. I'm asking for clarification. >> That that's what I'm trying to say is we didn't do this. You know, we're just asking for the approval and the exception because of the previous two owners created all these issues in which
we are now existingly found out in the last 120 days trying to do this. We're not literally building anything new. Well, then why are you saying that you're going to construct three new properly permitted constructed apartments? >> That that was the county department. Who
were you dealing with? >> Was Sandra Sandra? We're just trying to be transparent about what the ultimate uh approach is here is that if we're able to get that zoning, then we would take that front garage, not change its footprint at all, do nothing with it,
get rid of the two illegally built apartments that the previous guy did, and then properly permit them and put and then put uh you know, legit apartments in it. That's that's that's that's the thought. And we can only do four units. We had to go for the for the
six on the zoning because that was the next level that when you do the calculation on the size of the property, we still can only put four units. >> So, we're only doing >> to me like we're we're making we're approving something in anticipation of
the future. >> Yes, they are. They're trying to reszone the property. They did have a variance to the setback to the side approved for the previous house. There was a garage apartment that was supposed to be
garage, not apartments, but garages that were supposed to be attached to the house and they met the setback. Now they're going to go through reszoning the property. They already had the application in to reszone it to multifamily. So they can take these two
garages that appear to have apartments already added into them, which is not meeting code to get them legitimized. So when they're trying to get the RU26 zoning, it has different setbacks than
what was previously approved to the setback to the south property line for the house. The garage was built with the correct setbacks. Supposed to be attached with a breezeway. I think the breezeway has disappeared after numerous storms, but this is all for a proposed
reasonzoning that they're going to be going through on the property. Did that help? >> Currently, there's no variances or any kind of premise for what's on the property. You're just
>> There is a variance right now. >> There is, >> excuse me, >> to the house >> for the setback on the pro south property line. It's for the RU19 zoning. >> It's for the RU19 zoning. It's not for the proposed zoning. Proposed zoning
requires more setback. Not by a lot. By just a little bit, like a couple feet maybe. >> Sorry, what's that? I think it was only a couple feet differential between the two zonings. >> Uh the um single family is 7 and 12 ft
and the RU26 requires at least 10 ft set back and then it requires a breezeway of 30% in the first 250 ft off of the river. >> So that's what you're looking for the variance for the breezeway.
And then we're looking for variances to the 10-ft setback also on the per on the uh existing garage that's going to be converted. I guess that's already converted into the apartments and the house.
>> Most all of this was already there. It was there when we purchased it and it's been there. It was there when we purchased it and it's been there for over 20 years. >> It isn't something that we're >> I'm just trying to figure out what you're going to be doing with it. It just seems like it's not >> all to be honest with you ma'am. All
we're doing is putting two apartments in where there's a two threecar garages now. That's all we're really doing. The setback issues are something that was previous that's been brought up. That's why we're addressing it in front of you, the board. We didn't I mean I own the
property to the south, so I have no issues with the setbacks meeting my property and that's where they're all at. >> Yes, I know you do. In question number six, you said, "We intend to develop a first class product that is a in this blended neighborhood
that will be happy that all neighbors will be happy to see." >> Right. Just to clarify that the the previous owner uh created a bunch of junk there and it was a horrible condition of a of a place. Mr. Pearson
doesn't do anything but first class. You know the idea is going to be enhanced landscaping uh put new sighting on the buildings make it look better and just do a first class looking development. That's we're just trying to explain that the future you know being transparent. What we want
to do is just make it a first class place. That's all we were trying to say. It's not going to be keep it this uh piece of garbage that's was previously there. That's all. >> Well, I drove by it. Didn't look quite that bad, but I it was a piece of garbage, but >> it's pretty bad.
>> There there was actually three trailers on the property. >> Well, there I didn't see that. >> Well, that's not now because I've had everything removed, ma'am. I've cleaned it I've cleaned it up. I've spent $75,000 just cleaning the property up right now without doing any >> rehab. Your investment.
>> Well, no, I appreciate that. This is true. I'm just trying to make it, you know. >> Yeah. Do you have any more questions, Dr. B? >> No. Okay. So, I'm I have Well, let me I probably have a statement, but I just have to sum this up for my own good. So, in other words, what we're really doing
here today is that on this property that you purchased, they already had existing apartments there that you consider what I call a slum lord. You cleaned it up and now you want to legitimize it to make it better for the neighborhood. So, you're not really um And that's what you
mean by you said develop a first class product. Correct. >> Okay. So, I think that's what he's trying to do is legit legitize what they have on there, right, to make it better. >> The parcel was not supposed to have the apartments on the garages. They were
built as garages, >> correct? >> Somebody came along and obviously built some apartments on it. This gentleman bought the property, >> correct? >> With the apartments on it. >> They're illegal apartments. So, he's trying to get it so it can be into a
legitimized everything that's on the property. >> Correct. So now we just trying to make it legal, right? >> Yes, ma'am. That's what we're trying to do. >> That's all we trying to do. Okay. And how long you own this place? >> I just bought it in April, ma'am. >> Oh, you just purchased it this year. Okay. Yes, ma'am.
>> All right. So, okay, I see that. Mr. Humber, >> Miss Clemens, >> no questions. >> Okay, Dr. Bass, what say you? I mean, that now we understand exactly what you're here for. we get a better picture of because like when we read something
in black and white, it didn't make sense because it sounded like, let me tell you what it sounded like. It sounded like you were in this nice neighborhood. You wanted to take this R1 and make it all sudden something different, but actually was already there. And what you're trying to do now is be that nice
landlord tenant and make it legit with the county. >> Make it legit with the county. That's all. So, >> I can understand that. I respect that, Dr. Bass. What say you? >> Okay. No more questions. >> No more questions.
>> I ask anybody else. Okay. >> Oh, is there anyone here? I'm sorry. That would like to talk about this an approval or rebuttal. Anybody? Okay, I see none. Come on back. Dr. Bass, would you like to make a motion?
>> All right. I will make a motion to approve the variance. >> There's actually depicted. >> There's actually four. >> You can't put an S on the end because there's a couple of them. >> That's right. There's a lot of them. >> Okay.
>> The variances. >> Okay. >> As depicted in the survey provided by the applicant 82725. Correct. >> Do we have a second? >> A second. >> Okay. We have a motion to approve by Dr.
Bass, a second by Miss Clemings. All in favor say I. >> I. >> I. >> Thank you very much. >> Wait, wait, wait. Let me read the six >> Oh, I'm sorry. >> The things that we've been talking about, right? >> So, >> I've just heard >> you got excited, right? 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 and we see that they do not. Three, 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. Four, that literal enforcement of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum
variance that will make possible the reasonable use of the land, building or structure. and six that the granting of 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. So I want to be clear that we're approving this variance sis because there's a couple of variances that we're approving all of them >> correct four variants they have all been approved with a date of 827205
>> and just to clarify for the record the vote was >> and to clarify the vote for the record Dr. Bass >> approve >> Mr. Hburgg. >> Yeah, sure. >> Miss Clemings, >> approve. >> Sonia Meard, approved. Your variants
have approved. Thank you. >> You're welcome. >> Thank you. >> You're welcome. Can we have our next variance, please? >> Yes. Application 10H, I mean H10. Linda Muns and Aaron Muntz Jr. request
variance of chapter 62 article 6 Boulevard County Code for the lot size for a proposed AU zoning classification. The parcel is currently zoned GU zoning. Its application number is 25V000059
located at tax count number 2313962 in district 1. >> Okay. >> Hello. >> Good afternoon. >> I'm Linda Muns. >> I'm sorry. Say your name again. >> Linda Muns. >> Okay. Do you swear to tell the truth,
the whole truth, or nothing but the truth? >> I do. Okay. How can we help you this afternoon? >> Um, so we wanted to apply for a variance. Our property size, my husband and I. >> Okay. >> Um, and our um, our existing property
size is 2.23 acres. If it was 2.25 acres, then we could have just done the variance administratively. Um, but we are 0.2 acres too small for that. So, we need to apply for the variance so that we can then apply to have our zoning switch to AU. Like most of our
neighbors, we're in Canaveral Groves. >> That's really about it. >> Okay, that's it. Playing cut and dry. >> All right. Well, you I see you in district one. That's my district. Dr. Bash, you want to start off the question?
>> No. >> Oh, Mr. Hbert, >> I just have one question. Do you know if everybody in the area is zone GU or >> It is a mix. There are I think the one that's to the south of us is GU. The one that's to the north of us, he's the same
size, but he's AU. Um, across the street is AU. There it's all over out there. A lot of it's AU. >> Okay. Thank you. >> Okay, Miss Clemings. >> No questions. Okay, Dr. Bass. >> Okay. Well, it's coming back to me. I
see this is really clear, cut, and dry. You're really in front of us today. You just purchased the parcel on July 10th. >> Oh, no. We that we've >> 2017. >> Yeah, that was 2017. We bought the land a long time ago. Yeah. 2017. >> Then we built our house on it uh
finished it in 21. >> Oh, okay. You just want to change the zoning classification. Yes. >> That's what you're here before us today on. >> Okay. Miss Clemens, would you like to make a motion?
>> Sure. I'd like to make a motion to approve the variance request as depicted on the survey provided by the applicant with a date of 827205. >> Do we have a second? >> I'll second. >> Okay. Miss Clemens made a motion to approve. Dr. Bass
second it. I'll just like to ask the audience. Is there anyone here that would like to speak in favor to this variance? Yay or nay? Seeing none, I will read the six. That special conditions and circumstances exist which are not applicable to other land structures or
buildings in the applicable zoning classification. That special conditions and circumstances do not result from the act 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 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 would 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. We have a motion to approve by Miss Clemings, a second by Dr. Bass. All in favor say I. I. >> For the record, >> this this variance have been passed. Thank you. >> Thank you very much. Can we have the
next one please? >> Yes. Item H11 Leroy Barry Senior and Janelle Barry request variance chapter 62 article 6 Boulevard County Code for an accessory structure in an RU-1-7
zoning classification application is 25V 000061 located tax account number 213275 in district 1. >> Okay. Good afternoon >> in the mic. State your name for the
record, please. >> Lero Berry, Senior. >> Okay. And your name, please? >> Tanisha France. >> And can you both you swear to tell the truth, the whole truth, and nothing but the truth? >> Yes, ma'am. >> Thank you. How can we help you today? >> I just need you to speak into the mic. >> We're here on a variance that we had put
a structure in the back of my house and we had some problems with, you know, some footage. So we got engineer and everybody else to look out what we had need to get it finished. So we came to this point right here today to see if we
can get the variance to pull forward for the permit to set the structure that we have forward. >> Okay. You have anything you'd like to say? >> No, no, I'm just waiting. >> Yeah. Can you make sure you speak into the microphone so we can pick it up on
the recording? >> Okay. Um, Miss Clemens, you want to start off with the questioning for me, please? >> Sure. >> Did you build this building? >> Yes, ma'am. >> And you did not pull any permits to
>> Yes, we have permits now that we had paid >> now have permits. >> Yeah, we have all that. We need >> the variance to legitimize it. >> There is a code enforcement that's active on this. Yes. >> Where is that? Where is that standing?
Like >> I believe it's pending this >> this before the building permit can actually be approved. >> Um there is a building permit. There was a code enforcement action for work without a permit. Then uh they came in to apply for a permit. Wasn't meeting
code requirements. Now they're asking for a variance. So the building permit is still on hold for the time being >> based on the code enforcement. >> Okay. What was the intended use for the extra building? >> Yes, for storage. >> Just storage. No living. >> Yes, no living. Storage.
>> And it says twotory somewhere. >> Yes. We have like >> like um I do construction so I have a lot of power stuff. >> So I'll be using that maybe to the bottom and then put like storage like house stuff, clothes, whatever up top. >> Okay.
>> I don't have any other questions. Okay. >> Mr. Humber? >> No. >> Dr. Bass? No. >> Okay. So, I just want to get a better understanding as well. So, you're coming before us today because um >> Excuse me.
>> Trying to ask a question. >> Yeah. >> It was over the property line 55 deviation. So, it's a storage. >> Yes. >> That you have that you built. You built yourself? >> Yes. with others with my engineering construction.
>> Okay. And now you want to legitimize it, correct? >> Yes, ma'am. >> Okay. Is any neighbors to the left or the west of you? >> Yes, ma'am. >> And how do they feel about it?
>> Well, I don't like to speak on it, but >> I'm sorry. >> As I speak >> Oh, you didn't speak to them? No, I spoke to um the ones next door, but we never saw eye to eye. So, I was going to kick that thing to myself to whatever. >> They're actually here.
>> Oh, they here? >> Yeah. >> Oh, okay. All right. >> So, no biggie. But, you know, like I say, neighbors are neighbors. >> Okay. >> Respectfully. >> Okay. So, let me ask you all to step to the side. Is anyone here that want to
speak in favor or against this? Please come to the front. Yes. >> Different people. >> Okay. Two different times to speak. Okay. Thank you. Well, come up to the and um just state your name, please, for the >> My name is Ponita McDonald and I stay at
2574 Patun Avenue in Mims. >> Okay. Do you swear to tell the truth, the whole truth, nothing but the truth? >> Yes, I will. >> Okay. How can I help you? >> Well, I'm >> Are you for or against? >> I'm against. >> You're against? Okay. Why? >> I'm against it because they are trying to move the house towards my side. I
don't have no >> Wait, stop. They're trying to move the what? >> The house. It's not a It's not a storage. It's a house. >> Okay. Wait. We can only take it from her. They're trying to move a house. >> That is the twotory house that they built. They saying is a storage. It's not a storage. Is a house.
>> Okay. So the person that built the house is a person out from the street is not a contractor. >> Okay. Okay. >> So you're against it cuz they're trying to move the house and they're trying to move the house where? >> Yeah. They done already took six feet of the front part of put a fence up. I
can't even go out my side back door. >> So it affects your property. >> Yes. >> Okay. Okay. Anything else? >> Well, I just feel like they shouldn't be doing that anyway because I pay taxes just like everybody else and I want what
I paid for. That's it. >> Okay. So, let me make sure I understand this. They're not It's not a storage. It's a house that they moved that's now on your property. was to build a house in the back on Miss Brandon property
back here on that back part. They wanted them to move that. So, they trying to move the storage or whatever the storage, the house, whatever it is that they built. >> Okay. Okay. Anything else? >> No, that'll be it. >> Okay. Anybody have any questions for
her? Is this structure you're talking about this white? >> Yeah, >> they got a they got a um what you call a little house there and plus the little fence there and then the back at 2570
over there. They got a fence over there on the other side of it. >> So this structure was built on your lot a little bit on your lot. Now they're moving it further. >> Well, they saying that it's not mine. So they don't put a fence up there. So I called code enforcement about the fence.
So he got angry about me calling code enforcement cuz he had to pay for the permit. They put a fence there. I can't go out my side door at all. I supposed to have so much room to go to each side of my house
>> and I don't have that. >> Okay. >> Okay. >> So this isn't really a variance. This is more of like an encroachment. >> Right. >> Yeah. They're supposed to be moving it is what it is and it's over the the square footage requirement. That's what this variance is for. It's for being
over the square footage, >> but she's saying that it's actually on her physical property. >> It's being moved with the building permit. It was over her property. Okay. When you look at the S uh survey that does for the application, you'll see that
it's existing accessory building that's over the per uh property line and then you'll see building to be moved and it's showing where it's being moved on the survey >> meeting all the setbacks. >> So, you wouldn't have any problem if it was moved to the correct location?
>> If it's on their side, I don't have a problem. If it's on >> based on this permit, they're saying that it's that it's not >> what basically is the whole property supposed to be theirs. I don't have no property. I just have a house there. The
county bought built both of our houses over what the county did, which is the construction people that built the house. They put our houses in the wrong spot. That's why they figure that they have most property than I do. I'm my
back part only have 120. That's not that's not what it is. I have 130 in the back and 66 in the front. That's when I purchased the house. I went to the title company. I got the paper stating that this is where the property at. I have the the um title paper, the deed
warranty. Now, >> can I ask you one question? >> Yes, sir. >> Maybe two. >> You're saying the structure is two stories, correct? Yeah, it's two story. >> It says here it's 1,314 square feet. That's kind of a big
structure to be moving around a yard. So, uh, does this do you know if it has a foundation or anything? >> They have the concrete the it's built up. It's not finished. It's not completed, >> but it's concrete. >> Yeah, cuz I call cold enforcement.
>> Okay. Thank you. >> And you're saying that they're going to live in it versus storage? >> That's what its purpose is for, not a storage. Okay, that's the best. >> Well, how are you going to move a building with a concrete floor?
>> They put the concrete there before they even did any building at all. >> So, now we're going to move the house >> further inside their property and leave the concrete base. >> I I don't know how they're going to move
it. I don't Okay. Thank you. Any >> All right. No. Can I have the next person, please? >> Okay. Your name, please, for the record. >> Uh, my name Flora Brandon. >> Okay. You swear to tell the truth, the whole truth, nothing but the truth. >> Yes, I do.
>> Okay. Now, are you for or against? >> I'm for >> You're four. Yes. >> Okay. >> The property that they have the house on, it sits on my property actually. Yes. If 2569 Pineapple actually I go all the way past them where what that's
sitting on that house on the opposite side of me when they built that house from what my aunt cuz I bought the house for my aunt. She told me that house which is on the side of me. I think it was 27 something 2570. That garage that they built my that's my property. I go
all the way over there in between the garage. I have two I have two properties. I have two deeds that I own that over there. So, my thing is that I'm standing get over here today is I don't want them to move in. I'm fine with where the house is at because it sits like this is my house, right? This
is my property here and it sits right here on the corner of my fence, but we didn't never fence it because actually Mr. Barry, his daddy is my mama's brother and I never fenced it in. And me and my husband never fences because my uncle used to have a garden back there.
So we just use it as a family, you know. I didn't want to take anything cuz it's for one, this land don't belongs to us. So I'm not here to argue about no land or none of that. I'm just here to set like I don't want him to move it. It's fine with me. He can keep it there. If you guys want to bring somebody to
severe it, I mean, if I knew I needed to bring my deeds, I would have brought it because I'm just getting off from work and I got a letter from you guys about the property. So, like I say, on the opposite side, I goes from that garage all the way back. It's okay, Mr. Bear,
on my property. I'm fine with that. And I told them that I was fine with it. You guys don't have to move it. You You don't have to move the property. I mean, you don't have to move that the little um thing he has over there. It's fine. >> Well, then why are we here?
>> I'm here because >> No, but >> I don't know why they're here, but I'm here because I own that property. back there where that house is sitting on. Whatever that is they got the shed or whatever it is, I own that property. >> Well, if you don't own the property, how can you request a variance?
>> I'm here to do whatever he got done. >> Okay. Whatever he needs done, I'm here to do it. You know, I've been working. I work for the school >> and I don't never get a chance to get off. And I told my boss today, I was like, "Hey, listen. I got a letter came in the mail and I need to go forward today about this thing going on, you
know, and I was like, you know, I need to have it taken care of. It's a family thing. That was my mama's brother. We actually that whole little area in they live on the opposite side of um Mr. Barry. I've been knowing them for years
and we all live in the same area. So the other side is over there. We always left it open for my uncle and his wife because they had a garden, we had orange trees, we had all of that. And I never wanted to take nothing from nobody. I just wanted them to just we all be one as love. That was it. But you know, hey,
I don't want it moved. Leave it where it's at. >> Okay, >> I'm fine with it. If I need to go farther with it, we will just leave it. >> Okay. Thank you. >> Thank you. Just for clarification, >> even if she doesn't have a problem with where it's located, it currently does
not meet code requirements and it is encroaching into the neighboring property, which it does not allow for. So, they are going to have to move it one way or the other. >> Wait, what? She said, what happened? >> We know it's supposed to be moved. So the survey, Mr. Thomas, he came out and did the survey. >> So we know it's supposed to be moved.
That's why we are here so we can get it moved and go ahead continue with the uh storage getting moved forward behind Mr. Berry House. The storage is not on their property. So we got a fence. We got a permit for the fence. Um it was
expected. So it was not on their property. Nothing is on their property. If you have the the survey, if you could pull the survey up, it tells you nothing is on their property. >> They don't y They don't have it. >> They should have it.
>> It shows you where my where my >> the survey that the survey that we have that was turned in for the variance application shows a twotory frame accessory building and it's over the property line. It's it's over her property line >> and that's what we're here for is for them to move that
>> and legitimize it over the square footage. >> It's okay about move. If you say you got to move, okay, it's fine. But if you look behind that that fence that back there, I >> I don't have anything that shows behind it. I'm going off of what we're looking at on the survey. That's my property that you're looking at. That's something. No, I'm just saying that's my
property that you're looking at that is sit exactly right there. My bedroom is right behind it. >> Corner. >> Yeah. on that corner is my bedroom. >> So, let me say this. What we dealing with right now is the variance that's set before us right now. >> So, I want to be really clear, Mr. Bro,
you can help me out, too, because I need just need to sum this up. >> Yeah. >> Excuse me. What I hear right now is that >> Okay. So, you're coming because you want to move this property that you stated was a
storage, correct? Not living, but storage. >> It's not living. Is nothing in there livable? cuz we have to have water and all that. We don't have none of that. Exactly. None of that is in there. So, we have to move it forward um to a
certain extent behind the regular house. >> It's like the bearings will be if we move it that you see there on there is coming back up like right into where the clearance of where we can have it at. >> But let me just finish cuz that'll be my thought process. So, we're we're moving
your storage which is no living conditions. whatsoever, but it's going to get off of her property. Off of her property. >> Off of her property. It's not her property. That's fine. Just off of her property. However, >> that's going to open up ways for her to get out of her house. Correct.
>> Can I I'm going correct this. >> Yes. Help me out. Talking to Mike. >> Okay. If we look at I should have had brought some pictures so you can see >> where where her house at. She stays behind my cousin that passed away house.
So she stayed beside me. >> Mhm. >> Okay. So really she have structure stuff on my cousin land, >> not mine. But my land goes her land stops way before my shed that I have.
She got about like >> about maybe 20 to 15 ft to get to where my shed at. So hers laying way up >> where my fence stops at. >> I don't have that much room, >> right? So where my fence? >> But wait, all I want to be clear about
today is this variance. >> Yes. >> That you're coming before us today >> just to slide it up >> to move this storage line. Am I right, Mr. Brody? >> Yes. Yes. They're moving a twostory
frame accessory building >> to be on the property. >> Correct. >> And it's too big for the size requirement for an accessory structure. That's all we here for today. >> That's all you're here for. >> Okay. Okay.
Is there anyone else that want to speak on behalf of this? I'm sorry. Just step to the side. We have one more person. I'm sorry. >> Okay. Can you state your name, please? >> Cynthia Spying. >> Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. >> Okay. So, we understand. >> Are you for or against?
>> I'm against. >> Okay. >> We understand that they say they want to move it, but is you want to move it more to the left? cuz we to the left side of them >> and moving it to the left that that's going into our property. Okay. >> We don't mind what else they doing. We're just getting threatened. Oh, we're going to build it in the back of your
house or we're going to put it there. You know, it's personal reasons. >> So, stop. So, you're here today just to know if they're going to move it to the left or to the right. Correct. >> Because that's Yes. >> Okay. So, no more. Stop. So, have a seat. Sir, come back up to the podium,
please. When you move this structure, are you moving it to the left or the right? That's it. >> Going forward. >> You're going forward. So, you're going forward, not to the left or the right. >> You pulling it from >> from the back floor there forward. >> Okay. So, that's not on their side.
Okay. Thank you so much for that clarification. Is that clarified for you? The survey the survey that was provided shows it's going to be 13.5 ft off the rear property line and 9 ft off of the north side property line.
>> Correct. >> Okay. Okay. >> Yes. >> So looking at the picture I want to know this is the direction this is moving is toward your house. Directly toward your
house. Not north, not south. >> No. Come up to the podium, sir. >> So, >> I'm looking at this picture. So, this property, this building is going to go towards your house. >> East. That's where my house is. East.
Right there. It goes east. >> That's your house. Right there. >> Right. It goes east. If I go backwards, that'll go further back than that. >> Correct. Right. >> If I go side, that'll go into my cousin's >> correct property. That's That's what I'm looking at. I can see where it's over the property line here. So, you're going
to be moving this toward your house forward. >> Yes. Yes. I was told have to be pulled forward. >> And again, I want to be very clear. So, in so moving it now, it would alleviate the problem from the back. >> Yes. >> The problem to the left and the problem
to the right. You're now going to be >> just sit right there. >> Legal. Okay. Legal. >> Right. >> Okay. Okay. I think we >> except for the side variance. Correct. For the size varian. >> Correct. Correct. And it's not a livable structure. Correct. >> Okay. Is there anyone else here that
would like to speak on behalf of this case? >> Okay. So, I just want to be clear one more time that you have, sir, a structure that is storage. There's no living. >> No living. >> Correct. Cuz this is for the record, right?
>> There's no living. >> Storage. >> We're not going to the left. We're not going to the right. We're not going behind. We going in front. Correct. forward. >> So that way that alleviates any problems to these the neighbors here, >> the neighbors there, >> right? >> But any of that.
>> Okay. So I think we can everybody's clear on this now. We got a better picture of what we're here for. Yes. >> Okay. Thank you so much. >> I have one quick question. >> Just curious, how you going to move it? >> They have the guy that came out and helped us with the survey. He gave us a
moving company. >> Oh, okay. >> Yeah. That comes and moves structures and stuff. Okay. No, no, no. We got somebody to come and do the stroke. Okay, >> good idea. Thank you. >> Okay, so I'm looking for a motion on the floor, please. Anybody like to make a
motion? >> I'll make the motion. >> Yes, that's the best. >> Uh, I make a motion to approve the variances depicted in the survey provided by the applicant dated 57205. >> I'll second. Wait, stop. Let me just
make sure. I see um on here 711 2025. What is the correct date? >> Am I looking at Oh, did I get the >> Is the correct date 7-Eleven, please? Let's Let's do a revision, please. >> We want to get it right.
>> Thank you, Dr. Bass. >> The survey provided by the applicant with the date of 71125. >> Okay. Do we have a second? I'll second. >> Okay. So, we have a motion on the floor to approve the variance with a date
depicted 711 2025 with a second by Mr. Humber. Um, all in favor? >> I >> I'm going to read the six variants. Hold on. Get my six variants. Okay. Sir, come back to the podium,
please. That 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
from the actions of the applicant. Three, that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification.
Four, that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter will constitute unnecessary and undue
hardship on the applicant. Five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. and six that granting the variance will be in harmony with the general intent and purpose of this
chapter and that such variance would not be injurous or the to the area involved or otherwise detrimental to the public welfare. We have a motion to approve a second and all in favor say I. >> I.
>> This variance have been approved. >> Thank you very much. >> You're welcome. Can we have the next variance, please? >> Yes. Application H12, Daniel C. and Darcy Star request variance of chapter 62 article 6
Boulevard County Code for a dock in an RU-1-11 zoning classification application 25V 00062 located at tax account number 2418 477
in district 2. >> Good afternoon. >> Hello. >> Have your first name and last name for the record, please. >> It's Daniel Star. >> Okay. Do you swear to tell the truth, the whole truth, or nothing but the truth? >> I do. >> How can we help you this afternoon? >> Uh, I'm applying for a variance. I built
a dock where an existing dock was. Um, and I didn't go through the normal process. I got a code saying that I need to get the permit. Going through the permit process. County has been absolutely awesome helping me through that. Uh, one thing I didn't know was the height requirement on the dock. It couldn't be any higher than the seaw
wall. So, when I built it, I was trying to keep the dock out of the water. So, I built it above my seaw wall. And I need to make it imitate 19 and a half inches instead of 18 inches if that's okay. Um, so yeah, I built it 19 inches above 19 and a half inches above the seaw wall to keep it out of the water. Our seaw wall
is pretty low. Seaw wall's in great shape. I didn't want to replace the seaw wall. So that's what I'm here for. >> Okay. I see this is in district two, Miss Clemings. >> Yes. So, um, the code enforcement is
simply just that he didn't pull a permit for the dock work. >> Uh, hang on one second. That's correct. It appears to have been for work without a permit. >> Okay, that's it. >> It's Humber. >> I hate to even say this.
>> You said this is 19 and a half inches. >> Correct. Off of the top of the seaw wall. >> Is that going to be a problem? There's 18 on the variance. see 19 and a half. >> I I'm not sure. I need to consult with probably the attorney. It was I think
advertised at that 18 in and now he's claiming it's 19 and a half. >> Yeah. And that that's probably going to be a problem if if it's not consistent with what was advertised. >> So, >> he should come back with another
variance. Correct. >> Yeah. >> Yeah. >> Okay. Yeah. Okay. Miss Clements, you want to make that motion? >> Make a motion to table this to November 18th. >> 19th >> 19th. >> Yeah, we'll need to revertise it. >> So, it'll need to be readvertised if
that's what >> is that enough time, one month >> for the for the uh height above it if if it's changing from the 18 inches. >> Yeah. I wasn't sure if there was a tolerance in the permitting when they came to actually do the inspection if they saw that it was 19 and 12. So, I
wanted to make sure that was brought up. I failed to account for the gap in the top of the decking. I accounted for the trust structure and not the >> one request if we could put this gentleman on the top of the list. He's been here a couple hours and >> No, this has been most fascinating. This
is this has been great. I appreciate you guys. No, I really do appreciate what you guys do. >> We're almost going to have as many next month. >> Sure. >> Okay, so let's um do that again. Miss Clemens, what are we doing? I make a
motion to table the request >> to put for H2 H12 to November 19th. >> I'll second that. >> Okay, everyone in agreeance say I
>> I Okay, we table you to November 19th. We'll see you then. >> Awesome. Thank you so much. >> Thank you. >> Thank you. >> Yeah. Okay. Our next variance, please. >> No, we have one more. H13. >> Yeah, you have one more.
>> H13, everybody. >> That's okay. >> All right. Last item. >> Yes. >> H13 or Hey, Roberto and Olab Bush. Request variance of chapter 62
article 6 Boulevard County Code for a gate and an EU zoning classification. Application is 25V 0000 63 located at tax account number 26 05989
in district 2. Hello Clayton. >> Good afternoon board. My name is Clayton Bennett. I'm a professional engineer registered in you. Do you swear to tell the truth, the whole truth, or nothing but the truth? >> I do. >> Okay. Present your case, please. >> Sure. Uh we're working for uh Mr. and
Mrs. uh to Bush as they've um been through the process of acquiring this property and then um as they've acquired it, there's a reason that needed to take place because the proper zoning wasn't in place. Uh we went through that uh
last year. They're under construction at this point. Um the property, let me back up. The property is located on US1 between uh north of Panita Causeway between US1 and the river.
Um here's a zoning map uh of it. It's we got it reszoned EU to be consistent with the properties to the north. Uh let's see where here's a aerial photograph and you'll notice that it is right on US1 which is
um this is north of Palm Shores south of Rocklage so it's in a higher speed limit area of US1 and um we're on a four-lane highway and uh so it's quite quite busy.
back in about 20 years ago. Um, from the best that I could find from the records, the five properties there, this one be the subject property being the southernmost, uh, formed a Moonlight Bay Homeowners Association. And from what I
could tell, the the association was predominantly formed in order to um create an easement because they came in under a subdivision to be able to build a wall along US1. Uh if you the
subdivision code allows you to build an 8-ft wall when you have a uh a highway and it's part of the subdivision plans and uh this was a um Moonlight Bay Homeowners Association.
Um, let me back up and and you can see there in the um paragraph there was for the purpose of uh granting a 10- foot or over the westerly portion of the property a budding US1 to to build a
wall and let me just skip through these rest of the document. This is a survey that was prepared the plot plan that shows the proposed residents. They're using the existing uh driveway access there. the opening. Um, but what I wanted to
point out is if you look there along uh US1, there's the 10-ft easement with a reference to the or book and page of the U easement that I mentioned about the wall and that provided for the
um subdivision section here 622889 where it allows for a 8ft wall to be constructed. And um that wall was constructed back from what we could tell back in 2005 time frame. It was permitted. You can
see the record there from the the county system that it was finaled and it was for the Moonlight Bay Association. U we found the notice of commencements there for the wall when it was constructed. Uh there's two that were
filed. One was a corrective. So, we have the um again back with the addresses. I got some photos to kind of show you what it's looking like. This is the subject site here. This is you can see the house in the back. It's under construction. The wall that's that's um
has been um existing for, you know, the past 20 years. This is the gate to the north. Let me uh so I'm going to work from the south from the subject property to the north and uh
so this is the subject property that's the opening there is no gate there now at this time the gate immediately to the north you can see there the wall it's covered in vines but you could see the gate behind it uh which is nearly the same height as the wall
uh this would be the property then to the north of it 649 95. Um and and again you see the gate um matching the wall height. 6505 uh again different a little different
architectural sty style but then it's but it matches the the wall height there as well. And then the property to the north is 6555 and and I believe that they came in for a permit at one point with the
county and the county said that you can only have a gate uh 4 foot high because of it being in the front zoning setback. So, in the zoning section of the code says if you're in the front zoning or the front setback, uh, you're limited to
a 4ft high gate. And and that's the appearance that they have that that 655 has two driveways. This is the southern driveway and then this is the northern driveway as well. And so, it's you see the shortness in the the gate. What the
applicant would like to do is put in a um gate that would match the wall height similar to the the three properties to the north um to be consistent.
And uh here's a the ar the plans that would show that it's that height. But again, if if the we the county wasn't able to find the
plans for the subdivision walls and and um anyway, so we're we're asking for a variance because at this time they're apply um stating that we we need to meet the wall ordinance as opposed to subdivision wall ordinance. And what's
peculiar about this particular property over others is typically on subdivisions, you wouldn't have each home accessed from a highway. Typically, if you look to the the subdivision to the south, you
have one entrance and and there would we wouldn't even be in this discussion because you would have the wall all the way along the highway with the one gate of entrance coming into the subdivision. So this is uh again the unique situation for this particular property. Uh so we're asking
for foot 4 foot variance to allow for a a a gate up to the height of 8 ft to match the wall. If you have any questions, I'd be glad to answer those. >> Okay, this is district two. Miss Clemings, please. >> No questions. Seems
>> Mr. Hbert. >> Um no, pretty straightforward. >> Dr. Bass, no. No questions. >> Okay. Um, I have no questions. Is there anyone here that would like to speak to or against this variance? Can you come
to the podium now, please? Seeing none, Miss Cle, >> I make a motion to approve the variance request as depicted on the plans and survey provided by the applicant with the date of 1112024. >> Okay, we have a motion to approve. >> I'll second.
>> Mr. Hberg second. I'm going to read the six steps 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 of variance requested would not confer on the applicant any special privilege. Four, that literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical
zoning classification under the provisions of this chapter. It will constitute unnecessary and undue hardship on the applicant. Five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. And six, that the granting of
the variance will be in harmony with the general intent and purpose of this chapter. that such use variants would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Miss Clemings. We have a second by
>> Dr. B. Mr. Humber, >> Mr. Hoffman. >> All in favor? >> I this variance have passed. Thank you so much for your patience. Thank you. >> This meeting has now been adjourned.
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