I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I would like to now call the meeting of
the Bvard County Board of Zoning Adjustment for 218 2026 in order. We have no introductions. We have our names out. Everybody knows who we are. Uh we're just going to move
ahead. Uh Mr. Bod from the planning development office. Would you please describe the function and operation of the board of zoning and adjustment to our applicants and the audience? >> Yes, Mr. Chairman. Thank you. >> Board of the board of adjustment is a quasi judicial body established by the
board of county commissioners under chapter 62 article 2 division 4 of the Buffard County Code. 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 agree by any decision of the board of adjustment may within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief. Mr. Chairman, you
have six items on your agenda today. >> Thank you, Mr. voting. Uh, Mrs. Clemens will now read give an explanation of the definition of a hardship as soon as we find it. >> Is it this right here? I got it.
>> Okay. A variance may be Oops. A variance may be granted when it will not be contrary to the public interest where owing owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. The term undue
hardship has specific legal definition in this context and essentially means that without the var requested variance, the applicant will have no reasonable use of the subject property under existing developmental regulations. Personal medical reasons shall not be
considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where a landlord land owner cannot yield a reasonable use and/or reasonable return under the existing
land development regulations. >> Thank you, Miss Clemens. I'd now like to address our board members, the applicants, and audience regarding the board procedures for today's meeting. The board of zoning adjustment as a quas judicial board with members appointed by
the Bvard County Board of Commissioners will utilize Robert's rules of order to conduct its proceeding. 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, the board will begin questioning with the board member who represents the applicant's 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 to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the
applicant will be given additional time for rebuttal as well to present their final comments. Once completed, no further comment will be heard from the applicant or the public before the board's decision. The action then moves
to the board for discussion and action. 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 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 an address card. Please fill it out and return it. I'll give you a minute if if you need to see
anybody at the up front here. Good. Okay. Our next order of business is to approve the minutes of the previous meeting in the last month. Are there any additions or corrections? >> No. >> No. Is there a motion to approve?
>> I make a motion to approve the meeting minutes. >> Mrs. Clemens has made a motion to approve. Is there a second? I'll second. Mr. Homeberg has made a second. All in favor? >> I >> I. Any opposed? No. Minutes are
approved. Good. We're good to go. Mr. Bodie, may we have the first applicant that is rep requesting a variance? >> Yes. Item H1, William L. William M. and Lang L. Alexander requests two variants
of chapter 62 article 6 Boulevard County Code for a proposed doc in a PUD zoning classification. Application is 25V000080 located tax account number 241343 in district 2.
>> I'm Tom Brooks. I'm representing >> Please come up to the podium. >> How are you? >> Hello. >> Please end at the mic. State your name and address for record. >> Uh Tom Brooks, 11:30 Elorado Drive. I'm representing Mr. and Mrs. Lang with Dr. >> Here's the hard part. Raise your right hand.
>> Yeah, no problem. >> Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> Yes. >> Thank you. Speak directly into the microphone. It's all yours. >> All right. Uh hello. How are you guys doing? Um we're requesting a variance to
rebuild a dock strictly within the original footprint. Uh we're not proposing uh any expansion in length, width, square footage or boat capacity. The project is simply restoring um the existing dock to its historical place that has been used in the or been used
this way uh previously. Um our our situation, our lot is pies-shaped and because of the property lines, the uh the projected property lines, it's narrowing offshore. Applying a standard setback measurement creates a situation where rebuilding the original dock uh
becomes technically uh non-compliant. This is uh this is due to oh sorry this is not due to any attempt to extend further into the waterway or gain additional access but rather due to the unique uh geometry of the lot. Uh the rebuilt the rebuilt dock will not
obstruct any navigation will not impact uh neighboring properties and will not increase environmental impact. In fact with modern construction it will improve safety and uh and impact to the environment. Um the use of the scale remains unchanged. the consistent surrounding
dock. There's common docks in the area. Uh we respectfully ask for a minimal variance so we can restore the dock to its historical footprint. >> Okay. Thank you. Don't go anywhere. Mrs. Clemens is uh is the rep for your district. But before we turn it over to
her for questioning, I would like to pose some questions to Mr. VOD and our U since this is a PU DZ zoning classification which uh correct me if I'm wrong that that's
an HOA and a lot of that stuff is uh different than what the county proposes. Is that not correct? >> I'm not sure if it's an HOA or not. It is a planned unit development. It has the same uh codes for docks as as any
other single family or multifamily zoning that's on a man-made waterway. >> So there's no different between the PUD and what the county wants. Correct? >> No. >> Okay. Thank you. Thank you, Miss Clemens. All yours. >> I actually don't have any questions at
all. Seems pretty straightforward. Okay. >> I just have one question. I wanted to make sure >> Yes, Dr. Uh it's uh the house to the north. You're very close to their dock.
>> Correct. >> At least in the picture, but you've said that the scale remains the same. >> Yes. >> All right. And they've been notified of this. >> Correct. And they I believe they've signed as well. >> All right. Okay. I have no further questions.
Would you mind just stepping to to the right? Is there anyone in the audience who would like to speak in favor or opposition to this variance? Please step back. ready if you are.
>> Okay. >> What is the pleasure of the board? Is there a motion for this? >> Like to make a motion to approve the variance request as depicted on the survey by the applicant with a revision date of 1210 2025. >> I'll second that. >> Okay. Any discussion?
>> No discussion. No discussion. All right. Hearing no further discussion, I'll now read the six hardship points. Okay. Number one, that special condition and circumstances exist which are not
applicable to other lands, structures or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance request that 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 number four 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 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. Number six, 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 injurous to the area involved or
otherwise detrimental to the public welfare. We have no other questions. Correct. We have a second. All in favor? >> I oppose. No opposes approved. Thank you, sir.
>> Thank you very much, >> Mr. Bod. >> Yes. Item H2, the Edward Mills. >> Mistla revote. Thank you. Revocable trust request variance of chapter 62 article 6 Boulevard County Code for
setback in a GU zoning classification. Applications 25V 000091 located tax count number 2623 244 in district 2. >> Good afternoon. >> Good afternoon. >> Good afternoon.
>> Name >> Edwards. >> Edward Mistla. address 6395 US Highway 1, Rocklage, Florida 32955. >> Thank you. Raise your right hand, please. Do you swear and affirm that the evidence you're about to give to this
board of adjustment is true? >> I do. >> Thank you, sir. It's all yours. >> I'm asking for a uh variance to the setback on my property uh for the construction of a pergola. There is currently a driveway there which extends
from the house about 22 feet out. has been uh a paved driveway for 25 years and we'd like to construct a pergola to uh cover our motor home. The motor home cannot be accommodated in the garage
because it's 11 ft high. Uh it's the uh the pergola will extend from the side of the house, will not attach to the home, and will literally be a uh cover carport if you would for the uh
for the vehicle. Uh the difficulties we see if we we have to abide by the setback is it would split the driveway in half which would make well the construction of the pergola would be required to be on half the
driveway which would actually make it useless to put a vehicle in there and or the motor home. >> That's it. >> That's it. >> That's it. >> That was pretty simple. Would you mind stepping to the right?
Is there anyone in the audience would like to speak in favor or opposition to this variance? No. Please step back, sir. Thank you. This variance falls under district two, which is Miss Clemens. The floor is yours.
>> I again don't have any questions. I think it's pretty straightforward. Thank you. >> Uh I do I have some questions. Uh when I'm looking at the overhead uh the um Google map overhead site, um it looks
like your property limit is now moving into your southern neighbors property. And I'm look I'm I'm guessing on southern when I look at this it looks like the people to the south
>> that that isn't correct. These uh representations are not surveys. You'd need to look at the survey that was provided with you >> and the the per the construction is going to be on the north side of the house. >> It won't be on the south side.
>> You mean you want me to look at this with nothing? >> No. No. survey that was provided. >> Yeah, it should be a survey >> that shows the pergola, proposed covered pergola along with his house and everything. >> Okay. >> By the pool.
>> No, ma'am. >> Okay. >> It'll be adjacent to the north side of the home. If you'll look at the driveway that extends from the roadway all all along the north side of the home.
>> Okay. >> May I approach? >> Yes. Thank you. >> You're going to be able to talk to her because we have to pick it up. You can just point it to her.
It's on the top. I can show it. >> So, this is the house. >> This is the house. >> You're going to have to speak into the mic. >> Sir, I'm sorry. Talk to her without the mic. >> Can we have that back? Sure. You have to be at the podium.
>> Steve, can you show her where this is located at on the survey? >> She seems to be having trouble. >> Yes, I am. Yeah. here. >> This one >> the little the little one right there.
>> Okay. >> Yeah. Okay. >> All right. What he was saying, Dr. Bass, was that this isn't an actual depiction of the survey, >> right? So it's it's
>> the dock goes out east into the Indian River. >> So the house is going to be on the north side of there if that gives you a reference. >> Yeah. >> Now how close are you? >> All right. So is that going to interfere
at all with your neighbor to the north? >> No. >> You're the houses are extremely close in this area. So, >> as we've had a pave I've got a paved driveway, >> okay, >> that's out there. And I I'm going to guesstimate from the driveway to the
house to the neighbor's house on the north is uh probably at 15 ft. >> Okay. >> We've got a grass area there. He has an air conditioning unit out there, sprinkler systems.
>> Okay. All right, I'm comfortable with that now. Yes. Okay. I was thinking it was on the other side. >> Yeah, that would that would be a problem. >> Okay. >> Kevin, are any other statements? >> Nothing further. >> No. Good. You can be seated. Thank you. >> You need the hardship or do I make a
motion? >> No. Is there anyone in the audience who would like to speak in favor or opposition to this variance? >> No. Okay. Good. Members, what is the pleasure of the board? Is there a motion? >> I make a motion to approve the variance as depicted on the survey provided by
the applicant with a revision date of 11:26 2025. >> I'll second that. >> Dr. B has seconded the motion. Any discussion? >> No. >> No discussion. Hearing no further discussion, I'll now read the six undue
hardship. Number one, that special conditions and circumstances exist which are not applicable to the other land, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the
actions of the applicant. Number three, 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 constitute unnecessary
and undue hardship on the applicant. Number five, 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 injurous to the area involved or otherwise detrimental to the public welfare. >> All in favor? I >> I Any opposed? >> No.
Varian has passed. Thank you, sir. >> Okay, we're good. Mr. Bodie, may we have the next applicant? >> Yes. Item H3, Shane uh Clark Edward and Joseph Fiend Infinity Infante request
three variance of chapter 62 article 6 Boulevard County Code for principal structure of swimming pool screening closure and an accessory structure in an RU-1-11 zoning classification application is 25B 00092
located at tax count number two 243 7983 three in district two. >> Thank you, Mr. Rooney. >> Name and >> Hello, Shane Edgar, uh 365 Hula Circle, Mayor Allen, Florida, 32952. >> Perfect. Raise your right hand. Do you
swear and affirm that the evidence you're about to give to this board of adjustment is true? >> Yes. >> Thank you, sir. It's all yours. >> All right. I was here three months ago and did a vacate and now we need a um variance. We bought the house in 22 and
these structures have been since Google math there for 15 years. Went to sell the property last year and caught that the uh plot lids, deans, and all that stuff was not give a clean deed. So, I'm here
asking for a variance. That's it. It was there when we bought it. I don't know. The buildings were there basically to legitimize, right? >> Yes, sir. >> Okay. Miss Clintons, this is your district. You have the floor. >> Yeah, same thing. I think it's pretty straightforward and no questions.
>> Any questions? Dr. B. >> Yeah, I just want to clarify. So everything here for this require for this variance as I think was already asked is already existing.
>> Yes, ma'am. From Google Maps for 15 years. >> Right. Okay. Okay. So, you didn't put these in recently? >> No. >> Okay. All right. That was my only question. In other words, you're more or less grandfathered in on this, >> I believe. So, it's that's why I'm here
to make sure. >> All right. Okay. I have no further questions. >> Just step right. Thank you. >> Is there anyone in the audience who would like to speak in favor or opposition to this variance? Jeff, please be seated.
>> I make a motion to approve the variance as depicted on the survey with a date of 872025. >> I'll second. >> Any discussion? >> No discussion. >> No discussion. I will read the six undue
hardship items. Number one, that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. Excuse me. Number two, that the special conditions and
circumstances do not result from the actions of the applicant. Number three, 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. Four, the 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
constitute unnecessary and undue hardship on the applicant. Number five, 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 injurous to the area involved or otherwise detrimental to the public welfare. No opposition.
>> I already did that, >> Mr. Bod. We're done. >> I lost my brain matter for a moment here. >> Mr. Bod. >> Uh, Mr. Bod. Mr. Bod, may we have the next applicant? Oh, we didn't vote. I knew I was
>> I was thinking y'all didn't vote. >> Oh, sorry. >> Okay. >> Do we vote? >> Yay. >> All in favor? >> All in favor? I >> I >> I >> oppose.
Variance has passed. Thank you, sir. >> Thank you. >> Now, Mr. Bod, may we have the next applicant? >> Yes. Item H4, Bradley D and Cheryl L. Smith request two variants of chapter 62 article 6 Boulevard County Code for a
flag pole in an RU-1-11 zoning classification applications 25V000094 located at tax count number 2719508 in district 4. M >> Mr. Chairman, if you if you would allow me, I'd like to give some more
background with your permission. >> Who's speaking? >> Me over here. I'm the director of Boulevard County Planning and Development, Billy Prasad. With your permission, I can give you a little bit of background. Um, as part of my role, I oversee not only the zoning area, but code and contractor compliance division
as well as this application is related to a code enforcement action. I wanted to give you some tra staff respect perspective as it relates to the code case. I especially want to express that staff does not object to the approval of this application because of the code
enforcement case. On the contrary, we would find it to be a satisfactory conclusion and would bring the property into compliance. As is stated in the application for this variance, the flag pole at issue here has been in place since around 2006. While county staff is
obligated to enforce our code upon receipt of a complaint, as is the case here, we are not without empathy for the applicants. They are sandwiched by properties owned by the same trust and both of those neighboring properties have had significant code enforcement
violations that are detrimental to the community. While the violation at issue here is of a very different nature to those cases, this case appears to have originated from representatives of that trust. As the mission of Bvard County Code Enforcement is to obtain voluntary compliance, staff appreciates the
applicant's willingness to go through the process to cure this violation. >> Thank you, sir. >> Thank you. Please state your name and address. >> Cheryl Smith, 465 Kenneth Drive. >> And you already know to raise your hand. >> Already been taken.
>> I swear and affirm that the evidence you're about to give to this board of adjustment is the truth. >> Yes, sir. >> Podium's yours. Thank you. >> I'm going to go ahead and read from script. And thank you very much. Um, members of the board, we respectfully request the approval of a 9
foot2 inch variance pursuant to Bvard County Code section 62-3316 for the existing American flag pole located at 465 Kenneth Drive. The flag pole has been in its current location
since 2006 where it is situated 5.8 eight 5' 8 in from the adjacent property line. At time of installation, it was placed with the knowledge and assistance of our former neighbor Alan Payne, a veteran who supported supported both its
location and purpose. The condition is a long is longstanding as was not created to circumvent zoning requirements. Section 62-3316 establishes a five 15 ft setback for
flag poles adjacent to vacant lots. Strict application of this requirement would necessitate us relocating the flag pole approximately 9 ft 7 in placing it in the center of our existing concrete driveway. This would require substantial
alteration to the driveway and we would lose our access to the garage. um also creating an unnecessary and disappropriate hardship particularly for us as retired senior citizens on a limited income. The flag pole does not
interfere with overhead or underground utilities does not obstruct sighteline does create a safety does not create any safety or aesthetic concerns. Its placement is compatible with residential character of
the neighborhood and has coexisted without issue for nearly two decades. In addition to meeting the technical standards of the code, the flag pole serves a legitimate civic purpose. It's
a respectful display of American flag honoring military service within our family and the broader community. It recognized our Marine Corps family stationed overseas. It commemorates our loved ones who have
served and passed and has been quietly acknowledged over the years by the neighborhood veterans as a symbol of shared service and respect. The current complaint was filed by the adjoining properties owner's son. The adjacent partial contains stored
vehicles, vessels, and equipment, and the flag pole does not impair the reasonable use of that property. Granting this variance would be consistent with the intent of the Bvard County Code section 62-3316
by unvo avoiding unnecessary hardship, preserving neighborhood compatibility and ensuring the variance is not contrast to ensuring that the variance is not contrary to public interest. approval would allow a longstanding
non-intruseful and meaning structure to replace remain in place without adverse impact. And I have signatures from all of our neighbors save two of them. Obviously, the complaintant and there's a neighbor across the street who
wouldn't sign it because she's afraid of the bullying that's been going on in the neighborhood. So, she didn't want to get involved. So, I have that if you would want me to submit that. >> Thank you. Thank you. I have pictures too if you need any explanations. >> This is Dr. Bass's area and I'm going to
turn this over to her, but I have just one question first. Is that okay? >> Yes. >> Are you a veteran? >> No, sir. >> Is anybody in your family a veteran? >> We have many veterans. We have my father and his brothers were in World War II. My father was in Japan.
>> And uh no sibl son siblings. >> Our son-in-law is in the Marine Corps. He's got 23 years. I'm sorry. >> Our son-in-law is in the Let He's He's active duty. >> He's got 23 years. He's a >> If you're going to speak, you really need to get up and speak into the microphone so it can be picked up by the
>> I'm sorry. Our son-in-law is in the Marine Corps right now. He's got 23 years and they're stationed in Hawaii right now. And um he's a chief warrant officer three. >> Okay. Thank you, sir. Um I'm going to I
think I'm going to need you for this one. I I'm a Vietnam War veteran. I 36 years in federal law enforcement and I had very strong feelings about flags and things of that nature. So I might have to
recuse myself from >> not necessarily. I mean everybody has a different background and you know you bring your own experiences >> vote on this but >> you know everyone has their own experiences and you bring that to the
board. So, I don't see any conflict here. >> Okay. >> So, I think you're all right. >> Okay. All right. I'll stay. Thank you. Go ahead, Dr. Sorry. >> I did have a few questions. >> Thank you. >> But
thanks to the presentation and the backup information that we got from the planning, development, and zoning board uh or development office. Uh, I don't have any further questions. That answered mine. >> Okay.
>> No further questions. >> No further questions. >> Do you mind just >> Can we get the list of the your neighbors for our >> I can give you that? I made a copy for myself. If you don't mind, can I approach >> you?
Is there anyone in the audience who'd like to speak in favor or opposition to this variance? >> Yes. Come to the podium, please. Have a seat. >> Name and address. Please speak in the mic. >> Patrick Payne, 461 Kenneth Thrive,
neighboring property. >> Raise your right hand, sir. >> Thank you. Do you swear and firm that the evidence you're about to give to this board of adjustment is the truth? Yes, >> it's all yours. >> Thank you. Um, I got something written out here.
>> Please speak in the mic. >> Sorry. My name's Patrick Payne. I'm the adjacent property owner at 461 Kennet Drive. I respectfully oppose this variance request to reduce required setbacks for a residential flag pole.
The requested reductions create an unnecessary safety hazard to nearby properties and conflict with the setback standards that protect public safety and property. >> Sorry, sorry to interrupt. Could you just a little more closer?
>> Sorry, >> it's not friendly. >> Yes, sir. Um, the applicant >> the applicant lot is is approximately 16,000 square foot. On a lot of this size, there are compliant alternatives
for the flag pole, such as placement farther into the central yard that can meet required setbacks without needing a variance. My property is directly adjacent and if the flag pole fails, my
property is m the most likely to be struck or damaged. The applicant is requesting setbacks of approximately 5.8 8 from the side property line and 9 ft from the front instead of the required 15t setback under Bvard County zoning LDR setback
standards for this residential district. Denying this variance does not prohibit a flag pole. It only prevents placement that undermines the purpose of setbacks protecting neighbor neighboring properties maintaining se safe
separation and reducing foreseeable hazards. I have personally observed ongoing structural and safety concerns with the existing or fl prior flag pole, including a prolonged lean to the west,
apparently lack of maintenance, and a recent collapse during a minor wind event that nearly caused damage to my adjacent property. These facts strongly suggest an inquat in inadequate foundation, inadequate in engineering,
or both. and importantly a history of failure. In Bvard County's hurricane prone environment, a tall flag pole placed close to a property line presents a foreseeable risk. Any replacement should be designed for high wind
conditions consistent with the Florida building code. An applicable wind design criteria and I think it's something like 150 miles an hour. Um, depending on the exact site, at minimum, it must meet the current code
requirements. If the board considers any approval, I urge you to require code level compliance measures that match the risk, including permitting through the building department before installation, Florida licensed professional engineering with stamp design and
foundation plans. manufacturer specifications including height limits, wind rating and installation requirements, load calculations consistent with current code wind criteria, post installation inspection
and confirmation that installation matches approved plans. If any existing structure is non-compliant or unsafe, I respectfully request the county to require removal or remediation through proper enforcement
channels. For these reasons, I respectfully ask the commission to uphold the 15t setback and deny the requested variance. I also request the county require compliant engineering permitting, inspection, and any
necessary enforcement actions for safety. Please apply the land use code consistently and equally deny the variance and require a compliant safer placement. I have no problem with the flag or the
flag pole. It's just the placement next to my property. they have plenty of opportunities to place it around their lot. >> Thank you, sir. Hang on one second. Dr. Bass, you have any questions first, gentlemen? >> Yes. Uh you said that uh there's a lean to the west over your property.
>> My property is to the north and it's on the it's just south of my property line by five foot. So, it was leaning along the property line and when it collapsed this year where there was no hurricane, just a wind gust, it collapsed to the
west and it missed my property, but it can easily go on my property. >> All right. So, it did miss your property. Yes, ma'am. >> Um, what is on your property within 10 ft of your property line? >> Sometimes I parked a vehicle there.
>> I didn't notice a driveway back there. looked like it was >> there's a there's an a culvert and an entrance to that lot 15 foot over from the property line. >> All right. I was just >> if you look at the overhead shots in fact one of the photos they show where
the machines backing off the trailer that's on my culvert driveway. >> Mhm. >> I have no further questions. >> Do you have any questions? >> How long have you owned the property? I don't own the property and my father doesn't own the property. The trust owns
the property. >> Okay. Well, how long has the trust been in possession of the property? >> My dad owned the property since 1963. Oh, that there's two properties, I'm sorry. Um, the house at 461 has been
owned since ' 62, I think. And the property on the north side where the flag pole is has been owned from about 1968. >> Okay. And do you reside in the property? >> I reside at 461.
>> And how long have you resided in 461? >> I've resided there. Well, I was taking care of my father after he stroked out. So I've been there since CO. >> And the poll's been there for 20 years. >> Less than.
>> Okay. It's been there over 10 years, but it's >> You said almost two decades in your presentation. >> Yeah, I think it said 16 or 17 years or something. >> 20 years. >> Oh, so it's been there a while, but again, it's there's no problem with the
pole. It's the placement and the engineering of it. >> Yeah, but the poll's been there. >> Yes. >> So, it's new that this is an issue >> and it's dangerous and it fell. I know that my flag pole broke with the
last windstorm >> we just had. Yeah, just the one that was two months ago. >> Make make sure you speak into the mic so we can pick it up on the uh recorder. >> Me. >> Any further questions? >> Um I do but for them now.
>> Thank you sir. Have a seat. Thank you. Is there any anyone else in the audience would like to be for or against? >> Good afternoon. >> Hi, >> my name is Lisa Loper. I live at 479
Kenneth Drive, Melbourne, Florida. >> Okay, great. Right hand, please. >> Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> Yes, I do. >> Are you for or against? I am I am for keeping the flag pole right where it is.
>> Go ahead. >> First of all, I'd like to say thank you very much for your service. My husband is a very proud veteran of the US Army. If he if we were home at the time the flag pole fell over, he would have been over there helping to reconstruct it. I
have lived at the property for over 20 years. The flag pole was erected long before that. Um, it's a vacant property that separates my house with their house and it's Brad's
father that owned the prop or Pat's father that owned the property. Um, it's a vacant lot. If the flag pole, if the winds got strong enough to blow the phallic pole, to break the flag pole, probably our
screen porch might be in, it could be hit. We don't care. It's the flag. So both I can if I can speak for my husband who's out of town working and is the proud Army veteran. We definitely
agree with the flag pole remaining exactly where it was at first constructed by the help of Pat's dad and I stand here let just to let you know at the risk of being retaliated against for being here.
>> Thank you. Don't go anywhere. No, I don't. Thank you, >> Clemens. >> I do. You spoke of the uh when I'm looking at these pictures, you're on the south side of the property. >> We are on the north side. >> You're on the north side.
>> We're right there in the corner. >> And when you said vacant lot, >> the vacant lot separates our house from their house. >> Okay. >> And then Pat's on the other side, >> Alan's house.
And the vacant lot is not the lot in question. >> The vacant lot is the one in question. Yes. >> Interesting. Okay. >> Thank you. You're welcome. >> Thank you. Have a seat. >> There. Anyone else in the audience that has uh would like to speak in
opposition? No. >> Don't move. >> Okay. I have a question for the the gentleman. Uh could you just give a short synopsis of what you read uh for the the
problems? >> Sure. So on on the on the property for which the variance applies to there's a code case obviously regarding the flag pole within setbacks. The complaint was received by um by representative of the
trust to the properties both to the north that's that vacant lot and the south that's owned by the same trust. Um those properties have had very significant number of uh and quality of code enforcement violations that have
been found by the magistrate and those cases are still ongoing. Uh they're in lean status and hearing status uh to this day. Um, so I I the main thing I just wanted to point out was, you know, our our goal from from a contractor and code compliance standpoint is voluntary
compliance. And these applicants have shown a willingness to bring their property into compliance through going to this hearing. And I didn't want the the board to see the mention of a code complaint and might be dissuaded from approving when really that's one of the paths to compliance here.
>> Thank you, sir. Ma'am, would you like to make a a regle for a couple minutes? >> If you don't mind, I can do the the picture thing. >> Okay, there it goes. So, that is the flag pole
as she stood, what you see behind it, all that um that is quote the vacant lot. And um granted if it did fall and it fell exactly on the vacant lot the what you don't see is 6 to 8 foot of
overgrowth that would cushion any fall. We have to live with that. And um there's a boat there maybe in the direct path the little tiny one with the white. It's been there 34 years. Nobody's ever taken it out. The truck never moves. The solar panels don't
move. in the big 23 foot sailboat. So I'm don't think that even if it fell and our plan is to put up a heavier gauge new a brand new flag pole set with the
heavier pipe the big pipe and same height and same criteria but just a heavier gauge. Um, so that's our plan. When if we were uh awarded the variance, we would be able to do that. >> Dr. B, any further questions?
>> No, no further questions. >> One more question for you. >> Yes, sir. >> Have you considered just making the flag pole smaller? I mean, then the problem goes away. I mean, is there a reason why >> it's just this? It's standard 20 ft.
It's not hu It's not It may look really big, but it's not like Jim Rat. >> So, it's just a stand shorter, but still has the setback requirements. >> Exactly. >> It's the distance to the property line. >> No, I understand that. But the problem
seems to be the flag pole falling. That's what the news >> Well, I mean, even like it did fall, but it didn't fall on his property. >> Okay. >> All right. Thank you so much. Thank you very much if you want to speak. >> Uhuh. Too late.
>> Okay. Any discussion? >> No. >> No. >> All right. >> What is the pleasure of the board? Is there a motion? >> Yes. That is my district. I will make a motion. I make a motion to approve the two variances as depicted on the survey
with the date 120525. >> Is there a second? >> A second. >> Miss Clemens seconds the motion. No further discussion. I'll read the six undue hardship points. Number one, that special conditions and
circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification. Two, that the special conditions and circumstances do not result from the actions of the applicant. Three that granting the
variance requests it will not confer on the applicant any special privilege that is denied by the provisions on this chapter to other lands, buildings or structures in the identical zoning classification. Number four, that
literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. and constitute unnecessary and undue hardship on the applicant.
Number five, that the variance granted is a minimum variance that will make possible the reasonable use of the land, building or structure. Number six, 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 injurous to the area involved or otherwise detrimental to the public welfare. With the board members keeping these six criteria in mind, I now call on the vote. All in favor? >> I. >> All opposed? No.
>> Your variance has passed. Congratulations. Thank you. >> Mr. Bodie, may we please see the next applicant? >> Yes. Item H5, Craig V and Vicky L. Swornson request variance of chapter 62
article 6 Boulevard County Code for an accessory structure in RU-1-7 zoning classification application 25V 000095 located at tax account number 2802415
in district 5. >> Well, my name is Craig Sorenson. I live at 527 Church Street in Melbourne, Florida. >> Please raise your right answer. Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> Yes.
>> Would you please speak into the mic? >> Yes. >> I know it's small, but >> Okay. >> You don't have a bad back, do you? >> No. Okay. >> I would like to build a 30x40 structure for a workshop. I work on some antique
vehicles that I have and I'm bring them right back into Melbourne again. And I would like to store them in the shop plus to work on it. And it's on an empty lot that we have behind our house towards Center Street and it shows on the survey map that we have. You can see where the structure is going to be
proposed to build and we did some research on it and we right now we're like 4 in above the center of the road height. So to bring some fill in for it, but the neighbors have no objection to it. I did go around and ask all the neighbors on our block and then adjacent blocks around facing our block and
nobody opposed it. Um, I got all the signatures there and the petition I send it out. So, I'd like a variance to build this building. It' be 30 by 40 and I got access off of Center Street. Existing access existing access.
Sorry about that. >> Thank you. Um, this is Mr. Huffman. He's not here this week. I'm going to ask Dr. Bass to you have any questions for this gentleman? >> Actually, no. You have uh a large amount of property. I can see here and it does
not appear that you're going to be interfering with your neighbors property on uh either side on any side. First of all, there's a road on two sides and then you have uh residents to the uh
south, but it looks like you're going to be avoiding any uh interference with any of your neighbors. >> Correct. I did talk to them and they are all in favor of me building it or not. There no objections to it is what I say. >> All right. I have no questions other than that. Thank you,
>> Mr. Clemens. >> No questions. >> No questions. >> Would you just Thank you so much. Is there anyone in the audience who would like to speak in favor or opposition to this variance? >> Thank you, sir. Too many people left in here.
Do you have any any other comments? >> No, just I would just like the variance to be able to build this building. So, >> thank you. Please sit down. >> Okay. Thank you. >> You're good. >> Members, what is the pleasure of the board? Is there a motion?
>> I make a motion to approve the variance as depicted. I just put it away. I'm sorry. 123 as what? >> December 3rd. December 3rd, 2025. >> I second.
>> Is there a second? >> Second. >> Second. >> Discussion. No discussion. >> Hearing no further discussion. I'll now read the six undue hardships. Number one, that special conditions and
circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting
the variance requests it 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. Number four, that literal enforcement of the provisions of
this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. Number five, that the variance granted
is the minimum variance that that will make possible the reasonable use of the land, building or structure. that the granting it's number six that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such
use variance will not be injurous to the area involved or otherwise detrimental to the public welfare. Board members, do we have a vote? >> I >> I >> no in opposition the board approves the
variance. Mr. Bodie. Next applicant, please. >> Yes. Item H6, Susan R. Gasparini, request variance of chapter 62, article 6, Bvar County Code for a principal
structure in an RU-1-7 zoning classification. Application is 26V00004 located at tax account number 3031141 in district 5. Hi,
my name is Susan Gasparini. I live at 497 South River Oaks Drive in the Atlantic, Florida. >> Please raise your hand. >> Do you swear to affirm that the evidence you're about to give to this board of adjustment is the truth? >> I do. >> It's all yours. >> Okay. >> Please speak into the mic. I know it's
difficult. >> I'm requesting approval for variance for my back porch. This is a new build and um we've already started. The plans had been previously approved quite a long time ago. I've got over $100,000 into
where I'm at right now. Um I've got my footers, my stem wall, all the plumbing and electric, you know, the ground part of it is completed. Um I don't have a neighbor behind me. I have a ditch which I would say you can
verify it um more accurately I'm sure but 30 40 foot ditch in the back and then I'd say an 8ft wall. So I'm not intruding anybody's space. um when they look from their porch from that
subdivision, you would have to be enormous to see, you know, much of my backyard as it states. And um the neighbor to the west of me, he has plenty of land. And the young lady to
the right of me, she there's no opposition whatsoever. And you know, I'm needing an additional 10 ft. it it appears is the rule. And so, um, yeah, I just want to move forward
and build this house. I've got a year into this. This has taken me forever. There's been so many stops and and starts again and um, yeah, I mean, it's going to be a nice addition to the neighborhood and I think somebody's
really going to like that back porch. Plus, my trust guy called today and he said, "Hey, Susan, they're they're wait we're waiting. you know, they're just sitting here. And so that's all tied in to, you know, the existing trusses for the main part of the house. So, yeah, I
just want to um go about my business and build this house so I can live there. >> Thank you. This falls into uh Mr. Huffman's district. He's not here. I'm going to ask Miss Clemens. You have any questions? >> Sure. Actually, you answered it. I was wondering if you had purchased the trust
package. >> Yes. >> Already. So, >> long time ago. Okay. Are you planning on occupying the property? >> I am. >> Okay. >> I'm owner builder. So, yeah, it's my first experience, so it's been a challenge. >> Bvard County is fun. >> Yeah. Yeah. So, good. Yeah. I mean,
>> it's going to be nice once I'm done. So, yeah. Thank you. >> Just a couple of comments in looking at the zoning map. It's obvious that you don't have anybody close by you in the rear. And as you said, uh, the property
to your west, uh, which this wouldn't necessarily be affecting is, uh, quite large. >> Yes. >> So, I don't see where this is going to impede any place on your neighbors. >> Right. >> All right.
That's all. >> Good. Would you mind? Yes. Stepping to the side. >> Sure. >> For one second. Is there anyone in the audience who would like to speak in favor or opposition to this variance? Please, sir, come on down.
Would you mind having a have a seat and step a seat? You can sit right here in the end. Hi, my name's Clark Roland. I live at 217 Dotted Dove Lane. That's the house
that's behind her beyond the wall. Um, >> just your name and address right now. >> Okay. >> Now, raise your right hand. Thank you, sir. Do you swear and affirm that the evidence you are about to give to this board of adjustment is the truth? >> Yes, it is. >> Mike's yours. Talk. Please speak in there, Mike.
>> Okay. Uh I only have a little bit of a concern that about what type of structure she's going to build and is the main wall of the house still within the 20 ft uh limitation. Now you
explained that was going to be the back porch that was going to be needed to uh change to the 10T. Uh, I know there's property in the back that belongs to our association. Uh, there's a ditch back there and
there's some palm trees back there that are on the association's property. I want just wanted to know for sure how big a structure was going to be on that
required the 10-ft variance. Uh, of course I'm concerned that if the structure is not right, it might depreciate the value of my property even though it's beyond there's a there's a
wall there that's by our association of uh Oceanside Village. I just was concerned about whatever would be built there. Will this depreciate my property by a great
I don't want to comment too much like a great big ugly wall being built there. But she's saying that it's only the back porch that is beyond. Uh so I'd like to have a little more clarification of exactly what the structure will look
like. >> Thank you, sir. Hang on. Dr. Bass, you have some questions. Well, the structure is 10 by 25 off the back of the home. What's the Does the right exterior wall fall within the 20 foot? Because I assume >> Yeah, it's a it's an open porch. It's
got a covered roof on it that goes into the trust roof there. The wall goes all the way down the side. So, it's just an open um patio supported by three different columns. It's all open.
>> That explains it a little better. Yeah. >> The actual wall of the home is still going to meet the required 20 foot setback. >> Mhm. Mhm. Okay. Okay. >> Have you seen these? >> I have No, I have not seen it. That's my concern. That's what it's going to
supposedly look like. >> They're my neighbors here. >> No, no, no, no, >> no. You have to be sworn in, I guess. Uh that's the back end of the house. That's the pillars there. Or is that the which is
>> the best depiction? >> That's the back of the house. Is it a twostory house or one one story? >> No, it's a one-story house. All it is is an open porch in the back. >> Okay. >> That makes sound a little better. >> Thank you. >> Thank you.
>> If you'd like, we can give you copies of this after the meeting. >> Is there anyone else in the audience? >> Please come up. Um, Katherine Shidell. I'm at 207.gov. >> Please speak in the mic. >> Katherine Shidell, 207.
>> Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> Yes, I do. >> Any questions, Dr. Bass? >> No. >> Well, she hasn't said anything yet. >> Okay. I just had a couple questions.
When we went over, we looked over the wall because the the ditch area on the other side is considered part of our property. And so, um, we saw where the the concrete is. So, that's just going to be a covered porch is what I'm hearing. >> Would you mind speaking into >> All right. That's just going to be a
covered porch, right? >> A 10 by 25 is what the measure. >> That That's not our question to answer. We would have no idea. >> Yes. It's just a covered porch is what they're building. >> Okay. >> It's covered and it's it's supported by three columns. It's all open. The roof
is going to be trust going into the house trusses. It's a single uh story house. >> Okay. And this >> like we can give you copies of the plans after the meeting. >> And if they that would be great. If they pass this variance, if you pass the variance, and I'm I'm not opposed or I I
don't go either way. Sorry. Um if the variance passes, would there be something that restricts them from being able to like put a jungle gym in the back that ends up being partially on my property? Was would that be that wouldn't allow them to put anything else back there, right? >> There would be a question after the
fact. There would have to be another hearing, another variance. We would have no idea right now. >> Okay. I just want >> speculate. >> Yeah, this is one thing at a time. >> Okay. I just don't want something built that's going to put any kind of liability on me. So, all right.
>> This is all on her property. It isn't going to be any liability on y'all's property. Yeah, the patio is I just want I just want >> what they're what they're applying for right now. >> Yes. And that would then be in the would
be and I've never done gone to one of these before, so I'm probably asking stupid questions, but the um if this variance is given then it resides with that property so that anytime somebody buys it, they understand that they don't have the normal variance in the back. Correct. >> Or the normal.
>> What was the question? You don't have what? If there's a variance, then would it stay with the property? So, in the event that she decides to sell the house, whoever buys it from her understands that their property line is not 20 feet back, it's only 10 feet back. >> That's shown on the surveys. Whenever
you purchase your property that you get, it will show up there. That that is the tw 10 ft to it. >> Okay? As long as they un as long as it stays with the property that it's a variance there and not the normal. If if this property was being built with a
panned aluminum roof without supporting columns and stuff and not a trust roof and a screened enclosure, it would allow it to go up to 10 ft and she wouldn't be here asking for a variance. Oh, >> okay. So, that's the only reason why the variance has to be given. >> There's different codes for different structures.
>> Okay. All right. That's all. Thank you. >> Thank you. >> Okay. Get that picture. I'm sorry. Could I please look at the picture or are you going to give me that? We'll have to print it out and get it to you after the meeting. >> Thank you.
>> Please. >> Take a couple minutes. You have a rebuttal or >> Oh, okay. >> Anything else you want to say? >> Well, I think all the vegetation that that's standing right now is on my property. It it isn't on the property behind. So, um
that will be maintained. And of course, additional landscaping will be installed and it will be installed um professionally and um aesthetically, you know, uh pleasant. Uh this is new construction,
so it's um you know, it's it's going to be very nice. And if for any reason I sell the property or I want to add something to the property later on, I would have to go through this if it encroached, you know, if I needed that,
you know, another variance. So everything would be done correctly. Um I don't foresee anything. Um I'll probably be broke afterwards. So um yeah, that's all I have to say. >> Thank you. Have a seat.
>> Thanks. Goodness. >> Do we have a motion? >> Is he allowed to say >> I make a motion to approve the variance as depicted in the survey with the revision date of 1210
25. >> Do we have a second? >> A second. >> Any discussion? No. >> No discussion. >> No. >> All right. Guess what? I'm going to read you six. >> What? >> I do hardship. Number one, the special
conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three,
that granting the variance requested will confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. Four, that literal enforcement of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. Number five, that the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure. Number six, 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 injurous to the area involved or otherwise detrimental to the public
welfare. Board members, do we have a vote? I I >> I I variance is granted. Congratulations. Thank you. >> I think that's about it. We're done. >> We're done.
>> Recognizing no other applicants, that concludes our agenda for today. to declare this meeting of the Bvard County Board of Zoning adjustment for 21826. We've got uh >> still active. >> We're not
No, because what Billy said is for any of the board members that are not here, they can go back and watch the video. >> I think we're making a decision. I think he was just going over. >> True. >> Yeah.
>> Oh, I the whole time. Okay. So, we the our last board of adjustment meeting um we asked >> about that. >> Thank you. So at the last board of adjustment meeting, we asked um that we wanted to
provide you with some discussion of um for board of adjustment about applying variances and things like that. So we want to keep it live so that your other board members that are not here today, they can go back and watch the video.
But we would also be willing to do have the discussion over again in person as well, but we want to make sure it's available on video, too. Is that okay? >> I think it would be better if we postponed it until we had the other board members here.
I mean, we only have three people here. >> Who's who's actually missing besides Bill? >> Sonia. >> Oh, Sonia. Yeah. >> Yeah. Yeah. And either way, they can adjourn the
meeting, the official meeting, and then you guys can decide whether to >> have the discussion or not, right? >> Recording goes off and Sonia and Bill wouldn't be able to watch, >> right? It is the reason we're wanting to keep it going.
Well, let me ask. Is it is it something that's a necessity right now for just the three of us as opposed to all five or >> I mean, it doesn't matter to me. I'm allowed out. So, >> I just believe that with Bill and uh
>> Sonia. >> Yeah. And Sonia, >> we need to have them be listening to it and provide questions. Otherwise, they're looking into recording. you're >> they can't provide their comments. >> Yeah, I absolutely agree with that. Thank you, Dr. Bass. >> Okay,
>> so absolutely we can go ahead and postpone this until your other two members are available. >> Okay, >> thank you for your comments. Very good point. >> Go ahead. >> I declare the meeting of the Bvard County Board of Zoning and Adjustment
for 218 20226 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, 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. Hey, hey, hey.