That's all. Hey. I pledge allegiance >> 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 now call this meeting of the board county board of zoning adjustment for Wednesday, May 20th, 2026 to order. Mr. Bod from the planning development office, please describe the function and operation of the board of zoning
adjustment to our applicants in the audience, please. >> Yes, Mr. Chairman. The board of adjustment is a quasi judicial body established by the board of county commissioners under chapter 62 article 2 division 4 of boulevard county code. The
board of adjustment is empowered to hear request for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9. Pursuant to Florida rules of appellet procedure, any person or persons jointly or severally 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 seven items on your agenda today. >> Thank you. Miss Clemings, please explain to the
applicants and audience the statutory definition of a hardship. an undue hardship. A variance may be granted when it will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result
will result in unnecessary and undue hardship. The term undue hardship has a specific legal definition in this context and essentially means that without the requested variance, the applicant will have no reasonable use of the subject property under existing
development regulations. Personal medical reasons shall not be considered as grounds for an est for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where the landover cannot
yield a reasonable use and/or reasonable return under the existing land development regulations. The applicant must answer a variance hardship worksheet with six questions. The board of adjustments will discuss these questions today with each applicant who
has requested the variance. >> Thank you. I will now address our board members, the applicants in our audience regarding the board procedures for today's hearing. The board of zoning adjustment as a quasi judic board with members appointed by the Bvard County
Board of Commissioners will utilize Robert's rule of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicant have completed their presentation, we will begin board questioning with the board
member who represents the applicant's district. When concluded, questioning is open to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's
application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to present their final comments. Once
completed, no further comment will be heard from the applicant or the public. The action then moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we're asking each speaker to be concise in what you have to say. It's important
that you stay on a 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 address card. Please fill it out and return it to the clock. Are there any
questions regarding these procedures for from the board members? No. Are there any questions regarding the procedures from the applicants? Seeing none from the audience, we'll move to our next order of business.
Meeting minutes, we'll go to the meeting minutes. Any changes to the meeting minutes? Nope. Seeing none. >> Motion to approve >> the meeting minutes. >> I make a motion to approve the meeting
minutes as uh presented. >> Thank you. >> I'll second that. >> Thank you. A motion's been made to approve and a second. Okay. Mr. Bodie, can we have our first applicant, please? >> Yes. Applica application H1 Donald and Lisa Jazinski
request two variances chapter 62 article 6 Boulevard County Code for an accessory structure in an RR-1 zoning classification applications 26V 000021 and is located in district 4.
>> Thank you. >> How are you? >> Good. Yourself? >> Good. Please raise your right hand. Do you swear and affirm that the evidence you're about to give this board of adjustment is the truth? >> Yes. >> Okay. Can you not have your first and last name, please? >> Donald Jensen. >> Into the microphone, please. I'm sorry.
>> Donald Jenski. My address is 2739 Harlock Road, Melbourne, Florida. >> Great. How can we help you today? >> Um, well, uh, board members, I want to thank you for your time today. I'm here for a variance because I want to build a workshop on my property. Uh this is
important to me because I'm a private pilot, but when I started my family and my business 30 years ago, I didn't have the combination of time and money to fly. Uh I am retired now and on my 30-year dream of starting to fly again.
Uh I need the workshop because what I could afford to uh buy as an aircraft is what's called an ultralight. That's a small plane. You assemble it in your own building. You store it there and you maintain it there. Uh my garage is not large enough uh to do that. That's why
you need the building. Uh when you want to fly your ultral light, you take it uh out of your building, put it on a trailer, take it to a grass strip, and then you fly it and then return it. Uh this is affordable to me.
So I need to build a workshop 24x 26 ft and it would be in the footprint of a building that was there and partially raised. And I don't know if you have this picture. Okay, you have that. So, if you see where the cinder blocks are, it's actually going to go right in that
footprint. That's very important to my wife and I because we want to have zero environmental impact. If we put it there, no trees, bushes, flowers, nothing has to be removed. Uh, so I need the variance because this
is 3 ft from our property line. In addition to that, technically I think it's in the front of the building. So, we have one neighbor on the property line and I did tell them about it and ask them if it's okay and they did sign this uh neighbor of acknowledgement if
you would like to see it. >> Would you like me to present it to you or >> No, that's fine. I don't see it. >> Do we have that document? >> Oh, okay. Give it to Mr. Bod. >> Yeah. After you get through speaking, we need to get that from you.
>> Okay. Thank you, Mr. Bod. So, that's why I need my variance. uh my dream of flight uh really rests on this and that's why I'm asking for the variance. >> Okay. Thank you. >> I see this is in Dr. Bass area. Would
you like to start? >> Yes. So, how do you once you get it put together, how do you get it to where you want to fly it? >> Well, these are small and it's a great question. Uh board member Bass. The
wings actually fold back. So you could put in a building, >> then you put it on a trailer and you drive it to a grass strip when you want to fly. >> So you have to have a place to store it and you have to have a place to assemble it. >> Well, I don't think your construction
would take a lot of noise either for your neighbors, right? I mean, it seems like it's a pretty quiet hobby. >> Yes. >> Okay. And you don't have many neighbors close by anyway.
>> That is correct. And I wouldn't be flying it from my property. You drive it off to a grass strip where you're going to be flying it, >> right? I was wondering that. You know, some people go down their driveway, right, and take off. We don't want to do that. Okay. I don't have any other
questions for this candidate. >> Any other questions? I just need clarification. The shed you're referring to that's existing, I'm assuming, is this yellow and brown one. >> Uh that's uh the shed that's on the property right now. And if you could see
the outline of the cinder blocks, there was a building there that must have been raised before we got the property. And so we're going to put the shed right in the same footprint where the workshop. >> Correct. But the shed that's sitting there is the one you're referring to.
>> That shed's going to be taken down. A shed will be taken down. >> Correct. >> No further questions. >> Okay. >> Anybody else? Anyone else? >> Okay. Just step to the side. I'm going check with the audience. Is there anyone here that would like to speak on behalf
of his variance? Seeing none, Dr. Bass. >> Yes. discussion. >> I'll make No, I don't have any other questions. >> Okay. Discussion
motion. >> You may make a motion. >> I make a motion to approve the two variances as depicted in the survey which is dated February 4th, 2026.
>> We have a motion to approve by Dr. Bass. Do we have a second? >> I'll second the motion. >> We have a motion to approve by Dr. Bass. A second by Mr. Hoffman. >> Discussion. >> Any discussion?
>> No. >> No. Okay. We'll do an individualized vote. Mr. Hoffman, >> vote to approve. >> Miss Dr. Bass, >> I vote to approve. I vote to approve, Miss Clemens. >> I'll vote to approve. Your variants have
been passed. Thank you. >> Thank you so much. >> Can we get those uh documents that you wanted to show, sir? >> Sir, sir. >> Sir, >> yes, I'm help. Thank you, >> Mr. Bod. Can we have a next applicant,
please? >> Yes. Item H2, Island Cremations LLC, request two variances of chapter 62, Article 6 Boulevard County Code for setbacks in a BU-1 zoning classification. And the application is 26B 000022
located in district 2. >> Okay. >> Good afternoon. >> Good afternoon. >> Can you raise your right hand, please? Do you swear to tell the truth? >> I do. >> Your first and last name, please. >> Matthew Sabatino.
>> And your address? >> Do you want my address or the project address? Cuz I'm not the owner. I'm the like representative. >> Okay. You're speaking on behalf of >> Yes, ma'am. >> You are who? >> The contractor. >> And what is your name of the contracting company?
>> Sabatino Construction Group. >> Okay. >> But the address for the job is 405 South Courtney Parkway. >> Okay. Thank you. >> You're welcome. >> How can we help you this afternoon? So,
we're proposing to replace the entryway canopy. The entryway has a vinyl cover over it where the the 88 it's the handicap accessibility that the main front entrance
and we're trying to replace it with basically a solid structure like a real roof. There's already a roof there. It's a canvas roof and it's they have to replace it once every couple years gets deteriorated.
So the angle of the property line is caused the existing is actually a little bit over the setback like on the outside corner. So we're putting it in the same spot just we want it to be a solid roof structure so that he doesn't have to replace it
all the time. Um I think so there was also a rear setback variance but that's an existing the building's over the setback already on that on that variance. We just had to add that to this
application. Um and I think that's mostly mostly it. the we did have the neighbor did a public comment on the on the rear setback. >> Okay.
>> Which is the rear setbacks. Nothing's happening there. We just had to add that on to this because it's an existing variance. >> Okay. I see this is in district two, Miss Clemings. >> Um I have a question, but I think it's a
Paul question. the the second variance for the rear setback. Is that already a variance that's approved or did >> No, it's not approved. That's the reason he's has to request it. It's also doesn't meet the 20 foot I mean the 15t rear sideback.
>> But is is there a way to determine that that was prior to them owning the propert? >> Yeah, we've looked at that. It hasn't been approved. >> But is it is there a way to determine whether it was prior to them owning the property? >> If it was what? >> It was prior to them owning the property. Yes, it was there since it's been built.
>> Yeah, that was like the original. >> I don't know how that would happen. The setbacks or something. >> It just happens. >> Yeah. >> Um, as far as for the front request, um, there's not going to be any change in the distance. You're just changing the
structure of correct the roof line. >> Mhm. >> Okay. >> I guess the original one since it's like canvas, maybe there wasn't I guess it wasn't a permit required. It's just like an awning. >> Okay. type deal. So, yeah, it's the same same location.
>> I don't have any questions. Any further questions? >> Okay, Mr. Hoffman. >> Yes. Um, >> the um rear setback, it's just a foot or so shorter than the 15t required. >> Correct. >> 1.1.
>> Yep. It's 13. >> Okay. >> Yeah. 13.9. >> This this letter from the neighbor um she apparently thinks that you're taking the set back down to 1.1 ft from her property line. I think she's totally
>> but she was concerned about the storm water, but >> I don't think she's addressing the condition that you are legitimizing the existing condition >> really makes no change to what she's already seen. >> Right. We're not touching the back of the building on her. her house is right
behind the back of the building. >> I I appreciate her um concerns and coming forward and doing a good civic duty. I I think her facts are reversed. >> She was confused about the project. >> Okay. >> I think sounds like
Thanks. >> After this, you might consider being a good neighbor and going over and >> helping her understand how she sees it at past. >> Buy her lunch. >> Yeah. She's not actually my name because >> Oh, that's right. >> I'm not the owner.
>> Is that the best? >> I have no questions. >> Miss Clemens. >> No. >> Okay. Step aside. Is there anyone here that would like to speak on behalf of the variance? I see someone. You can stop to the side.
Let her come up. Can you come up to the podium, please? Okay. Can you state your name for the record? >> My name is Kimberly Capioli and I live at 10 Mark Avenue, Merit Island. >> Raise your right hand. Do you swear to tell the truth? >> I do. >> Okay. How can we help you? >> So,
>> are you for it or against it? >> I'm >> She's the comment. >> Yeah. I I'm for comment. Um, so I'm the neighbor that wrote the email because sometimes reading language that gets sent is hard to decipher what it's actually meaning.
>> So yes, I assume that they were trying to expand the whole building and bringing the building a foot and a half from the um property line. Um, you know, ex I now I understand a little bit
better. Um, so I really don't have any like if they just want to extend the front so that when it rains and they have people coming, you know, there's a way for people to get out the car, you know, without getting drenched. That I totally understand and I'm not in
opposition of. Um, so yeah, that was all I wanted to say. Thank you. >> Thank you, >> Miss Clevers. I make a motion to approve the two variances as depicted on the survey dated June 2023 2025.
>> I'll second. Miss Clemings made a motion to approve. Dr. Bass made a second. I'm going to read the six varants that special conditions and circumstances exist which are not applicable to other land, structures or buildings and applicable zoning
classifications. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other
lands, buildings, or structures in identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter. will constitute
unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. And that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such
use variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to pass by Miss Clemens, a second by Dr. Bass. Individualized votes. Mr. Hoffman.
>> I vote to pass. >> I vote to pass. >> I vote to pass. >> I vote to pass. >> Your variance have passed. Thank you. >> Thank you all. >> You're welcome. >> Miss Vod, can you give us our next applicant, please? >> Yes. Item H3, Eric and Mars of Penny
request variance of chapter 62, article 6, Bvoulevard County Code for a pool screen enclosure in a PUB zoning classification applications 26V 00023 and located in district 4. >> Good afternoon.
>> Good afternoon. >> Can you state your first name and last name for the record, please? >> My name is Mikey. >> And your address? My business address for all aluminum screening is 7622 Emerald Drive, Unit 5, West Melbourne. >> Do you swear to tell the truth? >> I swear to tell the truth. >> How can we help you today?
>> Madam Chair, board staff, thank you for the opportunity to present our case here today. I am the the general contractor that was hired to perform designed to perform the the pool enclosure for our client, Mr. Penny, who's here in the audience. Mr. Penny, um his home is in
Windham Duran. So, a pretty large home on a on a lot that has a a very um sharp radiused rear that backs up to a retention pond which oversees one of the fairways at the Duran Golf Course. And then on the opposite side of that is is
Wickham Road. >> And uh the pool c the pool is actually, you know, it's permitted and it's currently under construction. And as we started the design, and that's that's by another contractor. And as we started the design of the pool cage, it was
determined that um not only was the the client our client not able to get the look he was looking for, but also that the constructibility would be will be challenging. So, we're we're requesting that this board grant relief for >> Excuse me. Before we go any further, I
don't think we have an authorization form that authorizes you to speak for the applicant. Okay. >> Is he here today? You said >> yes. >> Can you have him come up and and say that you're going to represent him? >> We were going to do that. >> Okay. I was thinking that. Oh, he had
everything. But if he has that, we'll take it from him where he can get up and tell you that he like you to speak for him. >> Okay. Come to the Yes. >> Have him swear himself in. >> Yes. Do you swear to tell the truth? Yes. And can I have your first and last name and for the record your address, please?
>> Yes, my first and last name, Eric Penny, and my address is 7347 Gorda PC Court Vieira, Florida. >> And do you swear to tell the truth? >> I swear to tell the truth. >> Okay. And would you like this applicant to speak on your behalf? >> Absolutely. Yes. >> And what is his name? >> Mike Daffy. >> Thank you.
>> Thank you. >> Okay. Thank you. So our our our ask is the minimum relief uh needed to perform the work that our client is looking for which is 2 ft of the 5ft setback. Um we don't believe there's any any harm to the public and we believe is harmonious
to the to the general features of the neighborhood. Again it backs up to a large retention pond so there's no neighbors behind that we're encroaching on. Um and it's also a it's a public private golf course and on the other side of it is Wickham Wickham Road. So, we respectfully ask this board to to
grant this small variance. >> Okay. Thank you. I see this is in district 4. Dr. Bass, please. >> Well, I was going to drive by, but it's a gated community, so I couldn't get in, but uh I was able to pull over on North
Wickham Road and look across and uh to see that there is nothing that's going to be affected with this construction. So, it's it is on a waterway and there's no buildings around it. It's not a
navigable waterway. So, uh it's pretty straightforward I believe on this. Uh even though I couldn't drive by. >> Okay. Mr. Hoffman, any questions, >> Miss Clemings? >> No questions. >> Okay.
And I don't have any questions. I just It's straightforward. Mhm. >> Um the neighbor on the left and the neighbor on the right. I said you have some area between the neighbors. So I don't see anything any um any rebuttals or anything from the neighbors by chance? >> No rebuttals from the neighbors and the
HOA was okay with it as well. >> Oh, the HOA. Okay, great. Okay. Well, thank you. Let me just check. Anybody here in the audience would like to speak concerning this variance? Seeing none, Dr. Bass?
Yes, I will uh make a motion to approve the variance as depicted in the survey with the revision date of 32426. >> Do we have a second? >> I second. >> We have a motion to pass by Dr. Bass and
a second by Miss Clemings. I would read the six hardship questions. You can come back up to the pony. That special conditions and circumstances exist which are not applicable to other land structures or
buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the vision provisions of this
chapter to other lands, buildings or structures in the identical zoning classification. And that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification. Under the
provisions of this chapter will constitute unnecessary and undue hardship on the applicant. and that the variance granted is the minimum variance that would make possible the reasonable use of the land, building or structure and that the granting of variance would be in harmony with the general intent
and purpose of this chapter and that such use variance would not be injurous to the area involved. We have a motion to pass by Dr. Bass. We have a second by Miss Clemens. We'll do an individualized vote right now. Mr. Hoffman, how do you vote? >> I vote to approve. >> Dr. Bass,
>> approve. >> Approve. >> Miss Clemens, >> approve. Your variance have passed. Thank you. >> Thank you board. >> Mr. Bod, can we have the next applicant, please? >> Yes. Item H4, PBA and David M. Sling
land request variance of chapter 62, article 6, BAR County code for a setback in RU-1-9 zoning classification applications 26B 00024 located in district 1. >> Okay, come on down.
Good afternoon. >> Good afternoon. >> Yes. Where you at? Do you swear to tell the truth? >> I do. >> And can you state your first and last name and your address for the record, please? >> David Slingerland, 818 Heron Road, Coco. >> Okay. How can we help you today? >> Uh, about a year ago, I got a series of
variances started on the project and discovered that one variance wasn't addressed, and that was the seaw wall offset for the porch that we're redoing. And so we need to get a few more inches of variance for the porch to be
completed. So the seaw wall the seaw wall offset is the seaw wall is right on the property line pretty much. So the front of the seaw wall is good but the back of the seaw wall is like 3 in too close to the within the 10 ft setback. >> Okay. you are in district one and that
is my district and I'll just start off with the questioning for you. >> Okay. So, this is just one variance that you're looking for today. Correct. I wasn't able to drive by the residence. However, my question is this. The neighbor I believe that's to your right
of the property. >> Uh probably to the left. No. Yeah. If I'm on my porch, it' be to the right. >> Okay. Um how do they feel about this? >> They have no problem. None of the neighbors have >> None of the neighbors. Okay. All right.
>> Some of them offered to come down. I didn't think that was probably necessary. So >> Oh, to come down and speak on your behalf. Okay. But no one came, right? >> No. >> Okay. So, in approving this variance that would allow you to exactly do what?
>> Uh, repair my porch essentially. It's currently there and pre-existing to my purchasing the house and it's falling down. So, I wanted to put a new roof structure over the top that's a little more solid and permanent. Um, which led into the the variances need. Um,
>> okay. When you say put in a new roof, it's going to be the same size as your >> same size, same footprint, just a replacement of materials basically. >> Okay. Okay. Okay. No other questions. I'm going open the floor up for questions. Mrs. Clemens, >> no questions. Mr. Dr. Hoffman.
>> No question. >> Dr. Bass. Wow. Let Well, I see we already said no one's here on your behalf. So, would someone like to make a motion? >> I make a motion to approve the variance
request as depicted on the survey engineering plan with the date of March 2026. >> Madame Chair, just to put it on the record, would you just just ask if there's anyone here in opposition? Oh, I'll put it back on the record again
just to make sure. Anyone in the audience here in to speak to this variance for yay or nay? Seeing none. >> Thank you. >> Okay. You're welcome. That's for the record. Now, we have a motion on the floor from Miss Clemings to approve.
>> Second. >> We have a second by Dr. Bass. I'll read the six hardship questions that special conditions and circumstances exist which are not applicable to other lands, structures or builders of the applicable zoning
classification. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance requested would not confer an applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the
identical zoning classification. And that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter. It will constitute unnecessary and undue hardship on the
applicant. that the variance granted is the minimum variance that would make possible the reasonable use of the land, building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter that such use variance would not be injurous to the area
involved or otherwise detrimental to the public welfare. We have a motion to approve by Miss Clemings, a second by Dr. Bass. We'll do an individualized vote. Mr. Hoffman, >> I vote to approve. >> Dr. Bass, >> approve. Approve. >> Approve.
>> Your variance have approved. Thank you. Thank you all. >> You're welcome. >> Mr. B, can we have the next? >> Yes. Item H5, VH Properties LLC, request two variances, chapter 62, article 6, Buffar County Code for a waterway
encroachment and setback in an RU-1-11 zoning classification. application is 26B 000025 located in district 2. >> Okay. >> Good afternoon. >> Hi. How are you?
>> Good. I'm going to swear you in. Do you swear to tell the truth? >> I do. >> Can you state your first and last name and your address for the record, please? And speak loudly into the mic. >> Davin Ericson. Uh the address is I'm the representative for the customer. >> Okay. An address.
>> I'll remember the address. 1640 Coina Drive. >> 1640 Coina Drive. I'm sorry. >> Okay, that's okay. How can we help you today? >> We pulled the permit for the survey that was submitted to us when they bought the property and we set our lines up on the
marks and the pins that were present. >> Did our projection of the waterway, built our dock. We ordered a survey from our surveyor and their survey was wrong and it was like almost two foot out from
what it's supposed to be. >> Okay. >> And the survey record then was wrong and my surveyor double checked it. I don't know how to resolve that. The other surveyor is not going to. So I don't
know how to resolve that. >> Okay. Well, I see this is in district five. Miss Clemens, I'll start off with the question. Miss Clemens, >> I'm sorry. District two. Did I say district five? >> I apologize. >> That's okay. >> District two.
>> So, just out of clarity, the was the survey that was um used for the original permit. Was that from the prior owner? >> No. So, when they when Mr. and Mrs. houses or bought the house, they had a survey done, I'm assuming, because it
was less than 180 days old. >> Okay. >> Which is required for my permit and which is common. Customers buy their get their own surveys. And we used that survey, did the plot plan, approved everything, submitted, got the permit, came out and built and and they even
they had discs and pins on the seaw wall that I visualized and ran my string line >> and then I did my projection out and it's wrong. And I want to clarify your two feet projection is out. >> I say two feet loosely. I don't I don't remember the number. I apologize.
>> That short amount. >> Yeah. >> Or the amount that we're requesting the variance for is out into the water >> or is it north or south or east or west of the property line? >> For the building code, we can only go out 20% the width of the canal from property line to property line.
>> And I believe this was an 80 foot uh canal, maybe 70 ft. So then it's 14 foot projection from our property line from what the line I depicted with my property marker pins and then I set my line out there and I base my pole set off of that line >> and I work my way back.
>> Okay. >> And when I did my as they're set back inland >> to where the original first seaw wall was because they've got a couple seaw walls that have been put in >> and that's not the correct survey.
Interesting. Okay. So, the dock is in place. >> Yes, ma'am. >> And we're basically just trying to legitimize it being 2 feet into the canal. >> Yeah. >> There's not going to be any additional change. >> No. No. The hardship is it wasn't their
fault. They came into Florida, bought a property. >> Nobody's to know the difference. I can't >> know what the survey is right or wrong. Everything was approved. And there's no way to go back to the surveyor unless you get a real estate attorneys and
>> understand. >> It's just unfortunate. >> Yeah. >> Okay. I don't have any other questions. >> Okay. >> Okay. Mr. Hoffman, any questions? >> Just one, sir. >> Oh, I'm sorry. >> Oh, I didn't know he was going back. >> Sorry.
>> So, there was a deed survey that the original owner got that the owner had that you >> Not the original, the new owner had. New owner got a deed survey >> boundary I'm assuming. Yes. >> Yeah. For the deed. >> Yes, sir. >> You build off that. >> Yes, sir.
>> And now your surveyor, who you seem to seem to trust more. >> I do. >> Has determined that that original survey was wrong. >> Yes, sir. I actually sat in his office for a couple hours and we did some digging and research and um he stands
behind his is correct. which is on record for asbuilt. >> Okay. So, the asbuilt surveyor, you're you're sure is right. >> Yes, sir. >> Okay. >> I left it there because I've been working with him for >> a very long time. Yeah. So,
>> I'm in the business. I have surveyors I trust as well. Um, okay. That's And then you say there was the seaw wall was rebuilt twice. >> In in in history when you see a vinyl wall, that's already a new wall. So
there's usually either one to two walls behind that. >> Oh, you don't know how many? >> No, I mean we can go back and look at record, but they start off with either an asbestous or concrete and then there was wood present underneath there and then there's the vinyl. So, I'm not 100%
sure, but it's, you know, we're already hidden out past the property line with the vinyl wall. >> Mhm. >> Into, you know, into the waterway. >> Okay. That's common. I think it's the Department of Natural Resources allows them to rebuild the wall 18 in. >> Correct. Up to up to four feet. Then you
have to remove because they don't want the spoils of the lands getting into the canal. So, they'd rather you build in front of it, but then public works makes you take it out if you get to that four feet mark. Okay. Dr. Bass, >> I have no questions. Thank you.
>> Okay. And I think for me it's just plain and simple. You're here for two variants, correct? >> I don't speak. >> Yeah. >> Yes. Two variances. One was for the projection. And the other one was for I
think 2 ft from the easterly >> 7 foot 7 and 1/2t >> setback requirement. >> May I interject with that? Uh we submitted the survey correcting that because the survey was wrong and they approved that because we were in our 7 and 1/2t setback.
>> The one that we have with the application for the variance says it's 7.3 ft off of it. There's a little jog there. It comes back. Yeah, that's fine. We >> that's what we're using for the application.
>> Okay. So, let let me be clear. Today, we're here for two variants, right? >> Yes. >> And as Mr. Bod just stated, that one is 7.5 ft. Is that what we're here for? Or is it a discrepancy? Cuz I'm looking at your face. You're
looking for the >> I know. He'll know. I filled out paperwork. >> Yes. Oh, okay. >> I'm Vince Hower. where I live at the house 1640 Coina Drive. >> Okay. >> The the second variance is for a triangle that's literally like this big. It's where it's where it goes from way
out and then goes up to the wall and and instead of it being a 90° corner, they put a 45°ree inside. Um so it it I we didn't even I I no one even noticed it and surveyor caught it. I mean, it
really wasn't drawn that way. It just it was a simplicity thing, I think, when they built it. We >> But it's not It doesn't impede the neighbor at all. And I've spoke to him about it. I showed him exactly what >> um you know, >> and that was going to be my second question. Is it any neighbors to your
left or your right? >> Yeah. So, the the one neighbor's here. I don't know if he's speaking or not, but but there was four comments. I spoke to three of them. Um, the three I spoke to were fine. The fourth one, um, he's out of town and he put that in his comment,
so I wasn't able to speak to him. But, >> but from my understanding from the other two that I did talk to, that's they're all three of them are across the canal from me, >> and the one that's directly across is the one that's not here, >> but and he's the one that got the other
two riled up about about it. But they all they all misunderstood that thinking that we were going to be building an additional 2 ft >> and not that it was an asbuilt. >> But you are not building addition. >> No, we're not doing anything else. There's no other >> Okay. So, let's clearly state that for
the record. Okay. >> Yes. >> Great. >> Yeah. No, I'm about out of money. >> Okay. >> All right. Well, thank you. And let me check with the audience now. Anybody else had any more questioning board? Okay. So, thank you. Let me just check. Anyone in the audience would like to
speak to concerning this variance? >> Yay or nay? Come on up. Come on up. We'd like to hear from you. >> And just Well, you have to raise your other hand. Yeah. Do you swear to tell the truth, the whole truth? >> Uh, pardon. >> Do you swear to tell the truth?
>> I do. >> And state your first and last name and your address, please, for the record. >> Richard Phillips, and I'm at 1630 COA. >> Okay. Are you a neighbor of his? >> I'm neighbor. >> Okay. Where's your house? Directly from his house. >> West of it. >> Okay. >> Directly west. >> How can we help you?
>> Um, so I've actually um the variances don't really they're not going to bother me that much at all. So I'm I'm going to I'm not going to oppose either one of those variances. >> I after listening to Devon's explanation, I understand a little more.
In general, I uh have seen variances come across and uh for the most part, they're always before construction. I was kind of wondering how the construction got done then where so and I and and I've lived there long enough to know that uh the seaw wall that he
repaired and was there was put outside that so that's the first seaw wall that's not the second seaw wall it's because I still have my old seaw wall there's the um the original seaw wall and then the one that's there was put outside so there's not two it's just one but anyway that's uh I'm I'm not
necessarily opposing either either of the variances is because it shouldn't affect me hopefully. I wouldn't think. Okay. >> So, but Okay. >> Thank you. Thank you. >> Thank you. >> Okay. >> So, that we have a motion. >> I have a quick clarification. I just
want to make sure all the notes that I'm reading um are basically saying that they're under the impression that you're adding an additional two feet. Is there has there been any clarification of that with these oppositions?
>> I I spoke to three of the four. The one the one he said in the letter that he's out of town and I don't know when he went out of town, but I went to his house twice and >> David Pratt. >> Yes, ma'am. >> Okay. >> And he never answered the door. So I don't >> That's the only one you haven't spoken to. >> Correct.
>> Okay. >> Yeah. But the three that I did speak to, all of them, they they absolutely thought we were adding two more feet in both directions. They thought we were going to be going closer to everybody. And I'm like, no, we are we are done. >> Okay. >> And then the resolution would be
basically starting from scratch, tearing it down, and going back two feet. >> Yes. >> Just make sure everybody understands how dramatic it would be. >> Yeah, >> that's a big deal. Yeah, >> I just said it out loud to freak you out.
>> Yes, that's okay. >> No other questions. >> Okay. You like to make a motion, Mr. >> I make a motion to approve the variances as requested depicted on the survey with a date of 113 2025. >> And do we have a second?
>> I'll second that. >> We have a motion to approve by Miss Clemens, a second by Dr. Bass I'll read the six hardships. There special conditions and circumstances exist which are not applicable of the land structures or
builders in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings, or structures in identical zoning classification. And that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification. Under the provisions of
this chapter will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this
chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion on the floor by Miss Clemings to approve a second by Dr. Bass individualized vote. Mr.
Hoffman, how do you vote? I vote to disapprove. >> Okay. Mr. Hoffman, disapprove. Dr. Bass, >> approve. >> I approve. Miss Clemens, >> approve.
>> This variance has just been approved. Thank you, Mr. Bod. Our next applicant, please. >> Yes. Item H6, James O and Cynthia L. Hoffman requests the variance of chapter 62 article 6 Boulevard County Code for
the lot size and an AU zoning classification application is 26V 000026 is located in district 1. >> Okay. Good afternoon. >> Good afternoon. I'm going to swear to right up front. >> Do you swear to tell us?
>> My name is James Hoffman 5380 Fruitport Street in Port St. John. >> And how can we help you today? Uh, I have a piece of property up in Mims that I've owned for several years and I haven't improved it at all. It's It's unimproved now. Uh, I'd like to put a
pole barn on the property and so that's what I'm here for. >> Just come a little closer to the mic. I'm sorry I can't hear the last part. You have a piece of property in MEMS >> that you would like to do what? >> Put a pole barn on. >> A full barn. >> Pole barn. Barn >> pole barn.
>> Pole barn. >> Okay. It's an open open wall uh barn. >> Okay. Well, I see you in district one and that is my district and I did drive by your property and I see you have a lot of property.
Um I don't really have any questions because your your neighbors really a little little ways from you um in all directions, right? Is really rural out there. >> Yes. So, um, I don't see any problems and I don't have any questions. So, I
open the floor for questioning. Mr. Hoffman, >> no questions. >> Dr. Bass, >> no questions. >> Miss Clemings, >> no questions. >> Okay, let me just check. Is there anyone in the audience here that would like to speak in regards to this variance? Seeing none,
anyone would like to make a motion. I'll make a motion to approve the uh variance requested as depicted on the survey dated >> 1216 1216 20 >> 25 >> 25 Okay 12625
>> Okay, Mr. Hoffman made a motion to approve. Do we have a second? >> I second. >> Miss Cleming second. I will now read the six hardship questions. That special conditions and circumstances exist which are not
applicable to other land, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance request would not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings or structures in identical zoning. That literal enforcement of provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter will constitute unnecessary
and undue hardship on the applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure and that the granting of variance will be in harmony with the general intent and purpose of this chapter and such use variance would not
be injurous to the area involved or otherwise defumential to the public welfare. We have a motion to approve by Mr. Hoffman, a second by Miss Clemens individualized vote. Mr. Hoffman, >> a vote to approve >> Dr. Bass
>> approve. >> I approve. Miss Clemings, >> I approve. >> Your variance have been approved. Thank you, >> Mr. Bod. Our next case, please. >> Yes. Item H7, Katherine Louise Abanathi,
Revocable Trust and Joy Anne Malone Maloney, sorry Mallaloy. Thank you. requests four variances chapter 62 article 6 Boulevard County Code for accessory structure and TR-2 zoning
classification application is 26B 000028 located in district 1 >> good afternoon >> I'll wait till you get to the mic take your time ma'am Mhm.
>> How are you this afternoon? >> Yes, ma'am. Thank you. >> Can you swear to tell the truth? >> Yes, ma'am. >> And can you just state your first and last name and your address for the record, please? >> Katherine Ebery. Katherine with a C. >> And your address?
>> 5932 Cedar Lake Drive, Cocoa, Florida 32927. >> Okay. Okay. And how can we help you this afternoon? >> Oh, well, we was going to have a fence put up >> and they >> denied the
>> denied it. They said that the the stuff that I had on the property when I bought it wasn't right. So, we had another survey. >> So, I don't know.
Yeah, they're saying that the shed in the back is >> Wait, hold on one moment. I need to swear you in, please. Come to the >> This This is Joan Ellen, my oldest daughter. >> Okay. >> Joy is not with us now. >> Okay. And your first and last name and
your address, please, for the record. >> Joan Kerry, 5932 Cedar Lake Drive, Cocoa, Florida. >> Okay. You swear to tell the truth? >> I do. >> Okay. And that is your mother? >> This is my mother. She bought the property 26 years ago.
>> Oh, she bought the property 26 years ago pretty much as is. >> Okay. >> And she was wanting to rebuild her back porch and the con they denied the permit for that. >> And then we didn't know why. And then she wanted to put up a fence that was
once up already but fell down in a storm and they denied that. And then come to find out there's a structure in the back of shed that was on the property when she bought it that is too close to the easement line. It's um
>> actually supposed to be 10 foot. It's 7 foot according to the new survey and she was asking to keep that because it's got quite a bit of things in it and it's been it was been there when she bought it. Mhm. >> And then there's a garage on the right
side that was there when she bought it. I don't know what the problem is with that. And then there's a carport that she had put on like 16 years ago and the company put it up without a permit or anything.
>> I didn't know it was I didn't know that my husband was putting it up. >> Yeah. Her husband put it up. >> Okay. And we're just asking to keep those things because it would be a hardship to take them down. >> Okay.
>> Well, seeing this is in district one and that's definitely my district. >> Oh. >> Um, >> so I'm going to start off with the question. I see today you're asking for four variants, right? >> I think three. >> Four.
>> Correct. The shed in the back. No, >> no, there's four variances that they need. >> Oh, is this the fourth one? >> One's for the shed to the side, south side set back. One's for the carport that's located doesn't meet the front set back and the
uh separation distance and then she has one accessory structure over the two that's permitted. So that's the reason that for the other one. The last one is
>> okay. You understand that? >> No, I don't understand what the last one is. So, we have as Mr. >> You're only Go ahead, Mr. >> You're only permitted two accessory structures on your property by the size of your lot and you have three accessory
structures. So, there's one over the the two is what the last one is. >> I understand. I'm sorry. >> That's okay. That's what we're here for. But the two were there. The shed in the back on the south and the carport
>> garage was there when when I bought the house. >> Correct. Uh-huh. >> Correct. So, what we're here for today, we want to legitimize all of those items that's on your property. >> Yes, ma'am. >> Okay. So
going back, we have we're here for four variants today. As Mr. Bod just stated, the carport, two sheds, and the >> accessory. >> The accessory. Correct. Okay.
Now, my question to you, I do know you have um a lot of land as well, and you have neighbors to your left and to your right. >> Yes, ma'am. Any of your neighbors opposing or objecting to this or said anything to you? >> I love my neighbors. >> You love your neighbor. Okay.
>> No, definitely good neighbors. >> All right. Okay. And I know you stated your husband put up the shed um without the um >> right company. The company. Okay.
>> All right. No more questions for me. Miss Clemings, any questions? >> No questions. Mr. Hoffman, >> no questions. >> Dr. Bass, >> no questions. >> Thank you. >> Okay, let me just check. Is there anybody here that would like to speak in
yay or nay to this variance? >> Seeing none, anyone would like to make a motion. >> I'll make a motion. Um, I make a motion to approve all four variances as depicted on the application and the
survey dated uh, February 23rd, 2026. >> Do we have a second? >> I'll second motion. >> We have a motion on the floor to approve by Mr. Hoffman and a second by Miss Clemings. I will read our six hardship
questions. That special conditions and circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification. and that the special conditions and circumstances do not result from the actions of the applicant
and 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. and that literal enforcement of the
provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter that will constitute unnecessary and undue hardship on the applicant. And that the variance granted is the minimum variance
that will make possible the reasonable use of the land, building or structure. and that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance would not be injurous to the area involved or otherwise detrimental to the public
welfare. We have a motion to approve by Mr. Hoffman, a second by Miss Clemens. Individualized vote. Mr. Hoffman, >> vote to approve. >> Dr. Bass, >> approve. >> I approve. Miss Clemens, >> approve. >> Your variance have passed. >> Thank you. God bless you.
>> You're welcome. Have a great day. >> You too. Thank you. >> Okay. >> Um, we'll stay on the record for you said, do we stay on the record for the voting of the vice chair? >> Yes. And
>> I'm sorry, what was that? >> We have to stay for the voting of the vice chair. >> Okay. >> Okay. That's what we'll be doing now. Correct. Okay. I'll make a motion to nominate Miss Clemings for vice chair.
>> Go ahead. >> I'll second it. >> That's only because you don't want it. >> I know. Um >> Mr. Hoffman, discussion. >> No discussion. >> Mr. Hoffman, >> how do you vote? >> Oh, uh yeah, I vote to uh uh appoint
Miss Clemen's uh vice chair. >> Dr. Bass. >> I vote to appoint her vice chair. >> Thank you. >> I vote to appoint you vice chair. Miss Clemens, congratulations. You are now vice chair.
>> Sneaky dogs. >> Okay. I now adjourn this meeting. >> Good. 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. Ba By baby,