WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=NWhoKtSxRGw

NOTE
MEETING SECTIONS:

Part 1 (Video ID: NWhoKtSxRGw):
- 00:01:07: Pledge of Allegiance and Meeting Commences, Agenda Overview
- 00:06:18: Explanation of Board Function, Hardship Definition, Procedures
- 00:10:10: Approval of Previous Meeting Minutes and First Application
- 00:11:24: H1: Denied Variance Request, Applicant Absent
- 00:13:59: H2: Variance Request, Accessory Structure Size RRM-1
- 00:14:32: Public Comment Slot: None
- 00:17:21: H2: Board Discussion & Motion to Approve, Setbacks Wetlands
- 00:20:40: Public Comment Slot: None
- 00:20:59: H2: Board Approves Accessory Structure Variance
- 00:23:26: H3: Variance Request, Dividing Lot Size IU Zoning
- 00:24:04: Public Comment Slot
- 00:24:04: H3: Initial Questions and Background on Property Split
- 00:29:01: Public Comment Slot
- 00:29:27: Comments from James Faria, Potential Buyer
- 00:30:21: H3: Board Approves Divided Lot Variance
- 00:32:30: H4: Second Variance Request Same Applicant/Property Split
- 00:33:51: Public Comment Slot: None
- 00:34:05: H4: Second Variance Approved Same Property/Salvador Mano
- 00:35:40: H5: Variance Request, Boat Dock Repair District 4
- 00:41:44: Public Comment Slot: None
- 00:42:02: H5: Variance Approved, Repair Existing Boat Dock
- 00:45:35: H6: Variance Request, Screen Porch Setback Repair District 4
- 00:50:11: Public Comment Slot: None
- 00:50:32: H6: Screen Porch Setback Variance Approved
- 00:52:08: H7: Fence Height and Accessory Structure Variances District 2
- 01:02:17: Public Comment Slot: None
- 01:03:09: H7: Discussion on the Motion and Vote
- 01:11:37: H8: Variance Request Accessory Structure SR Zoning
- 01:22:29: Public Comment Slot: None
- 01:22:50: H8: Board approves variance.
- 01:25:24: Meeting Adjourned, Disclaimer


Part: 1

1
00:01:07.840 --> 00:05:49.440
Heat. Heat. Heat. Hey, heat. Hey, heat. You ready? Please stand for the pledge of allegiance. >> I pledge allegiance to the flag of the United States of America and to the republic for it stands one nation under

2
00:05:49.440 --> 00:06:16.440
God indivisible with liberty and justice for all. I now call this meeting of the board county board of zoning adjustment for Wednesday, April 15th to order. Any staff announcements?

3
00:06:18.880 --> 00:06:35.919
Seeing none, we have our first reading for Mr. Bod, please. Yes, Mr. Chairman. The board of adjustment is a quasi judicial body established by the board of county commissioners under chapter 62 article 2 division 4 of Bvoulevard County Code.

4
00:06:35.919 --> 00:06:52.400
The board of adjustment is empowered to hear requests for variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9. Pursuant to Florida rules of appellet procedure, any person or persons jointly or severally agreved by any decision of

5
00:06:52.400 --> 00:07:09.280
the board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief. Mr. Chairman, you have eight items on your agenda today. >> Thank you. That was Mr. Bod from the planning development office describing

6
00:07:09.280 --> 00:07:26.240
the function and operation of the board of zoning adjustments to our applicants in the audience. Thank you. Now will we have Miss Clemens please explain to the applicants in the audience the statutory definition of hardship. >> An undue hardship a variance may be granted when it will not be contrary to

7
00:07:26.240 --> 00:07:43.520
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

8
00:07:43.520 --> 00:07:59.919
applicant will have no reasonable use of the subject property under the existing development regulations. Personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in

9
00:07:59.919 --> 00:08:15.520
instances where the land owner cannot yield a reasonable use and/or reasonable return under the existing land development regulations. The applicant must answer a variance hardship worksheet with six questions. The board of adjustments will discuss these

10
00:08:15.520 --> 00:08:31.759
questions today with each applicant who has requested a variance. Thank you, Miss Clemens. I will now address our board members, the applicants in our audience regarding the board procedures for today's hearings. The board of zoning adjustments as a quasi board with members appointed by

11
00:08:31.759 --> 00:08:47.279
the Bvard County Board of Commissioners will utilize Robert rules of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentation, we will begin board

12
00:08:47.279 --> 00:09:02.160
questioning with the board member who represents the applicants district. When concluded, questioning is open to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor

13
00:09:02.160 --> 00:09:18.880
to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given an opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to present their

14
00:09:18.880 --> 00:09:34.640
final comments. Once completed, no further comment will be heard from the applicant or the public. The action then moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we're asking each speaker to be concise in what they have

15
00:09:34.640 --> 00:09:50.640
to say. It's important that you stay on a subject and avoid information that's not relevant. All persons speaking must provide their name and address for the public record. Those wishing not to verbally state their address may ask the clerk at the podium for a dress card.

16
00:09:50.640 --> 00:10:10.399
Please fill it out and return to the clerk. Are there any questions regarding these procedures for from the board members? Are there any questions regarding these procedures from the applicants? Seeing none from the audience, we will move to our next order of

17
00:10:10.399 --> 00:10:28.560
business. Meeting minutes. Any changes and motions to approve? I move we approve the uh meeting minutes of uh the meeting of March. What's the date?

18
00:10:28.560 --> 00:10:47.880
18th. Okay. I move that we approve the meeting minutes of the meeting of March 18th. uh 2026. >> I second. I'll second that. >> Okay. So, we have a motion to approve

19
00:10:49.600 --> 00:11:06.720
the meeting minutes. A first and a second. Thank you. Those meetings have been approved. Applicants for variance. >> Actually, go ahead and take a vote. take a vote to approve those many minutes >> after the motion. Yes.

20
00:11:06.720 --> 00:11:24.720
>> After the motion, can we have a >> All in favor or >> All in favor? >> I >> The meeting minutes have been approved. >> Thank you. Application for variance reading application. The first one, Mr.

21
00:11:24.720 --> 00:11:41.920
Bod, please. >> Yes. Item H1, Matthew Sean Matthew Hasbar, request two variants of chapter 62, article 6, Bvoulevard County Code for the lot width and the lot size in a GU zoning classification applications 26

22
00:11:41.920 --> 00:12:03.839
V00005 located in district 1. This item was tabled from the March 18th, 2026 BOA meeting. Okay. Is the applicant here? Sean Matthew is all

23
00:12:03.839 --> 00:12:20.320
seeing that they're not here. Will we be tableing this again or >> No, I don't think you can table it again. >> Okay, we cannot table it again. Is it dismissed? Well, no action. Yeah, you

24
00:12:20.320 --> 00:12:37.519
you can deny it. They haven't shown up. It's up to you. It's up to the board. You can take action. But >> one last call for the subject on H1. Sean Matthew Hass. >> You can take action based on what you

25
00:12:37.519 --> 00:12:53.360
have, what you've been given. >> Anybody like a motion? >> I make a motion that we deny. And >> I would like to make a recommendation besides deny. This property might need to come in again for a variance. Maybe somebody else will be able to have to

26
00:12:53.360 --> 00:13:09.839
apply for it to get the property legitimized and if you deny it then he won't be able to come in because you cannot apply for the same v exact variance. So you might want to just deiss dismiss it. I don't know. It's up to y'all. >> Is the word dismiss then

27
00:13:09.839 --> 00:13:25.760
>> as as opposed to denial. We use the word dismiss. >> Deny means you're going to deny what is uh the proposal is for. >> Okay. the lang >> it's it's up to the board. You guys can you know those you have those options. So >> well let's have a discussion

28
00:13:25.760 --> 00:13:42.560
>> dismiss it. >> Then they have another opportunity. >> We want to use language that allows him to to reapply. >> Correct. >> Yeah. He would have to reapply. >> What do you say, Miss Gomez? >> I agree. >> So do we use >> dismiss? >> All right. I move that uh we dismiss

29
00:13:42.560 --> 00:13:59.760
this application uh uh presuming that they will reapply at a future time. Second. >> I'll second. >> Okay. We have a dismissed by Mr. Hoffman and we have a second by Dr. Bass. All in favor of this dismissal?

30
00:13:59.760 --> 00:14:15.040
>> I >> I >> I H1 have been dismissed. Mr. Bod number two. >> Yes. Item H2, Jesse Richard Myra Parker Bowling, request variance of chapter 62, Article 6, Bavar County Code

31
00:14:15.040 --> 00:14:32.240
for an accessory structure in an RRM-1 zoning classification located at tax account number 2000 4974 in district 1. >> Can the applicant come to the podium?

32
00:14:32.240 --> 00:14:49.320
>> Good afternoon. >> Good afternoon. I swear you in please. >> Yes, ma'am. >> Please state your name and address for the record. >> Myra Parker Bowling. My address is 4890 Patty Lane, Mims, Florida 32754.

33
00:14:49.839 --> 00:15:07.279
>> Okay. Do you swear to tell the truth? >> Yes, ma'am. >> How can we help you this afternoon? Um, so my husband and I purchased this property back in November and we knew there was a code violation and the explanation that was provided for the adj adjacent realtor was not clear. Um,

34
00:15:07.279 --> 00:15:22.639
and we were told that we simply just needed to reply apply to have it zoned to agriculture, which um, I came up here and started working with uh, Desiree Jackson and realized that that was not the case, but it was a variance um, issue because the building structure

35
00:15:22.639 --> 00:15:39.360
that they put on the property exceeds the um, square footage that's allowable under any of the zonings that we had. If we move to agriculture, the setback wasn't far enough. Um, so we are hoping to clear up the code enforcement and get

36
00:15:39.360 --> 00:16:11.480
this variance um, approved. >> Okay. Well, I see you in district one. That's my district. >> You were here before, correct? >> No, ma'am. This is your first time. >> I've never been here before. >> Okay. >> This is all brand new to me. >> Okay.

37
00:16:15.920 --> 00:16:32.000
>> I wasn't able to drive by the mobile home or anything or your property, unfortunately. However, I do know the area. >> Yes, ma'am. You can't see any of these buildings or property. You can't see any of it from the road. I mean, you really

38
00:16:32.000 --> 00:16:48.639
have to go beyond and then there's nothing where this actual structure is at. >> Um, all of that is wetland area behind there. So, that's another reason why it's situated where it's situated at. It couldn't be um placed anywhere else um when they originally built it. But

39
00:16:48.639 --> 00:17:04.720
there's no homes back there. There's no there's nothing back there. So, >> right. >> The bike trails back there. >> An accessory is like it's like a garage area. >> Yes, ma'am. It's a two bay um garage. And you're using that for >> My husband just stores his boats and

40
00:17:04.720 --> 00:17:21.360
lawnmowers and all of his things out of sight. >> Okay, I'll open the floor. >> All right, I'll open the floor for discussions. Mr. Hoffman. >> Yeah, good morning or well afternoon. A little slow today.

41
00:17:21.360 --> 00:17:38.480
I read in here something about a rear um a variance for the setback in the rear. >> Correct. So if we were to do an agricultural reszone, then the rear setback would not be far enough. So it's

42
00:17:38.480 --> 00:17:54.720
I guess it's the the the difference in all the different zonings. I don't really have any desire to reszone my actual property. I just want to clear the code. And after discussing it with Miss Jackson, this was the best avenue to take was to do the variance and that

43
00:17:54.720 --> 00:18:11.280
cleared the square footage issue with the RRM zoning that it's already currently at. >> Can can you give me some numbers as far as what the setback requirement is versus what the actual at this point is? I believe it's well currently if we go

44
00:18:11.280 --> 00:18:27.919
with the variance and keep it at the RRM the setback is fine but with agricultural it requires a 50 foot setback which we do not have. >> Are you >> it's a 25 foot setback with the RRM and it's currently 20

45
00:18:27.919 --> 00:18:44.000
20 ft. There's a 20 foot setback so there's an additional 5T in the current zoning that it's in now. So you're in violation by five feet or you have a buffer of >> in violation in my current zoning for the square footage of that building. So

46
00:18:44.000 --> 00:19:00.720
the requirement is that you can't have an accessory building that's more than 50% of your actual residential home. And so this shop is larger than 50% of my home. My home is like 2400 square foot and this shop I think is

47
00:19:00.720 --> 00:19:16.720
15 or 12. So, it's just a little bit over that 50% mark. >> So, you're asking us to approve a larger accessory building within your existing zoning. >> Mhm. >> Rather than >> Yes. >> reszoning and having the setback

48
00:19:16.720 --> 00:19:32.880
problem. >> Correct. Because then I would have to reszone and then do the variance, which doesn't make a lot of sense. So, >> Okay. So, you're asking us basically for an additional square footage on the accessory structure. >> Yes, sir. >> Okay. Thank you. >> Yeah. Bill, the setback is 15 ft off the

49
00:19:32.880 --> 00:19:49.600
rear property line for accessory structures. You're asking for 164 square feet over what the 50% and this is for the uh legitimize 1,350 ft accessory building >> is what it is. >> Right.

50
00:19:49.600 --> 00:20:05.679
>> So with the existing zoning, she still has a setback problem. >> No. Okay. No, the zoning requires only a 15t setback, >> so it doesn't need that. >> Okay, thank you.

51
00:20:05.679 --> 00:20:22.480
>> Well, and you also you made a comment that this is uh wetlands that are around you, >> I believe. So, yes, ma'am. They everything is wooded. There's nothing back there. >> So, we're not expecting to have a big developer come in and build a bunch of houses. And >> that's why I moved there.

52
00:20:22.480 --> 00:20:40.480
>> Okay. Okay. it it looks pretty uh overgrown. So, uh and if it is partially or partially wetland, then it's going to be preserved that way and there's not going to be anybody in there. Okay. >> Okay. Miss Clemens.

53
00:20:40.480 --> 00:20:57.559
>> Okay. >> Okay. Just step aside. Let me check with the audience, please. Yes, ma'am. >> Is anyone in audience for or against this variance? Would you like to come up now? Seeing none, you can come back.

54
00:20:59.840 --> 00:21:14.799
We'd like to do a motion to approve or disapprove. >> Mr. Hoffman, >> I'll make a motion that we approve the variance as um for the increased uh

55
00:21:14.799 --> 00:21:33.039
structure uh square footage as depicted on the survey date. 26 >> 26 2026 >> I think it's actually 256 survey. Yeah. >> Okay. Okay. Thanks.

56
00:21:33.039 --> 00:21:50.400
>> Just a typo. >> Oh, okay. >> Do we have a second? >> I second. >> We have a motion to approve by Mr. Hoffman and a second by Miss Clemings. Board discussion.

57
00:21:50.400 --> 00:22:06.480
Any discussion? >> Not on this one. >> Okay. Miss Clemens. >> Dr. Bass. >> No, I'm I'm fine. >> Okay. I'm going to do the reading of the six hardships. That special conditions and circumstances exist which are not

58
00:22:06.480 --> 00:22:21.600
applicable to other land, structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is

59
00:22:21.600 --> 00:22:38.400
denied by the provisions of this chapter to other lands, buildings or structures in the identical zoning classification. And that literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of

60
00:22:38.400 --> 00:22:54.000
this chapter and will constitute unnecessary and undue hardship on the applicant. And that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. And that the granting of variance will be in harmony with the

61
00:22:54.000 --> 00:23:08.880
general intent and purpose of this chapter and that such variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Mr. Hoffman. We have a second by Miss Clemens. We would take a call for a vote

62
00:23:08.880 --> 00:23:26.080
right now. Mr. Hoffman, >> I vote yes. >> Dr. Bass. >> Yes. >> Miss Clemings, >> yes. >> I vote yes. Your variance have passed. Thank you. >> Thank you. Thank you all so much. >> You're welcome. >> May we have our next variance, please, Mr. Bodie.

63
00:23:26.080 --> 00:23:43.679
>> Yes. Item H3, Salvador Nanino Jr. Request variance chapter 62 article 6 Boulevard County Code for the lot debt and an IU zoning classification application 26V 00012

64
00:23:43.679 --> 00:24:04.320
located tax account number 25120 75 in district 4. >> Okay. Will the applicant come to the podium please? >> Good afternoon. >> Good afternoon. Can you state your name and address in the for us for the record, please? In the microphone.

65
00:24:04.320 --> 00:24:21.600
>> S Manino, 300 Paint Street, Rockidge, Florida, >> 32955. >> Okay. Do you swear to tell the truth, the whole truth? >> Yes, I do. >> Thank you. How can we help you this afternoon? >> I'm applying for a varian applying for a variance on the 300 Paint Street and

66
00:24:21.600 --> 00:24:36.159
there's two buildings on that property and there's two electrical, two uh sewer, uh two water supplies. It's two addresses, but it's all on one lot. And the setback is supposed to be 200 ft

67
00:24:36.159 --> 00:24:52.400
deep, and I'm a 176. Um, so there's a few feet short of the depth, but I want to split the property in half. I I have a gentleman in the back back there want to buy that other building. So, we'll we'll have two buildings with two different companies.

68
00:24:52.400 --> 00:25:06.960
>> I'm sorry. You said you have a gentleman in the back that wants to buy the building. Is that what you're saying? Okay. Yes. >> All right. Okay. So, you're coming to us today to ask us for what? >> For variance. >> For variance. Okay. I see this is in district 4. Dr. Bass, would you like to

69
00:25:06.960 --> 00:25:23.919
start with the questioning, please? >> Well, I know where the pro I know where the property is. Uh >> at the end of Holiday Springs Road is where the big rock pile is, right? >> Yes. >> Well, it's on uh it's right there on Paint Street on the corner.

70
00:25:23.919 --> 00:25:39.760
>> Okay. So, and this >> Holiday Springs a dirt road right next to my property. >> Okay. >> I think there's a dirt road right there. >> Yes. Okay. It's It's pretty much an industrial area, right? Yes. >> Okay. And then

71
00:25:39.760 --> 00:25:57.600
>> the lot behind me is a like a auto scrap yard. >> Yeah. And and I think in front of you is some another business that's >> Yeah. It's a storage mostly storage all around there now. So you're divide you're dividing your property then so

72
00:25:57.600 --> 00:26:14.240
that another person can build a house. >> No, no, he's going to there's two metal buildings and he's going to have an office and and and a workshop. >> Okay. >> And I have an office and workshop on my side. >> Okay, that that makes sense. And for that particular area, I come out that

73
00:26:14.240 --> 00:26:30.240
way often. I live in Sunree, so I'm Yeah, >> I see it all the time at the stoplight. So, uh, that certainly isn't going to, um, disturb anybody in the area. Obviously, it's all businesses anyway and even

74
00:26:30.240 --> 00:26:47.840
across the street. So, I don't have any further questions. I just wanted clarification. >> Okay, Mr. Hoffman. >> I'm looking ahead. You have two applications in here today, correct? One for one lot and one for the other.

75
00:26:47.840 --> 00:27:05.039
>> Yes, sir. Are they currently one lot or are they So you're subdividing it, correct? >> And you need the variance for >> to split it in half. I have I have the survey done with the split. >> Mhm. >> Um just need a variance approval. >> Okay. If Well, wait, you can ask.

76
00:27:05.039 --> 00:27:23.360
>> Yeah. If um if we didn't approve this variance, you're you're pretty much stuck because the building behind you is closer than the 200 ft from the front property line. >> The building behind us is a empty uh

77
00:27:23.360 --> 00:27:39.200
scrapyard, >> but it belongs to someone else, >> right? It it belongs to someone else. I can't buy that. They they wanted like $7.5 million for that. >> Well, no. Um we So basically we're legitimizing an existing condition.

78
00:27:39.200 --> 00:27:55.520
>> Yes, sir. >> Okay. >> It's not really an existing condition. It's a proposed condition of splitting the properties right now property into two parcels. >> Would if it remained as one parcel, would it still not meet the debt? >> No, it meets the size requirement right

79
00:27:55.520 --> 00:28:10.080
now. What it is is that it's on a corner lot. So whenever you're using Corbin Street as the front, it has enough lot depth. Whenever he's subdividing it though, it's going to u need extra depth because it needs 200 ft. So he's lacking

80
00:28:10.080 --> 00:28:26.399
it by 23 and 1/2 ft on each of these parcels. It's he's reconfiguring it to be two lots, two parcels. >> Right now it's >> I see. So you're using Corbin Street as the front street rather than

81
00:28:26.399 --> 00:28:43.520
>> Right now that's the way it is. Street. Yeah. Okay. >> It meets the zoning. >> All right. >> IU requirements, size requirements using Corbin as the front. >> Very good. That that's all I need. Thank you. >> All right. >> Miss Clemens. >> The sole purpose is to just uh sell the

82
00:28:43.520 --> 00:29:01.520
second parcel, correct? >> Yes, ma'am. >> Okay. >> I have no other questions. >> Okay. I have none either. So, I'm stepped aside. Let me just see if there's anyone here. Excuse me. >> I'm just going to check with the audience right now. Is there anyone here

83
00:29:01.520 --> 00:29:27.600
that would like to speak for this or against this variance? You can come forward now. I see someone coming. >> Can you state your name and address for the record, please? >> Yes. Hello. I um my name is James Faria

84
00:29:27.600 --> 00:29:46.080
and my address is 2632 Adestus Drive uh Melbourne. Uh I am in four of this. I'm the potential buyer. Um and uh I I work for Blue Origin and >> speak a little loud in um mic please. I

85
00:29:46.080 --> 00:30:02.960
work for Blue Origin and I I also uh have cars and I >> as you know the homeowners associations around here don't want you working on cars. So uh that's what this building would be for me and um my family and I. And then

86
00:30:02.960 --> 00:30:21.679
I also plan on having um disabled vets come over and and work on their cars too from time to time. I would appreciate the uh acceptance of this. Okay, thank you. >> Okay, you can step back over now. I have

87
00:30:21.679 --> 00:30:38.480
any board questions? >> Mr. Hoffman, Miss Dr. Bass, Miss Clemens. >> Questions? >> No questions. Okay, Dr. Bass. >> I make a motion to approve the variances depicted in the survey with the revision

88
00:30:38.480 --> 00:30:57.200
date 21926. I see 128 2026. >> Yeah, I did too. >> Did I get the wrong date? >> I see 128. Is there a different date? I see 12826 as well. >> Okay. >> Um

89
00:30:57.200 --> 00:31:13.360
>> 128 >> 26. >> 26. >> Yes. Thank you, Miss Clemens, as well. >> Thank you. >> You're welcome. Do we have a second? >> I second. >> Okay. We have a motion to pass this variance by Dr. Bass, a second by Miss Clemings.

90
00:31:13.360 --> 00:31:28.320
I'll do the reading of the six hardships. That special conditions and circumstances exist which are not applicable to other lands, structures, or buildings of the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the

91
00:31:28.320 --> 00:31:44.720
applicant. that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant

92
00:31:44.720 --> 00:32:00.720
of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that would make possible the reasonable use of the land,

93
00:32:00.720 --> 00:32:16.080
building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion by Dr.

94
00:32:16.080 --> 00:32:30.799
Bass, a second. Now we'll do an individualized vote. Mr. Hoffman, >> I vote to approve. >> Dr. Bass, >> approve. I >> and I approve. Your variance have passed. Thank you. >> Thank you so much. >> Don't leave.

95
00:32:30.799 --> 00:32:49.200
>> Oh, stay right there. You're next again. >> Mr. Bod. >> Yes. Item >> H4 Sal Mano Jr. Request variance chapter 62 article 6 Boulevard County Code for the lot debt and an IU zoning classification

96
00:32:49.200 --> 00:33:05.600
application 26V 00013 located tax count number 2512 075 in district 4. >> And just for clarification for the record, we just sworn him in, but shall we swore swear him in again?

97
00:33:05.600 --> 00:33:21.120
>> It's not necessary. >> Okay. All right. Well, Mr. Salvador, what would you like to say about this variance that you're coming up to us again for? >> I appreciate. Thank you. Thanks for the other one. >> You're welcome. >> So, now it's the same thing as the other

98
00:33:21.120 --> 00:33:36.640
one. >> Okay. All right. District 4, Dr. Bass. >> Yes, we can see that you have split this property. You You have a person that is in favor of it as well as yourself. Uh there are no further questions from me

99
00:33:36.640 --> 00:33:51.120
on this. >> All right. Thank you, >> Mr. Hoffman. >> No questions. >> Miss Clemens, >> no questions. >> And I see there's no questions. Is there anyone in the audience? We already know we have one four. Anybody against?

100
00:33:51.120 --> 00:34:05.519
Seeing none. We will then do board questions. Any board questions? >> No. >> Okay. Anybody like to make a motion? I make a motion to approve the variance as depicted on the survey with the revision

101
00:34:05.519 --> 00:34:22.480
date January 28th, 26. We have a motion to approve by Dr. Bass. Do we have a second? >> I second. We have a second by Miss Clemens. I'll read the six hardship questions. That special conditions and circumstances exist which are not

102
00:34:22.480 --> 00:34:38.159
applicable to other land structures or buildings in the applicable zoning classification. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other

103
00:34:38.159 --> 00:34:53.040
lands, buildings or structures in identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter and will constitute

104
00:34:53.040 --> 00:35:09.280
unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that would make possible the reasonable use of the land, building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter and that such use variance would

105
00:35:09.280 --> 00:35:23.839
not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion by Dr. Bass to approve, a second by Mr. Clemens. We will now do a final vote.

106
00:35:23.839 --> 00:35:40.800
>> I vote I vote to approve. Approve. >> Approve. Approve. Your varian have approved. Thank you. >> Thank you. >> Thank you, >> Mr. Bod. Next case, please. >> Yes. Item H5, Vincent D and Mary E. Pinto, request

107
00:35:40.800 --> 00:35:58.160
three variances of chapter 62, article 6, Bard County Code for a boat dock in an RU-1-11. Zoning classification application 26V 000014 located at tax count 266

108
00:35:58.160 --> 00:36:18.320
70 in district 4 >> is the applicant here. >> Good afternoon. >> Good afternoon. Can I can you state your first name, last name, and your address, please for the record? Uh Vincent Pinto, 427 San Piper Drive, Satellite Beach,

109
00:36:18.320 --> 00:36:34.560
32937. >> You swear to tell the truth, the whole truth, and nothing but the truth. >> Absolutely. >> Thank you. How can we help you this afternoon? >> Well, I don't know if you've got this letter or not. Um but I'll read it or state it. Um, back in ' 62 I put in a

110
00:36:34.560 --> 00:36:52.480
not ' 62, late '60s, about ' 69, I put I called Bvard County to ask for a permit for building a dock, and they said I didn't need a permit at the time. And but they said I had to be at least 20% of

111
00:36:52.480 --> 00:37:09.119
the canal, which is canal is 100 foot. Most I can go out is 20 feet, >> which I'm about 19 feet out. Um, so anyway, I built the dock and I got proof it was done at least in 72 and I still

112
00:37:09.119 --> 00:37:24.079
didn't need to need a permit because in 72 I extended um I made it wider, a little bit wider. But um my purpose is now I I had a problem with the dock. Um the storm we had over the summer raised

113
00:37:24.079 --> 00:37:41.520
the water and my center stringer fell causing my dock to go in like this. the main the main dock the deck and um I've been trying to get a permit since October and I've been I've been unsuccessful. So I finally was sent I

114
00:37:41.520 --> 00:37:59.040
don't know if it was Mr. Bod or someone sent me a variance to fill out and I filled them out and I went to see Mr. Bod and he helped me with it. And u uh I don't know if you have this or not, but one of the main reasons is if they took

115
00:37:59.040 --> 00:38:17.200
the piling out or pylon um from the seaw wall because they put the seaw wall in after I had my um u dock >> dock in place. >> I had replaced the seaw wall before that. And this the the pylon is in

116
00:38:17.200 --> 00:38:34.400
between um the seaw walls. And if you took that piling out, there would be leave a big gap in the in the seaw wall itself. And dirt would pour out there and dirt naturally

117
00:38:34.400 --> 00:38:50.960
has fertilizer and weed killer and all kind of contaminants and it would pollute the canal. also would hinder me and my neighbor because we would have to continue filling the up with dirt. And uh that's the main hardship is that

118
00:38:50.960 --> 00:39:11.920
um it would be better if I did this. >> Okay. Uh I got the last paragraph. I'll read it. All that is needed is to repair the existing dock. the this variance would not in not be injurous. >> I'm sorry. Just move the microphone

119
00:39:11.920 --> 00:39:26.320
right by your lips. >> Oh, I'm sorry. >> That's okay. Move it. >> It's better, ain't it? Um, it would be um it would not be injurous to the area involved or detrimental

120
00:39:26.320 --> 00:39:44.040
to the public welfare, but improve it. And I have a copy from each neighbor. They signed it saying that it wouldn't bother them. Would you like to see it? >> Yes.

121
00:39:44.800 --> 00:40:01.839
>> We'll have to >> We We will keep them. >> We will not return them to you. Okay. >> Thank you. >> And also, I got pictures. >> Yeah. Make sure that we get the copies of that after you all review them. That's >> uh I got pictures of the

122
00:40:01.839 --> 00:40:20.240
of the pylon where it's resting up against the seaw wall. Actually, it's even holding it in place beside. If you like to see those I mean it, you know, it's you know it is blocking the dirt from going out of the

123
00:40:20.240 --> 00:40:36.160
canal. I mean out of my land. >> Okay. Just understanding that if you we receive them that we would keep them and turn them in. Is that okay with you? >> I don't care. I've got >> Well, that's fine with us. Thank you. >> And I tried to write on there to explain it because it's so hard to see and understand. >> I do.

124
00:40:36.160 --> 00:40:55.680
>> You can pass it right there. >> Thank you. >> And I do have pictures if you want to see them. Um where my doc was at least in 72 because it shows my children on there. my child.

125
00:40:55.680 --> 00:41:11.359
Yeah. My children. And it shows you the whole length of the seaw wall that it goes from property line. Well, not about seven inches from the property line on each side. And it shows my two children which were five and five and six years old at the time. And now the one's 59

126
00:41:11.359 --> 00:41:27.520
and one's 58. So it shows you that the dock's been in place for over 50 years. >> Would you like to see those pictures? I think you have. >> I think we have them in our package. Yes. Thank you. Well, you don't have two of them. >> Oh, we >> would you want to see those? No. >> No. No. It's okay. I think we'll Do you

127
00:41:27.520 --> 00:41:44.319
guys want to see them? >> No, we're good. Thank you, sir. Thank you. >> We definitely have those. >> Do you need anything else? >> No, I think you presented. Yeah, we have. >> Thank you. >> That's all I've got. >> Okay. Well, that was good. So, now I'm

128
00:41:44.319 --> 00:42:02.800
going to just ask you to step to the side. I'm going to ask the audience, anyone here for against this variance? Can you come now to the podium? Seeing none, you can come back, sir. >> Any board questions regarding this variance, Mr. Hoffman?

129
00:42:02.800 --> 00:42:18.800
>> Yes. >> Okay. >> Go ahead. >> Uh, so you're repairing, you're making a repair. >> Yes, ma'am. >> Of what you already have? Yes, ma'am. >> You're not rebuilding the dock. >> No, ma'am. >> All right. You're not extending it out. >> No, ma'am. >> All right. On either way, either side or

130
00:42:18.800 --> 00:42:35.359
out into the water. So, you're not going to disturb the water. >> The one the one >> big part that that collects the rest of the >> do you're trying to repair it, but you can't repair it because >> I already gave him a down payment to do it and he couldn't get the permit. >> All right. >> So, yes, that's all I want to do is

131
00:42:35.359 --> 00:42:50.640
repair the dock. >> Okay. >> Or have him repair it. >> I don't have any other questions, >> Mr. Hoffman. uh only I commend you on answering my question before I asked it and that is how do your neighbors feel about this

132
00:42:50.640 --> 00:43:07.040
and you've prevented written evidence that says they're fine with it >> especially the side side setbacks it always becomes a problem when people try and maneuver boats >> oh >> so no >> I'm just a little nervous I'm not >> No you're good you're good

133
00:43:07.040 --> 00:43:24.560
appreciate you uh thinking ahead on that thank you >> well Mr. Bod suggested it. >> Okay, Miss Clemens, >> no questions. >> No questions. And Miss Dr. Bass summed it up. You're just repairing it. You're not rebuilding it. You're not trying to

134
00:43:24.560 --> 00:43:42.599
do any other changes over 50 years. >> So, um, I have no other questions either. Would you like to make a motion, Dr. Bass? >> Yes. I make a motion to approve the variance as depicted in the survey with the revision date of 111425.

135
00:43:43.119 --> 00:43:59.680
>> Um, and I just want to make one correction. It's three variants. So, we want to say variance. Right. >> I'm never can this right. Three variances. >> Repairing. Yes. >> Okay. >> We want to get you approved. >> Thank you. >> Three. >> Okay. Do we have a second?

136
00:43:59.680 --> 00:44:15.520
>> I second. >> Okay. We have a motion to approve all three variants by Dr. Bass. We have a second by Miss Clemings. And I will read the six hardship questions. That special conditions and

137
00:44:15.520 --> 00:44:31.520
circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege. that is

138
00:44:31.520 --> 00:44:46.880
denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning

139
00:44:46.880 --> 00:45:03.200
classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure and that the granting of variance will be in harmony

140
00:45:03.200 --> 00:45:18.000
with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion on the floor by Dr. Bass to approve, a second

141
00:45:18.000 --> 00:45:35.119
by Miss Clemings. We will now have a call for a vote. Mr. Hoffman, >> I vote to approve. >> Dr. Bass, >> approve. >> Miss Clemens, >> approve. >> Sonia Mall, approve. Your variants have approved. Thank you. >> Thank you. >> You're welcome.

142
00:45:35.119 --> 00:45:52.560
>> Thank you all. >> Mr. Bod, may we have our next one, please? >> Yes. Item H6, Cynthia L. Robuk and Steven Rearen. Request fairance to chapter 62 article 6 Boulevard County Code for a screen porch in an RU-1-11

143
00:45:52.560 --> 00:46:11.839
zoning classification applications 26B000015 located at tax count number 260581 in district 4. >> Okay. Is the applicant here? Come on down to the podium, please. Can you state your name and address for

144
00:46:11.839 --> 00:46:28.319
the record, please? You can address the mic for yourself. Yeah. >> Cynthia Robuck, 305 Ivvis Lane, Satellite Beach. >> Okay. Do you swear to tell the truth, the whole truth, or nothing but the truth? >> I do. >> How can we help you this afternoon? >> I'm trying to rebuild

145
00:46:28.319 --> 00:46:46.000
a structure that's been there since 1982. >> It's got a hard roof over the patio and hurricane shutters to come down because we sit at the end of a canal and we've had water spouts come down the end of the canal. >> Mhm. So, in August of 2024, we had a

146
00:46:46.000 --> 00:47:03.760
very hard rain. No hurricane or nothing, but we had like five and a half inches of rain in 15 minutes, and it collapsed the structure, the roof structure. >> So, I'm trying to repair this. Um, in 2020, in 2004, it was damaged and it was

147
00:47:03.760 --> 00:47:19.359
rebuilt in 2005, and they weren't issuing permits because of the hurricanes of 2004. >> Mhm. So now I'm trying to I I'm in permitting now and it was turned down because I'm too close to the next door neighbor's

148
00:47:19.359 --> 00:47:38.480
>> 8 foot concrete wall. >> Okay. >> I see this is in district >> district four >> four to >> we like district four >> neighbors with the guy that was just here. Oh,

149
00:47:38.480 --> 00:47:55.760
>> so you are not extending anything that this structure at all. You're just trying to have it rebuilt. That's what I saw. So >> the only thing I could look at was you do have a neighbor very close to the south and I was wondering and we just wanted to confirm that you're not going

150
00:47:55.760 --> 00:48:13.280
to be extending out further into his or closer to his property. It was right really right on the property line. So you just want to repair what you already have. Correct. >> Yes. And it was approved in 1980 or you know whenever. >> And I believe in 1982 you didn't need a

151
00:48:13.280 --> 00:48:28.319
permit for that. >> No. >> But then in 2025 or 2005 they weren't giving permits. So >> yes. >> Now we're having to up the code. >> Yes. >> I don't have any other questions. This

152
00:48:28.319 --> 00:48:44.720
is a common issue. >> Okay. Mr. Hoffman. Uh yeah. So you mentioned a concrete wall and I'm just asking I can't tell from the pictures or aerials or anything.

153
00:48:44.720 --> 00:49:01.520
It's 7 and 1/2 ft from their property line, but what is on their property line at that point? Is it grass? You mentioned a wall. >> To be honest with you, when my family moved in there in 1967, the guy next door on the south side was a colonel and

154
00:49:01.520 --> 00:49:16.960
we were not. So he put this wall up to distinguish the fact that he didn't want four children and a dog in his yard. >> So he's got a house and he's got a pool and grass and >> a dock.

155
00:49:16.960 --> 00:49:35.359
>> So along that property line is is this 8ft concrete wall. >> Oh, it goes from the dock all the way up to almost the front of the h almost the front of the property. So by decreasing the setback, all you're doing is getting closer to a barrier wall that it has no

156
00:49:35.359 --> 00:49:54.000
uh no visual. >> It has no visual at all. He can't see our structure from his property. >> Okay, that that's fine. Thank you. >> Miss Clebins, >> no questions. Okay, Dr. Bass

157
00:49:54.000 --> 00:50:11.119
motion >> audience. >> Anything from the audience? >> Oh, I'm sorry. Is there anyone in the audience that would speak to this or against this? Seeing none, come back. Thank you. I make a motion to approve

158
00:50:11.119 --> 00:50:30.520
this variance as depicted on the survey with revision date of 5128. Second. >> I'll second. >> We have a motion to approve by Dr. Bass. We have a second by Mr. Hoffman.

159
00:50:32.000 --> 00:50:47.599
>> Board discussion. >> Any? >> No. Mm-m. >> Okay, I'll read the six hardships. >> That special conditions and circumstances exist which are not applicable to other land structures or builders in the applicable zoning classification. That the special

160
00:50:47.599 --> 00:51:04.000
conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. and that literal enforcement of the

161
00:51:04.000 --> 00:51:19.520
provisions of this chapter will 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 and that the variance granted is the minimum variance

162
00:51:19.520 --> 00:51:35.440
that will make possible the reasonable use of the land building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurous to the area involved called otherwise detrimental to the public

163
00:51:35.440 --> 00:51:52.480
welfare. We have a motion to approve by Dr. Bass, a second by Mr. Hoffman. >> I vote to approve. >> Dr. Bass, >> approve. Miss Clemens,

164
00:51:52.480 --> 00:52:08.720
>> approve. >> And I approve. >> Thank you. >> Your variance have approved. Thank you, >> Mr. Bod. Do we have our next applicant, please? >> Yes. Item 87, Brian Nicholson request four varants of chapter 62, article 6,

165
00:52:08.720 --> 00:52:23.359
Bavar County Code for the fence height and accessory structure in an RU-1-11 zoning classification. Application 26B 00016 located tax account number 241 7950 in

166
00:52:23.359 --> 00:52:49.000
district 2. You can come down to the podium, please. >> Are you Brian Nicholson? >> Yes, ma'am. >> Oh, good. Can you state your name and address for the record, please? >> Uh, yes, ma'am. My name is Brian Nicholson. Uh, may I get an address card, please? >> Yes. >> Thank you. >> Oh, he needs an address card, he said.

167
00:52:49.520 --> 00:53:06.400
>> Afterwards, you can >> Oh, we can we do it now or supply afterwards. >> What was that? >> He said he would like a dress card. address card for >> he doesn't want to see he didn't want to verbally say his address he said >> oh okay >> okay

168
00:53:06.400 --> 00:53:21.440
so we just continue and and he'll do that later >> okay okay do you swear to tell the truth the whole truth or nothing but the truth >> yes ma'am I do >> okay how can we help you this afternoon >> okay can you hear me okay >> I can all right um so well first of all thank you members of the board for

169
00:53:21.440 --> 00:53:38.160
hearing my my variance request today um so I there's four variances that I'm actually requesting I'll start with the the one that kind of led to the rest of them, which is a fence height variance. So, little background history. I moved into my current home on Merit Island and um it was it was it was 2021 is when I

170
00:53:38.160 --> 00:53:54.160
purchased it. I moved in in early 2022. One of the first adjustments that or repairs that I made to the home was to the fence. So, there was a existing fence. I believe it had been in place for at least decades. Um probably 10 to 20 years. Um one side of it was rotted, the other side was just in. So, I wanted

171
00:53:54.160 --> 00:54:09.280
everything to match and to to go fluid with the property. So, I did have someone um come out and give me an estimate to repair the fence and make adjustments to it. Um with that said, when that's the first time that I noticed that um from my pool patio and even inside my home, I have a big bay

172
00:54:09.280 --> 00:54:25.280
window that looks over the pool. I could see in my neighbor's home. So, over an existing 6ft fence, we could see each other. So, um at night, especially if their lights were on, I could see into their house. The neighbor to my left was the same way. I could see into their home and they have a big bay window just

173
00:54:25.280 --> 00:54:40.240
like mine. So, we were able to like actually make eye contact up above the fence. So, when I I showed this to the contractor that I that I had repair the fence and he said not to worry that once he was finished, he'll take care of everything. >> So, um ask at the time, do we need a a

174
00:54:40.240 --> 00:54:55.599
permit? I'm not from here originally. I'm from South Carolina rural area. We don't really you just build anything. But, um he he told me at the time that we did not need a permit because it was an existing structure that he was going to be doing work to. So that that's what I went in good faith to to what he had

175
00:54:55.599 --> 00:55:11.520
told me at the time. Um but come to find out and as I did research on this recently, my house actually does sit in a hole um relative to the properties around it. So we're about 7 to 12 in lower in the in the house itself, which kind of so so adjacent houses can look

176
00:55:11.520 --> 00:55:27.359
down and I can look up into their homes. >> So um that that's the reason for the fence variance that I'm requesting. Again, it's an existing structure. It is part of a code enforcement pilot or violation. Um, and the the code enforcement officer informed me that although the fence had been in place for

177
00:55:27.359 --> 00:55:42.480
up to 20 years, no one had ever pulled a permit on it. So, it's never had a permit. So, I'm trying to actually get the first permit for for a fence. It's been there for quite some time. So, that's the first variance. The other two arose out of the same code enforcement, which was a survey to my property. I

178
00:55:42.480 --> 00:55:58.880
have two two structures on the property. One is an an out building and the out building is apparently too close to to the fence line. The 7 and 1/2 ft um is is supposed to be what the the what is it called? the the uh

179
00:55:58.880 --> 00:56:15.119
>> setback >> setback right so the setback of 7 and 1/2 ft I believe on one side it's less than 6 in on the back corner it's a couple of feet and that's that's the variance that I'm requesting for the for that building structure and that one was also set in the footprint of another

180
00:56:15.119 --> 00:56:31.440
building that was there so if you were to look on the county website there's a the appraisers sketch kind of shows a building there well I was able to confirm that because there was there were actually brick footers in the ground in the same place that I that I erected this building. So, it it's in the it's in the same footprint that it's

181
00:56:31.440 --> 00:56:48.079
been for years and years. Um, and I'd request a variance for for that building. It's not in the line of anyone's sight. It's not encroaching on on on property to any meaningful extent. And the way that my lot is situated, it's a very small lot. The whole lot is less than a quarter of an acre. So,

182
00:56:48.079 --> 00:57:04.880
that's around 10,000 square ft. The back lot is around is around 4,000 square ft. If you were to remove the pool enclosure from the area, it it it leaves even less. So if you removed, the reason I say all that is if you removed the setback of 7 and 1/2 ft around the

183
00:57:04.880 --> 00:57:20.720
property, I only really effectively have about 50 to 60% of the property left to work with. So it's it just being a small space, the setback is really is really limiting. Um so that's that's with the shed on the right side. On the left side, there is a pergola as well. and

184
00:57:20.720 --> 00:57:37.520
and that side is even more strict because the lot shape if you were the lot gets closer to my home as it moves towards the street. So it narrows as it goes forward. So the the relative to the setback it it represents 7 and 1/2 ft of

185
00:57:37.520 --> 00:57:55.040
19 ft which is the distance I have between my screenhouse and the fence. So um again relatively a large percentage of the usable area for a structure or purpose of a structure would be would be taken up by the offset or I'm sorry by the um setback. So we're requesting a um

186
00:57:55.040 --> 00:58:11.280
a setback adjustment there as well. I think that one is approximately 2 feet um as well. And so so it's two edges of the building, the fence height and the the pergola on on one side.

187
00:58:11.280 --> 00:58:26.640
>> Okay. Thank you. I see this is in district 2, Miss Clemens. >> It is. >> Uh so the only structure that was added by you was the pergola. >> I added the pergola. I did add the outuilding as well, but it it albe it in the same footprint.

188
00:58:26.640 --> 00:58:45.520
>> Okay. And then are you required to have flood insurance with that? >> Not that I'm aware of. I don't have it. So >> I think that's all the questions I have right now. >> And my only question would be and the

189
00:58:45.520 --> 00:59:02.880
reason why you need this extra um fence height is because of the privacy and safety. Correct. >> Yes, ma'am. And I'm sorry I did neglect to say that and it is in there. Thank you for for bringing that back up. it is. Um, first of all, I've had I've had disturbances behind me where people have actually shouted and I don't know I

190
00:59:02.880 --> 00:59:18.880
don't know who exactly. I can't see them, thank goodness. But they've also um I' I've had some some some struck my fence and things of that nature. So, it is for safety as well as privacy that because of the way we're situated in on the lot.

191
00:59:18.880 --> 00:59:35.040
>> Okay. Dr. Bass. So the fence is So the fence is going in the same location. It's just going to be taller. >> Yes, ma'am. The fences already exist. I'm trying to pull a permit for it.

192
00:59:35.040 --> 00:59:50.400
>> Yes. Okay. So, you have a couple of items here that didn't weren't permitted originally and that's the issue is that you're trying to make an adjustment in your fence height and they can't do it because you don't it's not zoned

193
00:59:50.400 --> 01:00:06.559
properly. Correct. I have to have in order to settle the the f to get a to get a permit for my fence, I have to have the height variance to they will give me a permit with that. >> Okay. I don't have any other questions. >> Mr. Hoffman. >> Yeah.

194
01:00:06.559 --> 01:00:23.200
>> You mentioned that your property is a bit lower. >> Yes, sir. >> Than your neighbors. >> Um when it rains, where does the water go? >> Largely it runs to it runs to my to my side of the property. Um, on the right side, uh, I just had sod installed, so it may it may help a little because the

195
01:00:23.200 --> 01:00:39.599
sod was a little thicker. But, um, facing my home on the right side, it flows down my walkway. Their their house has a gutter. It comes down my walkway. From the back side or the the left side, it also chases into my yard and down my front driveway. Um, the fence actually

196
01:00:39.599 --> 01:00:55.119
kind of >> So, so when it rains, the water generally drains to the the street side of the property. It drains to the street side in the front after draining to my side from the sides >> to you. So the neighbors property is draining on to you.

197
01:00:55.119 --> 01:01:12.480
>> It does. It dra by the time it gets to the street. It does. >> Okay. The reason the one of the reasons that I asked that is I'm looking at the survey and I'm looking at your request for the setbacks and in general your setbacks are uh still

198
01:01:12.480 --> 01:01:29.599
allow at least a 5-ft distance between your property and and what the setback your your your proposed adjusted setback line would be. But they also have this uh 5-ft drainage and utility easement going around your

199
01:01:29.599 --> 01:01:45.760
property. So I'm okay because I don't see where any of your structures are impinging on that drainage and utility easement. >> Yes, sir. >> So you will have positive drain. You still should have positive drainage

200
01:01:45.760 --> 01:02:02.000
>> off of your property. >> Yes. based on where your buildings are and purportedly where the drainage easement is supposed to send it. Um, okay. Just wanted to make that point that uh these aren't excessive requests

201
01:02:02.000 --> 01:02:17.280
for adjustment to the setback. >> Yes, sir. >> I have a follow-up question. >> Where is the code enforcement from? Is it from a neighbor or is it just a random call because of the fencing? >> It's from a neighbor. from a neighbor

202
01:02:17.280 --> 01:02:37.599
>> the a neighbor behind me. Okay. Yes, ma'am. >> Okay. Let me just check to see if there's anyone here that would like to speak in favor to this variance or against it. Seeing none, come back. Do we have a motion?

203
01:02:37.599 --> 01:02:53.280
>> Want to do discussion? >> Discussion. Sorry. Board discussion. Right. Any discussion? Well, no. We can have we can have a a a motion before. >> Well, I have >> Well, wait. She wanted to have a discussion. >> Well, yeah, but after the motion, unless you're asking questions. >> No. >> Well, then it's after the motion,

204
01:02:53.280 --> 01:03:09.839
>> is it? >> What's the agenda say? >> Yeah, you can you can go and have a motion and then discuss it. >> What if the discussion is about the motion? >> Yes, that's it. >> The discussion will be about the motion.

205
01:03:09.839 --> 01:03:23.839
>> Okay. You can amend your motion if the discussion leads to something. >> I make a motion to approve variances 1 through three and deny variance 4 based on the survey as depicted with the

206
01:03:23.839 --> 01:03:49.839
revision date of 11:14 2025. >> So we have a motion on the floor by Miss Clemings to approve varants 1, 2, and three and to deny variance 4. Do we have a second? for the purposes of discussion. Yes, I'll second.

207
01:03:49.839 --> 01:04:05.760
>> Okay. >> Discussion. >> Yeah. >> I mean, I'm just, you know, we're trying to be a little bit more strict about the structures and the moving forward with items without permits to begin

208
01:04:05.760 --> 01:04:23.359
with. So I feel like that fourth variance falls in line with that right team. So >> are you asking someone? >> No, I'm stating I'm stating. So that's my my thought on that. I am fine with

209
01:04:23.359 --> 01:04:46.079
the variance for the fence. I understand the shed placement and the variances required for that. I think the pergola is an additional request. You guys can talk me out of it.

210
01:04:46.079 --> 01:05:02.319
>> So, I'm trying to understand why you're saying no. So, you're saying no because of the pergola? >> Because it's correct. The the variance request is for the pergola for 2 feet, >> correct? >> But it was constructed >> Mhm. >> without permit. >> Without the permit. Okay. >> So, that's the whole point of the board

211
01:05:02.319 --> 01:05:18.400
of adjustments. Was a permit required at that time? >> Is a permit required for a pergola? >> Uh, yes. >> I don't mean now. I mean when >> if it's on concrete, it's required. If it's over over a 100 square feet, it's required. >> May I say something, please? >> Sure.

212
01:05:18.400 --> 01:05:32.960
>> So, it's my understanding that a permit was not required. It's a 77 square footprint. So, I called the and asked them about it and they told me I did not require a permit for the permit. >> So, is it 77 square feet? It it is it's

213
01:05:32.960 --> 01:05:49.119
a it's a seven foot roughly um 7 foot by 11 footprint. I I don't think I don't I don't know if the survey shows it. >> So how did that pop on the variance if it's that small >> just because if it's in >> you still need to meet the setback

214
01:05:49.119 --> 01:06:04.480
requirements no matter whether he needed a permit or not. It's like I said, if it's a if it's a >> understand >> 100 square feet or less and not on concrete, he would not need a permit, but he'd still need to meet the zoning setbacks. >> Is it something that you can easily move

215
01:06:04.480 --> 01:06:20.079
outside of the setbacks? I >> I wouldn't say easily. It's um 1,200,500 lb maybe. >> Solid solid wood. >> Is it permanent? >> Well, I wouldn't it's not permanent. You could take it you could take it down and take it apart. In other words, it's not

216
01:06:20.079 --> 01:06:42.720
on a permanent foundation or, you know, >> so it's possible it could move in that two feet. It would just be easiest if you had the variance for the two feet. >> Yes, ma'am. It would be possible to do the two feet, but once again, um the the lot narrowing like it does, I have 19

217
01:06:42.720 --> 01:06:59.760
feet between my screenhouse and and the and the fence. So seven and a half feet is is I don't know the math on it, but literally it takes up a good portion of the space between the two. >> Okay, that's my discussion. Go for it,

218
01:06:59.760 --> 01:07:18.160
guys. Tell me what your thoughts are. >> Hoffman, >> is it an existing perlar or is it a proposed? >> Is it does it set over top of your pool? No. >> Is that what we're talking about? I I'm these aren't labeled on the survey, so I don't know which one is which.

219
01:07:18.160 --> 01:07:34.559
>> It's on the north on the south side. >> On the north south side. >> Well, >> it's the metal shed 8 by 12. >> The way the survey is situated, it's on north side. >> Turtle is on the north side. The shed is on the south. >> North side labeled CP. >> CP. Okay. >> Yes. Covered.

220
01:07:34.559 --> 01:07:50.760
>> And that and it's concrete or what? What's around it? Because it shows some sort of hatching. >> The the around it I mean on the ground. >> Yeah. is pavers. >> Pavers. >> Okay. >> Um

221
01:07:54.079 --> 01:08:09.839
I I I don't have a firm argument against what you're what you're proposing because it's not easily moved, but it it's able to be moved. I guess easily is is kind of a it's hard to Yeah.

222
01:08:09.839 --> 01:08:32.520
So, I'll I kind of go with your argument. >> That the best. >> No. >> Okay. >> I do not go with the argument. I'm in favor of it. >> Okay.

223
01:08:33.679 --> 01:08:50.400
Okay. So, we have a motion on the floor by Miss Clemens to approve the variance one through three to deny variance 4. We have a second. Is that still standing, Mr. Hoffman? >> Yeah. >> To

224
01:08:50.400 --> 01:09:08.880
>> Yes, I'll I'll retain the the second. >> Okay. So, we have a second by Mr. Hoffman to approve varants one, two, and three, and to deny variance four. We did the board discussion.

225
01:09:08.880 --> 01:09:28.560
Any more discussion? Board. >> Okay. We're going to do the reading of the six hardships. Hold on. Let's look at that. That special conditions and circumstances exist which are not applicable to other land, structures, or

226
01:09:28.560 --> 01:09:44.000
buildings in the applicable zoning classification. that the special conditions and circumstances do not result from the actions of the applicant. However, in this case, you're saying that that does for for variance number four. Correct? Okay. I want to be

227
01:09:44.000 --> 01:09:59.840
clear. >> Number three, that granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in identical zoning classification. and that literal enforcement of the provisions of this chapter would deprive

228
01:09:59.840 --> 01:10:15.120
the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter would constitute unnecessary and undue hardship on the applicant and that the variance granted as the minimum variance that would make possible the reasonable use of the land

229
01:10:15.120 --> 01:10:30.800
building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this chapter that such use variance would not be injurous to the area involved or otherwise deputy to the public welfare. We have a motion to approve your

230
01:10:30.800 --> 01:10:45.760
variance one through three to approve, one to deny. We're going to do an individualized vote for this so it could be clearly stated for the record. Mr. Hoffman. >> Yeah. I I vote to approve one, two,

231
01:10:45.760 --> 01:11:04.080
three, and deny number four. >> Dr. Bass, I do not approve. I want to approve all four. That's >> So in other words, she's voting no on the motion. >> Voting no. >> So I'm voting no on this motion.

232
01:11:04.080 --> 01:11:20.320
>> Okay. Miss Clemings, >> I stand with my one through three and deny four. >> Okay. And I vote for a motion to approve one through three and deny four. With that being said, this call for a vote.

233
01:11:20.320 --> 01:11:37.760
We just did. And that means the variance did pass for variance 1, 2, and three and not for variance four. Am I correct? >> Correct. >> Correct. >> That's it for the variance. >> All right. >> Thank you.

234
01:11:37.760 --> 01:12:16.960
>> Thank you guys. >> Next. >> I'm sorry. Oh, the card. Yes. While he's doing that, Mr. Bald, you like to call the next one? Is that okay? >> Yes. >> Okay. >> Item H8, Michael J. and Carolyn J. Omali

235
01:12:16.960 --> 01:12:33.040
request variance chapter 62 article 6 Boulevard County Code for an accessory structure in SR zoning classification applications 26V 000018 tax account number is 2413164

236
01:12:33.040 --> 01:12:48.480
district 2. >> Okay. Can you state your name and address for the record please? >> Michael Ali 1920 Crawford Avenue Merit Island Florida 32953. Please will swear to tell the truth, the whole truth, and nothing but the truth. >> I do. >> Thank you. How can we help you this

237
01:12:48.480 --> 01:13:05.040
afternoon? >> Okay. Um, this whole thing is basically because the new garage is a little too close to the pool enclosure and uh how this whole thing started. Uh, there was originally a pad there that I parked my little truck on for years. And uh, I

238
01:13:05.040 --> 01:13:20.320
just recently retired and I thought, well, this would be fun to make a little project out of building a onecar garage where that slab used to be. And I boy I didn't realize it was going to be what it turned out to be anyway. So it turned out the slab was a little

239
01:13:20.320 --> 01:13:37.600
bit too small and it it was not suitable. So I had to get a new slab put in that what's kind of started this thing. So um I went and got the permits and uh I had to do this plot plan thing and it uh I used an old survey that I

240
01:13:37.600 --> 01:13:52.880
had. They said that was good enough at the time, but I had to write in dimensions like um from where the slab was going to be to the property line and where it was going to be to the house. And um at the time, nobody said anything about a pool enclosure. I didn't think a

241
01:13:52.880 --> 01:14:09.199
pool enclosure even mattered. It wasn't as far as I was concerned. It was immaterial. All they need all they told me is it had to be far from the house. So, I put those dimensions on there and that it was approved and then I had the guy come and pour the concrete. He

242
01:14:09.199 --> 01:14:24.159
didn't say anything about it when he was putting the forms in about, hey, you know, by the way, this may be too close to the pool enclosure. He didn't say anything about it. So, I I thought, "Okay, cool. I'm good to go." So, I started building the garage and uh then I found out and I guess I should have

243
01:14:24.159 --> 01:14:38.719
known, but I I found out I needed a foundation survey. Um that there was another problem trying to find somebody that, you know, even wanted to survey that little pro, you know, problem there. Most people, they didn't want to bother with it. So, I

244
01:14:38.719 --> 01:14:55.280
finally got found a guy and it took like about 3 months for him to actually get the survey done. And since I thought, you know, this is just a formality and I'm no problem. might cap building the garage. So, I got the thing is pretty much all done. All it needs is the shingles and the and the siding.

245
01:14:55.280 --> 01:15:10.960
Everything else is done. So, I get the survey back and uh I I looked at it and I thought, "Okay, whatever." I submitted it and all of a sudden comes back and oh, well, you you know, you got to be 5t from the pool enclosure. It's like, "Oh, well, that's news to me." And u it turns

246
01:15:10.960 --> 01:15:27.920
out I think I'm like 3.9 ft away. So, it's like a 1.1 ft. Um I have a picture. I think I don't know if you got saw the picture in there. Little triangle is what it is where it impinges a little bit on where the pool enclosure is. And um

247
01:15:27.920 --> 01:15:44.880
so that's you know pretty much where where we are at this point. Um, you know, if you look at the property, uh, it is kind of a pies-shaped property, which made it, you know, at the time I didn't realize, you know, I barely got a 20 by 16 ft garage in there. And, uh, I

248
01:15:44.880 --> 01:16:01.600
thought I had plenty of room, but since the it kind of narrows as it as it goes back toward the back of the property, that's kind of where where I get into this problem. um you know to see it from the road it's you know I'm pretty the house is kind of far back from where the road is and you

249
01:16:01.600 --> 01:16:17.520
know you wouldn't even be able to tell I mean to look at it you can't tell that one foot from the because the road is like it's got to be 50 ft away at least from where I'm not sure exactly how far it's pretty far back and there's like a tree in the way so I mean it's not going to and make any difference really to the

250
01:16:17.520 --> 01:16:34.719
to the neighborhood in fact they probably would wish I'd get this thing built and finished cuz it's been sitting there this way for months trying to get the variance and uh you know it takes a while. I I didn't even know I had to get a variance for quite a while. So um Oh,

251
01:16:34.719 --> 01:16:49.760
I got it. I I guess I got it written here. It's 150 ft from the street. Wow. Okay. And since it's like the garage is I got the my uh uh neighbor on the one side, then the garage and then the pool enclosure. He can't even see that from

252
01:16:49.760 --> 01:17:06.320
his house. So, it's not going to affect anything that uh you know the neighbor might see. And the problem is right now I looked into trying to well maybe I'll just try to move the uh pool enclosure over a little bit. Then I come to find out well I would need a permit to do

253
01:17:06.320 --> 01:17:23.280
that. I would need engineering to do that. And uh you know and since you're trying to know come in and do like a little corner in the pool enclosure that might not even work. So, it would just be really really difficult to try to uh either modify that or or put a whole new

254
01:17:23.280 --> 01:17:38.960
pool enclosure. It would be really expensive. So, it's just I'm really kind of stuck right now for like 1.1 ft. And uh I don't know. I I feel like, you know, if I'd have known about this ahead of time, I could have uh maybe just made

255
01:17:38.960 --> 01:17:55.440
the garage a little smaller. But, you know, I didn't, you know, I didn't really know this uh requirement even existed. So, >> okay. >> Just chalk it up to not ever trying to do anything like this before. >> All right. Well, thank you so much. I see this is in district two, Miss Clemings. Wait,

256
01:17:55.440 --> 01:18:11.120
>> it is. >> Yes, ms. >> So, my question is, you didn't initiate any type of permitting in the start of this project, correct? >> No, I had it's all permitted. I got a permit. It was just they won't they

257
01:18:11.120 --> 01:18:28.000
won't do the final inspection until I get this variance. >> Yeah, but the concrete shouldn't have gone in without the full permit. Correct. >> It had a permit. >> No, he has the permit for everything. It came down to whenever he needed to put in this foundation survey to make sure

258
01:18:28.000 --> 01:18:44.400
it meets setbacks and separation distance that this came up. >> Okay. >> He has a permit though for it. Okay. >> Yeah. And that's like I was saying, the plot plan was signed off, so I thought I was good to go. Understand? Okay. No further questions,

259
01:18:44.400 --> 01:18:59.760
>> Mr. Hoffman. >> Yeah, I'm looking at the survey and there's a uh fence across the back of the garage. At least the survey says so. And there's a fence on the uh other side, I guess,

260
01:18:59.760 --> 01:19:16.719
the south side of the uh property uh from the property line up to the house. Um, what's the access to the screen uh pool enclosure? Are there any exterior doors or anything?

261
01:19:16.719 --> 01:19:33.840
>> Yes, there's a there's a door um well, you can get it to obviously from the house and then it's like a covered in porch and and you can just go right out the there's a screen door going out to uh the driveway there. >> Okay.

262
01:19:33.840 --> 01:19:50.239
I'm I'm looking at this in in um in relation to uh you know, god forbid there's an emergency back there where emergency personnel need to take a gurnie or something like that. >> Yeah, there's no problem with that. It's there's plenty of room to get in there.

263
01:19:50.239 --> 01:20:06.480
I think if I actually had a ambulance in there before because my wife is >> I'm not talking about the ambulance. I'm talking about the gurnie. >> Yeah, >> that's the five foot requirement. >> Oh. Oh, to get >> to maneuver a gurnie like that back in there and and do their thing. That's the

264
01:20:06.480 --> 01:20:21.360
reason for the 5T. >> Oh, >> you're going down to less than 4T. >> You would >> I'd rather tell >> you would never do a gurnie at that point. It's just that souththeast corner or the garage. >> Where would you access the

265
01:20:21.360 --> 01:20:37.679
God forbid something goes wrong? Could I show you how access it? Do >> you have the survey there? I could show you. >> I do. Okay. >> Do you have a copy? Yeah. >> So, north of the pool is where they're showing the 3.9 ft.

266
01:20:37.679 --> 01:20:52.239
>> Okay. >> Looks like this. >> Access is right here. >> You're going to need to speak into the microphone because we have to pick it up for recording. >> Okay. If you look at the survey, you see

267
01:20:52.239 --> 01:21:08.080
where that it says CCP. >> Yes. >> And then you see there's another little there's like AC and then CP. Yes. >> The CP is that's where the uh the screen door is. And you see it's like way far away from the garage. >> Okay. >> That's where you would get into the house.

268
01:21:08.080 --> 01:21:24.159
>> And how do you get from the CCP into the pool area? You say there's a door between >> There's a screen door there >> that goes from the CP to the CCP. There's a screen door right there. >> Yes. And then from the CCP to the to the

269
01:21:24.159 --> 01:21:39.199
pool area. Then from the where see where it says 9.2 that's the door that goes into the house and then the where the CCP and the screened in pool enclosure that's just all open there. >> It's open. Yeah. Totally.

270
01:21:39.199 --> 01:21:57.080
>> There's no there's no barrier between no CCP. >> There's no there's no different barrier between CCP and the screen pool enclosure. >> Okay. Thank you. >> So yeah and I' I've had unfortunately I've had ambulances in there before. My wife's had a lot of problems.

271
01:21:57.920 --> 01:22:13.520
>> Okay. >> Okay. >> Got the B. >> I don't have any questions. >> Okay. I don't need to. Miss Clemens. >> Good. >> You want to make a motion? We don't have

272
01:22:13.520 --> 01:22:29.520
any. >> Any more board questions? >> Got to do their way in back. >> Anybody? >> Let me check. I see. Nobody in the audience to refute. >> It's just good to put it on the record that you >> for the record. Anyone would like to

273
01:22:29.520 --> 01:22:50.520
speak? Nay or yay. Seeing none, >> do we have a motion? I make a motion to approve the variance as depicted on the survey with the revision date of 1112025. >> We have a motion to approve by Miss Clemens of 111125. Do we have a second?

274
01:22:58.480 --> 01:23:24.639
Go ahead. >> Chair, you can second motion. >> Oh, okay. I'll second the motion to approve. Now read the six hardship questions that special

275
01:23:24.639 --> 01:23:41.520
conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer with an applicant any

276
01:23:41.520 --> 01:23:58.000
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

277
01:23:58.000 --> 01:24:14.400
this chapter will constitute unnecessary and undue hardship on the applicant. That the variance granted us the minimum variance that would make possible the reasonable use of the land, building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter and that such use variance would

278
01:24:14.400 --> 01:24:30.560
not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to approve by Miss Clemings of 11125 second by Miss Vard. We're going to do an individualized vote for this. Mr. Hoffman, >> could you start at the other end?

279
01:24:30.560 --> 01:24:48.400
>> I'm sorry. You want me to start at the other end? >> Okay. >> I make a motion to approve. >> Can you repeat that into the mic? I >> I make a motion to approve. >> Oh, you you already had the approves.

280
01:24:48.400 --> 01:25:03.520
>> Are you voting now or are you making another motion? >> No, I think we're voting. >> No, we were voting now. He wanted to start at this end versus me starting. >> She said I'm making a motion. >> Approve. >> Okay. Approve. >> Approve.

281
01:25:03.520 --> 01:25:20.360
>> Okay. Disapproved. >> Okay. So, we have three approves by Miss Clemings, Miss Meard, and Dr. Bass, and one disapproval by Mr. Hoffman. Your variance have approved. Thank you. >> Thank you.

282
01:25:24.159 --> 01:25:41.520
Seeing there's no more applications, this meeting is now adjourned. 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,

283
01:25:41.520 --> 01:25:56.480
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

284
01:25:56.480 --> 01:26:31.400
slanderous statements expressed by any member of the public during any such period. Hey, hey, hey.