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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 Bvard
County Board of Zoning Adjustment for March 19th I'm sorry for April 16 to order will our vice chair please explain to applicants in the audience definition of hardship wait did you need me to read into the uh
Mr brody yes Bod yes Mr chairman the board of adjustment is a quasi judicial body established by the board of county commissioners under chapter 62 article 2 division 4 of Bvoulevard County Code the board of adjustment is empowered to hear requests
for variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9 pursuant to Florida rules of appellet procedure any person or persons jointly or severally agrieved 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 10 items on your agenda today thank you will our vice chair please read undue hardship uh undue hardship a variance
may be granted when it will not be contrary to the public interest and where owing to special conditions the literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undue hardship has a specific legal definition
in this context and essentially means that without the requested variance the applicant will have no 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 land owner cannot yield a reasonable use andor a reasonable return under the existing land development regulations
the applicant must answer a variance hardship worksheet with six questions the board of adjustments will discuss these questions today with each applicant who has requested a variance thank you i would like to address our board members the applicants in our
audience about the procedures that would be followed during these procedures the board of zoning adjustment with members appointed by the Bavar County Board of Commissioners will utilize Robert rules of order to conduct its proceedings the chair is asking all board members not to ask questions while
the applicants are making their presentations once the applicants have completed their presentation we will begin board questioning with the board member who represents the applicants district when concluded questioning is open to the full board the chair will recognize each board member in turn once
all board members have completed their questioning we will then open the floor 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 we're asking each speaker to be concise in what you have to say it's important that you stay on the subject and avoid information that is not relevant all persons speaking must provide their name and address for the public record and
also we ask that you spell your last name those wishing not to verbally state their address may ask the clerk at the podium for address card please fill it out and return to the clerk are there any questions regarding these procedures for from the board
members seeing none are there any questions regarding the procedures from the applicants or from the audience seeing none we'll move to our next order we will go to the meeting minutes any changes or can we make a
motion to approve i'll make a I'll make a motion to approve the meeting minutes as distributed we have a motion i'll second and a second by Mr hoffman thank you okay Mr bod can we have our first
applicant please yes item eight can we call a vote all in favor i I thank you Mr bodie yes item H1 Aubrey Williamson requests two variances chapter 62 article 6
Bvoulevard County Code for a principal structure in a RU-2-10 zoning classification property is currently zoned RU1-9 and the application number is 24V000049 located at tax account number
2743715 in district 5 an applicant come up please good afternoon my name is Nathan Maloon Mel O N0 West New Haven Avenue i represent um Miss Williamson who will introduce herself
hello my name is Aubrey Williamson um I'm at 125 Franklin Avenue in the Atlantic Florida 32903 thank you good afternoon so we're here today on my client's variance application um and I'll let my client briefly go into it
but essentially and I have one brief handout for the board and I have a a copy for um staff as well but it's a screenshot of the u of the zoning of this property and one of the interesting things about this area is that my client's property which is at the corner
of um Franklin and North Palm Avenue in unincorporated in the Atlantic is the only one in the area that's zoned RU-1-9 and all my clients looking to do um we're looking for a future reszoning request but this is kind of a prerequisite to that and all we're
looking to do is to to kind of undo the what looks to be spot zoning and just have consistency with the other um zoning in the area i'll pass this out very briefly um to the board and I'll provide a copy to the the county as well for for the record um and then I'll have
my client go into into her application okay thank you and just for clarity on this picture um my client's property is the one that's RU-1-9 and there's a little dot in it and it's kind of it's the picture is
centered on on her property there's no addresses on here nor like cards or kind of whatever else you would call those that might come up just so we're clear on which property that is i'll have my my client kind of go through what what she's looking to do and um and then we're happy to answer
any questions that the board has okay hello um so today with the variance you just speak into the mic please yeah sorry about that okay um with the variance um the front of the property and the back of the property don't exactly align with the resoning that we
are looking for um and obviously when the house was built um it might not have aligned it's a 1950s house um but the idea is just to be realigned with the rest of the neighborhood we are the only one that's an RU 1 through9 um so we want to maintain the integrity of the
neighborhood and be realigned with um consistency there okay this is in district five Mr hoffman good afternoon um I did not get a chance to drive by your uh your house but I did do the
little walking dude on Google and uh I I saw no problems with it i'm also impressed that there's a letter here from your neighbor that says uh she has no problem with it and I didn't see that there was a uh there already is a hedge
and a fence out at the uh street line on wherever that front street is uh didn't seem to be a uh traffic hazard sighteline interference so I have no I have no uh objections to this this
application okay any questions i have one um maybe two i don't actually remember the continuence on this why was this continued until It says it was continued from the
July 24th meeting do we know why you want to ask i'm unaware you're not aware were you ever here before no this is my first time it wasn't continued it wasn't no we never heard this before we had been waiting
for her to get a survey of the property old agenda i probably have the old agenda this is October well I'm back in October that would answer the question thank you thank you that kills that idea
any other questions okay you step aside for a minute thank you you're welcome is anyone from the audience would like to speak to this variance yes you may come up please the paper
hello can you s state your name for the record please and spell it yes my name is Rosemary Sour S A U E Ry-en C A R R Carr and we own the property 123 Franklin Avenue right next door um
and one comment um I guess it was stated that there are no other houses that are zoned the uh 1.9 it's my belief from the diagram that the one right uh behind on Gross Point is identically zoned i
happen to know the people that live there but that's not why I'm here my concern is we've owned the property going on 10 years it is a duplex franklin Avenue is pretty much a
residential very quiet um neighborhood there are rentals i.e our duplex that's right next door so we have two um tenants there that have been there going on seven years and 5 years so they're long-term tenants they're not turn them
over and um you know they're not um a Airbnbs or VR MLB whatever they are it's my understanding and my only concern is that the the primary motivation in doing
this reszoning is to make it Airbnb um we are really opposed to Airbnbs in the neighborhood and mostly in the Atlantic is as well so that's um our concern and we're right there on the property line
so and when you say now I'm concerned who's our my husband oh okay way back there okay so um that's all I got and and one other thing the hardship letter that I did read was pretty much it was saying that
they wanted to be able to rent it it has been up for rent for 3,300 a month for quite some time um it's my belief by renting and owning this property for as long as we have that the rent uh the
rent amounts are a lot less in the neighborhood um even though it is a threebedroom thank you wait one moment come back do anybody have any questions i'm sorry yeah now that I'm at the right I think I might yeah
so uh basically everybody in the area is RU correct zoning yes that's what it looks like well there's a I I got this off your website quite frankly i don't have your handout that was distributed but um it appears I'm sorry I've got a
lot of paper um our duplex it looks like is RU210 okay but it is a duplex and it's And you said you had renters in it oh for Yes seven years and five years and if you go around the neighborhood they're mostly
the same thing um long-term rentals or residential owners on Franklin long-term rentals in a area of a duplex or a house there's another duplex on Franklin right next door they were built at the same time and those are rentals as well okay
would that be on the same street or is it Franklin it's one two uh 121 and ours is 123 and their home is 125 thank you uhhuh i'm happy to give her a sheets I handed out oh thank you
i got this off your website okay thank you thank you so I do have a question oh one more question one more question sorry all right so their intention is to turn it into a rental but that that's your your statement
i don't know fact all I know is it's on Zillow for 3,300 a month and it's been on there what restricts you from turning your rentals into an Airbnb honestly I've never looked into it until this i didn't even know we could be an Airbnb
we have no intentions of it but you have no zoning restriction not that I'm aware of from learning that this week okay you can probably tell me more i could answer that question for you Kevin if you'd like
would you like me to answer that Kevin yes he didn't hear you he said "Would you like him to answer it?" No go ahead go ahead yeah the multifamily zoning classifications all the RU2 4 through 230 allow for a permitted use for resort
dwelling resort dwelling by our definition is is rentals less than 90 days in a row or three months in a row it is a commercial use you have to get a business tax receipt for it to do that you had to have it registered with the
state hotel and and restaurant first to be able to get your business tax receipt so any of the multifamily zonings allow for it so she can turn it into an Airbnb yes she could if she wanted to okay that that answers my
question also the property directly behind this is not multifamily it's RU19 the same zoning okay thank you we're good thank you okay thank you you can come back up now
please there may be more public comment oh we have someone else back here oh I'm sorry i didn't see your hand that's okay hi my name is I'm sorry do you swear to tell the truth the whole truth i do i swear to tell the truth your name please
and spell it for the record my name is Beth Claus um I am actually Miss Carr's tenant okay can you spell it for the record please miss car your name cla US okay thank you and I live at 125
Franklin Avenue West Unit i actually live right next door to the subject property um this may be a little bit premature um but the reason I'm here today is because of the animals that are protected on that property um we have
some we specifically we have some eastern screech owls that are nesting at this time and they are protected by the federal migratory bird treaty and they're also considered what are called
raptors and they're protected under Florida law by the FWC um we have two screech owls over there right now they've got eggs they're living over there we We've also got some other birds who have nests over there so
my my concern is what's going to happen to these animals when they go in and they start constructing so let me ask you when you're saying over there you mean at her property yes okay mhm yeah these are located on her property i have pictures I can show you if you'll let me
approach i also have the statues if you'd like to see [Music] those you can approach so may I approach yes i only brought three copies because that's what I'm used to having to bring
we'll need a copy for our folder too okay so these are the stats that protect the streets you give them a copy oh he's giving up if if you're going to speak we need you to speak into the microphone because
it's being recorded okay so this picture that I'm presenting to you is the female screech owl um who is right now sitting on eggs there's also a male screech owl who feeds the
family on a regular basis um I was able to take this picture on the 11th and I saw her as early as last night thank you and if there's any doubt that that's a screech owl for you guys I did print out a picture of a screech
owl so that you would know that that actually is a screech owl there on my property or street owl so as as I stated um screech owls are protected federally and by the state um it is illegal to mess with their nests
it's illegal to mess with them it's illegal to mess with their habitat and there's I believe there's pretty severe penalties if it's done um some owls have already disappeared from over there that lived in a shed that they tore down um
but there's nothing we can do about that but we can save these two that are left so that's why I'm here so thank you so my question would just be so the owls are living in the tree right what does that have to do with her
home the tree is on her property okay so when they go to do the construction obviously they're going to have to There's a lot of trees on the property over there they're going to have to take some of those trees out okay um and
that's also the construction itself is going to disrupt their nesting and their habitat okay so yeah okay that's my point so what I hear you saying is that the owls are in the tree and they're going to remove the trees off of her property is that what you're saying even
if they don't remove the trees just the construction itself ripping down this old house um is going to disturb all of the animals over there it's not just owls there's a lot of stuff over there okay okay any question house has been there a long time i just have one more
question uh have you contacted FWC about this i have um I haven't gotten a response back from them there are certain permits that they will that they will do but you have to meet certain requirements to get those permits um I
believe like an owl box or something is um one of the things that what they could do but then you have to make sure you go through the proper procedures and the owl actually goes into the owl box sometimes they don't want to go they want to stay right where they are because these birds tend to stay their
whole life in the same spot with the same mate so but nobody from FWC has come out correct no and we've also sent information over to the state of Florida and we sent information over to who um I can't remember one of the universities who does a lot of studies on these
owls just to see you know how how it could affect them okay thank you any other questions seeing none thank you thank you you may come back do you have any rebuttals or anything two brief rebuttals i still didn't get a
copy of the document she passed out but I think I think I'm okay on that okay um I just want to be clear that we want to be treated the same as the owner of the property next door and I do want to be clear that kind of the this one there's two properties here i couldn't see the line is where the RU1-9 is but these two
RU-19 are essentially a spot zoning in the area um anything about what my client intends to do would have been just pure speculation on the part of of the witness um and the fact that she mentioned it's listed on Zillow for a long-term rental would actually show
what the intention is for the property um also as far as the owls go um and I can have my client answer these questions and go to this as well but they're they're currently in those trees there's no plans to do construction on this this is kind of current this is allowing the variance as it is um we
want to we want to keep the owls um they're they're good for the area they're obviously protected by the by the various laws that protect the birds which are very important um and as as far as the shed my understanding on that is that the county ordered the shed to be removed and that there were no owls
in there at the time of removal um and I I can my client can answer any questions about those she knows a lot more about that again we we don't want to hurt the owls we want the owls to stay where they are we're not going to do construction or otherwise impede the owls okay okay i have a question yes i just I just
want to get a positive statement in there your intention is to if if you do interior renovations that's fine but your intention is not to remove or replace the primary structure because your application says that you're trying
to legitimize what's there now yeah um and that was a yes I believe just because I know we have the court reporter here well let us speak to the mic so thank you uh yes um kind of going back to what we're trying to do like we love the house we love the area and
we're just trying to stay authentic to it we've spent a lot of time um renovating the inside um we have no intentions to do anything to alter it to take down any trees um the only thing that we did was remove the shed um because it was illegally like where it
was placed on the property was illegal we wanted to be compliant with the code so that's all we had intentions to do thank you thank you thank you for consideration you're welcome thank you Mr hoffman
um I make a motion that we approve this application um based on survey dated you took my What's the date on the survey i took it i gave it back you did
now you give me back one piece but stated January 21st 2025 okay I'll reiterate um I make a motion that we approve this application based on the survey dated January 21st 2025 what he said
um yes thank you okay you want me to take a vote no we get a second and we can in a second yeah I'll second it because I have some questions for staff on this one just for conversation purposes okay
so um I just want to make sure I understand exactly what they're asking for here it's zoned one zoning but they their intent is to get us a different zoning designation so the variance that they're asking for is a variance to the
proposed zoning not the existing zoning correct that's correct okay and the only reason they need the other zoning is because of the use that they want to do and that's going to be determined by the PNZ yes the PNZ and the county commission is going to have the say on whether it gets reszoned to
the multifamily zoning RU210 okay so our our mission here is just talk about the setbacks for the structure only not for the proposed use that's for a different board that's correct okay great that's why I want to make sure we're clear here um and issues with things like
environmental that's for another board and that's for staff and and the state and the federal government to to to do their do their job that's not true i don't know if it's a federally protected bird or whatever but that's for somebody else um okay i just want to
make sure that I understood this is my first day here so uh even though I obtained and applied for many variances and um was on the planning and zoning board for a long time I just want to make sure that I'm
focused on what this board does here so thank you for your help there okay so we have a motion on the floor for approval do we have a second yes second yeah an alternate for the people he's
not here oh he's not here okay he can second it correct lloyd I I'm not sure exactly what district he's here district two district two district two alternate alternate for district two and there's nobody here from district two okay yes thank you
okay so we have a motion to approve by Mr hoffman a second by Mr moore can we have a vote all in favor say I i i i anyone
against please say acknowledge it i'm against let it be acknowledged that Mr huffman is against that's right mr hberg I'm sorry okay this motion have passed this variance
have passed mr bod can you give us the next variance please yes suzanne Cook trustee request two variances actually it's yes two two variances to
chapter 62 article 6 buffar county code for an accessory structure in the prime in the principal structure in an RU-1-13 zoning classification applications 24V 0000 53 located at tax account number
2431 745 in district 2 good afternoon we're going to swear you in do you swear to tell the truth the whole truth or nothing but the truth i do and can you speak into the mic and just tell us your name and spell your last name for the
audience my name is Suzanne Kowalsski Cook i live at 1270 North Banana River Drive Merit Island Florida and just spell your last name please for the record c O K thank you good afternoon
members of the board my name is My name is Joseph Bashan i'm an attorney i represent Miss Cook here today my last name is spelled B as in bravo a c h a n d okay and how can we help you today yes ma'am and so it's patently clear i I
came on to this matter after my client had made this variance request we only have a single request today and it relates to the setback on the southern portion of the property there is a has been presented i've provided you with
photographs as well as an engineering report and and for your review here today um I'm going to if I may briefly give a synopsis of my client's condition and then if the members would like I'll
have her give sworn testimony is that acceptable yes thank you so very much um my client Miss Cook um purchased this property at 1270 North Banana River Drive around May of 2011 when she moved into the property there was a plastic
structure which was on this southern portion of the house it was on a a concrete slab um fast forward about 10 or 13 years she that structure has now dilapidated she goes and she hires a
handyman to see if it can be repaired and it turns out that it cannot be repaired that it needs to be replaced she replaces the shed that is on the southern portion of her property when she does so you can imagine that there was this was a separate structure
sitting on the south side it encroaches upon the 7 and 1/2 ft set back on that southern border of the property when she replaces it she attaches it to the existing structure and I'm going to have her describe for you the photographs
that have been provided which show the condition of the property as it exists now she learns later that this property is within the setback and that's what precipitated her request for variance i believe um we have brought today an
engineer who will testify as to the construction of the shed so that they can advise the board as to the condition of the shed i believe that you'll also have um I believe today there's a pastor um Kevin Radlin who is the representative of the owner of the
property that abuts on the southern side and he's going to give testimony here today regarding his his thoughts about the shed i I if the court or I'm sorry if the board would allow me briefly to inquire of Miss Cook yes
you can is it all right if she remains seated yes yes thank you so very much fine madame Chair can we interrupt for a moment we realize that in your agenda packets you did not have the correct survey and hardship worksheet to
correspond with this application correct can we move this item towards the end of the agenda so we can get you a copy of those real quick that you'd have a chance to review that yes okay that okay okay thank you so we will go on to our next applicant
okay Mr bod please our next applicant yes item H3 Thomas G and Michelle D shrader request variance of chapter 62 article 6 county code for an accessory structure in a detached garage in an
RU-1-11 zoning classification application is 25V 0000004 located tax account numbers 28017 59 2801758 2801768 in district 5 okay do you swear
to tell the truth the whole truth i do and your name and can you spell it for the record please thomas Shrader Jr uh s h r a d e r thank you how can we help you today i am the homeowner at 2781 Oklahoma Street in Melbourne Florida i'm
here to request two variances one is for a chicken coupe that I built too close to the property line uh inside of the uh uh setback uh uh and the other is for an uh an accessory structure uh which would
be uh the size is in excess of the standard code uh my home's location and its lot uh preclude the addition of the uh attached structure which would meet building code so we'd like to build a separate building uh instead of a garage
attached uh our septic system is directly behind the house and there's trees all around the house uh that have been there 20 years at least because I've been there 20 years uh there's also a power pole uh so the plan is to build a large
garage and uh and it's only going to be for storage uh we have a few extra cars and a boat we want to get an RV uh we've reached out to our neighbors within 200 ft of the property line and uh we got we met five of them we were on
a Saturday morning uh we got signatures from five uh and we left a letter to each uh on the doorstep with contact information in case they had any questions or concerns and we got no contact okay thank you i see this is in district
five Mr hoffman thank you welcome thank you um I didn't go onto your property but I did drive down to the gate you're pretty well isolated back in that corner that's right um I I really don't have any objections to this uh it's very good that you
brought written documentation of the neighbors i'm assuming those are all positive letters or you wouldn't have signed it's a letter to them saying "Hey this is what we're planning." Did you get responses we got signatures uh the other folks didn't contact us because
they didn't have concerns fine if you're presenting those to us as evidence we'll need copies for the the staff if you only have one copy then staff is fine thank you uh yeah like I say you're pretty much isolated back in there and if the
neighbors have no problems and right and very well wooded so nobody's going to see the building anyway okay okay open up for questions anyone i have a question i have a question uh how are you going to access this with
cars because you don't have a driveway are you going to be putting a driveway in later there's already uh dirt road we just drive down the edge of the line property along that tree line okay all right so you won't be cutting down trees
or anything no you're just going to drive on the dirt yes all right question just one how close uh to the drain field is the new structure there's no drain there's no drain you have the property drains down the road
okay into a drainage canal okay okay questions Mr mer mr muller do you have any questions um just trying to get all the variances how how many how many variances are we asking for two two yeah
they're asking for two one for the setback to the chicken coupe structure and the other one for being over 50% of the living area of his principal house okay is that that's a kind of an unusual
request though to have the square footage over the Yeah 50% no we get those quite often you do okay and the neighbor to the north directly to the north is fine with the chicken coop being where it is yes he uh the
owner is actually passed about a year ago okay uh but her son comes every couple of weeks and uh he's fully aware of it it's been there since summer okay and is he on the letter yes I did give him the letter well I talked to him about exactly what's going on about the
variance i didn't have a letter to give him i would have gotten his signal okay well if he doesn't mind that's that's a good thing okay that's right and you have kind of an unusually large piece of property for that area right 2.3 acres big piece for the police foundation back
there okay thank you okay no more questions um you could just step aside let me see if there's anyone in the audience would like to speak concerning this variance as I'm seeing none you can come
back up i'm sorry mr hoffman um no no more no more questions here okay can someone read the date on the survey for me please i'll write it down this time
and the reason why we doing that because we don't have our packets so that's the reason why we're in the blind the date on the survey is September 20th 2024 thank you okay I make a motion that we uh approve the application for both variances uh
depicted on the survey dated 9204 a second i'll second a motion has been made mr hoffman sec Mr halberg second all in favor say I i i i
um let me read the six points that special conditions and circumstances exist which are not applicable to other land structures or builders in the application 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 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 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 the
variance would be in harmony with the general intent and purpose of this chapter there's been a motion to approve a second and your variants have passed thank you thank you can we have the next applicant please
you can have those actually have the vote speak you've had you had a motion a second go ahead and actually hold the vote so we have for the record who's For the record we have a motion to pass and
a second and a second all in favor say I i the motion pass thank you item H4 Alfonso Liator Diane
Carluci request variance chapter 62 article 6 Bvoulevard County Code for the principal structure in the TRC-1 zoning classification application is 25V
00006 located at tax count number 304 four 55 in district three do you swear to tell the truth the whole truth i do troy Douglas D U G L uh
address 4455 Meco Road okay and do you swear to tell the truth did you say I yes I did and can you present your case please yes um we're requesting a variance for a accessory structure that was inadvertently built um 9/10 of a
foot into the uh front setback um this was a a mistake speak a little louder for me i'm sorry this was a a mistake during the building process and um it uh you know they they want to keep their
structure as it is and not have to tear it back down um that's all I know okay okay i have a question is the exit the structure that was just built is that
the carport or the utility room it's both that's both it's across the whole front yeah okay everybody's busy i'll ask this is your house correct uh you're the builder i'm just uh Yeah the builder and representing the home you're representing them uh would you run this
past me again what happened this was during building during construction yes i believe one of the uh survey stakes were on a 1 foot offset uhhuh and so the structure got measured during the building process one foot into the front
setback um you know this was you know a human error but it did happen somebody got a free foot of concrete huh any other questions miss Dr bass no okay mr humber is in your district
this is three mhm district three is this the whole thing yes what's the date on this thing sorry could I just take a second i don't have the uh all the paperwork
well while he's doing that can you step aside is there anyone here in regards to this variance that would like to say anything oppose or nay thank you you can come back up okay i'd like to make a motion to
approve the variance uh as depicted on the survey uh dated 1101 2024 second a motion have been made by Mr hoffman it's been second by Mr moa can
we please vote let's go with the six criteria any discussion six and I was read the six points i just have 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 action 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 the identical zoning classifications 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
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 the variance will be in harmony with the general intent and purpose of this chapter there's been a motion to pass a
second the board can you vote all in favor say I i i this variance has just passed thank you okay mr bod can we have our
next applicant please yes item number H5 Patrick John Campbell and Kelly Martin Campbell request variance of chapter 62 article 6 Bvoulevard County Code for a dock in an RU-2-15 zoning classification application is
25V00007 tax account number 266 759 in district 4 okay well good afternoon good afternoon may I have your name and spell it for the record please my name is Kelly
Campbell c A M P B L L and this is my husband Patrick and I swear to tell the truth thank you okay so the property we're here about is we just purchased this property in January it's 425 Red Sale
Way in Satellite Beach and it's on a canal and has an existing dock that's been there for I think 40 something years the original homeowner who we bought the house from built that deck and um we purchased the home and then we
have a boat that it's why we purchased the home because we wanted to put in have our boat there on the canal when we put in the application for the permit um you know we submitted a survey and then they said that the side setback did not
adhere to the 7 and 1/2 foot you know set back from the side so our neighbor that that is closest to their property they've lived there very long too they knew the original owners they don't have any problem in our packet with our request for variance we did include a
letter from them in support of our request to put in a a boat lift also by the way the boat lift isn't touching the dock in any way it's not adding on to the dock or changing the dock it's four pylons that are next to the dock
and not next to the neighbors it's on the other side so only in front of like closer to the middle of our property um also our other neighbors don't have a problem with it it's not anywhere near theirs they also have a boat lift so we're just requesting to be able to put
in the pylons for our boat lift next to the existing structure that was there when we purchased the house okay offset the Is he saying something else for you you can come to the mic and speak thank you i I just wanted to
clarify that the request for the variance is the existing boat dock is supposedly not supposedly it's supposed to be 7 and 1/2 ft from our property line yes and it's about one ft one foot
so the variance is that we're requesting it stay as is since it's been there for so long um and and not have to move it the whole thing 7 and 1/2 ft over that's that's the request okay and on our understanding
that that is the holdup um to then go ahead and get the permit approved for the lift so this would be step one okay i see this is in district 4 dr bass uh just just a comment uh I I looked at
it uh your drawings etc and um when I read it said this request equates to an 85% deviation from what code allows but as you said when I looked at the drawing it was within 1 ft
a little bit more inside your property so you're not hanging over your neighbors it's in our property line it's just not the 7 and 1/2 ft set right right so the 85% is in your property not over to your neighbors right okay correct
so nothing is crossing the line just a little too close is the way we understand it and I'm glad to hear that you did ask your neighbor because that was my next question was do you have any do they have any concerns about it so I have no other questions
okay well anyone else has a question yes of course this is no new structure here everything's staying the same correct the dock existing dock as it is is staying the same we're not What about these pylons the pylons are not there the pylons are going to be put in next
to the dock but not attached to the dock not attached to it okay on what side for a boat lift to the other side not to the other side okay yes not the side if it we tried to put it on the side next to the setback it would be on someone else's property it's the other side and
it would probably be on the other person's dock it would be on top of their boat actually well that was the question f further away from the property line for sure thank you okay Mr muller i'm good i'm good with it i'm good with the Okay and
no other questions okay just step aside for a minute is there anyone in the audience that would like to speak to this variance seeing none you can come back oh I'll do the six steps i'm sorry dr bass would you like to make a motion
yes uh I make a motion to approve the variance as depicted on the survey uh with the revision date of January 28th 2025 okay is there a second
i'll second okay dr bass made a motion mr hberg second i will read the six variants that special conditions and circumstances exist which are not applicable to other land structures or buildings 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
that literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter and that the variance granted is the minimum variance that will make possible the reasonable
use of the land building or structure and last that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurous to the area involved we have a motion to approve a second the
board how would you vote all in favor say I i your variance have passed thank you thank you appreciate it nice afternoon Mr bod the next Yes item H6 Kenneth Robert Crawford and
Diana Sue Crawford trustees request variance of chapter 62 article 6 Bvoulevard County Code for a swimming pool screen enclosure in an RU-1-13 zoning classification application is 25V
00008 located at tax account number 3024933 in district 3 thank you good afternoon good afternoon for the record do you swear to tell the truth hold truth nothing but the truth yes ma'am and can you state your name
for the record clearly into the mic and then spell your last name for us please my name is Kenneth Crawford this is my wife Diana my last name is spelled C R A W F O R D and how can we help you today the purpose for our appearance is to
receive a variance approval for 1 foot and which 1 foot and/or 12 in from a 5-ft rear setback required to install pool screen enclosure um provided documentation was the approval from our
HOA vacating a total of of six foot uh from the initial 10-ft private drainage easement uh we do have signatures from of residents from both sides of our home um additionally uh we've spoke to other neighbors
farther out uh left and right we have no neighbors behind us besides ducks and wheat reads and water um the survey shows um showing where the existing pool and proposed screen
enclosure placement uh we have an additional 20 plus feet of easement behind our property therefore drainage is not an issue uh it is a St john's River water management uh storm water track H um the preserve abuts the back
of our property therefore there is no obstruction to view from our neighbors and there are no neighbors to in the back of us to be affected by the variance approval thank you okay this is in district three mr humber
what development is this this is the um Lakes of St lakes of St sebastian okay do you have anything from the HOA any It's in the It was in the package it was in the packet mhm
i have a copy here but See that that's not it so the HOA has no problem with this right it's it's an actual private uh easement in the back oh it is it's 10 foot they when we started with the pool
they gave us 5 foot and when we found out that there was a measurement error by the pool company we went back for an additional foot and so now they've given us six foot of the 10- foot drainage easement and they've released that it is written in the documents i I I have it
here but Okay but they it is in writing that they have released it okay thank you you're welcome okay any other questions Mr moore dr bass I found the document you want to see it
no that's okay thank you any other questions seeing none may you just step aside let me see if there's anyone in the audience would like to speak to this variance seeing none you can come back and can we have a motion sure i'd like
to make a motion uh to approve this variance as depicted in the survey provided with a date of 220 uh 2025 i'll second that uh it's a date of 2025
to what 202 yeah 22 2025 that would be O2 there's a motion to approve by Mr hamburgg a second by Dr bass i'll read the six steps that special conditions and circumstances exist which are not
applicable to other lands structures or buildings 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 that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in identical zoning classifications that the variance granted as the minimum variance that would make it possible the
reasonable use of the land building or structure and that granting the variance will be in harmony with the general intent and purpose of this chapter and that such use of the variance would not be injurous to the area involved we have a motion to approve a second all in
favor by the board say I i your variance have passed thank you thank you point of order Madam Chairman yes could we um now have the cooks come forward so that uh they're they're being delayed through no fault of their own
what was that uh I was asking if we could get the cooks back now that we have the right yes if you'd like to we could bring item H2 back okay item H2 come back could Could I make another comment just for time sake um being that the conditions of
variances are well known by these members they're in our package is there really a need to read them in after every item yeah there is there is is that required it is okay learn something new every
day okay this is number two so just for the sake of everything we're just going to swear you back in is that okay okay yes okay do you swear to tell the truth the whole truth nothing but the truth i do and just your name for the record again please and spell your last name for us kowals Skate Cook
and spell it okay c O K thank you okay and now also your name thank you very much my name is Joseph Bashand i represent Miss Cook my last name is spelled B A C H A N D thank you and just to reiterate again can you tell us again
why you're here most certainly um briefly she has a shed that a joint tour structure on the south side that encroaches upon the 7 and 1/2 ft um setback that is our only request here today um I I've heard um other requests regarding the percentages of the
encroachment what I would bring to um I think is most important from Miss Cook was Miss Miss Cook did not understand that she was encroaching um that this was not intentional on her part she's here in good faith to resolve this and I was just going to testify to her
ownership of the property that indeed this would present a hardship to her if she had to remove that structure that would be this the um the questions that I would ask her i have an engineer who's also present okay and I'll have him come testify very quickly okay miss Cook
where do you live i live at 1270 North Banana River Drive on Merit Island Florida 32952 ma'am you've previously provided um pictures of your shed to the board yes
and do those and I I'd ask if the board has these in front of it okay great that being said do these actually um do these represent the current condition of the property yes ma'am they do and what I'd like to show
you is I believe which is numbered number four on your package ma'am that's from the street um west looking um east okay i'd like to show you what's been marked as number five
what does that photograph represent um that's from the church property looking on to the house so that would be um from the south looking north and the last one what is that that's number six that's
the shed it's an extension and um it is um looking east very well ma'am um when did you complete this shed gee about two years ago okay and are you
requesting of this board that they grant you a variance from the 7 and 1/2t um setback on the south side yes all right i have an engineer if the board would like to hear he has provided a a an
inspection report yes is it all right if I have Miss Cook sit down yes thank you so much please have a seat ma'am you can have a seat right there okay mr shinsky put you under do you swear to tell the truth the whole truth and nothing but the truth i do and can you state your name for the record and spell your last
name please yeah my name's Ed Shinsky s H I N S K I E you want my address as well yes 4707 Wild Turkey Road Mims Florida thank you how can we help you so briefly could you give the um the board the benefit of your educational
background uh yeah have a degree in structural or in civil engineering i practice as structural engineer professional engineer since 1994 um here in Bvard County the whole time sir you're so licensed in Florida yes um
sir did you have an um an opportunity to inspect the shed that is the subject of this variance request yes and did you um issue a report yes and is that report the same that has been provided to this board yes could you briefly uh summarize what you observed in inspecting the shed
yeah the the concrete slab is existing i inspected the framing um I had them open up because it was completed i asked them to open up certain things so I could see hurricane strapping there's a ledger attached to the existing structure where the rafters come off of they opened all that up and I have we have photos of all
of that um there's photos showing the studs at 16inch on center there's anchors in the bottom plates there's hurricane straps at the bottom plate to the studs the studs to the top plate the top plate to the rafters and then the rafters are connected to the um to the
ledger board um things I couldn't see you know sheathing on the outside I couldn't see nail patterns and things like that but everything I saw uh which is really the structural portion of it all uh meets current code um and
structurally sound meets the current for the wind speeds and everything in the area sir and did when did you do this inspection february 11th of this year and this is a report that you provided to me yes and that would be the same that I provided to the board okay um
I'll have Mr shinsky he's available for questions but that's all I have of Mr shinsky and those that's the extent of my um inquiry okay do any the board have any questions no I do okay we have one question was a permit uh a building permit uh
drawn for this uh structure question is me i can advise yeah I'm not aware of that there was no permit pulled sir oh okay so that's the reason for all of this yes sir because it didn't have a county inspection that's correct sir good thank you okay okay no other
questions for the engineer okay thank you good thanks all right thank you sir thank you okay may I sit down yes you may thank you very much is there anyone in the audience that would like to speak pertaining to this variance yes
you can come forward please good afternoon hi there i just need your name for the record please kevin Radlin r A D L E I N and do you swear to tell the truth i do okay
how can we help you um I am actually the pastor of Lighthouse Christian Church at 1250 North Banana River Drive and we're the property uh that is up against the property where the variance is being asked for and we just wanted to say that we have no problem with it oh okay great
so you're on the right or the left of the property uh the right if you're looking at it okay from the street any questions for the pastor all right pastor I see no questions thank you okay you can come back up this
is in district two Mr mulla yeah u couple questions so when was the shed constructed um it's my understanding it was 2023 2023 it was constructed it's attached to the house i mean it doesn't even look like a shed it looks like it's part of the house um so
it looks nice um doesn't look like a typical shed uh any reason why a building permit wasn't pulled for this and I'll have Miss Cook answer that question but I can represent to them what she's advised me and she'll testify to this is that um they were essentially they were trying to see if they could
redo the the shed that was sitting there which was made out of plastic and as they went through it it started to disintegrate so they ended up demolishing it and so she went to go replace it and in so doing she didn't know that she needed a permit okay and that would be her testimony would that
be your testimony Miss Cook yes it would okay i wouldn't expect her to know but I would expect someone that would build One of the things too Bruce is the building department doesn't require um a building permit if a accessory structure is less than 100 square feet if it is on
concrete it would require a building permit okay and I would think this one's on on concrete yeah and attached to the house is is is a building permit been filed for this after the fact no and it's not under code enforcement
uh no this came about because they're trying to build a guest house in the back okay okay okay any other questions from the board no mr
hoffman Dr bass no mr humber no okay seeing none just step to the um I'm going to make Do you need a motion made for district two a motion
yeah um can we make a motion that we could approve it with a condition that it obtains a building permit yes you could do that we we can have conditions put onto the very That would be my motion that that it we approve
this based on the survey dated 12 1224 and the condition that it obtains a after the fact building permit do we have a second i'll second we have a motion by Mr moa and a second by Mr
hoffman now I'm going to read the six points that special condition 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 provisions of this chapter to other lands 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 and that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and that the granting of variance will be in harmony with the 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 approve and a second all in favor by the board say I i this variance have passed thank you thank you very much may we be excused
mr bod can we have our next applicant please yes item H7 Christopher V and Susan E tidbball request a variance chapter 62 article 6 Boulevard County Code for a detached garage in an EU zoning
classification application 25V 00009 located at tax count number 2317 644 in district 1 good afternoon good afternoon chairman uh members of the board of adjustment my
name is Kim Rosena with the law firm of Lacy Rosena in Melbourne Florida rezka i'm here on behalf of Chris and Susan Tidball who is requesting a variance of 6 and 1/2 ft from the 15 foot setback side setback um I have a
PowerPoint here or a presentation um the Tidals purchased this house in 2020 it's a 1957 house it's on 1.43 43 acres located about three and a half or 3.2 miles north of State Road 528 it's on Indian River Drive it's not a platted
lot uh there's a mix of houses in this area from the 1940s to the early 2000s um this is a wide lot of 100 ft which is wider than some of them in this area and uh it is um next to a a um right ofway
undeveloped right ofway 50 foot to the north called Thompson Avenue that's used by the county for drainage this variance is to cure an encroachment of a detached garage that's been there since 1989 and that would also allow them to
renovate their home this is the house currently 445 North Indian River Drive this is the garage that was built in 1998 permitted um and it is 8.5 ft from the property
line it's should be a Vance request of of 6.5 from the setback there that's the north side of the home that's going to be connected to the garage you can see the garage um on the far right of the screen there this is the proposed addition you
can see the one uh story garage which is a twocar garage it's 8.5 ft oh yeah it's hard to see uh from the north property line uh this is the uh proposed renovations
that we'll add to the north side of the home and the before and the after rendering again the front elevation after construction and the north elevation stated as the right
elevation uh this is the location of the 50oot rightway Thompson Avenue it's overgrown and in disrepair in fact the property owners maintain the eastern portion of it as you'll see here momentarily that's the portion that they
maintain adjacent to Indian River Drive and that's what it looks like um looking to the west again looking west there's trees down in it and that's looking from the east
there there are drainage structures in there but it's not traveled at all in fact we tried to vacate it but the county wouldn't allow us to do that um these are other uh instances of other garages that are close to um right away used right away again a lot of these
houses were built long ago and maybe before the zoning code here's another one unimproved right away with the structure closer than the than it should be so our request is
um a 6.5 variance from the 15t setback based upon the survey dated October 7th of 2024 this will cure a current nonconformity neighborhood will benefit from improved aesthetics and increase in home values there's no objection from
the neighbor to the north i have letters I have a letter for you and that the homeowner will benefit by um having a conforming house and being able to uh to renovate the home and add to this 1957 home
thank you uh the package I just handed you on the first page is the property details from the property appraisals website just to show you indeed um that it is the Tidb's home and it's a 1957 home the second is a letter from uh Mr santi
um who is a real estate broker and uh is in support of this the second is from Michael Artelli and I'm trying to remember which is the neighbor he's the neighbor mr artelli is the neighbor to the north he has no objection to this as well i've
also provided for you an agenda report um from a variance that was granted by this board back in October of 2024 it's about 1.13 miles to the north and again it was a setback application um I'm not
able to pull the actual resolutions from BAS but I did want to show you uh that the BAS does show that it was approved and it was actually at 22.9 ft from the 25- ft setback requirement because it was an old home and uh that's what you all try to do you try to cure the nonconformities to allow people to move
forward and to uh have a usable house so with that I do have the tidbulls here if you would like to ask them any question if not we would uh I can go through the factors for you but they are in the in the presentation and this was not caused by them they bought it this way they're trying to improve their home cure
non-conforming no one will be impacted because it's a you know it's next to a 50-ft unimproved drainage easement uh from the county and they actually have been maintaining it with that I would ask that you would approve the variance of 6.5 ft from the 15t setback based
upon the survey of October 7th 2024 and we can answer any questions this is in district one that's my district yes ma'am and um unfortunately I wasn't able to come out to see the home i apologize for that but
um I don't have any questions this was clear do anyone else have any questions no mr moa uh the only question is make sure that the the the variance is specific to the because this is a corner lot so it' be
the side the side corner it's the north property line the north property line okay yep thanks okay dr bz no it's very clear mr huffman uh just a tangential uh question is this on Indian River Drive is that where they're fighting to protect the trees that are overhanging
the road i don't know if it's in this little further south a little further south okay a little further south that orients me i know where that road is there's a lot of things going on in the new river drive i was also thinking along that line that it's on the Indian River and obviously it doesn't have an effect on the Indian River which is very
important this time correct oh yeah okay dr bass could you make a motion please yes uh I make a motion that we approve the uh that we approve this variance based upon
the survey provided with the revision date of 23 of what 23 2025 23 2025 do we have a second
second okay we have a motion to approve by Dr bass a second by Mr moa before we do that is there anyone in the audience that would like to say anything concerning this variance please i apologize for that i seeing none I'm
going to read the six that special conditions and circumstances exist which are not applicable to other land structures or buildings in 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 that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other
properties in identical zoning classification under the provisions of this chapter and 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 that such variance would not be injurous to the area involved or otherwise detrimental we have a motion to approve a second the board can we vote all in favor of passing this variance say I i i this
variance have been passed thank you could we have the next applicant please yes item H8 thing and hang tran request two variances of chapter 62 article 6 Boulevard County Code for a principal
structure in an RU-1-9 zoning classification application is 25 V0000 located at tax count number 2611 578 in district 4 good afternoon hi
may I have your name and can you spell the last name for the record please tang Tran t R A N thank you do you swear to tell the truth yes thank you present your case yes um back in November I purchased the house on the uh um the
address is 4601 Cookina Rich Melbourne 32935 and before I move in I'm looking to remodel and try to um add some more add some garage and add some room in the back before I move in but the house were
built in back in 1963 the size set back is five uh 5 uh 5T 8 instead of 7.5 but right now I just um try to ask I
want to maintain that variance so I can add some more garage and in the and room in the back okay and you know on the survey and everything there yeah and this is from district 4 Dr bass yes uh I I don't have
any questions uh basically uh I did notice that you uh said that it would not negatively affect the neighboring properties and uh I did notice that uh you have uh one of your neighbors is
the Bvard County Commissioner Post Kurt Smith so I thought well that's a pretty good recommendation so uh I also am always concerned about any impact to the Indian River obviously this is not going to impact and there's no mangoes trees
that you're going to be destroying correct so I have no questions okay thank you okay mr hoffman no questions mr hamburgg no I noticed gentlemen he's a honorable man and Mr moira good thank you okay just
step aside is there anyone in the audience that would like to speak concerning this please come up hi how are you good afternoon can you state your name for the records and spell your last name please bradley Sinclair s I N C L A I R and do you
swear to tell the truth i do okay how can I live at 4563 Coina right next to his property been there for 38 years the only the only reason I'm here is I think it's he's written his request backwards because he's asking for a variance of
5.8 from the 7.5 i think it should be um it should be 1.7 from the 7.5 i know he's just m trying to maintain the five feet from the property line but I think the way the variance is written um Oh he
would be able to build up to 1.7 feet from the property line or maybe I'm wrong mr bod could probably explain yes hang on one second please okay i just want to make sure it's right thank you for the question i have any problems what he's trying to do i just want to make sure that's
we don't want another variance request so the first one should be 5.9 ft from the required 7.5 you do the math it might have been taken from the first measurement of 1.7 instead of the 1.6 which is
closer so it should be 5.9 5.9 okay but but doesn't that allow him to build 5.9 ft further over so he'd be 1.7 from the property line no so I'm reading it back the distance is 1.6 off of the
property line is require 7.5 so when you subtract out 1.6 from 7.9 you get 5.9 that's what his variance is requesting i know but I don't think that's what he is requesting he right now he's 5 feet from the property line
and he's just going to extend it on out yeah it's it's just to legitimize this if he's doing some other uh addition he's bringing it back in the existing home is already sitting at the 1.6 at different points if you look
at the what's circled on that survey that's in the packet the existing home is already just the 1.6 ft off the property line so we're looking at that 5.9 difference is what basically legitimizing the setbacks for the existing home to be able to build the
addition on and the addition is not proposed out that far that's actually coming in but need to basically clean it up is what he's requesting yeah I understand what he's requesting but I just think the wording is is backwards i think I think this would
allow him to go further out and I guess this isn't my cup of tea so I don't know i guess I'm wrong but it looks to me like he would be able to build up to I mean the the part that you're looking at is on the north side and I'm on the south side and for the south side it
was a variance of 5.3 from the 7.5 so to me that means he could build up to 2.2 two feet away from the property line instead of five feet away from the property line or 5.3 on the south yeah the south should be
five 5.5 because there is a twoft dimension there but isn't the variance there's one requesting 2.2 two he from the 7.5 7.5 minus he's requesting it as what it is on the
survey so whenever his proposal is he's going to be 4.7 off of the um proposed garage and then it's back to 5.2 and he's trying to legitimize what is there now on the bumpout that goes out to 2.2 two
and two two PE feet even well I guess I just don't understand because I understand what you're saying but I and this is y'all's what you do for a living so al also one of the things is it will be as he submitted this survey
it will be um it will be approved per the survey the survey right so so it wouldn't be approved where it could build up to 1.7 differ any more than what this survey has provided right
okay i guess that answers all my questions okay so thank you Mr bod the survey of 3325 is accurate correct yes this is what it's going to
be proposing for his garage also i have no other questions thank you okay any other questions from the board dr bass would you like to make the motion do we hear oh I'm sorry oh I'm sorry i didn't see you i apologize come up please and your name for the record
Esther Tomakoski T O M C Y K O S K I and um Swear to tell the truth long one swear to tell the truth i live on the north side of Trans House i'm at 4605 Coina Ridge Drive so yeah I that was my question too what Brad had just because
I know part of the structures that are there now are about 1.7 to 1.8 inches off the property line so and and there's some that like the wood fence that's there a palm tree kind of encroach on the property line already so if I were
to improve the property or try to put a fence up or something like that I just wanted to make sure that um like the the shed door that's there right now couldn't open with a fence there so if he was going to go to the five foot that would be doable but I just
didn't I wanted to make sure that it was going to be like the five foot going back and coming forward and just staying within 20 ft of the water in the backside just to preserve the view and and lighting and things like that for the property value that I purchased it it's
going to be just as it's proposed on the survey so he has additions that are proposed on it right yeah and they don't go to the 1.8 inches all the way out they they are at five foot in yeah it looks like five feet on
the north side and 61 on the south side for the uh rear edition and then 47 on the front on the south side for the garage and then 59 on the garage to the uh
north okay thank you you're welcome thank you appreciate that you're welcome okay not the best i have no further questions wait ask one more question oh come back up i'm sorry
bradley Sinclair again i swear to tell the truth again um you were talking about the rear proposed additions and uh the distance between the river and thing and I were talking about this just this morning before we were here and he's
proposed to build towards the river and uh I think on the survey it shows he'll be within 10 feet of his property line in the back but he told me that he was told he could build within 20 feet the setback was 20 ft from the river not 20t from the property line so I was really
just curious the property line goes to the river and then it shows the setback distance off of a control points where the um monuments are found so he's actually probably about 30
feet from the river so where the monuments are isn't where the property line is the property line is the river line okay the dock by the survey is his and it's about 30 feet is where he's going to maybe a little bit over that on
the uh northerly side to his addition okay so I just was curious so figured while I was here I might as well ask oh you might as well thank you okay all questions asked from the board
dr bess yeah I got question i just want to make sure we're doing this right um so we have the the they need a variance for the existing encroachment which is not correct in the
staff report it should be 5.9 not 5.8 8 on the north and 5.5 not 5.3 on the south and that's just for the existing and is that correct so I'm looking at the survey so for the existing
structure the smallest distance on the north is 1.6 ft where it encroaches so take that from 7.5 that's 5.9 on the south's property line the smallest dimension is 2 feet so minus 7.5 would be 5.5 not
5.3 and then the only other encroachment for the there are some encroachments for the proposed uh additions as well so do they get the setback for the in for the whole
property line for new and existing if we grant the variance correct we just measure it from the closest point to the property line and it's usually written that way so they could so if we give them that variance they could build closer to the property line no it's going to be as
per on the survey that's the reason we call that out with that date so it won't be any different than what's on the survey that was so we can either prove it for the survey or we could say that those variances are only for what's existing and not for what's proposed if we choose if you wanted to yes okay just
checking to see what our y limitations are can and can't do then they could have had to maybe move the uh existing I the proposed into seven and a half ft if you'd like gotcha okay just checking thank you okay any other questions we have okay dr bass you like to make a
motion yes I'll make a motion i make a motion to approve the variance as depicted on the survey provided by the applicant with the revision date of 03032025 okay do we have a second
i'll second we have a a motion to approve by Dr bass a second by Mr hbert i'm going to read the six points 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 an applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures
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 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 variance would not be injurous to the area we have a motion to approve by Dr bass a second by Mr hamburgg the board
we would like to make a vote now all in favor say I i i this variance have passed thank you could we have the next one Mr bod please yes item H9 Anthony F and Beth Mary
Maggs request variance chapter 62 article 6 Boulevard County Code for a principal structure in an RU-2-10 zoning classification variance application is 25V 0000 11 located at tax count number
261555 in district 2 good afternoon afternoon do you swear to tell the truth the whole truth and nothing but the truth i do and may you state your name for the record and spell your last name as well absolutely can you speaking to the mic tony Mess last name is spelled M E Gs and I'm here with
my wife Beth okay thank you and how can we help you yes um we're here for request of a variance i think there's two reasons we're asking for the variance and two reasons that we need uh the variance we're asking we're trying to uh this is our principal home we're
trying to build trying to build a home that we can accommodate aging parents and we're also trying to build a home where we can save a 45 in grand oak tree in our backyard the reason we need the variance is our front um setback line
lot line kind of does a curve and when we place our home we try to place our home inside those setbacks it causes the corner of our house on the south side to be a little bit outside of uh that front setback uh line um the other reason when
we built a seaw wall in the back up against the canal there were some mangroves that we wanted to save and not touch so it caused us to build a seaw wall you know more land and so we lost a little bit of land there and so um those are the reasons we're asking for the
setback and those are the reasons that we need to set back to speak to harmony in the neighborhood uh the architectural committee has given us approval um because they also kind of want to do the best to save those big oak trees uh and
then also um we went out and met with our neighbors to let them know what we're trying to accomplish and um uh everyone that we met with um had no objections and I don't know but I don't think there's anyone here today to object to it either
okay thank you this is in district two mr mo yeah i don't have any questions okay mr humber I hate oak trees but 45
the house is not built is that correct no sir do we have a drawing of the So that's right there is where it approaches in this curve you know it's a mostly a square and it doesn't quite fit
because the rest of them all are straight he's got that little curve causes action and the trees back here so he's pushing the house this way okay and also to speak to the harmony aspects all
the homes on that street even after we build will all be totally aligned and in parallel with each other we're not getting any closer to the curb than the other homes i see what you're doing you'll be the only one with a tree on the street that's Well it's a beautiful area there's a lot of beautiful oak
trees and we're doing our best to save those thank Thank you okay Dr bass no I just want to thank you very much for your environmental considerations it's very important in Florida thank you
Mr hoffman no questions okay we'll just step aside is there anyone in the audience that would like to speak concerning this variance seeing none come back mr mo would you like to make a motion i would i make a motion to approve uh
based on the survey revision date 22425 i'll second that we have a motion to approve we have a second by Dr bass i'll read the six steps 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 circumstances do not result from the app the actions of the applicant that granting the variance requested would not confirm an applicant any special privilege that is denied by the provisions of this chapter to other
lands buildings or structures 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 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 the variance will be in harmony with the general intent and purpose of this chapter and that such variance would not be injurous to the area involved we have a motion to approve we have a second the board will
you all vote all in favor i I Your variance have been passed thank you thank you for serving appreciate it good luck with the truth thank you and Mr bod our next applicant please yes item H10 Teresa L and Steven
G holland request variance chapter 62 article 6 Boulevard County Code for required living area in a TR-1 zoning classification application is 25V 000013 located at tax count number
2100 634 in district 1 okay good afternoon good afternoon good afternoon do you swear to tell the truth i do and can you state your name for the record and spell your last name please teresa Lynn Holland h O L L A N D uh Steven
George Holland h O L L A N D well thank you Linda and Steve how can we help you today teresa and Steve t E R E S A teresa teresa okay thank you how can we help you we need to ask for help from the lovely oak tree
that bashed our double wide in Mims last year during Hurricane Milton here you go i have lots of pictures it was a 32 foot one from our neighbor and it came through our bedroom placing holes like
this for 12 years we've been wonderful neighbors um we did have to get it this is what happens you have to tear the whole thing down and as we well know after a home is
over 10 years old you have no insurance it It was pretty well destroyed in Milton it was just This is our closet i had to climb under all of that debris where the tree fell to get his work shirts it was
horrible so it was an economic thing we had to put every single dumpster at about $300 a dumpster times 16 but the original dumpster was 2,000 i forgot to tell you that um to demo it
to demo it which we did all with family so with what we had left in our little savings account we went and got a home due to our econ economic issues that is just shy of 200 foot
less we own a gorgeous property it looks like HGTV it has an orchard the trees the oaks it is quite beautiful it is stunning we took the eyesore out and due to what we have left in our bank account
we went and got a four-year-old tiny house which we plan to put the faux stack stone on the bottom and then paint offset here and put the shutters we have a couple of
women on our street that are um not happy with the appearance of a god- aful ugly tiny house it's what we could afford that's what we did we also are supporting our grown daughter and her
two children while she's finishing up her school so my husband works I'm retired from the state of Florida she's 25 years at the space center there's only so much you can stretch money and resources and we can
really make it gorgeous and this is an economic hardship massively and we applied for FEMA fema said "No you can have a bottle of water and a bag of ice at Merit Island back in October of 9th but my husband works
therefore we can take care of ourselves not so much i need I need some grace to put a little tiny house on our property please okay so I see this is in district one and that's my district but I have a
question for you so do you have the house on the home now on the land now yes ma'am i made an ignorant mistake realizing when I called they said impact fee the the plumbing the electric and everything has to be permitted okay no
problem i come to pull the permits and they're like "Oh it's already there it's I think 92 foot littleer than what was taken away." So I said "Okay well what do we
do?" And they're like "Do a variance because it's still I'm sorry it's still sitting there we've cleaned up the yard we had to hack down the tree and clean up i have an orchard an actual edible orchard there we have a koi
pond it's fenced and then we have a tennis around on the inside so we're not really offending anybody but unfortunately the two women have nothing better to do than kind of complain and And those are those your neighbors on
the left or the right of you one is on the right and the other one is diagonal but I also have pictures of a lot of our neighbors that look a whole lot worse and nobody complains about them so
I mean it's Well let me ask you this did you get any letters supporting you with your home on that on your property no they're all afraid of her she's 86 and she doesn't currently take her medication as directed and she gets Lee's crazy little outburst she's kind
of the boss of the neighborhood and we live on a culdeac oh okay and out in 46 on Mims and we've been there about 12 years okay and so we just want to put a little tiny
house there and live that's all that's all I'm asking for okay i have lots of pictures of other really deplorable houses that the roofs are falling off they have
RVs parked with junk that's been two years in the making he just parks it in there and puts his trash in there and he doesn't ever take it and pay the dumpster fees which are crazy high point of order Madam Chairman sorry point of
order the pictures that she's showing us need to go to staff for Absolutely okay not Oh here's a great one that's the tree that fell in our bedroom that's insulation okay it It was horrible i'm with you i
can imagine oh it was bad it was horrible i'm sorry for that do we have any questions Mr hoffman and earlier on you you just made a phrase statement it may have been I'm
misinterpreted but you said after 10 years there's no insurance no on a mobile home oh gosh I missed one can you take that over there sweetheart thank you thank you i can do He's 45 years we're together married
um mobile homes over 10 years old you will not get insurance it unless it's a brand new mobile home and then after about four years they start jacking it so high and then after nine years nothing yeah we're friends with the
insurance agent in Melbourne and uh they they tried every way to get insurance for us and it's not feasible and that's why people they say it's not I'm sorry you say it's not feasible no as as economical or you
can't an absolute cut off that the insurance company will not ensure correct a structural massive condo problems that they have down in South Florida trying to keep insurance the people all are leaving the state all the insurance companies okay i That's new information to me i
didn't know yeah you You couldn't get insurance at any price it's almost virtually impossible call an insurance company sir and tell them you have a 45y old mobile home you'd like to insure and they will laugh you
okay dr bass no I have no questions mr hamburgg uh no questions mr more no no questions okay I'm going just check with the audience is there anyone that's my sister okay would you like to
come and speak in regards to this can y'all just move to the side please and let her come up can you state your name please for the record and spell your last name melissa Shaloski s H A L O S K Y do you swear to tell the truth i do
okay um I have This is my sister we have done uh a lot of extensive work up there with her tearing down that mobile home and before that time from the hurricane until everything was torn down she was living her and her husband and her
grandchildren were living in black mold every day and the floor giving out on them uh she would have to replace pieces of plywood to where you could walk and then where you couldn't as we were tearing down we had you know a few little injuries of uh people going
through the floor right um it was horrific i've never seen anybody live in those conditions the cabinets in the kitchen fell off of the walls uh one of the bathrooms was completely unusable
the other one was leaking profusely she was in a no-win situation she is um she's supporting two households on their salary uh my brother-in-law has congestive heart failure he's working at 75 years old
she's under disability for several things with her back a cage in her back and she's out there working she's also employing about half of the street for handyman keeping them busy on what she has been finishing and at the top of her
street there's also I think maybe three trailers in or so there's also a single wide up there now the neighbor that she is speaking of that lives directly across from her uh Teresa used
to send her food over daily take care of her help take care of her animals they were uh very congenial at some point she's just done a complete turnabout and uh as you can see the the
letter is just a carbon copy somebody else here you want to sign this here you well you you these are elderly people okay what do I got to lose she's got everything to lose she plans on putting another if this variance is approved
another bedroom onto that trailer as her goal so she can accommodate her grandchildren also and that would be going in with code or whatever she has to do she didn't start this uh process in malice of breaking any rules or
regulations she started this out of oh my gosh now what are we going to do where are we going to live and and how are we going to maintain healthy she's been living in a hotel once we found out that we couldn't put her in the trailer
which has been at a huge huge cost to to a a stay hotel uh for them putting them out of their home and you know she was in tears last night she goes "If I don't get this do you know that we are homeless at our age we're homeless we've
worked our whole lives we've improved neighborhoods we've improved our um our neighbors being neighborly what you're supposed to do that's what God wants you to do lift everybody up help them out and unfortunately I don't know why this
lady has done a turnabout maybe her age maybe she's got some difficulties who am I to say but I can speak for everything that my sister and brother-in-law have been attempting to do and she wants to do this in the right manners so I really
hope that you grant this variant so she can have a place to live i have a question for you sorry to interrupt you but uh you're all indicating about people in the street that do not like the current situation but yet nobody's here correct no okay no okay that's all
we have to know okay okay thank you okay well this is in district one can someone make a motion please i'll make Okay I'll make a motion i'll make a motion to approve this variance
dated what is it i don't have it 34 2025 34 2025 i'll second okay we have a motion to approve by Dr bass a second by Mr humber i'll read the six variants 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 provisions of this chapter to other lands buildings or structures and that literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed by other properties in identical zoning classification under the provisions of
this chapter that the variance granted as 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 variance would not
be injurous to the area involved we have a motion to approve by Dr bass we have a second by Mr humber all in favor to approve this variance i I opposed we have for the purpose of not being in harmony with the
rest of the neighborhood okay let's make it noted that Mr hoffman have denied from not being I'm sorry say that again um no i just
say I'm opposed to opposed for um the u variance the variance not being in harmony with the neighborhood not being in harmony with the neighborhood but it still passes and the vote is 4 to one the variance passes good afternoon thank
you thank you very much 10 for 10 you're welcome never ever seen that one thing Jeff no one thing Jeff Ball told me before he left last year and
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