[Music] [Music] You're [Music]
[Music] [Music] Hey, [Music]
hey, hey. [Music] Dancing.
[Music] Hey,
hey, hey. [Music] All [Music] right. [Music]
The [Music] [Music]
I aliance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. I now call this uh board of zoning
adjustment uh meeting for Bvard County to order for um our meeting of June 18th, 2025. Um are there any staff announcements
before we get into the meat of the No. Okay. Um, next order of business is here for the board. Uh, we have our meeting minutes that were distributed. Um, do we have any additions or
corrections, edits? No. Okay. I need a motion to approve the meeting minutes. I make a motion to approve the meeting minutes. I need a second. I second. Sorry. So, we have a uh a uh motion by Dr. Bass
to approve the meeting minutes of the previous meeting of May uh 21st, 2025. We have a second by Miss Clemens. Uh all in favor say I. I. I. Any
opposed? Okay, motion passes. Um Mr. Bodie, could you uh give us a reading of the function of the board of zoning adjustment? 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 Bvard County Code. The board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9. Pursuant to Florida rules of appellet
procedure, any person or persons jointly or severally agreed by any decision the board may 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 seven items on your
agenda today. Thank you, Mr. Bro. Um, Dr. Bass, could we have this second reading, which is the definition of an undue hardship? An undue hardship, a variance may be granted when it will not be contrary to the public interest
and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. The term undue hardship has a specific
legal definition in this context and essentially means that without the requested variance, the applicant will have no responsible use of the subject property under existing development regulations.
Personal medical reasons shall not be considered as grounds for a establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only
in instances where the land owner cannot yield a reasonable use and or a reasonable return under the existing land development regulations. The applicant must answer a variance
hardship worksheet with six questions. The board of adjustments will discuss these questions today with each applicant who has requested a variance. Thank you.
Um I will now address the board, our audience and the applicants uh regarding today's procedures um for this board uh board of zoning adjustment uh hearing. Um the board of adjustments
as a quasi judicial board with members appointed by the Bvard County Board of Commissioners will utilize Robert's rules of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their initial
presentations. Once the applicants have completed their presentation, we will begin board questioning with the board member who represents the applicant's district. When concluded, questioning is open to the full board. The chairman 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
once and only once, no repeats. Um, at the conclusion of that 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. At that point, the uh action moves to this side of the bar and the board will discuss and take action. Uh we will not use a timer for this meeting. Instead, we are asking each speaker to be concise in what they have to say. It is important that you
stay on the subject and avoid information that is not uh relevant. And I'm going to add here, it looks like a large audience today. So, I'm going to be mindful of maybe cutting you off if it if I
determine that you're getting into too much side extraneous uh information that's not going to be relevant for the board to make a decision. Um, 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 an address card. Um, please fill it out and return to the clerk. Um, are there any questions from the board uh regarding these procedures? No. Are there any questions from the applicants
regarding this uh these procedures today? Are there any questions from the other audience or speakers today uh regarding these procedures? Seeing no objections from anyone, uh we will proceed to uh what you're all here for and that's the
meat of the uh applications. So, Mr. Bod, can we have our first applicant, please? Yes. Item H1, Phoebe A and David M. Sling hand land request three variants of chapter 62 article 6 boulevard county
code for principal structure pool and covered dock in an RU-1-9 zoning classification application is 25V000016 located at tax account number 24 8936 in district 1.
Thank you. Applicants, please come forward and I will uh ask you for your name and address and swear you in before you do your presentation. So, first name, address, David Slingerland, 818 Haron Road, Coco. Okay.
Are you going to speak as well? No. All right. Do you swear that the the testimony you're giving us today is the truth? It is. Okay. You might want to pull the microphone up a little bit to you there. Yeah. I know it's a little
unusual, but Okay, go ahead, please. How can we help you? Um, I'm here for variance to legitimize the existing structure that we recently purchased. Um, so we can put a new roof and fix leaks and things like that.
your application. We are we're putting a we have a existing screened in porch that we'd like to enclose and it's currently set back as in question I guess. So we had to get a um survey and everything and when we went
and showed the survey it was with I guess it didn't meet the the setbacks from the canal. Okay. It's already existing structure but okay your application arises in district one which
is let me get my see I sorted my paper and lost my uh my header. Oh there it is. All right. I need this one out. Um, district one, which is uh Miss Mard's uh district as
chair or chair for the day. Um, I will take over the role of being the uh the district one um board member. Um, we have the map, we have your um what you put forward here.
Um, can you tell me, it's a little hard to read on my copy of the um, how much of the setback are you asking to be relieved of? I believe the setback is
required to be 20 ft and we're 11 ft currently the existing structure. So, you're about 9. Yeah. Okay. And this butts a road. Uh, no. It's on the canal point set.
Okay. I see there's like a the well north north side and also the side. Is it approximately the same problem on the the side? Um, no. The only setback issue is the
pool that's existing and the um enclosed porch that's currently a screened in porch which is against the neighboring property. Uh that's the canal side. My side. Oh, okay.
Okay. These are just normal that are short. Okay. Okay. All right. That answers my questions. Uh, anybody any of the other board members? I just wanted to you have the phone.
Good. Um, so these were existing. This is the way it was. This has happened. This happens before things change. All right. So, uh, you just want to um screen in what you already what is already there.
It's currently a screened in porch and it's leaking and we want to put a roof over that and enclose it. Okay. All right. Can you help explain the covered dock? I can try. Um, it is currently, I think,
a few feet oversized. It's supposed to be 600 square feet total and I think it's eight or 10 feet too large. Okay. And there's no changes that need to happen to that? No, it's just requesting for it to fit into the just to legitimize everything that's already in
place. What were you do? And you plan on um fully enclosing like adding air conditioning talking to your microphone more so is it on? You plan on enclosing the screen porch into a full living space to include air conditioning and No, we're
just going to enclose it um basically to a weather print. Yeah, like a Florida room. Okay. Okay. I have no more questions. I don't have any questions either. And I need you just ask you to step aside so I can ask if there's anybody
that wants to speak it. And you don't have to go far. Is there anyone in the audience who wishes to speak in favor or against this uh application? I see no one raising their hands. So
please come back if there's any last comment that you want to make. Nothing for me. Thank you. You may take your seat. Thanks. Okay. Um, first thing we need is a motion to approve or disapprove. I'll make a motion to approve the variance as
depicted on the survey with the revision date of uh, Mr. Bodie, what is the date on it? 04 04 April 4th, 2025. April 4th, 2025. Thank you. Okay. Do we have a second? I second. Okay. Uh, do we have any board
discussion on this? I don't. No, I don't. No, it's pretty straightforward. Well, in that case, in considering this application, you need to keep in mind the you need to keep in mind the hardship questions. And I will
remind you what they are. In order to authorize any variance, the board of zoning adjustments must find all of the following factors to exist. that special conditions and circumstances exist which are not applicable to other um properties in the in the area. That the
special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning 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 constitute unnecessary and undue hardship. That the variance granted is the minimum variance that
will make possible the reasonable use of land building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With
those questions in mind of the board those questions in mind, the board members uh can now vote. I all those in favor say I. I. Any opposed? The motion passes and the application is approved. Mr. Bodic, could we have our next
applicant, please? Yes. Application H2, Nicholas and Maria Denoi request varant for variances, chapter 62, article 6, Bvoulevard County Code for principal structure and accessory structure in an RU-1-9
zoning classification. Application is variance 25V 000017. It's located at tax account number 2953011 in district 3.
Thank you. I see the applicant has already come forward. I assumed. Um name and address for the record, please. Nicholas Denoya, 130 Atlantic Drive, Melbourne Beach. Okay. Uh do you swear that the testimony
you're giving us today is the truth? I do. Okay. How can we help you? Um my wife and I applied for this variance for uh well four ends up being four variances after we had a new survey uh done recently.
Um there's a the home itself um we found find out is about a half a foot from the west side. um the the principal structure, you know,
closer than it should be. And the this is, as I said, pre if I didn't say pre-existing. We moved in 5 years ago. And um and on the east side, it's supposed to be 20 ft and it's only
18 12. That's the principal structure. on the uh we have a garden shed that uh apparently was built in place um somewhere around the time the house was built in 1980s.
That's a half a foot from one side and I can't remember which one but and the other was uh 1.1 feet or something like that. Let me and um the re the reason this came up
was we put an application in for a to add on a screen porch and during the application uh process this this came up that was a deficiency and we did think that maybe we could
just move it but we had a contractor come in and he said being as it was built in place it would have to be demolished or unassembled. old and and it just was not a feasible idea. We we thought that uh we used the shed, we
fixed it up, painted it, put a new roof and gutters and my wife made it kind of prettied it up and it's it's like an asset in the backyard now. And then and we thought about moving it, but uh it
didn't seem like it it could be moved without unassembling it. And it's and it's a stick built thing, you know, it's not it's not like a plastic one you'd buy at Home Depot or something.
[Music] Um your application rises in district three. U Mr. Homeber is not I think it's district three. Yes. Is that correct? Okay. I lost my menu. Um, so I'll I'll begin the questioning.
Could you just summarize so how how much are you off of the variance? Like are you a foot and a half too close on one side, half a foot on the other? Just you're talking about the the garden shed, everything. Everything. Okay. Uh
just just in summary, uh.9 ft from the west side of the principal structure. Uh now may I So you're you're closer by 0.9 ft than what's allowed.
Correct. Okay, that's the kind of answer I was looking for. All right. And on the east side of the principal structure, we are 1.1 foot closer than the setback.
Okay. on the uh um the garden shed or the other structure. it it is if I get this right to allow uh 4.9 ft from the required 7.5 on the
north setback of the accessory structure and 5.5 ft uh within the 7.5 ft on the west setback. Okay, I know that's if I said
that right. Okay. Have you had any um discussions with your neighbors regarding this? With the there's two bordering neighbors and they both didn't have a problem. What's
about it at all? Okay. They didn't give you that in writing. No, but you swore to tell the truth here, so I believe you. And I talked to the neighbors actually yesterday when they wished me good luck. I I said,
"All right, I I think that's a good presentation. Anything you want to add?" That was I think that summarizes it. Okay. Just as procedures, I need you to just step aside a little bit. Is there anyone in the audience who wishes to speak in favor or against this
application? Okay. Uh yeah, please take a seat. All right. I need a motion to approve or disapprove this application for our variance. I make a motion to approve the variance as
depicted on the survey provided um 3312025. I make a second. Okay. We have a motion by Miss Clemens uh and a second by Dr. Vass to approve this application. Um do we have any board discussion?
I have nothing no comments. I personally find these to be minor um variances. So yeah. Um with that let me read my uh my required
I will find it. Okay, there we go. Okay. Um, in order to authorize any variance from the terms of this chapter, the board of adjustment shall find all of the following factors to exist. The special conditions and circumstances exist which are not applicable to other
lands, structures, or buildings in the applicable zoning classification. as the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is
denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical
zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure. that the granting of the variance will
be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those conditions requirements in mind, I will call the vote. All in favor say I.
I. I. Any opposed? Your application passes. The motion passes. Your application is approved. Okay. Um Mr. Bodie, could we have the next applicant, please? Yes. Item H3, Robert Lawson and
Christine Anne Brew, requests variance of chapter 62, article 6 Boulevard County Code for a dock in an RU-1-11 zoning classification. Application is 25V 000018
located at tax account number 26612 in district 4. Thank you. Thank you. Uh, district four is Dr. Bass. Would the applicant please come forward, please?
Could you state your name and address for the record, please? My name is Robert Bu, 465 Cardinal Drive, Satellite Beach. Did you hear me? You need me to repeat? Uh, are you going to speak? I'm not going to speak. Okay. Uh, do you swear the testimony you're giving
us today is the truth? I do. Okay. How may we help you? Uh, yeah. I contracted with DC Marine Construction to build me a a boat dock on my property. Um, the um when they built the dock, they built it 1 foot past the authorized projection. The projection was 20 ft. They built it
at 21 ft. I um and so the final build permit got uh got disapproved. So, I'm here asking for a variance for the one foot difference to get get the permit approved. I tried to work with DC Marine to uh to find other options. However,
they u they refused to accept respons responsibility and and cease communication with me. Uh and right now, I got a boat dock that uh I can't use. I can't put a lift on it or and or do anything else with it. And if I decide I want to sell the property, I can't sell the property because I got an open
contract with DC Marine. So, I'm here asking for a approval for the variance. Good presentation. Thank you. Um, district four. Yes, that's my district. Okay. Thank you. And I did go by and
look at this property and it is exactly what he says. Uh, we're one foot over. I saw four docks in your immediate area and they are all of comparable size. In fact, the one behind you, I
think, is a little bit larger. Uh, the one foot over code certainly does not impede the neighbors view of the waterway, nor does it impede any boat traffic on the waterway. So, you're not
in harm's way of causing problems with anybody that's on the water. Uh therefore I uh think that this is a reasonable request at this time. Do you have any questions?
No questions. Well, um just briefly layman's terms, how did the one foot projection happen? And and I've often heard about seaw wall repairs and
and things like that. Honestly, uh I don't think the contractor looked at the the survey prior to starting. Uh at first he had me go back to the survey company, have him have them rechange the survey and then on the phone call he blamed the uh your guys for not being
able to add. Um so he's he it's he's Yeah. So it's the contractor's fault. Okay. I don't know what he did or didn't do. I don't think he did he didn't do his pre-analysis. Okay. Did you add a seaw wall? He did a seaw wall and with a dock. It was all in one contract. The
seaw wall passed. Although it was some issues with that, we finally got that to pass when the dock was the last issue. When you did the seaw wall, was it 18 in added to the existing? Yes, the the initial permit the contractor put in had
I think 18 in and the county told him to pull it back to 12 inches or something, but so he messed that up, which of course threw everything else off. Okay. Not unusual. We we see a lot of that here. Um, any other questions for this
applicant? No, I have none. No. Okay, just step aside. Let me do my procedures here. Is there anyone in the audience who wishes to speak in favor or against this application? Okay. I think you Thank you. All right.
Thank you. Uh, okay. Board members, motion to approve or disapprove. I think starts with you. I make a motion to approve this variance as depicted as depicted in the revision
dated survey of 12825. Okay. Do we have a second? Make a second. All right. It's 2 It's 228 2025. The date is 22825. Okay. Okay. Um, let the record 22825.
Let the record show, please. All right. Um let's Okay. Do we we have a motion on the floor? Is there any additional discussion? No. Yeah. This Okay. Um let me read the
uh six qualifiers. In order to authorize any variance from the terms of this chapter, the board of adjustment shall find all of the following factors to exist. that special conditions and circumstances exist which are not applicable to other lands,
structures or buildings in the applicable zoning classification. That special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is
denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical
zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure.
that granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With these six uh criteria in mind, I will
call the vote. All in favor say I. I. Any opposed? The motion passes and the application is approved. Uh Mr. Bod, could we have the next applicant, please? Yes. Item H4, Michael J. and Elizabeth
H. Wascowski, request three variances of chapter 62, article 6, Bvoulevard County Code for a principal structure in a BU-1- A zoning classification application is 25V 0002
0 located at tax count number 25501 703 in district 2. Okay, thank you. Would the applicant please come forward? Good afternoon. Good afternoon. Uh, name and address for the record, please. Michael Wowski, 905 South Courtney
Parkway, Ner Island. Are you going to speak? No. Okay. Um, do you swear that the testimony you're giving us today is the truth? I will. Okay. How can we help you? Well, to start off with, I have a very
unusual property size. And because of that, I am currently looking for three variances. Uh, one for um the north side, one for the rear, and one for the south side. Um, we have an RV. We were looking at
doing a u putting up a garage for the RV and some miscellaneous storage. Um the property lines um because of the property lines the setbacks are not
actually for the full widths or for the full lengths if you will on the north side. Um I'm looking at about a 3ft by three foot setback. um because it's a triangle.
Um it looks like on the the rear setback it's about a 5ft setback and on the south side it's uh about a 4T 6 in all the way down to about 5T from
the existing building where it goes to zero. And that would be a triangle piece also. Um, definitely an odd shaped parcel. Um, I lose probably about 30 33 to 34t off the
back property line because it goes into a, uh, pie shape or a triangle. Um, other than that, um, that's about it. Okay.
Uh, your application arises in district two. Miss Clemens, you have the floor. What is your plan for access to the new garage edition? Uh, right in the garage uh the driveway we have now going into the back.
It's um so this structure right or this right here. May I? Yeah. Yeah. That right there. Um, yes. That's where you would access. And then just we need to have him talk
into the microphone so that we can pick up on you pointed out where it is. You can Yes. Exactly where you were talking about. And the structure you're wanting is right here. Yeah. You just circle it. paper and then
go back to the microphone, please. You can watch. No, no, it's fine. Stay at the microphone. We'll share. We'll share. I'm just trying to figure out if it would impede on the school. No, absolutely not. Okay.
The school does not have any access to that property. There's a fence there. No. And there's no exit from the back of the property to the school parcel. Correct. No. And there's no plan for that. No, absolutely not. Okay.
Dr. Bass, do you have any questions? Oh, I'm sorry. I think I have one more. I'm looking at the white structure that's on your parcel. What is that? You see the long rectangular white parcel or white structure that speak
into this one. That is actually not on my property. That used to be a mobile home that was removed by the school district. Okay. So the lines are just skewed on this particular the lines are definitely
skewed. No two ways about it. So the the structure we were looking at is going to be behind the existing structure for the house of the house. And we were just going to add two to that three new walls. Meaning you're going to use one of the
walls of the home. Correct. Okay. Okay. I'm good. I don't have any other questions. Dr. Bass. Uh I don't now. The other the only question I have was on the white the white building there. So, that's the only one I had that's been answered. Thank you. Those U lines often
come off the property appraiser lines and the the photos often don't line up. I have no questions. Um, procedure- wise, I need you to step aside for a second. Is there anyone in
the audience who wishes to speak for or against this application? If not, I do have one question. Yeah, I was thinking Na and and being as old as I am, I lost it. So, come on back.
Um, okay. Uh, any any last words? We'd like you to approve the variance. Okay. Please. Take your seat, please. Thank you. All right. Um, I need a mot I need a motion
from a board member to approve or disapprove this. I make a motion to approve the variance as depicted on the survey provided by the applicant signed 423 20225. I'll second that. Okay. So, we have a motion by Miss Clemens, a
second by Dr. Bass to uh approve this application. Is there any board discussion? If not, I will read the uh six criteria. Honestly, this reading of the six criteria is the most work I do at this
meeting. Um, in order to authorize any variance from the terms of of the terms of this chapter, the board of adjustments shall find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to other lands,
structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this
chapter, other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the
provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure. Um that the granting of the variance
will be in harmony with a general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Uh with those criteria in mind I will call the vote. All in favor say I. I. All
oppose. Any opposed? Hearing none. Uh the motion passes and therefore the application is approved. Uh Mr. Bod, could we have the next applicant, please? Yes. Item H5, Matthew and Sevet Lena
Nelson, request variance of chapter 62, Article 6, Bvard County Code for an accessory structure in an RU-1-11. Zoning classification application is 25V 000021
located at tax account number 2431186 in district 2. Thank you. Would the applicant uh please come forward? I will need your name and address for the record. Yes. Matt Nelson 2155. I
don't know how you that for your height. My height. All right. You'll have to lean in. Um, are you going to speak? No. All right. All bashful today. Um, do you swear that the testimony
you're giving us today is a truth? I do. Okay. Please proceed. Okay. Essentially, I'm here today to uh request a variance. Uh, it's quite significant. I believe it's off the side of my property uh due to uh the location of the property. uh
and the adjoining properties around um the setback that is uh opposed on my property is quite significant and actually uh makes uh my side of the property unusable basically. Um I did come into the area with the uh
apprehension that I would be able to build a RV carport uh there. It's not a it's not a full structure. It's just a roof structure. Uh no sidewalls or anything like that. And um when uh I was here looking at that property um we we
did drive around in the neighborhoods and there is uh other uh structures of this nature um very close to their fence line as well. And so um as I looked at this uh we decided that uh this was the the right property. We were able to come
in. We did permit to move our fence to our property line. We did receive that from you. And so now we're requesting if we can uh install our carport uh just inside that fence line to allow for my RV and my my tow vehicles.
I did reduce the size of the carport to the proper size and I'm maintaining the setbacks all around. Um and uh so and I've also moved some other structures around to make sure that I'm within code. Okay.
So your structure is just an openired cover. Yes, ma'am. Yes, ma'am. And it is within the fence line that has been approved and you've put in. So it's within that. Yes, ma'am. Do you have any other questions? Oh, I'm
good. You're good. All right. I think some she looked like the um the structure in the picture is your RV in fact, correct? Yes, ma'am. Okay. or the Yes, the one that's in the picture is yes.
We're good. We're good. Approximately when did you come in for the fence um relocation variance? Two years ago. Okay. Yeah. I been at this process for a little bit. So, uh and then I took a break because I was thinking, "Oh my gosh, they might not they might not give me a variance." But then uh as I started
talking with my neighbors, you know, because all my neighbors approved this, you know, I came into the neighborhood. I've really improved the property all around uh beautifification all for the street and everything else. I've been doing a lot of work on other people's homes. And so, uh they just said, "Hey, you just need to go for it." Okay. So,
that's why I'm here. I love Banana River Tribe. And as I asked the other gentleman, how much are you actually encroaching on the uh setback? What's the dimension? Uh, that's the issue. Um, it's to my
property fence, so it's 14 ft. It's the entire setback. One foot less. One foot less. So, okay. Yeah. Cuz Yeah. It's It's unfortunate the way that piece of property is, whereas my neighbor down at the other end, his uh ride of way to his property line allowed him still a 20
foot area to be able to build on. And I was, you know, I don't know. It's just the way the the developer situated uh put the uh that that particular uh development together. Looks to me like it fronts on a road. That's correct. Okay. All right. Did you add the
driveway? Excuse me. Did you add the driveway to the side yet? The pavers. Uh the PA front. Yes. Mhm. [Music] Okay. Procedurally, I need to ask you just step aside. Is there anyone in the
audience who wishes to speak in favor or against this application? Seeing none, um any last comments, words? You good? All right. Thank you. Thank you. Please take take your seat.
Uh this arises in which district? I make a motion to approve the request for variance as depicted on the survey provided by the applicant signed 425 2025. Okay, I'll second that. Okay, we have a motion to approve by Miss Clemens. We
have a second by Dr. Bass. Uh, we have a motion on the table then. Do we have any discussion? No discussion. Sorry. No discussion. You're going to put me to work here. Sorry. Time to read. Time to read.
All right. So when we vote on this uh motion for the uh application, we have to keep these things in mind. In order to authorize any variance from the terms of this chapter, the board of adjustment shall find all of the following factors
to exist. That special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance
requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance
that will make possible the reasonable use of the land building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise
detrimental to the public welfare. Keeping these in mind, I'll call the vote. All in favor say I. I. I. Any opposed? The motion passes and the application is approved. Okay. Um Mr. Bod, could we have the next
applicant, please? Yes. Item H6, writer James Wharton and Kelsey Lee Shepard request variance of chapter 62, article 6, Bvoulevard County Code for an accessory structure in an SEU zoning classification applications 25V000022
located at tax account number 2202762 in district 1. Thank you. Um applicants, please come forward. Good afternoon. Good afternoon. Good afternoon. Uh, name and address for the record, please. Uh, Ryder Wharton, 38.
Could you You're going to have to Tall guys are going to have trouble with that microphone. Ryder Wharton, 3860 Pinetop Boulevard, Titusville. Okay. Kelsey Shepard, 3860 Pinetop Boulevard, Titusville. Okay. Uh, you can both raise
your hands at the same time. Do you swear that the testimony you're giving us today is the truth? I do. All right. Thank you. Um, please tell us what how how can we help you? Sure. Uh, we're here this afternoon in pursuit of a variance for a detached um building uh
on our property. Um, this is something that's intended to be used for like hobbyist purposes, home gym, things of that nature. In addition, I have a mower, lots of equipment, and a small tractor that I use to maintain that property, the subject property, um, and
other properties. Um, and a truck and trailer for the transport of that equipment. Uh, so the goal is to have some space to have that inside and then, um, as well have, uh, some, you know, at home recreational use. Um, this isn't
something that encroaches on, um, utility or drainage easements. Uh and in addition, it abides by the uh minimum minimum setbacks required per the county. I'm sorry, that last sentence was does not it it it does not encroach on the minimum setback requirements per
Bard County. Okay. So, it's just oversize. That's correct. Okay. Buting in there. Um, your application rises in district one,
which is um our chair who's or our real chair who's not here today. So, uh, I'll take up that role. Um, you mentioned that you had a trailer for the uh, lawnmower and and and stuff. Are you in the business of
No, this is this is exclusively for private use. Okay. And do you have any Have you spoken to the neighbors about this? I I have um I have I have a few um neighbors
immediately adjacent. Um I welcome to the property and we actually walked the subject area where the proposed structure would be. Um I think we've had a couple missed connections with um other neighbors adjacent to the property as well, but um there's been some
communication. Yes. Okay. Has there been any negative communication? Sure. Sure. Yep. They don't like it. Uh, no. I I don't believe so. No, I'm saying have they has have any of the neighbors that you've spoken with
had objections? Yes. To this? They have. They have. Okay. What's the nature of the objections? Um, I I think it's line of sight. Uh, the visual concerns. Okay. Um All right. So, I've already asked my
questions as uh representative for district 1. Do we have any other questions from the board? I do. Go ahead, though. Go ahead. So, when you say line of sight, are you speaking from the front of the home or the rear of the home? Uh, the sides. The
sides of the home. I I I think primarily, yes. Okay. And I see a bunch of pictures with lots of things in the yard. Sure. Additional. Yeah, we we received letters of uh you know, are all of these letters related
to this one application? Yeah. Yes. Okay. Is the plan to put those items inside the structure? Negative. Okay. What would go inside? You said home gym. Yeah. Home home gym, general hobbyist
space. Um general woodworking, light tinkering. Um and then in addition the uh the equipment that I mentioned and the equipment used to transport said equipment. Okay. So the items that I'm seeing in these pictures would remain outside of the prop outside
of the structure. Sure. And and I'm happy to address those um as well. Okay. The and I don't know if if uh something we can present to you real time. Um the subject property there has been cleared.
Those are again more ornamental in in nature. Not um considered by me at least to be like a These are your This is your property though, correct? Correct. Okay. Not the subject property with the variance, but other a different property.
So where is this property? That property is in uninc incorporated Bard as well in the Port St. John area. I guess I'll have to ask why we have these These came in as objections. So I understand that. Why are they not Why are we looking at these pictures and
they're not related to the property? Ah, okay. We're being presented with what was delivered. Okay. So finish what you were saying. I'm sorry. That these this is a completely different property and this will stay as such. That is correct. Not
not exactly as such. Um that has been cleared since whenever those photos were taken. Um, and I'm happy to share photos of that to depict. Okay. Um, and there's no current code enforcement um, on the subject property we're talking about?
Not to my knowledge. No, there has not been in the past either. When you say the other property's been cleared, I see that there's vehicles. Looks like abandoned vehicles in some of the pictures. Yeah. Are they on the
other non They were. Yes. But you've cleared those away. That's correct. Okay. Any other comments, questions? Give you some time. So, there's Yeah, two pieces of property. Uh, explain it to me again
one more time. I'm having a hard time with this picture. Uh, so you're putting a different a separate building. This the subject property uh that this variance is filed under is where we are pursuing the um separate separate
building secondary structure. Okay. Which is behind the other property which has your home on it. That is correct. All right. And then this will be as you said this will be an additional building. It'll be one
story or two stories. It's not intended to be two stories. I think there were some concerns with that as well. Um, typically two-story buildings require an 18t eve height. Uh, we would not be that high. Um, it's also not intended and never has intended to be an accessory
dwelling unit, an ADU. This is just a a detached building, not built out for, you know, livable use. The detach attached building and it's for and the use the purpose is the the purpose again would be just general hobbyist use. uh
the storage of the equipment used to maintain the subject property uh that this variance is tied to in addition to the other two properties and then in the equipment used to transport that that equipment as well as a gym and this building is closer to the
property is close to the property line. There's no variance request but it's that's what it's for. It's for the no size the variance request not the distance. Oh, okay. All right. It's 900 ft too big for what's allotted for the
lot. It's not It's not for the location of it. Thank you. That helps. I was um um talk to me about the trees. I see quite a bit of foliage in this section where you're trying to put it. Sure. Um so,
previous owner had the property uh for a couple decades. Um and if you go way back in time, you can see that they were clear. Um there's actually sprinklers inside of all these these vines. Um I think most Bvard residents are aware of um the invasive pepper trees of of sorts
and uh the kudzuesque uh vines that that climb up and and suffocate that vegetation. Um the the wall um the tree line on the east side of the property uh it is very dense and it's comprised mostly of those pepper trees and those
vines. Um, in addition, they've they've crawled up uh on top of the mature trees as well, large magnolia trees on the property. And um throughout time, we've just made a diligent effort to cut those out uh so that those resident trees can thrive. There's no plans to remove any
vegetation that would not need to be displaced for nothing needs to be taken down to do the accessory structure. There's a small tree island uh near it, but um the the footprint of the proposed building location is the vast majority of it is those um like pepper trees or
invasive um yeah, just just overgrowth. What's your plan for access to the accessory building? The accessory building um would be biased towards the east side of the property which aligns with the driveway um which which minimizes
additional driveway length. um wrapping around the property which I think would affect drainage and and you know further impact to the the property as well. Um so the the access would be just um a natural approach uh directly to the
building. Um I don't know if that would be rock or bark or pine needle something like that that you know aligns with what's written in the uh Sure. And there's no plan for driveway or pavers. Not not a not a paved um asphalt or concrete at least not at this time.
Okay, I think that gets my questions. The access to this building is behind your house, through your house, correct? Okay. So, there's uh there's no roads behind the property that back
here. That is correct. There's a utility and drainage easement that that runs the length of the rear property line. Okay. Uh but there's there's no access road or um any sort of rightway platted rightway in that area. All right. So, you'll be
coming in through the front past the pool and then out to your uh new facility. It would be around the around the right. Do you mind if I point it out? Would that be helpful? No, that's okay. He's going to come this way. Right there. Okay. Yeah.
I don't have any other questions. Okay. Good. I don't have any other questions. Okay. Procedurally, this is going to be want to take a seat. Thank you. Take a seat. Just just Yeah. Either where you were that that kind of
looks like we may be here a bit. Uh so I'm looking for hands raised of anyone who wants to speak for or against this application. So as chairman I'm asking how many how
many succinct groups are there? I saw hands over here. So there are four succinct groups. Five. Okay. I'm the president for the Evergreen Community Association. So I think some of them res
Yeah. What what I'm looking for is I it it looks like you have maybe a dozen people here. Is it possible that someone could speak for a subgroup like who we have? Okay. I don't mind if you come forward, but I Whatever. Sir,
why don't we just start with you? You come forward. Either one. Let's get started. Good afternoon. Okay. I have a couple questions. First is name and address for the record. Name and address for Anthony
Russell, 3885 Lost Street Court. I'm in the Hidden Hills subdivision adjacent to the Evergreen subdivision. Okay. Second question is, raise your hand. Do you swear to tell the truth and or the testimony you're giving us today is the truth? Yes, it is. Third question. Are
you speaking for or against the application? I am speaking against the application. Against the application. Okay. With that settled, please go ahead. Thank you. I believe you probably already have copies of my presentation. I do. We have a bunch of letters and
presentation. Anthony. Okay. Anthony Russell, we have it. You do have that? Yes. Sir, could you please speak? Yeah, you have to adjust the mic on there. I'm gonna go point by point. Upon review, I'm within 200 ft of the property. So, I received a
notice uh for a variance request uh by Mr. Wharton. I reached out to him. He was not uh uh able to respond back to me. I did want to discuss that with him. The desired building when I started to do public research because he wouldn't
communicate. Um, I was concerned about the height because having an accessory building myself, I know that 18t is all that's necessary to achieve a 14t clearance on a garage door for an engineered building. And so that's more than adequate. Anything above that would
raise concerns that maybe he wants to do a second for dwelling. He would need an additional couple feet at minimum to achieve that. Uh the desired location extra-l large size directly against the north side of his property raises concerns of diminished property value to my neighbors which directly affects my
property value. Average values in the home and soft carpenter ties area range from 500,000 to well over a million dollars which is a significant county tax base. Upon examination of the Bvard County variance hardship worksheet, it's clear he didn't answer the questions and
he admits it in question number one. In my opinion, uh he did not directly answer the other questions and much of his answers repeat in general because they have one. Why can't I? Uh Mr. Wharton Wharton purchased his home in March 2025 and immediately
planned a request for this variance. The law is clear that the buyer receives a signed copy of HOA rules when he buys. The appearance is that our neighbor does not intend to abide by the Evergreen HOA covenants he signed up to. I will not further speak on behalf of the Evergreen neighborhood. Bvard County Public
Records based on me doing public records research shows that Mr. Warton also owns two properties in Port St. John at 6827 and 6839 Acriman A Coco, a home and adjacent vacant lot. Aerial pictures of said property are of a concern. Upon a
drive by at said properties, you can see numerous portions. I estimated 10 to 12 vehicles not actively tagged and stacks of automobile tires. Much of this is visible from the neighborhood street. Some vehicles are stripped of major parts down to the frame and overgrown vegetation is visible. These pictures
were taken uh within the last 5, seven days. I am told that a smell of motor oil is present at that location, which brings up environmental concerns because in my neighborhood, we actually are one of the few areas in Bvard County that have drinkable wellwater. So, we all actually use wellwater. So, concerns
about contamination is certainly an issue with me. It appears that Mr. Wharton is in operating an industrial-based business within a neighborhood involving dismantling and selling automobile parts likely violating numerous codes including environmental concerns for industrial hazardous waste disposal such as freon
brake fluid and various oils. Surprisingly, I found no records of code violations or any environmental related documentation online regarding the proper disposal of hazardous waste byproducts derived from his automobile disassembly. Are they on the ground? That's the question I have. Could this
eyesore and hazard hazardous waste concerns in Port St. John be coming to the Evergreen neighborhood and adjacent properties to myself? A public record search shows several ads on Facebook Marketplace selling a variety of used automobile parts from the vehicles in his yard. I counted a
few days ago up six Facebook Marketplace ads. Mr. Wharton appears to be running a business and based on buyer reviews, he's been running this business in excess of four years. And this is public information you can bring up on Facebook and I actually provided attachments of
some of his ads. So it appears it's a longgoing enterprise. In summary, I feel that Mr. Wharton has not been forthcoming on his true intentions for requesting this this substantial variance. It appears that this request is an attempt to further the endeavors of a potentially unlicensed industrial
type of business that would be a violation of many Bard County codes. I look for business tax receipt, things that I've had to comply with, uh, which also has hazardous waste fees, things that I had to c comply with and pay to the county to actually run a homebased
business. I saw no evidence that that uh was available. So, it allows me to conclude that we have a problem. This activity that he's doing is not allowed in the current zoning in my opinion for for uh Port St. John or nor the
Evergreen neighborhood. I'm concerned that this building plan may also in include an additional future second story dwelling on the property since I was unable to obtain information on the height that he wanted to build. I am against Bvard County granting the substantial variance request for an
oversized building and I am further encouraging Bvard County to examine Mr. Wooden's other properties for code and environmental compliance before granting any building request. That concludes my presentation. Okay. Thank you. Thank you.
Hang on. Um, any questions from the board members for this uh, witness? No. Thank you. Okay. Thank you. Um, of the four of you flipped a coin, who wants to go next?
Do you How many copies do you have? I don't think we do have that. You need to give one to staff. We can share this one if we don't already have it. Sorry. Name and address for the record.
Uh John Myers, 1221 San Pine Circle, Titusville 32796. Okay. And you say you're representing I'm the current president for the Evergreen Community Association. Are you representing them or are you here as a person? No, I think we've got several uh members that would like to speak. I'm just going to wrap up
the top level. Okay. We'll we'll take you as a a individual. Okay. Private person. Okay. Now, I need to swear you. Okay. Um do you swear that testimony you're giving us today is the truth? I do. Okay. Um I'm just going to because we have a
lot of uh testimony. This uh memo just kind of condenses the top three concerns we have as an association. Um the first one is in uh relation to the hardship variance question number five where it's asserted by uh
Mr. Wider that um we've granted or had variances in the past in the neighborhood and that's false. No structure that has been built has required a county variance to this point. um uh throughout the 44 homes in the neighborhood. Um typically um you know we have a design committee review
uh that anything above a 700 square foot um out building goes through that. That process was initially done. However, after examining concerns the neighbors that was rescended which is the second document you have there. Um flood mitigations are our next big
one and several our members uh to include in my house are on the tail end of the flood plane that feeds down into uh Rangland Acres through our south and eventually to Fox Fox Lake. For instance, last year Fox uh somebody in Ramland Acres bound up a drainage
easement and then it backed up water. So, our concern right now is a building this large in size could potentially throw off um you know the the storms storm system in the neighborhood and exacerbate some of the flooding issues we have right now. And to that end, if
we if this variance is granted, we do request some kind of flood survey be done to make sure that it's not going to overwhelm the current storm system that's been there since, you know, the early 80s. The third point, environmental impact. There are gopher tortoises. We believe their gopher tortoises are big, but there's a lot of
wildlife in the area. If you look at the covenants for the community association, this was always built to preserve as much national landscape in that area. Um, as uh Mr. Anthony said that we are on Titusville's aquafer, so any kind of contamination would be a concern or impingement on you know for in that
area. And um so to that end, we would like an environmental view done as well as to impacts of the structure on any threatened species in the area that we think are in the area. That's the pretty much the top three. Um do you have any
questions? Yeah. Yes. Um can I start? Yeah, sure. Um so you made a couple points there and I I want to question his structure is not on the uh setback drainage easement. So, you
said there was concerns that it may impact the drainage. Yeah. The concern on the flood, and I think uh we've got another gentleman here who's my neighbor who usually suffers from the flood um issues, is that with large concrete 2600t structure, which is as large as
some homes in the neighborhood. Um that's going to reduce the ability for the ground to absorb water and then cause faster runoff, which will eventually work its way into flooding some homes. Okay. So, you're concerned about the impervious Yeah. impact. Okay. Um, you I saw pictures and you mentioned
gopher tortoises. Um, is there any evidence of gopher turtis on that? I did not observe some. I know our the two adjacent neighbors say they have observed some in the area, but I haven't like gone out and looked for sand holes or anything, but that's something that I think has to be done at
some point before any kind of variance is granted. I we know of one which is in about 300 feet of this u on the structure site itself there are I don't know I haven't observed it that was just a concern that was raised to me okay all
right third is um I keep asking you questions about environmental but it's beyond the purview of this board we only look at the uh zoning regulations so I appreciate your concerns but for myself I won't take those into account
regarding the the zoning Um, okay. Any other questions? I'm sorry, I did cut you off. No, you didn't. Um, you mentioned something in the very beginning when you were going over point one about it being approved and then the letter. Yeah. So, can you explain that
cuz I don't think so. When he moved in, u he sent the design request to me and the way this works is I as a president like the entry point then it goes to our design committee review for review. I think part of the problem is when um it was put in the the diagram was not to
scale. So when they looked at it, they didn't really understand that a 40x60 equated that large of a structure. So when we did an on ground uh walkthrough with Mr. Wharton, 150 ft uh back space of his property, this takes up 60 ft of that and that kind of put it in
perspective. And then you start getting adjacent property neighbor sight lines um with current vegetation. and they're going to be able to see it from their pools and their decks at a minimum. So, initially it was approved. It was and then that's the rescion once we got feedback from the community that there's a lot of issues that weren't identified
during the um who was the party that approved it. Uh well, I mean Richard um Defarian's the current committee chairman, but he he signed rescension too. Okay. And this is just out of clarity. It's going to be a 2600 square foot. It's not
It's 990 square ft greater than what is allowed for the variance. Yeah. And it's almost 2,000 more than the actual HOA allows. Our our limit in our covenants is 700 square feet and then you have to go in to request permission to build a
bigger one. That's what I was Okay. Yeah. Uh according explain your association. Now, this is a homeowners association or is it a how does that differ from an community or I
don't know what the Florida legal basis is between an HOA and a community association. We pay $200 of dues a year. It's got a set of covenants. When they put that neighborhood in, they had a whole bunch of rules like That was what I was looking for. So, you have covenants. Yeah, we do. All right. And
they they've been filed with um Tallahassee probably since 1984. I I live in a homeowner association, so I'm very familiar with the rules and uh they're they have rules. Uh I noticed here uh you have a certificate signed by
uh 24 members of the of the How many homes do you have in your association? 44. 44 of which one is an occupied bankowned and then a couple are seasonal folks that um are not home all the time. So 24 of your 44 members have Yes,
ma'am. sign the certificate against it. Okay. Well, some of them are husband, wife, just so you know. Are they? It looks like it's Is it by address or is it by name? Let me just check. Is it 24 addresses or 24 people? It's in the neighborhood. No,
that the certificate. I don't know what list you're referring to. Yeah. Let me take a quick look at it because Hey, just tell me if that's 24 addresses, individual addresses, or if it's 24 individuals. Uh, it looks like there are
some husband and wife. It's a mixture. So looks at about 20 20 um total. Okay. 20 of the how many residents? 44. 44. Okay. And are we uh what did we talk about uh
for the habitat for the uh we have gophers here uh gopher tortoises there. So I'll let you explain. So if you go about 200 feet down the main entrance in the road. There's a designated you know burrow for one of the tortoises. The
concern is that we need to make sure there's no impingement of their current, you know, feeding areas or transit routes and the water that may and the water and the water that may be affected by I'm not an engineer, so I'm not going to get into technical terms,
but the inability for that section ground to absorb the water. Um, if I could clarify, Dr. Bass, are you asking about the drinking water or the surface drainage water? Both. primarily the surface drainage water and how that might affect the habitat also. Okay,
that's a question, but you said you're not okay to answer. Um, if that's all you want to tell us, that's all I got. Thanks, sir. Thank you. All right, who's next? Flip a coin. Hi. We often have many uh people come
forward to speak on these, but uh yeah, you're getting more than you've expected. I get that. My name is uh Ray Kriger, Raymond Kriger. I live at 3840 Pinetop Boulevard. I am his immediate east neighbor. This is my wife, Sharon.
Uh Sharon Kriger. She lives at the same address, of course. Uh, are you speaking for or against the application? I am speaking against it. Against. Okay. Now I need to You can both raise your hand at the same time. Okay. We both Do both of you swear to the testimony you're
giving us today is the truth. I do. Okay. All right. So, we should get started here. Yes, please. If you don't mind, I would like to read a letter from my neighbor who is in Canada for the summer who wrote it. His name is Bill Toodel.
He lives at 3860 Pinetop 3820 Pinetop Boulevard. Was that letter included with our It may have been included. Do we know if it is or not? Say his name again. Bill Tood. I I I sent it Mr. William Toodel. Yeah. If you don't have that, I
have it here. You are you are free to read it. However, a copy of that has to go to our staff. Well, he could have my copy anytime when you're done. Okay. Okay. Basically, Mr. Toodel says, "I reviewed the No, no, no. Wait. Um, where's his location to the property?"
Uh, he's adjacent to ours to the east. Okay. So, he's within probably 50 yards of the proposed structure. Okay. Maybe a little bit more than that. Um, his statement is, "I reviewed the picture you sent me and I find it to be totally
unacceptable for a residential neighborhood such as ours. It is a commercial type building more suitable for an area zone for light manufacturing or business involved with vehicle repair or similar business. He didn't know about the other aspects of that.
According to your plot diagram, this thing is almost the size of my house, unless it's garage. The current zoning allows for reasonably sized out building similar to my shop, which is 600 square ft, which is more than adequate for any hobby or storage I can think of. Architecturally, this thing is an
abomination which would destroy the natural character of the subdivision as described in its original plans. No attempt has been maintained to our natural environmental appearance. This thing vi belongs in an industrial park,
not in one of the most attractive areas to places to live in Titusville area. I am completely opposed to this construction of this eyesore. Please issue this letter as you see fit to support opposition to this travesty.
If you would um give that copy to staff or a copy to staff for the record. Um I met I didn't know about the plans for this building uh until uh there was a sign signage put in his
yard. Uh we approached him. We went over and talked with uh uh Mr. Wharton and basically uh he was not straightforward and the purpose of this building, the size of it
and uh I found myself uh concerned about his dissembling to be honest with you. Concerned about his what? His dissembling dishonesty. Um, and the other part of that is, you
know, we talked about uh taking down these trees that, you know, prevent us from seeing into his yard at this time. His statement was, I'm going to take them down and then so you don't have to look at this, I'll plant more trees. It's fairly obvious that a building of
this size and this structure will be visible to us for a decade or more before any vegetation will or will not obscure it. Uh furthermore uh you know I could go through the six
items that are listed in your variance. you know, basically admits no special conditions exist and you know, uh, a building over three times the size of what's normally allowed in our, um, and
in in our HOA. Furthermore, the it's encouraged from the that the design committee asks that materials similar to the construction of the home and appearance of the home be used. He has no intention of doing that. Um,
and in variance four, approving this variance would give the applicant more rights than enjoyed by other properties. We don't want a structure like this in our neighborhood. I sure don't want one 15 ft from my property line that I'm going to be looking at from my swimming
pool, my backyard, and my windows. It will be visible. And furthermore, you know, as far as wildlife, we've seen flocks of wild turkeys. Uh we have seen foxes, we have seen um deer, we have
seen bobcats, and um and our neighbor that already spoke has seen at least three gopher title turtles near that property. So I am beheimately opposed to this. All right. And I have good reason. I think
his variance is ridiculous to be honest with you. I don't even want to go into the details because I don't want to hold you up. appreciate that. I think the audience appreciates that as well. So then I have a little something that I wrote. Um we moved to Evergreen
approximately 25 years ago to live in a natural quiet neighborhood. Evergreen is environmentally sensitive community. We are on wellwater and septic. Our HOA limits accessory buildings to 700. The 2650 square ft proposed structure is not
suitable for our neighborhood and height of the proposed subject has not been disclosed. The proposed metal building is completely out of character in our natural environmentally sensitive community. Additionally, Mr. Wartton disclosed to us that he intends to cut
down all of this shrubbery. He also we asked him how long do you plan on living in this home and he said six years. Um so the impact would be our environmental open space and wildlife uh footprint of the proposed structure will not be in
harmony with the neighborhood. It will cause extensive interference with and drainage to the currently natural damage to the currently natural landscape and um air flow, noise, ground and light pollution. Um Mr. Wharton's neighbors
have already been disturbed by sounds of grinding metal and have made comments about a salvage business. Our tranquility will be negatively impacted by this industrial like structure and its probable use. We are adamantly
against this oversized metal building being proposed likely for maybe an auto salvage purposes. Okay. So then now you need this. Yeah. Is your name and address on there? Oh, yes it is. Okay. Yeah, if we get a copy to the
uh staff. Any questions? All right. Um does it does anyone have any questions for this? No. If you need a copy of the HOA. No, that's that's forget it. All right. Thank you. You're welcome.
Next. Well, you pull that microphone down to you. Way down. Okay. Name and address for the record, please. Sylvia Balsam, 3870 Pinetop Boulevard, Titusville, Florida, 32796. Okay.
Do you swear that the testimony you're giving us today is the truth? Absolutely. Okay. And you are speaking for or against? Against. Against. Against. Okay. Um I am not good at extemporaneous talk. So I wrote this. However, it's under three
minutes. I promise. In fact, I've already deleted stuff because some people have already indicated, you know, their thoughts which are overlapping mine. And and jokingly, I'll tell you already used 30 seconds. apology.
All right, please go ahead. So, um I have been living in Evergreen for 35 34 years and I strongly oppose this request. I have spoken to some of the oldest resident I don't mean older, but
I mean the longest living in that area and no one has ever requested a variance and I check with quite a few of them. If you grant this variance, it would set a dangerous precedence for others to request them without approval from our HOA.
Based on what Mr. Tony Russell has told us about his Port St. John property, the dismantled car parts, rust, odor of motor oil, overgrown vegetation. We wonder, will his property in
Evergreen look and smell that way as well? We do have our gopher and he is actually nicknamed Tommy and he wanders from one yard to the other. I have seen him in his yard as well as mine. He just
meanders around and there are a few other um gophers that are in the nearby area. Um I'm not going to talk about the concrete slab because I think it's already been addressed regarding the water.
This structure will surely ruin my backyard view because I am adjacent to him on the west side and I can easily see that property and I believe I sent some photographs um from my area. He
also already has an existing shed which was there um put up by Mrs. Parish, the previous owner. Our commi um our community actually was founded by three men and they were
really big environmentalists and this is way back in the early 70s and they actually have on our um they put on our HOA design um manual it's actually saying designing
and living in harmony with nature and this is how we believe it and I believe you saw also pictures of our entrance, our streets. It's very thickly wooded. It's totally, you know, beautiful with
our wildlife. If our poverty goes down in value, obviously, it's going to affect you as well. And I just urge you to deny this variance and help preserve our community. Okay.
Um, any questions for this this witness? No. No. Yeah. U ma'am. Ma'am, could we have a copy of that for staff since you've read it into the record? Thank you. Um, is there anyone else who
wishes to speak for or against? I think I saw hands over that side, didn't I? or how many more do we have? Could you Who who else wants to speak? We have two more. Two more groups. Okay.
So, name and address for the record, please. Tim Mantoyville, 1217 San Pine Circle, Titusville, Florida 32796. Okay. Do you swear the testimony you're giving us today is the truth? Yes. Yes.
Are you speaking for or against the application? Against. Okay. Try and adjust the microphone such that you're comfortable where you can speak into it. I guess. Can you hear me? We can now. Okay. Um I'm a homeowner and a full-time
resident of Evergreen Subdivision. I'm speaking on behalf of myself and other neighbors I have spoken with regarding the proposed um construction project of a 2500 square foot detached 18t tall.
You want to call it 14, but by the time you put the rollup doors in there, the gutter line's going to be at 18. Then you're talking about, you know, higher yet for the gable for the roof peak. Um with rolling doors located in the backyard of the residential lot.
Evergreen is zoned as a lowdensity single family resident residential community. As such, it is governed by zoning regulations designed to preserve the residential character, safety, and aesthetic harmony of our neighborhood.
According to article 4, section 1132251B, no accessory building or accessory structure shall be used for living quarters, which he says no. Home occupation or professional use. These codes also provide guidance that
detached accessories uh structures must be subordinate in size, scale, and use to the primary residents. there. Um I'm a little nervous. Um the pro proposed garage is not
consistent with that purpose. The um structure in question is comparable in size to a small commercial uh warehouse. um for or it's uh industrial design complete with large rolling doors and extra tall clearance is atypical
atypical of um residential accessory use and um raises immediate concerns about its intended purposes. We believe the applicant is being misleading in the stated intent um as he stated um earlier you asked about the the driveway and he
said it was going to be rock, gravel, whatever. but he if he listened he also said not at this time. So he does in my head have intentions of probably black topping that. Um, my main concern is I'm one of the neighbors that is affected by
flooding in the area and I do have two pictures on my phone if you wish to see of the backyard and all of all of Hidden Hills lands lands up coming into Evergreen drainage system
the way it's designed. That drainage our drainage system then in turn goes to Rambling Acres and Rambling Acres goes out to Fox Lake eventually. Um there's a lot of backup in Rambling Acres due to people's culverts being filled, you know, 90% of the way. So we get a lot of
backup there. Um if you take 2500 square ft, that's the size of my house. The who needs 2500 square f feet for, you know, a hobby. But anyhow, um if you take 2500 square ft of percol soil that can
percolate and you send it into the the the channels and the waterways that it's all landing up in my backyard prior to it getting out to the next subdivision, Rambling Acres. I have two photos if you
wish to see if um and and this is my advice. The best you could do is probably email those to staff, but I think your description here in the record would probably suffice, but I'm not asking you not to do that. Just u pictures at this point,
it's hard to put into the record. Okay. Um, as others said, they're concerned he's just pretty much going to be trying to run a uh auto scrapard or chop shop or whatever out of
it, which, you know, if it smells like it, walks like a duck, quacks like a duck, it's a duck. Um, I mean, I could go on, but I just have a concern. My biggest concern is for the flooding um the where the water goes and
where it lands up and that is by my house in my backyard by John's backyard um my neighbor Mike's we're going to see incre increased levels of water that water currently comes right up to the
house. I have spent 36 hours straight um pumping water from my backyard to other sections of the backyard just for it to come back around to my yard during um hurricanes. So, I already have an issue
and adding more water to that isn't it's it's not going to be helpful. Okay. So, I think you've summarized your point. Yeah. I mean, I could speak more, but everybody's touched on other things. So, okay. Uh, any questions for this
witness? No. Approximately how far are you from the subject property? How far am I? Um, two streets. I'm familiar with the neighborhood. Oh, you are? Okay. So, I'm at the back of the uh subdivision. I'm
probably one city block away. Okay. But and that might sound like a lot, but that water all comes that way. I'm familiar with the neighborhood. Okay. I have a small diagram here of where the water flows.
If you again, if you want to speak to it and long as staff gets a gets a copy for the record, that's fine. You want me to talk about this? If you wish to, you can. But if you simply want to put that into the record, that'd be fine, too.
I'll put it into the record. I guess the staff needs a copy. [Music] Yeah. And again, he was given uh a set of rules. If he wasn't, then his realtor is at fault for that. Um you know,
everybody's given these rules and h handing him a uh variance would be a special privilege in my opinion. Thank you. Yep. Do you want me to hand this to Yeah, please.
No, no, please come forward. But I'm going to pause you for just a second, sir. Just pause for a sec. Are there any others after this? We have another. Okay, sir. Name and address for the record, please. Travis Johnson, 3835 Lost Tree Court,
Titusville, Florida. I'm directly behind the applicant's address. Okay. And uh do you swear that the uh testimony you're giving us today is a truth? I do. Okay. Standard question. Are you speaking for or against? I wish I was speaking for,
but I'm not. I'm speaking against. I like to get along with all my neighbors and it's a it's a eitheror question. Yes. So, I'll take it against. Yes. All right. I tried to um I knocked on their door at least twice. They should see me
on their Ring camera and I tried to talk to them and you know see what was going on. But um so out of our backyard we're seeing in our on our pool on our pool deck right now all you see is wooded area and of course we have a privacy
fence because we had to replace the privacy fence from the previous owner. Um she wasn't able to do it so we we did it for her. Um uh the applicants have already began clearing
uh that's why his tractor broke um an area where this building is going to be. And if he's allowed to put this building on the far northeast corner as as stated um then 60 ft of this so about the back
wall will be visible from our pool deck on their pool deck. their pool deck is kind of caned to the northwest. Oh, can to the northwest. So, while they're sitting on their pool deck,
um they may be they may have they may have some visibility of it, but not much. Um we will have all visibility the entire 60 ft. And like uh one of the one of the persons here said, there's no way they're going to be able to uh plant
trees um anytime soon to cover that. Secondly, um what the HOA president, I'm going to I'm going to piggy back off him. He stated it needs to be an environmental impact. Whenever you put a uh 2600 square foot building,
um you're now adding a roof to it. So all that water is going to shed off that roof um into the easement. So the the last person that spoke will probably be um negatively impacted based
off that. Um there's a couple things here. Um so his question one, okay, when he purchased the property in March, he should have had knowledge of the existing conditions and size requirements of buildings. um
uh he created the special condition. Um so the listing agent who we spoke with provided the document. In fact, here is our petition for variance on our road back behind him and Sylvia Roth is
a listing agent. She is on the petition. Hang on. Okay, I'll give it to you later. Yeah. So um so our argument to the variance might decrease the property value. This building deviates from the neighborhood's aesthetic standards of nature. It's very neighbor uh nature
friendly uh is is the character. It'll be unsightly to the side due to the size of it and overall appeal. um granting the variance requested um basically is a special privilege
because like the HOA president stated there has been no applications for variances. All the buildings that I have saw that I have observed um in that neighborhood do not come close to um what he is going to
be building. Um it's going to be gargantuan in size. Um so so basically um a definition of a special privilege is a special privilege is an advantage or right granted to one
property owner that is not available to others in the same zoning district under existing regulations. So I want to end with every storm that we have. What happens people? We lose power, right? Every single one. We have power lines
running between our property and their property. We cannot place a building that obstructs FPNL's um ability to gain access to the power lines. Last time they gained access, was
it on their property? one one year they had to actually go on their property before they purchased it purchased it to replace power lines. Um last year they came on ours and they may have came on the doctors as well. So
like I said every storm uh we lose power pretty much every named hurricane we lose power and um uh constructing that building would likely impede FPL's ability to to get their trucks back there.
So that means they have to use that forces FPNL now to use our property and the doctor's property. So that's pulling vehicles onto our property. And of course they did that last time it broke sprinkler heads, but that that's
neither here nor there. Okay. That document, did you say you read that into the record or you had it as a uh I'm going to put it into the record? Yes. Okay. With staff. Okay. With whom? Uh just hand it to staff. Okay. Have you concluded? Oh, yes, I have concluded.
Yes. Okay. Um, paper to staff and thank you very much. Thank you. I had a question. Oh, sorry. Okay. I'm I'm getting old here. Forgot my procedures. Go ahead, Dr. Bass. Your power lines, are they above or below ground? They are above
barely. They're They don't even meet code. I mean there you can almost I'm sure they'll tell you you can probably jump up and touch them. So thank you. Yes. Any other questions? I
think that's it. Good. Thank you. There was one other. Yes, there you are. Okay. Name and address for the record, please. Valerie Lechu. I live at 125. Uh you're going to have to speak louder and into the mic. Valerie Lechu 12591.
Apakka Court, North Fort Myers, Florida. Okay. And I live in an HOA. Do you swear that the testimony you're giving us today is the truth? Yes. Okay. Standard question. Are you speaking for or against the application? For. You were speaking for Yes. Okay. Great.
Let's hear it. Well, I wasn't going to say anything. I just came um to support. Um but there's been so much negativity. I feel like somebody needs to speak up for the other side. And I really want to point out that this this home is owned
by Kelsey and Ryder. And the attack has been on Ryder, but Kelsey owns this home, too. And no one's done a deep dive on her personal living history. It feels like a personal attack. I don't mean to cut you off, but um if it's not related
to facts of on the ground, it those are the facts. And I've heard a lot of Okay. Uh conjecture and actually a lot of madeup stuff that doesn't fit the character of of uh Brighter is my nephew. So, and I've known him his his
entire life and and Kelsey for probably about five, six years. So I what I'm what I would like to say is that a lot of people who said that they spoke with Ryder uh came away with
a bad feeling and that has I have seen him speak professionally individually. I have never even heard him say a bad word about anyone like he's a very respectful individual and Kelsey as well. So, uh,
it's unfortunate the way, um, the president of the association approved all of this and then my nephew went through the proper steps for the variance and only after that then the president flip-flopped after some of the neighbors didn't like
it. Um, so I went on property appraiser and just did the eagle-eyed view of the 44 homes of which a quarter of the homes in Evergreen have a standalone building the size of and some even bigger.
Whether they got the variance, they got forgiveness instead of permission, I don't know. Someone said there were no variances ever and somebody said they submitted a variance. So, there's a lot of stuff being said, but I can tell you my nephew has tried to follow the proper
procedure. Um, and it's kind of landed him in a bad place. And change is difficult. You know, the lady that lived in that house was there for years and people are used to dealing with the neighbor that way. There are a couple young professionals moving in and they
have new ideas for the property. They've cleared out some um some things that you would clear out in your own home. They haven't cut down any trees. They're just clearing the kudzu and uh the things that aren't working well in the backyard. So,
I didn't make a list of points, but I just felt there was a lot of negativity. Um and I just wanted to speak for, you know, their character. They're not trying to pull thing anything over anyone's eyes. They're straightforward
people. Okay. Thank you for your time. Hang on. Any questions? No questions. Okay. Thank you very much. Thank you. Yes, ma'am. Address, where in all that? Name and address for the record. Please speak
into the microphone. Meg Wharton, one Red Oak Drive, Lichfield, Illinois. Okay. Uh, do you swear that the testimony you're giving us today is the truth? Absolutely. Okay. Are you speaking for or against the application? Speaking for the application. Okay. Yes.
Yes, I am. Thank you. Please proceed. So, um, I am writer's mother and I will speak to his character and his hobby. Since he's a little kid, he's always been involved in lots of things, whether it be um,
flipping furniture. He's He's into woodworking. He likes cars. He likes spaceships. Is he going to have car parts? I don't know. Maybe. Is he going to have furniture in the his garage? Maybe he's may even have Lego models of
spaceships. I don't know. He is very articulate. He is very intelligent. He travels a lot. I am sorry he has not been able to address all of these individuals personally when they came calling. He travels. He works a lot. Kelsey also works very a lot. There are
two very professional young people who've made a choice to stay in Bvard County and to have this as a home. And who knows the crystal ball of only being here for seven years. Who knows? Six years. I don't know how they're going to live how long they'll live there. I hope they soon get married and have little
ones so that we can fill the house. It is a big house. I'm in awe that at their age they were able to purchase this house. It's been their dream home. Is there a lot of work to do? Absolutely. But I think the point here is that you are here to determine the variance. He's
gone through the steps based on the approval. He went through the next steps. And I believe that perhaps with him submitting the variance, some of the neighbors got very nervous and they said this has never been done before. But there are there are many outbuildings as
my sister mentioned. We've walked I've been here for several um well two weeks now. We've walked many of the the roads and I've learned that there are many other outbuildings or there's sand volleyball courts or you know there's renters that are on on in the site.
Those are all variance issues according to the covenants or not I should say covenants issues instead of not variance. Um but but the other point I wanted to make is that I hope you know as my sister mentioned change is
difficult and these neighborhoods have seasoned residents who are going to be moving out. Okay, these properties that are very large and are in nature take a lot of maintenance and they require a young strong back and a lot of times
some of these more seasoned residents aren't able to do this which I think was the case in this particular property. Are they doing some clearing and and removing of of vines and invasive species species? Yes. And that's very typical to the entrance. That was just
um they had a vendor, I believe, come in and and weed out some of the uh the cabbage palms and such at the beginning at the entrance of the subdivision. So, that's just proper maintenance. I think it's important just just to look at this from your perspective. And again, I
thanks you for your time and and listening to all the public output here, but I think there's also a lot of um information that may not be factual that you're hearing. So, I'm just here to speak to his character and to Kelsey's character and to their plans on their
life here in Bvard County. I appreciate your time. Any questions for me? Thank you. So, questions. I have a couple questions actually. Sure. Um, I don't know. It's not specific to you, so I don't know if I need to go from ask the question and we'll So, I I just need
clarity. It was originally approved for a greater than 700 foot structure. Correct. The full 2600 square feet was originally approved by the HOA. That is correct. I believe that to be correct. And so then he proceeded with the next
steps based on that decision in writing. Correct. We'll we'll get clarity on that. Yeah. I don't know the details. I'm sorry. I'm probably jumping the gun. We should have finished with you and then I moved on. Is there any anything else? No, I'm good. Thank you. Thank you much. Thank you. Um, based on that
question, could you you could we have a question from the board on whether the address just just repeat the approval of the 700 ft. I can you come up to the mic so that we can get it recorded.
Start over and ask your question again. Okay. The original design schematic was submitted as a 40 by60 but it was scaled down. So when the design committee review looked at it, they didn't really understand what how it would sit on the property. It was only about 60% of what
the actual design would look like. The person that would have approved that was well aware that 700 ft² was the maximum. Yeah, I mean it's in the covenants. Okay. And does anybody have a copy of the document that they signed seeing that they saw that it was 700 was the
maximum? It would have been with the real estate agent as far as I know. Isn't it? So, I think she's asking for the letter of uh approval from the Yeah, the original meeting of the HOA that approved it initially. Oh, that was all by text. Um Okay, just heads up. So, the
approval of the 2600 ft initially was via text. Yeah. Did it specifically say 2600? It had to have said and then it had a couple conditions. There's no commercial use. Maintain uh
foliage and you know screen lines basically. Okay. Good. Good. I think I'm good. I do want to ask them. Yeah. Um I'd like to address the board real quick before you call the applicants back up. Whenever
the staff comments were uh turned in on May 19th, at that time it was stated that there is no code enforcement action pending with Bvard County Planning and Development. And since then it has been
come up that yesterday on June 17th, there is a code enforcement on the property now for unlicensed industrial business operating from a residential zone property. This was just turned in yesterday. It hasn't been investigated
yet. Okay. But I thought you'd like to know that. Does did the complaint um uh elaborate on what they thought was the industrial? No, there's some uh pictures of the different stuff on the property though.
that should. Now, this says on this property here, it says as far as uh as far as the as far as it being on um
the tax account number, it's in here on this property. It's 25 CE-0000591. So what's that? Okay. So it appears that these might be pictures from the Port St. John property. That's so it might that was
going to be my question. Is it property? This this tax number is 2762 that the one uh and the from what I can see like Mr. Bod just said this was brand new just opened yesterday. I don't even think it's been investigated by the code enforcement officer. I'll have to
verify that just from pulling up the record. I see some initial pictures without opening up every file. It does not appear to be for this property. It appears to be for the Port St. John property, but it would need much further determination before that we couldn't discuss at this time. Okay. Okay.
Okay. Thank you. Thank you for pointing that out. Let's see. I do still want would like to hear acknowledgement. Oh, yeah. No, they come up and um are there any other comments from the audience? Okay, seeing
none, we're we're done with all that. Um please come forward. This is called the part of the procedure called applicant rebuttal or summary andor summary. So this is your your time to speak to the comments. Understood. Um
firstly I'd like to speak to the uh the timeline the timeline u with regard to approvals uh and the the variance application um the initial structure proposal uh dates back to um very very end of
April very beginning of May um and we have written approval from um a combination of the uh president within the HOA and the uh design review committee chair within the HOA. Um, and this is written approval via via email
out not not text outside of text. Um, there is some further correspondence that was handled via text. Um, and the the core of that was uh related to uh an additional visit following the approval um that was uh to uncover whether or not
this would be uh viewable from the road. Uh it was agreed that it wasn't because when we were standing where the uh proposed structure would be, if a car were to drive by, you can't see that car. Um from there, the uh the correspondence via text was um
submitting something in writing stating um that if we planted vegetation, trees, some sort of shrubbery uh to help olude uh those line of sight concerns, then we would be good to go. Um that's what I have on the time. That was with the walkth through. Sorry, that was with the
walkth through or pre the walkthrough. That was in the wake of the uh the property walkd down. Okay. Uh but after the the approval of the 26 uh 40 uh square foot structure start
um I would like to say that we are two young professionals that have very mandating jobs. Excuse me. Uh we recently moved into our 3860 Pinetop Boulevard home in March. However, we were not fully moved in as we had to redo the roof and other other um issues
that needed to be um addressed. We also own two other properties in Port St. John as it's been mentioned um that we were currently renovating and we are moving out of so we're between the two. Uh we both travel internationally and domestically for our jobs. Um so the the one neighbor that did reach out via
phone um we did address with them. We like as Ryder said, he had walked the neighborhood with them. I was at work so I was not able to be there. um anyone that came and knocked on our door that was never we were not home. We even if it looks like there's a car in the driveway again we travel to Sweden, we travel to the Northeast, we travel out
west, we do a lot of travel for our for our jobs. We do not have a Ring camera so there's no way to tell who has come and knock on knocked on our door. Um so apologies to who anyone that came to knock on our door, but that was never um an intention to to disregard. as we
said, anyone that did reach out that via phone that had our phone number, um, we absolutely addressed and we were happy to do so. Um, and then again, just we we just moved in. We don't know any of these people besides one of our neighbors, um, except two cuz one came and stopped by one day and and dropped
us off a plant. We don't know these individuals. Um, we are here to to live a a beautiful life, to do the hobbies that we want to do. We believe that all these um these acquisitions against us are um false in many ways. I don't know
where they came from. Um again, we moved forward in this way that was professional that was appropriate. We were trying to follow the rules. We had we started with the HOA. We got the written approval from the HOA to move forward with that size building. From there, we then um applied for our
variance and that's when you know things things kind of went abrupt here. um we are very professional individuals who are very respectful in every way. I would hope that maybe the two individuals that we have spoken with who I've also shared um some things from our home to them that they would also
hopefully attest to that they brought up something about noise. Um we are we are doing our yard work. Our yard work we have vines everywhere. So when we use a weed whacker against those vines, it makes an awful noise. I I don't know what else to say other than we work hard. We are hard workers. Sometimes we
can't get out to do our yard work until about six o'clock and we just we do our best. We do our absolute best. Um I'm disheartened by by the attack here, but that's what I'll have to say. Thank you very much.
Um to continue, I I recognize uh this is I think extended quite a bit longer than a nominal uh case. So, I I jotted down some notes and I'll do my best to address um each of the um resident uh input uh as concisely as
possible. Um a couple points I had um to um uh Mr. Russell, the the first gentleman that that spoke. Um I share the uh the the leakage sentiment and and the concerns tied to that. our association uh relies on wells uh in in
addition to neighboring uh communities. Um I'd like to say that I'd be the last person to willingly and and and uh knowingly put something on top of our soil that would seep some sort of chemical or something into our own drinking water, let alone our immediate
neighbors. Um uh as I stated uh on our on our um first trip uh up here to speak um a lot of uh what's pictured in the non-subject property um uh not not variance subject
property but the other uh properties we own within Bvard um as I described earlier are ornamental ornamental in nature um and and don't have the capacity or the orphosis to house these um chemicals that may be of any type of
concern. Um, and I sus I suspect that the the oil or gas smells um that uh he witnessed while trespassing on both of those properties came from the mower shed which has gas and oil for two-stroke weed eaters and and you know
gas to maintain um the uh the mowing of of that lot. Um, in addition, I the last the last week of March, uh, we noticed some some trees had been trimmed, um, on that 3885, um,
uh, property address in the the Hidden Hills, um, subdivision. Um, and those were thrown over our fence with with no regard to anything that we had going on. I understand uh as I've described, there's tons of vines and overgrowth back there, but I don't think that's a reason to um you know, blatantly
disregard and uh respect someone else's property. So, I think that um directly goes against the attributes that he he's articulated. Um the the last thing uh that I want to talk to is there is no business, never has been a business.
This is not industrial in nature. It's purely from a hobbyist perspective. Um, so that's that's what I had uh on the on the first um um elements of uh feedback. Um got a
couple other bullet points um to address uh Mr. John Meyer's uh comment. Um we spoke to a couple of these already um with regards to the uh previously approved um original building size. Um
at the time, you know, we we spoke about the 700 foot limit within the community. Um obviously we are new members to the community. So the the board members that approved this um would have been were and would have been more privy to the
CCRs and any covenants covenants restricting building size. Were you aware of the 700 ft² restriction of purchase? We had a copy of the um uh addendums and then a draft copy of the bylaws uh which were met and tabled and
ultimately not uh voted uh to incorporate into the very dated um CCRs and and um declarations for the the community. Um we did get an old one that we weren't sure was accurate because it was written in I think the late '7s is
dated like 1977 or 1978. Um, and then we were forwarded a copy of the draft of the bylaw additions through our um our realtor uh through throughout the the duration of the the purchase of the house. Um, we were sent um the the full
CCR documents uh just recently after I had asked for uh where specifically um the 700 square foot uh limit was written. Um, and those were documents that were forwarded by those same board members that approved the original
building size of 2640 ft. Um, so they're fully in tune with with those requirements uh at the time of approving this original structure. Um, the next thing I have here is uh drainage concerns. uh the the same data
documents I mentioned that um discern some of the um constricting building types and and and buildings things like that uh in the community. Also declare that uh natural driveways and approaches are um ideal for the community and of
the 44 homes I believe all of them have either some sort of asphalt or concrete approach or full driveway. Um I I understand the drainage concerns. As I said before, the building does not encroach on to um the the county easements which is greater than that of
the uh utility and drainage easements per the property. In addition, uh the the square footage of the building would block the um the absorption of of rainwater um uh across its footprint, but an installation of a swimming pool,
a driveway extension, an additional parking space, um uh an addition to a screened in enclosure, all do the same thing as well. That's all covered ground that would no longer have the capability of absorbing that rainwater. Um,
the next thing I'd like to address is the uh the the scale drawing. Um, he mentioned the rear of the property was 150 ft wide. That's not information that I've provided, but that is information that's publicly available if you review the uh parcel ID on the county website.
Uh, you can see the plotted dimensions and uh in the original building proposal, I did provide dimensions of that building. Um, and the CAD software that I used to scale my property against the survey we got during the closing of
the house was used to make sure that the 44 or 40 by um 60 building was to scale. Even if it wasn't, the dimensions were present and those could be used to scrub against the um the dimensions of the
property to determine its true size. Um, I work um I I've worked out in the space coast for for several years. I'm familiar with a lot of the wildlife. Um, I I think it's great that we live um in
a community that um is shrouded by by uh you know, natural and mature forest. Uh for the most part, um gopher tortoises are something I see um probably on a weekly basis at work. Um, it's not something that I've seen on our
property. Um, but I I'm familiar with the the nests and things that they have and I I just haven't seen it moving around. I've seen plenty of other wildlife, but um haven't seen the uh this specific gopher tortoise that uh was was discussed earlier. Um the next things I'd like to address
uh were some concerns that came from Sharon and Ray uh Cricer, our um immediate neighbors to the uh east. Um they began with reading a statement from uh their um east east neighbor. So two
houses to the east of us. Um he he feels this building is far too large. Um I feel that's subjective in nature. I'm not sure what he does for a hobby and and maybe it's sufficient for what he does. I I feel like I have proposed something that would be sufficient for
us and the continued growth of our home. We plan to start a family in this house. So, this is something I'd like to do once and and not have to be in here again for another variance and some sort of um addition. Um there was a comment about not
maintaining the natural landscape. Um I I'm not sure how we would maintain the natural landscape before any provisions for this uh structure have commenced. Um, we have cleared um some um
uh foliage on the the east side of the property. Um, and we brought several photos we'd be happy to submit that depict the composition of that u vegetation and how invasive and destructive it is to the mature trees that we would love to keep um and and
what the uh the pepper trees and and the vines look like uh in contrast to those. Um, we feel we've been forthcoming in our uh, intentions and we approached the process responsibly. Like I mentioned earlier, they said, "Hey, we'd like to,
you know, better understand your your building. Uh, would it be okay if we we came over and and put eyes on it?" And I said, "Sure, I'll be over there in a few minutes." And we walked the property. We walked the neighborhood. Um, everything we've conveyed is absolute. It's exactly what uh we're in pursuit of. Uh, I
understand that there's been some friction in the past due to buildings that were erected that ended up being larger than what was approved. That is not the case here and it's not something that we would want to be um associated with. Um, and and I feel like there's a
detriment tied to that uh due to the I don't know mishandled assembly of of previous structures. Um there was an additional claim um to value the vegetation. Um but uh they had conveyed to us that um soon after
purchasing their property uh approximately 25 years ago, they cleared the entire backyard with the exception of three large trees. Um, so I I'm not understanding the argument for removing uh not landscaping, but again invasive species um after deforesting, you know,
uh 4/10 to half an acre of of dense woods that would have been there prior to their clearing of the uh the rear of their property. Um the rear of their property would also be what would have obscured um where this proposed structure sits on our property.
Um the height is stipulated uh upon reading the CCRs that we were just recently sent. Um I believe uh they reference uh not to exceed 20 ft. Um I I'll touch on this in a bit, but uh I I
mentioned earlier that I think 18t eve height, meaning just the vertical wall, not including the height of the the sloped roof, would be what's required for a a nominal two-story structure. That's not our intent. That was never our our goal. I don't plan for this to
be an accessory dwelling unit of of any kind. Um the last thing was uh the the grinding of of metal. I'm not sure what that refers to. They did have a comment about uh specific noise we used to clear um
some of the vines, and I said, "Yeah, that was that was us the other night working to clear um some of the area along the property line." Um, it's a it's a tool used for when a weed eater just won't do it and you need something for vines that are about an inch in diameter. Um, they're very robust.
They're very tough to cut through and it's essentially like a saw blade that goes on a weed eater. Um, that sounds like a circular saw if you were cutting lumber. Um, in addition to that, um, the the exterior of the home and the the the
foliage amongst the property itself, um, is in need of immediate improvements. Um, as as Kelsey mentioned, uh, the the week following our closing on this house, we put a new roof on it. It was very dated and was at the end of its useful life. Uh that was just the
beginning of a lot of uh exterior improvements that are required uh at this property uh both to the principal structure and um all of the vegetation surrounding the the principal structure. Um I think a lot of that uh was just not maintained well enough over the
last uh 20 years uh which is the duration the the previous owner uh resided at that address. Um, I wish that wasn't the case, but um, the longer you wait to clean it up, the harder it is and the longer it takes and more more um, more effort required.
Um, there were some comments that uh, Sylvia had had brought forward. Um, I a big draw of us for this property was the um, forest nature of of the uh, the association and and the u the homes within. Um, I think that entire area off
of off of Carpenter is is great. Um, it's it's it's a beautiful property. Uh, it's a lot of what drew us to the property and it would not be our intent to um make any any changes to that that would create some sort of detriment to the um the overall general um aesthetic
of the of the neighborhood. Um, in addition, I I I feel like, you know, we we came in and we we've been clearing this property um probably more at a more accelerated rate um compared to neighbors. And and we've heard from
several people. Um some that have been there just a couple years, three, four years, some that have been there over three decades. Evergreen used to be so exclusive. It used to be beautiful. We've been there three months. So, I'm not sure why we're carrying the liability, the divided liability tied to
what it used to be. I feel that if it used to be so great and and people have been there for 30 years, why isn't it still great? I I I feel like some of that should be levied on residents that have, you know, maintained their their address there for so long. Um, that's not to say we we we don't want to
continue doing so. I just feel that um some of that's um coming from of a place with with little value. Um, uh, Tim came up and and addressed a couple things. Uh, I'm I'm sorry, there was one last comment I had on Sylvia.
There there is an existing, uh, shed, just a, I don't know, maybe 10 by 15 shed. Um, it holds the hurricane shutters for the property. I'm not sure when it was installed. It's rotting into the ground. There are gaps between the roof and the walls. The the shingles are completely done. Um, that's something
that she sees from her line of sight that that she mentioned. But uh the the subject building that's tied to this variance or that this variance is tied to um would be far beyond that um behind another wall of um you know these these
pepper trees and these vines. Um uh Tim had mentioned uh that the height the height had had never been discussed. Uh this is another thing where I feel like when the information is absent it just gets spun up on its own. We have never said that this is going to be taller
than 20 feet in nature. Even a like a a 212 roof pitch for example across a 44 foot dimension would only be 3'8 in of rise. So on top of the vertical wall those would be the dimensions we're looking at. So if there was a 14t wall
like somebody mentioned earlier 17.67 ft would be 17 ft 8 in roughly. So um I hope that helps absolve any greater than 20 ft concerns. Um there are black top driveways um throughout the entire neighborhood. I
mentioned this earlier. This was kind of touching on the the drainage concerns uh due to the elevation difference and some of the downstream effects from the property behind or the the association behind ours, the the Hidden Hills uh association. Um, again, anytime a pool
is put in or a driveway is extended or widened or another parking space is brought in or uh even a a pool pump house or something is installed that prevents the the the ground underneath that uh that area from absorbing it. So,
there's a lot of parasitic additions that culminate to the same concerns here. Um there seem to be other projects in the neighborhood uh that have taken place without um HOA approval. And this is
things that we've had voiced uh just verbally um from uh other members in the neighborhood as well as um a couple board members. Uh we feel that we've communicated our our intents clearly and articulated um exactly what we're looking for to those key stakeholders.
uh and don't feel like there is any um malicious intent behind all of this. I I feel that we've approached this responsibly and done our due diligence and our homework and and um you know overlapped uh things in nature to to you know minimize the downtime in order to
um bring this project to closure. Um the the last gentleman to speak or the the second to last I'm taking notes and and and missed their name so I apologize. Um there were some uh some FPL uh access concerns brought up. Um
talked about placement of the building again and this is something I mentioned earlier. It aligns with the driveway side of the house. So if it deviated from that we would be adding more driveway which could affect drainage. Um, if it was a paved driveway, again, that's that's not in my plan for now. I
don't expect it to happen, but who knows? Um, what I'm saying is I I'd like for it to just be um, you know, as as u I just want it to fit in. I I don't want a big concrete slab through the the middle of the property. I don't want that. I don't want that
look. I don't think my neighbors would want that look. So, I I share their sentiment there. Um the uh again I think this is the third time I've stated this but the building does not overlap with the utility and drainage easements which are 5 ft further than the uh county uh setback
requirements. Um and then I believe the association has further constraints on uh setbacks per the CCRs uh at the rear size of the property. Um the power lines at least for an evergreen are buried between the common transformer um and the houses. Uh at
least they are for my property and the immediate properties. There is a common line that runs the rear of our uh street um and would supply power to the back side of the homes um on the the backside the back adjacent side in the Hidden
Hills property. Um trees would have blocked FPNL access in the past. They also would have have uh they would have had to to drive over a uh a drain field for a septic on our property. So, I don't believe they've ever used our property to access those.
Um but I argue on the contrary that an access path to this building um would allow more convenient access to these utility companies in the event of an outage. And I'd be happy to volunteer that if it meant my power gets on faster and and my neighbor's power gets on
faster as well. Um, right now there is no access, but there could be. Um, I think that's all the notes I I had written down. Appreciate your time. So, we we may have
some questions here. Um, would you have any questions? Is there any compromise to the 2600 ft? Um, I'm I'm not saying no. I think there could be. Uh this is a question I had I had called in and asked uh to associate planning um uh at the
the planning and development office just recently. Um again just trying to do my homework and be prepared for all outcomes. Um but I'm not saying no. I don't have a hard fast requirement at this 2640. I agree that there needs to be
compromise on on all sides. Um but I feel that an 40% reduction in size is quite the compromise. Okay, pause just a second. Can I ask you a question? If so, for example, if the variance is is approved for whatever reason and then
the HOA has rights to not approve it moving forward. Correct. So they would still need to have approval from the from Evergreen to be able to move forward or does this supersede that? that that would be a civil issue between the homeowners association and them.
Okay. Question. No, I have no questions. I probably have asked you this question in the past or it became part of the multitude of presentations we've had here. you just in your own words again, the the
purpose of the building is to store lawn equipment and possibly a home gym. Just please elaborate. Sure. Sure. So, what I mentioned earlier was just a general hobbyist space which could include this woodworking we mentioned um
tinkering on um just a couple old vehicles that I have. Um uh in addition, we we mentioned a home gym and then uh space to store the equipment used to maintain the subject property and the two other properties that we own as well as the transportation equipment for that
the the tractors and whatnot. And I again your presentation there I somebody mentioned a 14T garage door. Yeah, I I think uh I think what was brought up was that uh 18 ft may be
required to put a 14t garage door in which would house any type of roadworthy like camper or I don't know fifth wheel camper or RV or something. I think that's where that was coming from. Uh I believe it depends entirely on the the
composition and the structure um of the building. Um you you can't go all the way up to the roof with a door. There needs to be some sort of vertical um spacing. Yeah, sure. Sure. Uh for for an opener or whatever stos the door, but um
I I don't believe it would need to be 4 ft in in this case. I think we'd be looking at at less than that. Uh in addition, I mentioned that an 18t wall would be inherent to uh twotory uh property. Um and that's that's not our goal here. So, what was Eve's height
that you intended? I think we'd be looking at either 14 or or 16. Most likely 14, which would accommodate a 10-ft garage door. Uh 10 10 or 12. Yeah. Depend again depending on um what what design looks like. Okay. And then we get
into um a bit of semantics. Some people say industrial vehicle disassembly. You're calling it a hobby. again semantics of um and there was some evidence shown of commercial
sales of u disassembled vehicles and stuff which would tend to indicate a a commercial venture. Sure. So please address that. Sure. Um I'm I I I'm not sure where the the the
commercial or industrial classification comes. Um, I I look at these as as items. Like on on the woodworking side, if I were to purchase a cabinet or a dresser and build out different shelves or drawers for those, I would be selling the ones that I don't need. Or if I had
a garden and I wanted to propagate some sort of mango tree or tomato plant, you could sell the the seedlings from those on the same um on the same structure. This would be like uh if you're familiar with like a tailgate bench, things of
that nature, or just ornamental um uh like old farm um just or like yard ornamental um fixtures. So, it's not your intention to bring in vehicles and disassemble them for parts?
Absolutely not. and and the photos for the other property is the farthest thing I would want my property at at Pinetop to to look like. Yeah. Just for the record for our own board members, we are only addressing this property. We are not addressing whatever is going on on
those other properties. Sure. Sure. I understand. Okay. Anything else? Thank you for your patience. Thank you. Thank you everybody for your comments and stuff. I'm just for not to
please have a seat. Thank you. Thank you very much. Thank you for your time. I just have a more scale drawing rendering. Come on up. I'm not going to take testimony. You just tell me what you are submitting for
the record. Well, just tell me what you're submitting for the record. Oh, I'm submit I'm submitting a more two scale um diagram uh plot. Was this part of the uh this was pulled up by my neighbor
Mark off the Was this part of the HOA submitt? Is that what that is? This I finally found it on email, but I can send it to you guys. get an email address and and forward it to staff. If you want to present that for the record for staff, that'd be
fine. Okay. But we're we're done with the testimony. We have that. Yeah. Okay. Okay. We have that. All right. I think that concludes all of our testimony. At this point, we come to
this side of the bench. board for rail, whatever. Um, I need a uh to proceed, I need some kind of a motion either to approve or disapprove. Whoever wants to do it. Great. Uh, I
make a motion to deny the variance depicted on the site plan provided by the applicant with the revision date of 31725. Should I elaborate now or wait for discussion? Get a second. I second. Okay. Just it keeps the
discussion going. Okay. We have a motion by uh Dr. Bass to deny the application as submitted. Uh we have a second from Miss Clemens. Uh open it for board discussion. Now of that motion.
I will say that it is the reason why is it is contrary to the rescended ruling of the legally statefiled homeowners association. It is an oversized building compared to
other outbuildings in this homeowners association. And the issue has been raised of impact to water drainage into wellwater which is a well-known
concern of people in Florida many people in Florida and uh the concern of many residents here. Okay. Uh and when we have a negative motion like this, uh you do have to and
you have um direct your yes negative reasons to one of the six. You have to decide which one which one or two or three you're going to uh address it to. So do you have comments? No comments. you know.
Um the one that the one that comes to me is that there is enough community interest in this and it's a negative community interest that
it um is not compatible with the rest of the neighborhood. And uh I hope well that would be my my reason for negative
things. So if there any more comments? No. Okay. Well, I'll read those comments now as I must for the record. Uh in order to authorize any variance from the terms of this chapter, the board of adjustment shall find all of the
following factors to exist. that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance
requested will not confer on the applicant any special privilege that is denied by the pro provisions of this chapter to other lands, buildings or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary non-due hardship on the applicant. That the variance grant is the minimum variance that will make possible the reasonable use of the
land building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare. Um with those uh categories and and
thoughts in mind, we'll call the vote. Now, this would be a vote yes would deny the application. So, all in favor of denying the application say I. I. Any opposed?
Then the the motion carries, but the application is denied. Mr. Bod, can we have the next applicant, please? Yes. Item H7, Kenny and Evelyn Hernandez
request three variances, chapter 62, article 6, Bvard County Code for a pool screen enclosure, a pool and an accessory structure in an RU-1-13 zoning classification application 25V000019 located tax account number 301
6857 in district 4. Thank you. Um would the applicant please come forward? Could you pause just a second? Sure. Are you going to speak for against or you just here to support?
Okay. Thank you. Okay. Just want to know what my pursuit. Yes. Um, name and address. Good. Make sure you're close to the microphone. Good afternoon. My name is Kenny Hernandez. My wife Evelyn Hernandez. We are the
owners of Gohead. 5470 Calder Drive in Melbourne. Okay. You can both raise your hands at the same time. Sure. U. Do you swear that the uh testimony you're giving today is the truth? Yes, sir. Okay. How can we
help you? Uh, we are applying for variance. Uh it uh in reference to a pro a pool project that we have for the for our house. Um my house is a corner property. We're located uh in a culdeac.
And uh I know there's a an area in question which is the far right side towards the culdesac. Um I didn't know that my neighbors were here and uh thank you for that. Uh, I've uh I've tried to be transparent
um and um with my neighbors. Uh I just purchased the house last year. Uh we're planning to physically make this our residence, our retirement home. Um uh we included uh our neighbors. Um we
actually measured everything out. Uh they were very helpful actually. uh we kind of measured from the side of the culde-sac. Um and I know that area in that corner was in question. So I was hopeful that
I think it was 20 or 21 ft from the house to the to the back and then it it would cut diagonally to the rear of the yard. uh which would I would say give hopefully the
appropriate space uh that would be needed for me to be approved for the variance. Um I have um besides the uh my commitment to Martin Pools, I also purchased a pergola which I it's paid
for already from Paradise Grills. they calling me every two weeks to when are we gonna deliver it? And uh I kind of have have them on hold because obviously um I wanted to uh hopefully be able to
uh have this variance approved. Um you know the community that we live in the houses I don't want to be an isore and I and I've said that and I've made it very clear to my neighbors. I want to be an asset, not a liability to the
community. Uh, and I whatever has to be done, uh, not only did I assure my neighbors, but I'll assure the committee that whether it's landscaping, I want to I want to have a finish there that not
only I'm going to be happy with, but my neighbors are also going to be able to say, "Ken, good job." Um, so I'm hopeful uh that you see my intent
uh and we could get it approved. Okay. Um, Dr. Bass, this is your district? It is district 4. And I did visit your property. Okay. And I looked at the property and I looked at it on the
culde-sac. Mr. Hernandez, you have requested three variances. Correct. You request a 50% setback deviation to build a pool screen enclosure 10 ft from your property line.
And is that on the culde-sac side? 10 ft from the property line. Yes. Yes. It's on the culde-sac. 10t from the property line. No. No. Is it? No. Is that Is that the other side?
Is it on the back side? I think that's the backside if I'm not mistaken and I'm sorry that I don't have clarity on that. Do you have a letter of agreement from St. Andrews Manor Homeowners Association to build that close to your neighbor and
outside your property line? 50%. From outside of my property line. He's not building it outside of his property line. It says here it's 10 feet required. He's
asking for a 10-ft reduction to the 20 foot setback requirement. Correct. So that's 50%. But you said that he's building it outside of his property. No, I'm sorry. I misspoke. The first request to 50%
deviation from what the code allows. for this design. Do you have an approval from the homeowners association? Uh I don't at the moment. Um I have uh letters of support which were uh yes
which were submitted. I did read that. Have you have we got letters of support? How many are they? And did they actually say that they were uh within 10 within that close to their property
line? The letters. What letters of We don't have them. I don't have any letters. I don't have any letters. The letters of support from my neighbors. I do not have any. Yeah, Dr. Bass, we didn't have anything submitted to the record for
this application. That's what I was asking. And you haven't got an approval from your homeowners association, the St. Andrews Manor Homeowners Association. No, I didn't. Well, according to your worksheet, item six, you say that you do have letters.
All right, we'll go. Let me move on. Okay. Number two, you have requested a 52% setback deviation to build a swimming pool 15t from your property line. 14 feet, I'm sorry, from your property line. That sounds about right.
Yes. Okay. Do you have an agreement from the homeowners association to build a swimming to pool 14t from your property line? At the moment, I don't, but I will definitely request one. referencing your worksheet item number
two. Are not the special condition circumstances a result of the pool design prepared for you by Martin Pools? Is that what you're not doing? That's correct. Mr. Hernandez, did you ask Martin Pools why they can't design
within the property? Uh, they're requiring you to make a code change here. Okay. Right. Yes. So, did you ask them why that's what their design is? Is this not within the
variances? No. You've requested a third variance. You request the complete elimination of the requirement for separation between accessory buildings. Number three,
allow five feet from the required 5T separation. She's bringing up the fact that your proposed pergola is going to be almost up against your screen enclosure. There's supposed to be a 5 foot separation distance. Okay.
Do you know that this this request is not in compliance with Bvard County Fire Code, which says that regardless of setbacks, fire resistance and opening protection requirements require there must be a minimum of 5 ft spacing between any two structures on the same
lot. Okay. I mean, I I want to comply with with obviously with the with the requirements Did you ask your contractors why they're not designing in accordance with fire codes and with the county codes as far as the pool's concerned? As far as any
of them are concerned, well, the only thing Okay. Your recommendation is to to minimize the pool and pull it back some. Is that what you're saying? Yes. What What if if I may um What about if I change the
design? You'll have to talk to your contractor about Well, well, yes, I I definitely will, but I would recommend maybe, you know, doing it this way rather than this way. And you certainly need to check with the fire department. Definitely. I agree.
But I would check into the design and talk to my contractors. Sure. I agree. Um Yeah. Yeah, I have no further questions. Okay. Um like to
like to talk to staff a little bit here. What What are options as far as tableabling? Uh if you'd like to table it, it could be brought back. Um with a different application next month.
Uh this is what was proposed and for the variances these ones he's wanting to have the pool and the screen enclosure within the setbacks from the side street setback requirement and then the proposed pergola. Well, I'm looking to
give him the opportunity to if he's looking to change the request completely. It would have to be readvertised. Yes, we could table for readvertisement and bring it back before the board, but he would have to get with his contractor. We'd have to redo the legal.
You've got to get the reason for his additional the reason for the setback request is because he is a corner lot which does require larger setback requirements than the standard pool code or something but it hasn't been approved by his homeowners association. So get that approval up. He needs to get that
approval and I will I will I will work. So you need time to do that. So that's what I'm wondering how how we can do this to give them time to revise. You can uh you can make the uh motion to table for 30 days, 60 days
for him to have uh time to time to come back in front of the board after he's had a discussion with his architectural review committee. Yes. And with Yes. With your contractors and with your homeowners association. With my homeowners association. Yes. How much time would you need for that?
I'm going to work on that immediately. Um Okay. So, so we could next month I'm thinking homeowner associate stuff is is 90 days too much, too soon. 90 days to get an approval for to come back to the board with the HOA with everything
together and the new drawing or you may not need it depending upon what the contractors come up with. Now, the contractor Martin Ples, am I correct? Mhm. Correct. Okay. Um, yeah. I mean, I'm going to I'm going to do my part. Well, you have two. You have Paradise
Grill, which is putting in the grill, and then you have the Martin Pools. So, you have two contractors here. That's correct. Yes. So, they need to be in compliance. So, that obviously, I mean, if you're going to change one, as far as as far in reference to the pergola. Um
Mhm. I'm sorry. Yeah. Um Okay. Staff question. If we said 60 days and he came back to you and said, "I need more time. You could just reschedu without our action. Mr. Hughes, would we have to
readvertised at that point if the board made a decision for 60 days and say he needed 90? I believe we would need to readvertise. I believe you would. Yes. I don't think 90 days. I think I I'll speak today. I'll go immediately to the HOA. Uh meet with Martin Pools. Um just
so that I'm clear. Um, I live in an HOA, so I'm aware what he's saying is TR it does take time and uh, you probably will want to have a drawing. They going they're going to want to have a drawing uh, from Martin Pool and of the Pigota.
Is there I live in a HOA, so I know. Okay. Um just so I'm clear um is there any is um is there any way that we can settle that far corner so like that I kind of know how we're going to
navigate between the perglar the pool is there is that is that really not unless the HOA has approved that right okay so you need to take the design to them and have their approval and then it's that that and I would also say that Mr. Bod's
and his staff are much more expert at those little those particular details. So it would be something you'd want to discuss. Mr. We'll speak after this. Okay. Yeah. Okay. So um I think where we're headed here is
to table this for 90 days, 60 days. I think 60 days is 60. I'm going to push hard. I'm going to push. This is I I want to come and retire here already. I move here already. My wife already checked out of
New York. So, Mr. Huffman. Well, it's irrelevant, but um the the pool doesn't stop you from occupying the house and No, no, but it's a it's a big part of what you know. Well, it'll come. It's a
beautiful Thank you so much. And thank you so much. Has a nice yard. This is very important to me and my family. Of course. Everybody in Florida wants a pool. Yes. Let's let's get a motion to table for 60 days. Thank you so much. Okay. So, it's going to be
tabled to August 20th. August would be the next. Thank you. So, we need a motion to I'll do it. Table it till the meeting of August 20th. I make a motion to table this to a meeting application
to a meeting date of August 20th. August 20th, 2025. August 10th. Do we have a second? A second. Any discussion? No discussion. I was house, but you weren't home. Yeah, cuz
we're still in transition, you know, we're moving and that's what you were saying. Yeah. So I'll call the in favor of tableing the application. Say I I I I thank you so much. Thank you so much.
Thank you for 60 days till August 20th. Thank you. See you then. Thank you so much. I'll see you probably before then. Thank you. Seeing no further applications, I declare this meeting of the Bvard County Board of Zoning Adjustment
of uh June 18th uh adjourned. Approved. Approved. When is our next one? I think that the opinions expressed by any member of the public during any period of public comment do not necessarily reflect the
views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or
liability for any defamatory or slanderous statements expressed by any member of the public during any such period. [Music] [Music] [Music]
[Music] [Music]