Heat. Heat. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and justice for all.
Uh this this board constitutes five uh members, one from each of the uh county's uh five districts. As it turns out, our chairman and vice chairman elected uh during during the first week
of January are indisposed today. So, um, as a past chair, I'm willing to step up, but I need a motion to, uh, appoint me as temporary chair for today. >> I make a motion to appoint Bill. >> I'll second that. >> Go ahead and make the
>> I make a motion to appoint Bill Hoffman as chair today. >> I second that. >> Okay. Uh, any discussion? No. U, all in favor say I. Hi.
>> Any opposed? No. Okay. Um, so as a temporary chair for today, I now call this uh meeting of the uh Bvard Bard County Board of Zoning Adjustment to order for the date of uh 17th of December, 2025.
Uh first order of business will be to approve the minutes of the last meeting. Um, do I have a motion to approve the minutes? >> I make a motion to approve the minutes. >> I second. >> Okay. Any discussion? >> No, sir. >> Uh, all in favor say I.
>> I. >> I. Any opposed? >> No. Okay. Uh, any staff announcements of any kind? >> No. >> No. All right. Good. Um, so, uh, Mr. Bod, could you do our first reading,
please? The function of the board. Yes, Mr. Chairman. The board of adjustment is a quasi judicial body established by the board of county commissioners under chapter 62 article 2 division 4 of the Bvard County Code. The board of adjustment is empowered to hear the
request 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 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 nine items on your agenda today. >> Thank you, Mr. Bro. Uh, Miss Clemens, could you uh read our second reading,
the definition of an undue hardship? >> Sure. an undue hardship. A variance may be granted when it is not to be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and
undue hardship. The term undue hardship has specific legal definition in this context and essentially means that without the requested variance, the applicant will have no reasonable use of the subject property under existing development regulations. Personal medical reasons shall not be considered
as grounds for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where the land owner cannot yield a reasonable use and/or reasonable return under the existing land development regulations. The applicant
must a must answer a variance hardship worksheet with six questions. The board of adjustment will discuss these questions today with each applicant who has requested a variance. >> Thank you. Uh I will now uh address the
uh the board and our uh audience today on the procedures that we're going to follow for this board meeting. Um, the board of zoning adjustment as a quasi judicial board with members appointed by the Bvard County Board of Commissioners will utilize Robert's
rules of orders to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their initial presentations. Once the applicants have completed their that presentation, we will begin board questioning with the board member who represents the
applicant's district. When concluded, questioning is open to the full board. The 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 once and only once. So, be complete and concise. Uh at the conclusion of that public comment, the applicant will be given
additional time for any rebuttal as well as to present their final comments. Once completed, no further action will be heard from the applicant or the public. The action then moves to this side of the board for board 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 personal and otherwise 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. You can please fill it out and uh return to the clerk. So, are there any questions regarding these procedures from the audience?
Are there any questions regarding these procedures from the board? Uh hearing seeing none, I will now ask uh Mr. Bod to present our first application. Yes. Item H1, Robert McConnaville,
request variance of chapter 62, article 6, Bvoulevard County Code for principal structure in an RU-1-11 zoning classification. Application is 25V 000057 located at tax count number 2438217
in district 2. >> May I have your name and address for the record, please? >> Robert McConville, 1400 Island Drive, Merit Island, Florida 32952. >> Okay. You raise your right hand. Do you swear the testimony you're giving us today is the truth? >> Yes.
>> Okay. How can we help you? Uh, >> I was just requesting a variance to uh do some renovation on my house. Um, extending the master bedroom and closet uh to the front of the house towards the
street to increase the size of the closet and uh renovating and creating a new master bath. The amount of footage I need to
accomplish this um is about 9 ft into the setback. And that's basically about it. It just uh the house is built in 1967. It's a wonderful house. Um, but things
are a little different and the closet and the bathroom are extremely small and the setback just doesn't allow for expansion without permission. >> Okay.
Your uh application arises in uh district 2 which is represented here by uh Miss Cleven and you may proceed with questioning. >> Um are you having to change any kind of cross work or anything.
>> Um so the front of the house is um cement. So um we're just going to basically um >> just bump >> create a doorway and then build out from that. >> Okay. >> So we won't be changing any structure
other than creating an opening to uh increase the size. >> Okay. I live in Merit Island. did the exact same thing to my house. >> I don't have any other questions. >> Okay. I was just looking to see if we
had received any correspondence or anything on that. >> Um Dr. Bass, do you have any questions? >> Yes, just a simple one. I'm looking at the overview shot here. Yes. >> So, you have the driveway here. So, then it would be if you're looking at this
picture, it's going to be on the right hand side. >> That would be correct. Okay. Coming out towards the sidewalk. >> That That's correct. >> Okay. Great. Thank you. >> Let me just clarify in my mind. Is this a side setback or a front setback? >> Front.
>> Front. Okay. So, it doesn't really impact the side neighbors. >> No, sir. >> Okay. >> It would remain along the current um uh line of the house. Okay. >> And we're just moving forward. Um
the closet is you know just a little little thingamajig and you know it's small shower and bathroom and >> no >> just like to increase the the square footage that's all >> make it better for the make it handicap as well you know. So we're going to open
it up that way because we'd like to have it to be our forever home and whoever gets it after us it'll be good to go for them as well. >> Okay. Very good. Um, I have a procedural thing I need to do. Could you just uh step aside? >> Yeah. Or take a seat. Well, anyway, is
there anyone in the audience who wishes to speak in favor or against this uh adjustment application? Uh, seeing none, come back. >> Okay. Thank you very much. I appreciate the opportunity. Hope you have a merry Christmas.
>> Okay. Thank you. Um, Miss Clemens, would you like to make a motion? >> Um, yes. I make a motion to approve the variance as requested, um, but limited to the approval as as depicted on the survey and the proposed plan provided by
the applicant. I don't see a date on the survey, but >> it may be cut off. >> I don't know. Normally, it's right here. >> Yeah. Do I need to say date? >> There's no date on here, so no, that's
fine. >> Okay. Do we have a second? >> Yes, I will second that. Thank you. >> Okay. Any other discussion? All right. As another part of the procedural things, I need to read the u six items that define an undue hardship.
that special conditions and circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance
requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable
use of the land building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With
those six uh criteria in mind, I will now call the vote. All in favor of the motion to approve say I. >> I. >> Any opposed? All right, your application is approved. Wherever he went, there he goes. Okay,
Mr. Bod, could we have the next applicant, please? >> Yes. Item H2, Matthew V and Len Rover, request variance to chapter 62, article 6, Bvoulevard County Code for an accessory structure in an RSR zoning
classification. Applications 25V000068 located at tax account number 2416935 in district 2. >> Okay. Could I have your name and address for the record, please? >> Matthew Rover, 1800 Crawford Avenue, Merit Island, 32953.
>> Do you swear the testimony you're giving us today is the truth? >> Yes. >> Okay. How can we help? >> I'd like to put an RV port up uh on the side of my house um to protect my RV. Uh there is a current pad there, but I'd
like to make the port wider than the pad is. So, I'm asking for a six and a half foot variance because the pad is 12 feet wide and I like to get an 18 foot wide port so I can open up my slides on my RV and it protected from the sun. That's
faces the south. >> Um, >> I have a question. >> Okay. Yeah, Mr. So my only question is based on this survey, it looks like the pad is >> you're extending it by six feet south. >> Yes. >> Is that correct? Okay.
>> But the overall length of the pad is essentially the same. >> Yes, it's going to be the same. >> And that was there prior to your ownership. >> Okay. >> I don't have any other questions. >> Okay. >> Yes. So if I look at this picture here,
the overhead shot, uh, we have this pad that's goes along here and this is the one that you want to expand. >> Correct. >> Okay. Very well. Thank you. >> My only question is what is on the opposite side of of your boundary there?
Is it >> septic? >> Well, no. Is it street or neighbor? >> So, it's a street. Okay. >> Okay. Um little procedural thing I have to ask for. >> Oh yeah. Comment.
>> Is there anyone in the audience who wishes to speak in favor or against this application? >> Seeing none. >> Any last comments? >> Nope. It just uh it's been a long process. Started back in September. >> Well, that's nothing.
>> Well, we won't we won't make comments on that. >> Um thank you. >> Okay. Thank you. So, Miss Clemens, >> I make a motion to approve the variance as requested, but limited to the the approval depicted on the survey and
proposed plan provided by the applicant. >> Second that motion, please. >> Dated 82825. >> Where am I seeing? Oh, >> okay. Thank you. >> Okay, we have a uh motion to approve and
a second. Um, Miss Clemens made the motion. Dr. Bass seconded. Uh, do we have any discussion? >> No, sir. >> Okay, that was pretty quick. Now you put me to work. I have to read these six items every time. Um,
in order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning at classification. that the special conditions and
circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. that literal enforcement
of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance grant is the minimum variance
that will make possible the reasonable use of the land, building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that use and that such use variance will not be injurious to the area involved or
otherwise detrimental to the public welfare. With these six criteria in mind, I now call the vote. All in favor of approving the motion say I. >> I. >> Any opposed? The application is approved.
Mr. Vodie, could we have our next applicant, please? >> Yes. Item H3, Jeffrey W. and Kathy L. Taylor request five variances of chapter 62, article 6, Bvoulevard County Code for fence height and accessory structures in a TR-2 zoning
classification. Applications 25V000069 located tax account number 2310 974 in district 1. Thank you. Uh, could you state your name and address for the record, please?
>> My name is Jeffrey Taylor. My address is 5988 Cedar Lake Drive, Cocoa, Florida. >> Okay. >> Do you swear that the testimony you're giving us today is the truth? >> I do. >> Okay. Please. >> Uh, well, the first variance is about
putting up replacing the sixoot fence with a section of 8ft fence. Uh, I have a pretty unruly neighbor. The property has had multiple violations.
There's people living in campers with no electric or water. There's another guy living in a shed in the backyard over there. The countyy's finding them. They say that, you know, nothing else they can do. Civil matter.
So, what I would like to do is put up about 120 ft of 8ft fence to block >> all the when we when we moved in,
there was probably 50 jugs of human waste all around the camper. So when I filed the complaints with the county, they came in, told him he couldn't live there. He had to leave. Of course, he never left, but he had to clean
everything up. Unbeknownst to me, he dumped that all over the fence under my side of the uh I'm just trying to prevent stuff like that from and and out of sight, out of mind.
All right, so that's that one. And then the other ones are pertaining to the storage buildings which were all there when I bought the property. And I, you know, one 7 ft or almost 8 ft off the property needs to be 10. And the
other storage building is only four feet between the house and the Oh, and then there's the square footage of too much storage. Okay. Um, your application arises in district one, which uh your your district one
representative isn't here today. So, as a chair, I I will assume that uh first uh rule. If I'm trying to summarize it now, we have a fence issue you want to make taller. We have the square footage of a
storage shed that already existed. >> Yes. >> That you're trying to legitimize, >> right? >> And then we have I think it's three different setback. >> Well, the the setback on the building behind the house supposed to be 10T. It's 7 foot7.
>> Mhm. And then the shed to the south of the house, there's only four feet between the the buildings and there's supposed to be five. >> Okay. >> Also, that shed that has the 4ft separation distance requesting that
variance. That one has a 6 foot variance. Did it's supposed to be a 10-ft setback also. It's 9.4. >> Way he said. >> Okay. Let me um Okay. Is that
>> That's it. >> Okay. Um I I now need to kind of pull my board members here. >> Sure. >> Do you want to try and do this all as one motion or would we have to break it up into portions? >> One motion, please. I prefer
>> see any reason why we need to break it up, >> sir. Any reason we can't do just one motion? Okay, good. Um, so as chair, I cannot make a motion, but I can only second one. So if one of you could decide if
you are in favor of this enough to make a motion. >> I make a motion to approve to approve all five variance requests. Um, limited to the approval as depicted on the survey provided by the applicant. >> Did you ask if there's anybody in the audience?
>> In the audience. >> Darn it. >> I didn't read my own list here. I'm sorry. You need to step aside. Thanks, Paul. Sorry. >> Is there anyone in the audience who wishes to speak in favor or against this application? >> Thank you, Mr. Bod. We need to stay with
stay on uh stay on process here. Uh any anything else? >> Uh >> okay. Thank you. >> Good to go. >> All right. Now, we can make a motion. I make a motion to approve all five variances as requested but limited to its approval as depicted on the survey
provided by the applicant with a date of 118 2022. >> Do we have a second? >> Yes, I will second that. >> Okay. Do we have any discussion? >> No discussion. You're welcome. >> I ju uh I would like to make one
comment. Uh this is not in my district but uh in the last few months uh it came up in my district a very similar situation and the raising of the fence
was is a very realistic uh request. Uh it's about the only thing that you're able to do in this particular circumstance. So, I do understand what position you're in based upon the experience that I've had in my district.
>> I appreciate it. >> Thank you. >> I I do have an additional question. You don't need to get up. >> Um, is the construction of the uh 8-ft fence similar to the existing 6-ft fence? >> Yes.
>> It's they're both block or >> fence. So they are of the uh I have to say it into my they are of the uh similar construction materials. Okay. Thank you. Okay. Well, we have a motion and a second. Any other discussion?
Okay. Let me uh pause while I read the uh six approval criteria. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. that special conditions and circumstances exist which are not applicable to the other land,
structures or buildings and the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings, or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and
constitute unnecessary and undue hardship on the applicant. That the variance grant is the minimum variance that will make possible the reasonable use of the land, building or structure. that the granting of the variance will be in harmony with the general intent
and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor of approving the
uh uh of yes, approving the motion to approve, say I. >> I. >> Any opposed? Your application is approved. >> Thank you very much. Okay, Mr. Bodie, could we have the next applicant, please?
>> Yes. Item H4, Lindy Services, Inc. request variance of chapter 62, article 6, Bvoulevard County Code for the front setback in an IU-1, zoning classification application 25V000071 located at tax account number 21
3214 in district 1. I know for a fact that none of you are Kim was not here >> to come today. >> She comes often. >> Yeah. >> Um >> are all three of you going to speak?
>> Two of us. >> Two. Then I need to swear in individually you two. So first name and address for the record. >> David Jagielski, 175 East Park Drive, Tanowanda, New York 14150. >> Okay.
>> Good afternoon. Chris Oso with Kimy Horn 7341 Office Park Place, Melbourne, Florida 32940. >> Okay, we can do this as one thing. Do you both swear that the testimony you're giving us today is the truth? >> Yes. >> Yes. Okay. >> Um, we don't have any authorization form
for either one of y'all. We only have one from Kim Rosena. So, without those, we aren't going to be able to be heard. Even though I'm employed by Lindy directly.
>> We have Brian Morgan is the director of the real corporation for Lindy Inc. >> Real estate. Yes. >> And he's the one who's uh authorized Kim Zena. So how are you uh related to the company?
>> I'm the director of capital uh and productivity for the east region of the business. this uh project that we're here to talk about is >> Are you part of the Lendy Corporation? >> Yeah, I am. I'm a Lindy employee. >> You're you're
in the incorporation papers. >> Pardon? >> Are you part of the incorporation? >> Oh, I I don't know that's the case. >> Now, we wouldn't be able to listen hear you unless you're uh authorized by somebody who's one of the uh directors of the corporation.
So, we're going to need to probably table this since Kim isn't here today or Brian Morgan isn't either to authorize y'all. >> If I can get Brian Morgan to send us something now, is that >> Does that work?
>> To do what? If I can get Brian Morgan to complete whatever paperwork you're talking about, can we be heard at the >> If you want to table this till the last uh item to see if they have time to do that, >> we we can offer to put this on as the last item on the agenda today.
>> Okay. >> As long as you get authorization satisfactory to staff. >> And what would is that it's the same form that he filled out for >> for Camera Zanka. >> Okay. >> Yes. I will uh work on getting that. >> You'll probably have about an hour.
>> Okay. >> Mr. Bodic, can we email you that directly? >> Um >> Well, where does it need to go? >> Yeah, you can email it to to Yeah. to uh Kristen here. >> Go ahead. She'll make arrangements for
you. >> Okay. So, I don't Do we need a motion to table to the end of the agenda or we can just adjust? >> Okay. Um, just a quick motion to uh table the uh item until the last part of the agenda.
>> I make a motion to table the item until the very end of the agenda. >> I'll second that. >> Okay. Uh, all in favor? >> I >> Okay. So, we'll we'll move number four to behind number nine.
I think it's nine. Okay, with that uh suspension, let's uh Mr. Bod, could we have the next applicant then? Yes. Item H5, Dale O' Conor and Patricia Riera,
request three variances of chapter 62, article 6, Bvoulevard County Code for an accessory structure and the fence height in an RU-1-9 zoning classification. application is 25V 000072
located at tax account number 2311276 in district 1. >> Okay, thank you. >> Good afternoon. >> Could I have your name and address for the record, please? >> Yes. Monica Pritchard of Goldman Thcker and Betine. Our address is 96 Willard
Street, Sweet 302, Coco, Florida 32922. >> Okay. Do you do you swear the testimony you're giving us today is the truth? >> Yes. >> Okay. And >> I represent D Connor and Patricia Rivera. They are requesting three
variances. They have a shed that was been on the property for over 15 years. They've maintained it in good condition. Um unfortunately, it is does not meet the setback requirements. We've already gone through the process of having the
public easements vacated for the shed. Um the variance that's needed for the shed is very small. I believe it's, you know, less than 2 feet um on the north and the east side of the shed. Um and then similar to a situation that you
just heard earlier, we have a um issue on this property with a neighbor with shipping containers, very unsightly shipping containers that are located right next to the south side of my client's property line. Um the county is
involved. Um but fences would make very good neighbors. So we are requesting an 8-foot um variance on one side of the fence. My client intends to replace the entire fence. Um and it's just waiting
on approval hopefully for this variance in order to do 8 foot on the south side and right in the front where the gate is. >> Okay. Uh your application arises in district one. um your uh representative is not
here today. So, as chair, I'll I'll pick up those duties. Um and I'll start the questioning. Um number one, what material are you using for the fence? I >> The fence is currently wood and they're replacing it with wood. >> So, it'll be a wooden fence, >> correct?
>> Okay. Um have you been in contact with that property owner to see if they have any objections? the neighboring property owner, >> the one with the containers. >> Do they have an objection to this
application? >> I am not aware of any objections. Unfortunately, there's a deteriorated relationship between my client and the neighboring property owner. Um, so this has been posted in front of their yard
and they've received notice if they would like to be here, they could be here. >> Okay, good answer. um the the other variances with the small variances with the shed and stuff. Similar question.
>> Um have the neighbors expressed any reservations on this or >> none since filing? >> Okay. Uh that was an open-ended question. What about before filing? So,
my client um issued a code violation on the neighbor due to the shipping containers. >> Oh, I'm talking about the the other the shed. >> Correct. >> Okay. >> And so that neighbor then um instituted
a complaint against my client for anything they could find, the shed, um the fence, anything. So currently my client is in the process of trying to lawfully correct any code violations on
their property and would like to proceed on as peacefully as possible because they would like to stay in that property. >> Okay. So the the issue was brought up by the neighbor that's not on the corner where that shed is.
>> Correct. And my question is, do the people that are on that corner? >> No, >> they they have not. >> No, nobody that's truly impacted minds. >> Okay. All right. Um, that's all my questions and open it up. Did anyone else have
>> Just for clarification, you're just trying to legitimize the shed in addition to the fence? >> Yes. >> Okay. They're trying to legitimize the shed, but they're also trying to put an 8-oot fence for privacy against the property to the south that has the code enforcement problems.
>> So, there is an active code enforcement or on the neighboring property >> on the budding property to the south. Yes, for having commercial equipment, too many uh sheds, I think all kinds of >> codes. I have no questions. Seems like a legitimate request.
>> Okay, Dr. Bass, >> I have no questions. It's the 8ft fence seems to be an answer. >> Yes. >> Okay. Procedurally, I need to ask the Is there anyone in the audience who wishes to speak in favor or against this
application? Nobody jumped up. So, you return. Uh, any last comments or >> No. If nobody has any questions, thank you for your time. >> All right. Thank you. You can have a seat.
Um, >> I'll do the motion. Sure. >> Okay. >> Uh, I will make a motion to approve the variance. Actually, the two variances as depicted three. >> Three. >> Oh, I'm sorry.
>> Two setbacks. >> Three. The third one. the three variances as depicted in the survey with the revision date of 78 2025. >> Your eyes are better than mine.
Uh do we have a second? >> A second. >> Okay. Uh any discussion? >> No. >> No discussion? >> No. Seems pretty straightforward. Okay. All right. I will read the six criteria.
In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. That
the special conditions and circumstances do not result from the actions of the applicant. that granting the variance requested will not confer on the applicant any special privilege that is denied by the 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. that the
variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise
detrimental to the public welfare. With these six criteria in mind, uh board members, I call the vote. All in favor say I. I. >> Any opposed? The motion passes and your application's approved.
Mr. Bod, may we have the next applicant, please? Yeah. Application H6. Uh, MC Saw Living Trust request variance of chapter 62, article 6, Bvoulevard County Code for a principal structure in an RU-1-7
zoning classification. Application is 25V 000078 located at tax account number 2304875 in district 1. >> Okay. May I have your name and address for the record, please?
>> Steven C. Shaw, 5690 Falcon Boulevard, Coco, Florida 32927. >> Okay. Do you swear that the testimony you're giving us today is the truth? >> Yes, sir. >> Okay. Um, please. Um, I'm requesting a variance of 2.9 ft
on my primary structure that was existing when I purchased the home in 1997. Apparently, it was a small oversight and we discovered it when I was applying for a building permit to add a garage to my property and I would just like this variance so I
can continue on with the building permits for the garage. >> Okay. your application arises again in district one. Uh your uh representative for district 1 is not here. So I will take up those uh duties here temporarily. Um
this 2.9 ft from the 20 foot front setback. Now that's the existing structure, right? >> Correct. >> Now is and you want to build a garage, >> correct? And that is that uh in line with the front of the house or >> the garage will be on the west side of
the current structure. >> I actually own all the way to the street. I'm on a corner lot. >> Mhm. >> And it will be 20 ft from the setback. So the building that I want to build will be compliant. >> Okay. Okay. I just want to clarify that.
So really you're just you're just trying to legitimize an existing condition. >> Yes. since I've owned it. >> All right. Well, that that happens. >> Yes, it does. >> Um, that concludes my questions. Does anyone else have any uh questions?
>> No, it's 1997, so things have changed. >> And the house was built in 83. >> Oh, >> yeah. >> Back when the setback was 25 ft. >> Okay. >> So, it was still too close. >> That even still makes a difference. It's definitely >> Somebody wasn't doing their job that
day. Um, it was a lot more lax back then. >> Yeah. Uh, okay. I do need to do the procedural thing. Um, is there anyone in the audience who wishes to speak against or in favor of
this uh application? >> Yes, sir. Uh, go ahead and have a seat. I just have a question. >> Uh, you'll need to come up, swear in, all that. So, I need your name and address for the record. >> Uh, Richard Varga, 7160 Freeport Road,
Coco, Florida. >> Okay. Do you swear that uh testimony you're giving us today is the truth? >> Yes. >> Okay. You said you have a question. >> Yes. I've just And the only question is the height of the garage.
you um and let let me let me check with staff. Is the height of the garage a zoning issue? We have a minimum I mean a maximum height uh 35 ft over the average grade of the buildable site and that
would be to where the trusses would be supported by the tie beam. So that's how high he could build. >> Okay. >> I'm not sure how high he is proposing it though. He might be able to answer that question for you. >> Yeah, you you guys aren't in uh conflict
or anything. >> If you're gonna speak, you need to speak into the microphone. >> It's okay. You've already been sworn in. >> The proposed garage is a singlestory garage, threecar with roof trusses. I believe we're under 16 ft total height
from the top of the roof trusses to the grade. >> Sounds reasonable. >> You good? >> Yes. Yes. Um, yeah, he he probably if he's a neighbor, he understands why I'm asking because we have other neighbors that built literally 30 something. I don't know.
>> Twotory garage. >> Yeah, >> two two of them on on one property built. So, I'm just And it's right is on the other side. And I just want to make sure, but that's helpful. Thank you. >> Okay. >> Yeah. You didn't speak into the microphone. I don't know if it picked it up, but that's fine. Okay. You can return to the Is there anyone else?
No. Okay. Sorry. Any last comments or anything before we? >> No, I just appreciate a okay on this variance so I can move forward and get my garage built after three years of doing this process. >> Okay. Thank you.
>> Thank you. >> Okay. Um I need a a motion to approve or disapprove. I make a motion to approve the variance >> as depicted on
>> as depicted on the survey dated 26 2024. Okay. >> Do we have a second? >> I second. >> Okay. We have a motion by Dr. Bass, a second by Miss Clemens. Um, any further
discussion? >> No, sir. >> Seems pretty straightforward. It's legitimizing a ancient >> condition. All right. Um, if we have no more discussion, I will read the six criteria
before we take the vote. Uh, in order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the
applicable zoning classification. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the 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. That the variance granted is the minimum variance that will make possible the reasonable use of land building instructor. that granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to
the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor say I. >> I. >> Any opposed? The motion passes and the application is approved.
>> Mr. Bod, could we have the next uh applicant, please? >> Yes. >> Item 87, Frederick A. Shown. Not sure if I wrote spell pronounced that right. Request variance of chapter 62, article
6, Bvoulevard County Code for a swimming pool and screen enclosure in an SEU zoning classification. Application number is 25V 000079 located at tax account number 252089 in district 2.
>> Okay. Would you state your name and address for the record? >> Uh my name is James Bushnell. Uh it's 320 Wayne Avenue, Indie Atlantic, Florida 32903. >> You can adjust that microphone just a little bit closer to you. Good. Um,
do you swear the tell uh do you swear the testimony you're giving us today is the truth? >> Yes. >> Okay. Uh, please present. >> I I am the uh pool pool contractor for this proposed project and the unique
thing about this piece of property is the address is 4727 South Tropical Trail, but the house does not face tropical south tropical trail. The house faces south, which puts my the only practical place
on this property to put a pool is on the east side of the house, which puts it on the tropical trail side. Uh the other three sides are just not there's not enough room. There's a septic tr tank in the way. There's
driveways and garages on one side. So, it's really the only practical pace place to put it. Um the house is over 250 ft from the from the road. It's not visible from the road and the pool in
the screen will not be visible either. So that's my situation. So okay. Um your application arises in district two. Miss Clemens, you have the uh floor
for questions. I really don't have any questions. I think you did a great job presenting it. >> Okay. >> Yes, I have I I have a a question. I'm looking at the drawing here now. Is this
going to be on the river side of the road? It looks like No. >> Or is Okay. Because I was concerned there's mangrove trees there and you'd have to get permits to have those removed. No, the house is on the uh on the west side of >> the west side. Okay. So, it would be on
the west side of South Tropical Trail, but not on the Well, you can't put it on the other river because there's a house behind you. >> Yeah, it's on the west side of Tropical Trail, but it's on the east side of the house. >> Okay. >> Which >> it's going to >> Yeah. Okay. All right. I just wanted to
to make sure that we weren't getting into environmental issues, the mango trees. >> Okay. >> Yeah. My only comment is I'm looking at the survey here and you're right. It the the house the house functionally faces
south. Correct. >> But due to the zoning and whatnot, it calls out >> correct >> the side u the east side as the frontage. But >> it's a large piece of property, but there's really nowhere other practical place to put a swimming pool.
>> It's Yeah, that's Yeah. >> And it's so far from the road, no one's ever going to see it. >> Right. >> Fortunately, you've got the privacy you need. >> Yes. >> Okay. Uh procedurally, I need to ask for
comment. Is there anyone in the audience who wishes to speak in favor or against this application? Seeing none, uh, any last comments? >> Uh, no. No, sir. >> Okay. Thank you. >> Thank you.
>> Okay. U Miss Clemens, would you like to make a motion? >> I make a motion to approve the variance as depicted on the survey provided by the applicant with a date of 872025. I'll second that. >> Okay. Um any further discussion?
>> Oh sir. >> Okay. Uh I will read the uh six criteria for approving a a variance application. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist.
That special conditions and circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification. that the special conditions and circumstances do not result from the actions of the applicant. That granting
the variance requested will not confer on the applicant any special privilege that is denied by the 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 provision to 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 land building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and as such use variance will not be injurious to the area involved or otherwise detrimental
to the public welfare. With those six criteria in mind, I will uh call the vote. All in favor say I. >> I. >> Any opposed? >> Your application is approved. >> Um Mr. Bodie, can we have the next
applicant, please? >> Yes. Item H 8, Kelly Family Revocable Trust Agreement request two variances of chapter 62, article 6, Bvoulevard County Code for a boat dock and RU-1-13
zoning classification. Application is 25V0000 81 located at tax count number 2431907 in district 2. Okay. You can adjust the microphone
there for your your >> Good afternoon. >> Okay. >> My name is Rita. >> Go ahead. I need your name and address for the record. >> Okay. My name is Rita Kelly. I live at 1760 East Central Avenue in Merit Island,
32952. I'm here seeking >> Excuse me. Yes. >> I need to swear you in. >> Oh, yes. >> Do you swear that the uh testimony you're giving us today is the truth? Yes. >> Now you may proceed. >> Okay. >> Okay.
>> I'm sorry. I'm nervous. >> Um don't don't be nervous. We're people just like you. >> I know you are. >> And so take a deep breath. And uh >> I'm here seeking a variance on a boat doc that uh was washed out by Hurricane
Irma in 2017. It was rebuilt. um apparently not according to the original permit. And I didn't realize that until recently. I'm trying to upgrade my boat lift and that's when Mr.
Bodie found the discrepancy. And um so it's been built, it was rebuilt in 2018, the boat dock. And apparently it's a little bit too far in the canal and it's a little bit too far towards the river.
Okay, >> you should have some pictures. There's one where the hurricane, you can see where the hurricane washed it totally away. Um, at the time my husband I'm a widow and at the time my husband handled all the construction and remodels and
stuff concerning the property. >> Okay. So, um, okay. Um, your application arises in district 2. Uh, Miss Clemens, start with questioning.
>> Um, so I guess I'm just curious. You already have the Oh, that's July of 21. I apologize. I'm familiar with your property. You have the big golden retrievers. >> Oh, she she passed away last year from Cushing's disease. she was 12, but I
still have my lab who's 10 years old. And I recently in August, I adopted a German Shepherd mix from um the South Bard shelter. And she she's a wonderful companion. >> Wonderful. >> I have someone looking after me.
>> You do? We drive by on our boat, so we see we see you quite often. >> Oh, thank you. Oh, >> um I don't have any questions. I guess I was just curious as to um how the dock got constructed without this request for variance in the original 2021, but
>> it met the uh requirements then whenever they built it, but as the uh applicant states that it was damaged by the hurricane and her husband had rebuilt it >> and and we didn't we didn't he was told that he didn't need I think he was told
he didn't need a permit because it was hurricane damage and it wasn't to the resident. Yeah. >> Okay. I apologize. I didn't catch that in the notes. >> Okay. >> I don't have any other questions. >> Any questions?
>> I just have a comment and and the one thing I look for uh on docks is does that impede other boat traffic in the waterway? And obviously this is not doing that. So >> no, >> there's no issue with what you already have.
So, >> I just want to get the boat lift installed. >> Right. Right. That was just my comment. That's what I look for. >> Uh, but this looks fine to me. >> So, this came up because you were applying for a permit for the boat lift.
>> Yes. I want I need to replace my boat lift. It's old. It's rusted. I got birds nesting up in the thing. And the the the cords don't work anymore. So, I have a really nice boat lift. In fact, it's already built and the factory is storing it for me until I can resolve this
issue. >> I I can see from the aerial photograph it it it's clear enough to show that there's a channel in the middle of the canal and your dock is well well it
doesn't impede the channel. >> There are some big boats down that canal there. I mean big boats, you know, like uh lures and stuff that and no one has had a problem or they know where I live.
They can always contact me. >> Um so a small variance here. I think it's 2 and 1/2 ft. Yeah, that that's not going to affect the There's also um some variances here for the uh square
footage I guess of the the roof. >> The roof >> uh I think let's see allowed 36 in total coverage allowed >> 36 over the dock covered roof. >> Oh, so it's 36 square feet over the 600. Okay, that's the minimums.
Okay. Um, procedurally, I just need you to step aside so I can ask, is there anyone in the audience who wishes to speak against or in favor of this application? Seeing none,
Miss Kelly, is there anything else? >> No, I just want to get my boat lift installed. >> Okay. Thank you. >> Thank you. Be seated. >> Thank you. Um, >> I'm ready. >> Go ahead.
>> I make a motion to approve the variance uh as depicted on the survey provided by the applicant with a revision date of 10212025. >> I second that. >> Okay. >> Any further discussion? >> No sir.
>> All right. Um, so six criteria. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The special conditions and circumstances exists exist which are not applicable to other
land, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the 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
constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance which will make possible the reasonable use of land building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such
use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. So with those six criteria in mind, I will call the vote. All in favor say I. >> I. >> Any opposed? The applicant has left but uh the
application is approved. Uh Mr. Bod, could we have the next one? Next application, please. >> Yes. Item H9 Jason D and Carrie Lynn Trace request variance of chapter 62 article 6 Boulevard County Code for an
accessory structure in RU-1-9 zoning classification applications 25V 000083 located at tax account number 2308098 in district 1.
>> Okay. Are you both going to speak? >> Yes, sir. If necessary. Oh, okay. Well, let me uh let me get your name and address for the record. >> Robert Pate, 115 Manth Avenue, Coco,
Florida 329 32927. >> Okay. Go ahead. And >> uh Jason Trace 6027 Cardiff Avenue, Coco, Florida 32927. >> Okay. And all together now, >> do you swear to tell the uh truth to the board today? Yes,
>> sir. Okay. So, uh, tell us what you what you're looking for. >> We're seeking a variance for the accessory building that was built. It is roughly between 3 to 2 in in front of the existing house.
It was a detached garage. Okay. Uh your uh your application arises in district one uh which your representative is not here today. So I'll take up the duties of the initial questioning.
Did you say inches? >> Yes sir. >> Okay. Is that the only variance that you're looking for? Just >> looks like it's 3/10en of a foot in front of the principal structure by the survey. >> Okay.
>> Which is about 4 in. And I I'm seeing on the survey it says that you're removing some other structures which aren't part of the zoning, but I'm just >> Yes, sir. They they will be removed after the building is finalized so he can use the building.
>> So, this is replacing the storage of those other >> Yes, sir. >> Okay. U any questions from any of the other board? >> No, I have none. Okay. All right. Uh, procedurally, I need to
step aside. That's fine. Is there anyone here who wishes to speak in favor or against this application? >> Seeing none, uh, any last comments, words, >> arguments?
>> Okay. Thank you. You can have a seat. >> You or Dr. Bass? >> No, I have none. >> Okay. So we need we need them >> motion to approve the variance as depicted on the survey provided by the applicant with the revision date of 9242025.
>> I second that. >> Okay. Any further discussion? >> No sir. >> Okay. Uh I did ask for the audience, didn't I? >> You did. >> Okay. Just
All right. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. That the special conditions and
circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privileges denied by 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. that the variance grant is the minimum variance
that will make possible the reasonable use of land, building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With
these six criteria in mind, I will call the vote. All in favor say I. >> I. >> Any opposed? The application passes or the application is approved. Um
just in general, have you have you completed the >> They're good. >> Yeah, we're good. >> We're good right now. Do you want me to read it back in? >> Um yeah, let's do it. Yeah. >> Okay. Item H4, Lindy Services, Inc.
Request variance of chapter 62 article 6 Boulevard County Code for the front setback in an IU-1 zoning classification application is 25V 000071 located at tax account number 213214 in district 1.
>> Okay. Now again you two are going to I think we already went through this once but let's do it again. >> We can do it again. I really appreciate you working with us on this. >> Yes. Thank you. >> We're here to help. We're going to go through the whole procedure. So, go ahead and name and address. >> Eigielski, uh, 175 East Park Drive,
Tanawana, New York 14150. >> Okay. >> Chris Osa, 7341 office, Park Place, Melbourne, Florida 32940. >> Okay. Uh, all together now. Uh, do you swear that the testimony you're giving us today is the truth? >> Yes, >> I do.
>> Okay. >> I'd like to start. Um, so I represent Lindy. um inc. We are an industrial gas company that has a facility out on Hammock Road now in Mims. We supply uh industrial gases which really primarily
we make their oxygen, nitrogen, argon. It's really separating it from the air so that they can be in forms that are useful for um a lot of different um a lot of different uh companies. We supply medical oxygen. We supply nitrogen for
food and beverage. We support uh semiconductor um manufacturer. We support general manufacturing with argon for welding. And one of the biggest things that we do out at the MIMS facility is help provide um fuel for the
launches out in Kennedy. We've seen a really large demand increase based on the the launches that are happening out there and we are trying to expand our facility to double its capacity. We have uh a piece of property that's to the north of where we are now. We've worked
on getting all of our equipment to fit in the the site with doing the least impact to the existing environment there. There's some wetland issues that were um have created a very small area space that we can uh build our facility
in. and we are um 6 ft over on one of the offsets based on an additional right of way that we were asked to incorporate. So we're off of the road by a significant distance, but when this offset was asked for as part of our
planning process, it now puts the west part of our property six feet over this area. And I I will let Chris do more of the explanation of that, but we've really done a whole lot of work to try to not impact more of the site than we are. And we really haven't been able to
come up with any way to put this plant in here without this one small variance that we need. >> Okay. >> Uh thank you Dave. Um, and just to expand on what Dave was saying, um, as part of the, um, review process that we've been coordinating with, uh, with
the engineering staff, um, the current rightaway on Hammock Road is, um, is less than what the typical section is for the county for this rural road. Um, so as part of the approval process, Lindy is going to be dedicating about 20
feet of rideway um to the county and and they're also going to be improving that unpaved road to the current uh county um requirements for that type of roadway um there for the facility and as well for the uh constituents in the area. Um but
like they've said due to that um rightaway dedication um now that um offset from the uh new rideway line to where the trucks are going to be loading is insufficient by six feet and that's why we're here in front of you today um
hoping to get approval on that. >> Okay. Uh your application arises in district one. uh your uh normal representative is not here and as chair I'll pick up on the initial questioning. Um
you talked about the expansion of the right of way and I'm just asking how what so you had to widen the access road. I I >> so the um so Hammock Road in that area is intersected by WY Road which is the
connection to US1 >> and about and I don't have that exact measurement but let's just say 50 feet of it is paved currently which leads to the existing Lindy plant. Um and then now with this expansion there's going to
be a new driveway to the north and then now that section of Hammock Road is unpaved. actually Hammock Road to the north of there, further a lot further north, is unpaved. That's a a very rural area of Mims. Um so as part of this
project and with discussions with staff, um Bvard County wants to see that portion of Hammock Road constructed as like a true county uh road. But in order to do that, then we then you need to
have 70 ft of width of rightway, right? And there there's the the rightway varies. Some points it's 48, at some points it's 40. So as part of this approval process, um, public works and engineering is like, well, you know, we would like for you to dedicate right
away and also construct the road. So then that's kind of part of the process. You give that land and then you're able to build the road to the requirements of Bvard County's design criteria. So, let me let me see if I can state what the
the problem or what what the issue is. Um, your your initial layout or plant or whatever was okay with the existing rightway, but once they ask you for additional rightway, that's where the six foot
>> setback um differential came in. Mhm. >> So you're you were good for the old right away, but now you just need a variance to come closer to the new right away. >> Correct. You said you said it exactly right. >> Okay, that help. Yeah.
>> Um uh any questions from the other board members? >> No, that answered my question. Thank you. >> No, I had the opportunity to talk to Kim and she explained it to me. So >> Okay. Um, what was I? Oh, actually I have two
tangential questions. I don't know if they're really rel related to zoning, >> but you said you have you create gases that support the launches. >> Yes. >> Is it the propellant or we create oxygen which is the oxidizer for the propellant. So not not the propellant at this facility, not the
propellant directly, >> but it's in the rocket. >> But it's the oxidizer that goes in the rocket. >> That's really interesting. >> Yeah. Mhm. >> Um >> done done it since 1965 there. >> Yeah. The only other and it's more of a personal comment. Uh I always get Tanowanda
uh mixed up with I grew up in a near a town in Pennsylvania called To >> Tanda. Yep. I know Tanda. >> Anyway, that rang in my ear when you said that. Um I guess we have no more questions for these applicants. Is there anyone in the audience who wishes to
come on >> just for fun? Do you want to speak? >> I do have a question. >> Come come up to the microphone. >> I need to get your name and address and everything for the >> Jacob Bonnie, 26D Jones Avenue, Mims,
Florida. >> Okay. Do you swear that you're telling us the truth? Do >> you swear the testimony you're giving it today is the truth? >> Yes. >> Okay. Good. >> All right. My only question is so this only affects Hammock Road. This isn't
going to affect the setback doesn't mess around with Jones at all. >> No, I we we do have uh a rightway that we're we've been asked to give on the north side of our property to the south side of Jones. >> Okay. Oh, so you're giving property to to the Jones side. It will be
>> Okay. I forget this is 10 feet a 10 foot right away to the north side of our property just because I was in the middle of a driveway permit and they stopped me because they wanted to see what was going to happen here today. >> But I think it's fine. I think it's all good. Yeah. Okay. That was my only question. >> Road going up to Jones Road.
>> Exactly. >> Perfect. >> Thank you. >> That was it. Thanks. >> Okay. >> Last presentation. Anything? >> Okay. >> Thank you for letting us delay and present. We're uh we're a very uh
business friendly community here. >> Uh okay, take a seat, please. >> Um so I will read the six criteria >> for Oh, yes. Thank you. >> I make a motion to approve the variance
as requested and depicted on the site plan provided by the applicant. >> I second that. Okay, we have a motion by Miss Clemens and a second by Dr. Bass. Um, any discussion among the board?
>> No. >> Nope. >> Okay. Let me read the uh six criteria that you must keep in mind when you vote on uh whether to approve this application. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist.
that special circumstances and conditions exist which are not applicable to other land structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance
requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in 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. That the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure.
that granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor say I.
>> I. >> Any opposed? The a motion to approve the application passes and the application is approved. >> Thank you for uh doing more business in our community. want to keep growing.
>> Yes. Uh is there any other uh staff issues for this meeting? >> Not that I have. >> Okay. Legal. We're good. All right. And I declare this uh meeting of the board
of zoning adjustment for Bard County of December 17, 2025 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.