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 of zoning adjustments on Wednesday, November 19th to order. Any staff announcements? >> No. Mr. Bod, can you do the first reading, please?
>> Yes, Mr. Chairman. The board of adjustment is a quasi judicial body established by the board of county commissioners under chapter 62, article 2, division 4 of Bvoulevard County Code. The board of adjustment is empowered to hear rec requests for variances to the zoning regulation and
assigned 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 11 items on your agenda today. >> Thank you. Second reading, Mr. Halberg. >> 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 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 the land owner cannot yield a reasonable use and or reasonable return under the existing land
development regulations. An applicant must answer a variant hardship worksheet with six questions. The board of adjustments will discuss these questions today with each applicant who has requested a variance. >> Thank you. For the third reading, Mr.
Hoffman, can you read our board procedures, please? >> Mhm. >> I will now I will now address our bo, my fellow board members, the applicants, and our audience regarding the board procedures
for today's meeting. The board of zoning adjustment as a quasi uh judicial board with members appointed by the Bvard County Board of Commissioners will utilize Robert's rules of orders to conduct its proceedings. The chair is
asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentations, 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 once and only once. So be complete and concise. At the conclusion of public comment, the applicant will be given additional time for any rebuttal as well as to present
their final comments. Once completed, no further comment will be heard from the applicant or the public. The action moves to this side of the bar for board discussion and action. We will not use a timer for this meeting. Instead, we are asking each speaker to be concise in
what they have to say. It is important that you stay on subject and avoid information that is not uh that is not relevant. All persons speaking must provide their name and address for the public record. Those wishing not to verbally state their address may ask the
clerk at the podium for an address card. Please fill it out and return it to the clerk at the uh end of your presentation. Thank you. We will now do the meeting minutes from our last meeting on Wednesday, October 15th. Any changes and
motions to approve? >> Any changes? >> I second. >> We have a motion to approve by Miss Clemens and a second. Thank you so much, Mr. Hoffman. Okay. Applications for variance. Mr. Bod, can we have our first
>> We need to vote. >> I'm sorry. Can we have a vote, please? >> All in favor? All in favor of the meeting minutes to be approved. >> I >> I >> I meeting minutes approved. Okay, >> Mr. Bod. >> Yes. Item H1, Daniel C and Darcy Star
request variance chapter 62, article 6, Bvoulevard County Code for a D dock in a RU-1-11 zoning classification. application is 25V 000062 located at tax count number 2418477
in district 2 and this item was tabled from the October 15th BOA meeting >> how are you >> I'm good how are you >> good afternoon that's where you in swear to tell the whole truth nothing but the truth >> I do >> your name for the record and address
>> Daniel Star 1410 Tourist Court Merid Island Florida 32953 three. >> Okay. How can we help you today? >> Um, I'm asking for variance for the dock height. Um, I rebuilt a dock that was existing that had been damaged from a previous hurricane. We moved in. I
assumed I could rebuild the dock. I did. I built it higher because our seaw wall is relatively low compared to some of the other neighbors that have had their seaw walls redone. Our seaw wall is in a great shape. I didn't want to incur the cost to rebuild the seaw wall. So I just built the dock 20 in above the seaw wall
to accommodate not having water exposure to prevent it from deteriorating faster than it probably should have from the last like as the last dock. So that's the ask I'm asking for is the variance to approve a dock height higher than the
seaw wall height per the zoning. >> Okay. Thank you. This is in district two. Miss Clemings, would you like to start off? >> I um I really don't have any questions. I see that you've completed it. You don't have any open code violations or anything like that?
>> Nope. >> Okay. I don't have any questions. >> Okay. >> Mr. Hoffman, any questions? >> Um, I'm unfamiliar with these regulations. You're asking for an increased height and it's kind of a question for our
staff. >> You make sure you speak into the mic so we can pick it up on the recording. >> I'll start over. Um, I'm not familiar with these regulations. I'm just wondering what the height restriction is related to. >> The height restriction is a code that
says that it can't be over if there's an existing seaw wall. It has to be uh even with it. So he increased it over it like he was saying that the seaw wall was very low. He's trying to get it up out of the water. The whole dock structure. >> Okay. So that the regulation is even
with the >> Yes. It says that it's supposed to be even with it if there's if there's existing seaw wall. Okay, thank you. >> Okay, Tom Bart. >> Yeah, just one or two questions. It could lead to five or six. Who knows?
>> I'm ready. >> The question is or it looks in the in the picture if you made it even with the seaw wall, the dock would be in the water. Correct. >> It would be in the water a a chunk of the year. You know, the the canals do uh adjust in height, water height. So, a
good portion of the year. And this is more of a monetary thing. You just didn't want to put the money into the seaw wall cuz it's okay. Correct. >> Correct. Yeah. Seaw walls can be pretty expensive. >> You don't have any other pictures of the seaw wall, do you? >> Uh I don't I did bring a picture to kind
of show you where where the dock height is in relation to the seaw wall. And um yeah, there's a good picture right here. Can we turn So you can see our that's the existing dock that I built. It's 20 inches above
the existing seaw wall. If you look across our canal, you can see that our neighbors have a similar height seaw wall and their dock is underwater a lot of the year. >> Have you had any uh complaints from the neighbors that neighbors know about this? >> Yeah, all my neighbors know. Yep.
>> Okay. >> No complaints that I know of unless they made a comment that I'm unaware of. >> Okay. Thank you. >> Okay, I don't see any further questions. Just step to the side. Let me check with the audience. Is there any anyone here that's in favor of this or opposing this
variance? Can you come up to the podium now, please? Seeing none, you can come back. Miss Clemens, >> I make a motion to approve the variance request as depicted on the survey provided by the applicant with a date of 57205.
I'll second. >> We have a motion by Miss Clemens to approve, a second by Mr. Humber. I'll read over the six factors. And bear with me um my eyes today. I'm sorry. That special conditions
and circumstances exist which are not applicable to the other land, structures, or buildings in the applicable zoning classifications. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested
with no sorry y'all I'm really having a hard time today with my eyes but I apologize. Go ahead >> please. So number number three is 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. Uh number four, that literal enforcement of the provisions of this chapter will would deprive the applicant of rights
commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. That the number five that the grant that the variance granted is the minimum variance
that will make possible the reasonable use of the land, building or structure. And number six, the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or
otherwise detrimental to the public welfare. >> Okay, we have a motion to approve by Miss Clemens, a second for approval from Mr. Humber. We have an individualized vote. Mr. Hoffman >> I.
>> Sonia I >> I >> I. >> Your variance have approved. Thank you. >> Thank you so much. >> You're welcome. >> Mr. Bod, can we have the second variance, please? Thank you for helping me. >> Yes. Item H2, Park and Cruise 2 LLC.
Request three variances of chapter 62, Article 9, Bvard County Code for proposed and existing sign in an IU zoning classification. applications 25V 000030
located tax count number 2428311 in district 2. And this item also was tabled from the October 15th BOA meeting. >> Okay. Good afternoon. >> Can I swear you in >> Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do.
>> Your name and address for the record, please. >> Uh William Moberg, 274 Andros Avenue, Cocoa Beach, Florida. >> Okay. How can we help you today? Uh we're trying to get a signed variance for parking crews which is located at 1700 CRA Drive. Um I think you guys have
information on We came here I guess a month ago. We were missing piece of paper needed to do it. We're asking for 80 foot. It's basically like a industrial interstate type location. A lot of high vegetation Australian pines
and we're just trying to get signage to get our guests there safely. Okay, this is >> Myra approved us, I think, for 45 feet. Um, they said they were good with that. We're still asking for 80.
>> Okay. I see this is in district two. Miss Clemens, you'd like to start the questioning. >> Um, I have a question for you first. Um, is this are you asking for the approved amount of um changes versus MyRA? Is this over and above that or is
this an addition to or we >> they're asking for the amount that was for uh what was advertised. Myra has however uh requested them to reduce the height and also the square footage and also not have an LED but then allow for
the pre-existing non-conforming sign to be remain in permit premise and it's up to y'all to make your decision which y'all want to do. >> Okay. So you're still requesting the original request for the variance for the height of the 80t or sorry the yeah
60 ft over the 20 foot maximum. Yes. You know, I'm I'm grateful for the 45. So, I don't want to appear that I'm ungrateful for it. It just the sign he's talking about that's non-conforming is a billboard sign that's not even on the same parcel. I don't know why they can't
figure that out. Has separate paral IDs. Um, so it's not like we have a non-conforming sign on that property. It's just it's just not true. It's a billboard on a lot that's a separate lot next to our lot. Um, all billboards are non-conforming everywhere. I mean, they
don't >> That's the fourth point. Is that the sign he's rec referring to allow for the pre-existing non-conforming sign? >> Yeah, that's three. >> Yes, there's a pre-existing sign nonconforming.
>> I was just pull I was just going to pull up the survey and see if it was located on the >> I didn't see myself >> either. If you need changes, why are you asking for conforming? >> I guess I just need clarification if we're
including that in the request or if it's outside of it. Also, it is located in an industrial area. We have within 50 yards of us, we have multiple cranes that are probably 100 feet in the air at all times. I don't know if anybody's familiar with that property. It's a cell phone tower
probably within 30 yards of the property and it is on a it's right at the exit of Banana River and 528 which >> lot a lot of our customers are doing U-turns in the beine because it you don't see it coming up because of all all the Australian pines stuff like
that. The non-conforming sign is on a separate parcel, but it is on where there's still parking cars on the same uh use on the both parcels. >> Okay. >> So, that's the reason it was included >> included to be
legitimized. >> Yes. >> Okay. >> To remain. >> And then your sign that you're requesting is going to be facing west. >> Correct. >> So that they know that it's a turnaround. So they know to get off at that exit pace. >> And the billboard faces east, correct?
>> Both directions. And ours will probably face, you know, two face sign. So one will face east, but nobody's coming from the east to go to us, but everybody's coming from the west. I mean, we could make it a one-way sign. That's not a problem. Um, but you know, the billboard is on a separate parcel, so I don't know
why they include it because there's cars underneath it. That's just baffled me. I mean, but uh and part of the problem is that billboard's there. it's been there forever that I don't have any control over the billboard. It's under contract and
I don't have any control over it. So, if the sign was the height that was proposed, it's like the billboard would block part of it. So, >> okay. I just wanted to make sure. And you you have the proposed sign or the proposed sign to go in front of that
existing building >> almost almost to the property line. >> Correct. >> Okay. >> And there was a sign I mean many years back if you look on the county property appraisers. That property has been there for a long long
time. And there was a there used to be a sign on the property that's got lost in a hurricane probably 10 years ago, 5 years ago. >> Okay. >> And then as far as for the LED, is that an option or is that >> Yeah, I'm fine with without an LED. I'm
not even totally decided on the LED. Of course, the taller the sign, the more square footage you want, of course. But, um, it it's we're okay. I don't even know that I'd put an LED under it. We're just really trying to identify our customers, you know, before they pass
the exit and have to turn around in the median. So, >> okay, last question. Are you comfortable with what Myra presented to you as an exception? >> I mean, I'm grateful. I'd rather more for sure. >> Okay. >> I mean, the 80 foot we went out and measured and we said, "Okay, this gets
us over and we drove down the road and said we can see it from there." That's why we were asking for 80. Wish I would ask for 120, but it's really like an interstate, you know, where you're driving down and if it's too late, you don't realize it until the last minute. Slam on your brake. So, but I'm grateful
for whatever you do. >> Okay. All right. That's the end of my questions, >> Mr. Humber. >> Well, my only concern is what the concern Myra had that uh
it's just going to establish a precedent. I mean, how many businesses are on that road >> there? There's a marina. Um, the rest of the land's all owned by Port Canaveral really. So, I wouldn't see where anybody has a like property to that. If you're
familiar with that area, we don't I mean, we there's Cray Drive and then there's 528, but there's nothing else in between. All the land around it's owned by Port Canaveral. Any
other questions? >> Yeah. Yes, I do, but not right at the moment. >> Okay. >> So, I just like to say um and I like to be clear, so just bear with me and I apologize again my eyes today, but you're in industrial area, cranes in the area, and I just want to be clear today.
So, how I see it is that um it's definitely safety for our customers. If you're a senior like myself, you want to see the signs. So, we want to have the signs in the area where cars don't have to pass it, turn back around, go back, you know, um that kind of thing. So, I I
definitely understand that. But I also see in here that we have two requests, correct? In this variance is two. The first request equates to a 200% deviation to what the code allows. Am I correct on that, Mr. Bod? And the second request, so we're
really um >> there's actually three requests. >> Three. Did I miss the third one? Where's >> the third one is to allow for the existing non-conforming sign to remain erected in the same place >> of B of the business for >> But remember that's not on the parcel.
So we we have no control over that. I don't know why they're associating me with that parcel just because there's cars parking. >> Using that parcel for parking is the reason. >> Okay. So, we use >> still being used for your business. It >> It's not our parcel. I mean I I mean I
don't know if you've ever parked under a non-conforming sign, but one thing has nothing to do with the other. But >> Okay. So, I just want to be clear today that we're here to approve three variants, not just two. That's what I want to point out. >> Correct. Okay. Correct. So, we have that. So we have three variants. I'm
clear with that. We under the sign. It's definitely seniors like me. We need safe. We need to see the signs. And that's all the questions that I had. Do you have any questions? >> Yeah. Yeah. But it's more >> Yes, but it's more of a again staff and legal. >> So Merit Island redevelopment or
whatever they call themselves. Myra, is this a recommendation from Myra or is there an enforcable uh if we vote to approve these variances, does it overrule Myra?
Do we supersede Myra's authority? I'm just not clear on >> so we approve it and it's still not. >> Yes, >> this is what the Myer had written. And it says, "Although concerns remain that granting the variance as requested could create a precedent, the MARA board ultimately supported the variance
application and recommended the following stipulations. Installation of the new sign not to exceed 45 ft in height. Allow for 40 square ft in area over the maximum current permitted by the code for sign surface area." And
they had one that isn't wasn't here, but they said installation of new sign without LED sign board components. And the fourth one was to allow for a pre-existing non-conforming sign billboard to remain on premise,
>> but they're sending a recommendation. They don't have enforcement. >> No, it's a recommendation from their board. >> Thank you. >> We Mr. Huffman, we had asked for a variance and I think part of the variance process is we go through myra
first. So, we gave our pitch to Myra and they said, "Bring it down a little. Don't do LEDs." Which I'm I'm fine with no blinking lights, you know, but there really is the res residentials. It's it's out by the interstate basically. So, >> any variances that fall in the Myra area
have to be heard by them before they heard by the board of adjustment. >> Okay. So my question would be you in agreeance with my recommendations? Are you in agreeance with that? >> I'd rather have more height. >> More height. More height. So you want more height. >> More height. Uh I'm cool with no LEDs or
anything like that. >> What's the current height of the billboard? >> Do you know >> standard billboard? >> Excuse me. The survey that was provided says the billboard sign is 33 plus or minus uh high.
there. There again, I I just have a difficult time and you can ask legal on that, but I don't know how they're attaching another parcel ID as me having a non-conforming sign. So, if your neighbor has a non-conforming
dock, they can't tell you not to build another non-conforming dock because your neighbor, it's it's two separate parcel IDs. >> Can you address that legal, please? Well, I don't know what they decided what you know what their thinking was when they did that. If it's owned by
someone else, I'm not clear on what the thinking was there. >> So, you >> both of these parcels are owned by Park and Ride. That's the reason it was included with >> Park and Cruise, too. >> Park and Cruise, sorry. >> Okay. >> Park and Cruise LLC, too. They're both
both parcels are owned by the same LLC. >> Okay. All right. Yeah. the common ownership then is the reasoning. >> Okay. Thank you. >> I'm parking cruise three by the way. >> Can I ask for some clarity on the day
mockup picture? The billboard in question is the one that's on the left hand side that we're speaking of the larger one. >> Yes. >> That >> it it's in the very southwest corner >> of the picture.
>> Yeah. It should be on the survey marked on the survey. It shows it on >> the survey is so tiny. >> Yes. >> And then the picture um depiction is at the 80 ft requested. >> So 45 should be sufficient. >> I don't know.
>> Does that do you guys seeing that? >> So this is the at the 33 ft. This is the request at 80. >> This is the night mockup. So he's requesting 8 feet or sorry 12 feet taller
than the >> equate to this correct is that >> that's the 80 ft request. >> Okay. >> Mhm. And then the >> problem why we cannot do the 80 ft request. >> There isn't a problem with it. We have to choose whether we agree with that or not. >> Okay. Well, >> I'm just making sure you can see the
visual difference. >> I do see the visual. So, I just like to say um as we're still discussing it, I agree with it because people like me who have some kind of sight problem sometimes, you can really see that you wouldn't have to turn back around on that road at night in an industrial area
as a woman driving alone. So, I think that should be granted for that very reason because you could see it. It's not like you go past and you got to turn back around, come back here. I I wouldn't be able to see that. I really truly wouldn't. What do you say?
>> Uh, well, let's do a vote. >> Okay. >> Well, let's let's ask what the audience say. >> Okay. Well, that's what you have right now. So, just >> I don't know if this helps at all. >> Okay. >> Real smart on using this stuff, but
>> is that what I do? What I do there? Put it there. >> But there's kind of a picture approaching the property. I know my artwork's pretty lousy, but I I tried to draw an 80 foot sign there, but you can you can see you can't even
see the billboard in that picture. >> You see going down the highway and you're within I don't know what is that 50 yards of the exit ramp and you you can't even see the billboard that's on the adjacent property. That's kind of why I don't know why. I
mean, Ron John's has been paying to be on it for a lot of years, but I don't know why because nobody sees it from the westward direction. >> You can see it when you're coming from Eastern. >> Pretty sure it's Duncan right now. >> What's that? >> I said I'm pretty sure it's Duncan right now. >> Yeah, >> that's my exit to my home.
>> Oh, okay. Oh, so you're aware of that? Good. >> You'll need to give that picture to staff to include it. Okay. >> Pack it because of the you presented it. >> Yeah. Thank you. And I think that was a good picture to really see it.
>> Yeah. I mean, this is definitely in my opinion, the vision like that gives you a visual. >> Mhm. >> Right. Right. >> Okay. Miss Clemens. >> Oh, just step to the side. Let me see.
Is there anyone here that would like to speak to this or against this? Come to the podium, please. I see someone coming. Okay. Yeah, you could just have a seat right there. Thank you. Okay. Oh, okay. >> And can you state your name for the record, please?
>> Yes, ma'am. It's Todd Oi. >> Okay. Do you swear to tell the truth, the whole truth? >> I do. >> Thank you. >> Um, so I'm I'm actually the >> Are you four against? >> Uh, I'm four. >> Okay. You're four. >> So, with with obvious prejudice, um, I work for Mr. Moberg. I I actually
operate the property. >> Okay. So, I guess just speaking from experience on some of the concerns that Myra had and what you had brought up too as far as a precedent of if we did it here. >> Um there's there's three businesses on that road right now currently is ours. There's a bait shop and then there's a
marina. Um the marina and the bait shop um or one uh they're strictly or I say strictly they're the mainly mo a local business. So, a lot of the traffic's local. Everybody knows they're there. They're established. if they're looking for a marina, it's not, you know, they're not vines not clouded trying to
get to a cruise ship, kids screaming in the back and what have you. So, um, our property is a little different where when people are coming, they're usually from out of the area. They're not familiar with the area. So, that the sign wouldn't necessarily be something that, you know, is is needed for other
properties. it'd be a hard just you to say that that was also uh uh important for their business success um or safety. And on the safety side of it, um you know, one of the problems I've seen personally is numerous times people will
pass, cut across the median. I've let I've taken my truck out and pulled people out of the median on 528 where they've done U-turns. >> Um you know, we're discount parking. everybody is, you know, that they'll do anything to save a dollar, including drive around and do a U-turn in a
median. So, um, the the thing that Myra did bring up, I was at that that meeting as well, was more about if we do it here, are we going to be able to, you know, justify it for other people? And you know, with the three businesses that are on that road, uh there's really only
one that is servicing out of the area people that you know, um and and one of the other things Myra brought up was well, you have Google and Google Maps. And you know, our our stance on that was we're also not trying to promote people to be driving looking at their phones
trying to find a location. So, we were just trying to make it something obvious. So, for what it's worth, just firsthand experience so y'all you hear some of that. We appreciate that. >> Yes, ma'am. Thank you. >> Anybody have anything for him? >> Okay. Thank you for that. Thank you,
>> Miss Clemens. >> Um, question for Paul. Is there a option for us to do a >> Yes, it's up to y'all. If you wanted to split the difference, you could and give them instead of 45 ft or 80, you could do like a 60. >> Are you fine with having that
discussion? >> Yes. Let's >> I think there's a variance of, you know, different height. >> You want my input? >> What's that? >> I I I would just approve what they have right here >> for Myra. >> Yeah. No, no, no. What he has requested
from the county, >> correct? >> Myra recommended and I understand they're local and they have their concerns. Their concern about a president in my view is >> Bvard County is making the ruling, not Myra. So they're not bound in the future
by whatever we decide here today. They only recommended. >> Correct. >> Understand? >> And my discussion is again for safety reasons. People like, you know, I think the sign is perfect. The height is great >> and leaving the option for the
electronic as well for them. >> Correct. Whether they want LED lights or not. Yeah. >> Cool. Taking the LED off. I don't >> Yeah, I think that's fine. I don't believe anybody comes to your parking lot at night. If you're parking for cruises,
>> they load and unload during the day. I think so. >> I'm not agreeing. >> So, the the survey depicts the request for electronics. So, do I need to exclude that if that's what you're saying? >> That isn't part of the um variance
application. That would be something that was Myra's request. >> Okay. All right. I make a motion to approve the variance request um limited to the depicted as a signed plans and survey provided by the applicant on the
date of 425 2023. >> And I just like to make one correction in there. We have to put variance because it's three. >> So I just want to make sure that's noted for the record. I make a motion to approve the varianc's request on the sign plans and survey provided by
the applicant with a date of 425 2023. >> Thank you very much. >> One moment. One moment. >> Yeah, we have. >> Okay. Miss Clemens made a motion to approve it. >> Mr. Hoffman made a second.
Okay, now we'll call for a vote. Mr. Hoffman, >> I >> Sonia I. >> No, >> I >> thank you. >> Wait, wait, wait, wait. >> Okay, so that's three to one. Now we have to read the six points.
>> Thank you. >> Yes. >> Help me. >> Oh, yeah. >> Okay. Thank you. Our vote was based on our vote was based on consideration of the following six uh items which you know from um the special conditions and
circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance requested will not confer
on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. that the variance grant is the minimum variance that will make possible the reasonable use of the land building or structures.
The granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare and that is read into the record for our previous vote.
>> Madame chair just go ahead and restate the result of the vote. So, I'll restate the the vote. Mr. Hoffman voted yes. Miss Meard voted yes to pass the variance. Mr. Hberg >> no
>> said no. And Miss Clemens said yes. This motion has this variance has passed. >> Thank you. >> Thank you. I go now. >> You're done now. Your time. >> Mr. Bod, can we have our next variance, please?
>> Yes. Item H3, Thomas Dawn requests variance of chapter 62, article 6, Bvoulevard County Code for an accessory structure for a proposed AU zoning classification. The parcel is currently zoned RR-1 zoning classification. The
application is 25V000047 located at tax account number 21970 in in district 1. And again, this item also was tabled from the October 15th meeting. >> Okay. Good afternoon. May I have your
name and address, please, for the record? >> Thomas Dane, 3131 Lionel Road, Mims, Florida. >> Okay. How can we help you today? >> Um, I'm trying to reszone to AU. And I think the setbacks are different for AU than RR1.
>> And there's a twocar garage that was built with the original building or original house in '89. And that building is closer than the setback for AU. So I need a variance for that building. >> Okay. Well, district one is definitely
my district. >> Okay. >> So we'll start off with the questioning. Mr. Hamburg, would you like to start? >> I have no questions. >> No questions. Miss Clemens. >> No questions. >> No questions. >> No questions. >> Oh, just make it easier for me. Okay. So I just want to reiterate. Let me just
make sure we're clear. So, you're just up here today because you want to reszone >> to AU >> to AU, your twocar garage, correct? >> Well, the whole property will get resone to AU, but >> the entire >> From my understanding, the setbacks for
AU are different than the setbacks for RR1. >> That's not correct. They still require 15 ft for the RR1 as well as the AU for an accessory structure up the side and rear property lines. Oh, >> okay. >> I do have a question. Okay, we have one
question now. Thank you. >> Sure. >> Okay, so you're getting closer to the property line in the rear of your house. Is that correct? >> I'm looking at the photo, so I'm trying to >> So, let me just start out by saying that I'm not trying to build a building. >> No, I understand. You're trying to
legitimize the one that's there, >> correct? >> Okay. And it's the I'm I'm looking at this photo. >> Okay. It's um It's the one that looks like the garage. >> Yeah, it's a two-car garage. Yeah. >> Okay. Who is behind you? I can't tell from this picture. >> Um I honestly don't know her name.
>> I don't know that. Is it a pasture? Is it >> um It's a 5 acre lot. It's a house. It's a residential home. Um but it's it's a 5 acre lot. Like her home is not close to that property line at all. >> Okay. >> All right. So I wouldn't impede any. >> No. >> No. All right. No, that's my question.
>> Okay. Well, I have no questions. It's very clearcut. >> So we like to make a motion. I'm sorry. >> Oh, I'm sorry. Let me check with the audience. I apologize. Is there anyone in the audience that's here to oppose
or speak towards this variance? Can you come forward? Seeing none, come back, sir. Okay. Anybody like to make a motion to approve? >> I make a motion to approve the variance as depicted on the survey. >> All right.
>> Okay. Miss Miss Clemens, make a motion to >> provided by the applicant with a date of 6:30 2025. >> Thank you. >> I'll second. >> We have a motion to approve by Miss Clemens. We have a second by Mr. Humber. And now we're going to do the six points. Can you please wait for me to rewind?
>> Oh, for discussion. Do we have any discussion? >> No discussion. >> No discussion. >> Thank you. that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification.
Two, that special conditions and circumstances do not result from the actions of the applicant. Three, that granting the variance requested will not confer to the applicant any special privilege that is denied by the provisions of this chapter or other lands, buildings, or structures in the
identical zoning classification. Four, the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue
hardship on the applicant. Five, the variance granted is the minimum variance that will make possible the reasonable use of the land building and structure. Six, that the granting of the variance will be in harmony with the general intent and purpose of this chapter and
that such variance will not be injurous to the area involved or otherwise detrimental to the public welfare. >> You agree? >> I agree. We have >> sold. We have a motion to approve by Miss Clemens, a second by Mr. Humber.
Individual votes again. >> Vote I >> I >> I >> I. Your variance have passed. Thank you. Thank you very much. >> You're welcome. >> Can we have our next variance, please? >> Yes. Item H4, Michael Patrick Lemon and
Christine Nicole Quattro request variance chapter 62 article 6 Boulevard County Code for the fence height and an EU-2 zoning classification. Applications 25V 00051
located at tax count number 3021729 in district 2. >> Okay. Good afternoon. >> Good afternoon. >> Can I have your name and address for the record, please? Michael Loney, 49. >> Just step into the mic. >> Michael Lamoney, 4905 Hebron Drive, Merit Island. >> Okay. Do you swear to tell the truth?
>> I do. >> Thank you. How can we help you today? >> Yeah. Good afternoon, members of the board. Um, I'm here today to request a variance to increase the proposed fence height within the side street setback of my yard from 4T to 6 ft. Being on a corner lot, my sideyard is contiguous to
my neighbor's key lot that is less than 100 ft in width across their front yard. Therefore, I'm subject to a 25 ft side street setback where my fence must drop to 4 feet in height at least 25 ft from the side property line before I can commute any closer to the street. As it
stands, I would not be able to extend the 6ft fence even 2 feet past the west side of my home, therefore leaving the sideyard exposed and unsecured. The hope for this variance is to erect a sixoot fence that will not only be consistent with the rest of the neighborhood's fences, but will provide
my young family with a full usable outdoor space that promotes privacy, security, and ultimately safety. My wife and I, we welcomed our 5-month-old son into the world this past June, and we would love to provide him along with our one-year-old golden retriever, a yard that encourages them
to play openly and freely in an environment that remains safe. I've spoken with several of my neighbors about my project and I've obtained letters of support. Id like to note that one of these letters is from my neighbors with the key lot, Robert and Deborah Duncan, who reside at 4863
Shanic Avenue. Mr. and Mrs. Duncan have expressed to me their full support of my fence and I could not be more appreciative. Along with the support from my neighbors, I want to ensure that my fence does not create any issues for motorists traversing either on Hebron Drive or Shannik Avenue. With my limited
knowledge understanding of sighteline distances and sight line or and sight distance triangles, I believe that my proposed fence shall not create any sight deficiencies and does satisfy minimum standards as described with an F.Creen book and Bvard County ordinances.
My situation is rather unique within my community. While there is another corner property with a key lot behind them, this key lot does exceed the 100 foot property with rule, thus allowing the corner property to construct a sixoot fence without any side street setbacks.
Um, the two properties are 4740 Hebron Drive and their key lot of 266 Norwich Street. While the key lot on Norwich is over 100 ft in width, the driveway placement does not seem to be taken into consideration. Um, using Google Maps to measure, I collected a distance of 49 ft
between their driveway and the Hebrron Norwich corner lots backyard property line. I then did the same for my situation and I received a measurement of about 44 ft between the Duncan's driveway and my rear property line. While this distance is only a few feet less, it raises the question of if my neighbors had more property on the south
side of their home that resulted in a total property width exceeding 100 ft, yet their house and driver placement remained unchanged, then would I not have to deal with any side street setbacks for my fence. Another comparison to be made is that the other property exists along a curved roadway, which with the existing fence can create
a blind spot for motorists traversing either direction on Norwich Street. My situation exists on a straight roadway that leads to a teen intersection. There are no curves that would create similar blind spots. Finally, as many properties within my neighborhood have their sideyard fence about above their
sidewalk, my fence will still maintain a side shoot set back of a few feet to provide additional visibility for not only the Duncans, but for all their motorists, too. With that, I want to thank the board for taking the time to consider my variance application. I look forward to answering any questions you may have. >> Okay. Thank you.
>> I see we're in district two. Miss Clemings. >> Well, I had the opportunity to visit the property, so I'm very clear about what he's requesting and I don't see any issues at all with it or have any concerns. >> Okay, Mr. Humber?
>> Um, no. I'll go along with my honored colleague here. I have nothing to say. >> Mr. Hoffman, any questions? >> Just a quick one. Um, you're extending the existing fence out towards >> the side street. >> So, yeah, right now we do not have a fence at all. Um both my ke neighbor and
my neighbor to the east do have fences. So our plan is to enclose our entire yard. Um pretty much we worked with a contractor. He submitted the uh application um or the permits and that's when we discovered this uh setback rule. So the plan would be to fully enclose
the yard and extend that sixoot fence all the way out. >> Okay. You're putting up a you're ex you're essentially putting up a whole new >> correct >> fence the whole distance. Okay. And you're asking for six foot height. I notice that it's on the property line
which is pretty common >> between neighbors. >> You don't have a set back on that. So Okay. >> Okay. Mr. Humber >> just a quick question. What kind of fence is it? >> It'll be a six foot white PVC privacy fence >> like the other ones. Right. >> Correct. >> Okay.
>> Okay. And I have no questions. I'm good. Um, now I'm going to check with the audience. You can just step to the side. Is there anyone here opposing or in favor of this variance? Can you come to the podium now, please? >> Okay. Seeing none, come back. >> Okay. What motion would you like to
make, Miss Collins? >> I make a motion to approve the variance request as depicted on the survey provided by the applicant with a date of 821 2025. >> I'll second. >> We have a motion by Miss Clemens to approve, a second by Mr. Hberg. Now
we'll read the six points. >> Would you like to read Miss Clint? Let me read. Thank you. Yeah, I got it. Okay. >> Sorry. I really am sorry. That special conditions and circumstances exist which are not applicable to other lands,
structures, or buildings in the applicable zoning classification. that the special cons conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this
chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by properties in the identical zoning classification under the provisions of the chapter and will
constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of land, building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such
variance will not be injurious to the area involved or otherwise detrimental to the public welfare. >> Okay. So, we have a motion to approve a second. We'll do an individualized vote now. >> I vote I >> I vote I >> I
>> I Your variants have passed. Thank you. >> Thank you. And a quick question for y'all. >> Yes. Uh, for the signage in our yard for the variance, do I remove that? Does the county come by to remove that? >> Staff answer. >> Is that a staff question? >> You you can remove it. >> I'm allowed to remove it. Okay. Yes. Thank you. >> Thank you. >> Wait till the meeting was over.
>> Just wait till you're you're approved now. You can move it. Remove it. >> Okay. May we have our next variance, please? >> Yes. Item H5, Michael Gordon Lewis requests variance of chapter 62, article 6, Bvoulevard
County Code for primary structure in an TR-1 zoning classification. Application is 25V 00058 located at tax account number 2317375 in district 1.
>> Okay. Good afternoon. >> Good afternoon. >> May I have your name and address for the record, please? Michael Gordon Lewis, 1980 Admiral Ty Boulevard, Rocklage, Florida. >> Okay. Do you swear to tell the truth? >> I do. >> Okay. How can we help you today? >> Uh, mine's kind of simple. I just want to legitimize a mobile home, existing
mobile home that's into a setback by a foot and one foot 1.9 ft into a setback, the side setback. >> If I can legitimize that, that's what we're trying to do. >> Okay. Well, I see you in district one, and that's my district.
>> Hello. So, we'll start off with a few questions. So, again, I just heard you say you have a mobile home and it's just a setback, correct? >> Side setback. I'm a foot I think 1.9 ft into the 7 and 1/2t setback. >> Say that again. A little in the right.
>> I like 1 foot n or 1.9 ft into a 7 and 1/2t side setback. >> Okay. And this is a single family mobile home. >> Yes, it is. Yes. Okay. Any are your neighbors opposing anything with this?
>> No neighbors opposed. It's neighbors existing. >> Okay. >> Okay. That's my question, Mr. P. >> Um, is the whole property enclosed with a fence? I see that you're reducing the front. >> Yeah, the front's been reduced. Yeah, it
goes around the front. It's down to four feet around the front of the property. Does does a fence go around the back or just across the front? >> The neighbor's fence is on the back. Every neighbor has a side of a fence, so it's it's one of them. It's a tight It's a small little slot of property and everybody has a little piece of fence. I
think I got half the fence. My back guy has half the back fence. >> Okay. It's a shared fence. >> It's a shared fence. Yes. >> Okay. Okay, >> Mr. Humber. >> No. >> No questions, Miss Clemens. No questions.
>> Okay. Any more questions from you? >> Okay. Now, let me just ask the audience just step to the side for a moment. Is there anyone here that would like to speak to this variance? Either yay or nay. Seeing none, come back.
Okay. Who like to make the motion for me? >> I'd like to make a motion to approve the variance as depicted um on the survey provided by the applicant with the revision date of 825 2025. >> Okay. We have approval by Miss Clemings. Do we have a second?
>> Yeah, I'll second. >> Mr. Hoffman. Second. >> Okay. Miss Clemens, can you read the six points for me, please? >> Yes. I apologize. I'm checking off. >> That the special conditions and circumstances exist which are not applicable to other land, structures, or
buildings in the applicable applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. that the that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this
chapter to any other lands, buildings, structures in the identical zing zoning classification. That the literal enforcement of the provisions of this chapter would deprive the applicants of rights commonly enjoyed by other properties in the ident identical zoning classification under the provisions of
this chapter and will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make it possible make possible the reasonable use of the land, building or structure. That the granting of the variance will be in harmony with the general intent and purpose of the chapter and that such
variance will not be injurious to the area involved or otherwise detrimental to the public wildfire. >> Okay, we have a mo we have a motion to approve by Miss Clemings and we have a second by Mr. Hoffman. We'll do an
individualized vote. I vote I >> I >> I >> I >> Okay. And just to make sure that we're clear, we're doing it depicted by the survey of what date? >> 8:25 2025. >> Okay. Thank you. Your variants have been approved.
>> All right. Thank you very much. I appreciate it. >> Our next variance, please. >> Yes. Item H6, Robert and Lavina G. Newman requests experiences chapter 62 article 6 Boulevard County Code for an accessory structure with the lot width
and the lot size in an GU zoning classification. Application is 25B 000060 located tax account number 2400956 in district 1. >> Okay. Good afternoon.
>> Can you state for the record your name and address please? It's Robert Neman, 4445 Synica Avenue, Cocoa, Florida. >> Okay. Do you swear to tell the truth? The whole truth? >> I do. >> Okay. How can we help you? >> Uh, >> I'm sorry. Are you coming up with him?
>> Hopefully not. >> Oh, you can have a seat then. Okay. Okay. Go ahead, sir. >> Uh, this past August, we put our home on the market. And >> this past August, you did what? >> We put our home on the market. >> Okay. and the we accepted an offer and during
the buyer's due diligence, their mortgage agent realized that it was zoned. It didn't meet the site u requirements for the zoning that it was in. >> Mhm. So, our uh realtor
talked to uh George Richie in the planning office and uh their decision was to apply for a variance for the width and depth of the lot. So, in the process of doing that in
working with uh Miss Desiree Jackson, >> just speaking to the mic so I can hear you. I'm sorry. >> Well, you could pull it. Yeah, touch it. >> There it comes right to me. uh working with Miss Jackson uh in submitting the paperwork, she asked that we add uh a
couple more items based on the survey. >> Okay. >> So, we worked through that and added and uh at the end it came up to six total variances. >> So, we have six variances, >> right? So the the lot size in one of the
metal buildings was that way when we bought the property in 1999 >> and it wasn't brought up then. So we were a little confused as to why it wasn't brought up then but accepted. And if you look at the lot plan for that
area, there are several lots that uh would be non-compliant apparently because they none of those will meet the restrictions. the uh workshop on the south side of the property we had
installed a year after we moved in >> by a local company out of Melbourne. They did the entire thing. So, we had no idea that it was out of compliance uh and no reason to believe so because we
we paid them to do it. Um the last variance uh was recommended by Miss Jackson u after looking at the survey and that's not a permanent structure.
It's actually like a uh a temporary thing that you would put up. It's it's not mounted to the ground or anything like that. It's just a tarp on a metal frame. It's a big metal frame, but it's still
it it can be moved. U when I brought that up with Mr. Richie, he agreed that it wasn't a structure. Um but he said, "Well, I would just move it if I were you." I said, "Well, I've already submitted it based on the recommendations from the office, so I
don't know what to do with that right now." >> Okay. And we've already moved. So we're up in the panhandle now. So it's >> So you moved and left the this premises, correct? >> Yes, ma'am. >> Okay. So now you're here to ensure that
it's legitimized. Is that what you're trying to do? >> Yes, ma'am. They they can't actually close. We We've had a contract now for 4 months. They can't close until the zoning issue. >> Okay. Is taken care of? >> Okay. Would you like to start off with
the questioning about Yeah, it appears to me that, you know, there's a 5 acre lot size and we're we're cutting it down to 1 acre. I think that's just an old zoning uh regulation that um applied or was
changed after this uh property was uh developed. Um same thing goes with the lot widths. I think this is just legitimizing uh something that went out of compliance once the uh zoning uh regulations
changed later. Um same with probably a lot of these setbacks and stuff. So since the property's been there and nobody's complaining, um I I just don't see any any problems with it. Um,
I'm pretty sure that your buyer is in favor of all of these changes to the Well, it it's in the contract for all the structures that are on the property. Um, and there's there's no advantage to being GU versus any of the other zoning
restrictions. You know, everybody out in Canaveral Gross either has a bunch of toys or livestock if you drive through the neighborhood. So, they they appreciate the the quietness about it. >> So, this is in Coco. Is it downtown Coco? >> No, sir. It's It's actually in Canaveral
Groves >> uh on the island or up >> if you look um north. >> North of 528 and >> it's north of 528. >> East of 95. >> Yeah. Okay. It's in a very rural area.
>> Um Okay. No, no more questions. >> Okay, Mr. Humber. Oh, I have a couple if you don't mind. Sure. How long have you been in the house? >> Uh, a little over 26 years. >> Have you uh created any additional
structures on the lot during that period? >> We've rebuilt some stuff and and moved the uh the pool. It was an above ground pool when we bought the house. >> So, you put the pool in, right? >> No, no, no. >> We just moved it. >> Oh, you just moved it. Okay.
>> And nothing else on the lot. Well, he did this >> where you had to get a permit or anything. >> Well, I said we had the workshop. We purchased that from a Melbourne company off of Sarno. >> Long since gone out of business, and they installed it as part of the
purchase. Uh, and then we bought that temporary shelter for boats and put that on the lot, but it's not anchored to anything. So, nothing has happened over the span of your lifetime
in this uh in this lot where you needed a permit or had to change any varian I'm aware of. >> No. >> Yeah. >> So, was everything was like it is when you bought it, correct? >> Yes. >> Okay. >> No, the front building is what you added in 2000, correct?
>> Correct. Okay. >> That's the building. >> The trees have gotten a lot bigger. >> That was my question. >> That's not permanent. >> Why wasn't this addressed then? There just wasn't a permit pulled for the that structure. >> I really have no idea. I say we we
bought it and installation was part of the package and >> Okay. >> We've just been using it. >> All right. Thank you. >> Same. That was my question. >> What's that? >> That was your What was your question? >> My question was whether the structure
was permitted that he added in 2000 >> and clearly it wasn't. There's no open code violations or anything? >> No, there isn't. >> Okay. So, I'm going to just reiterate. Bear with me. Six requests. And this is the backyard, correct?
>> That's the entire >> That's your entire lot. All of this. >> You have moved off the premises. >> That's looking north. Yes, ma'am. >> That's looking north. And all you're trying to do now is help the buyers who's trying to buy this property. >> Yes, ma'am.
>> Legitimize the zoning. Okay. >> You currently have a contract on house, correct? >> Yes, sir. >> Okay. >> Yeah. We've been extending it, waiting for this meeting to occur. >> Yeah. >> Okay. Okay. Who like to make a motion?
>> I I make a motion that we approve this uh application. all uh six uh requests within one motion as depicted on the survey dated >> 93.
>> Is it what? 93 >> 25 >> 2005 >> 2005 >> 2005 >> Do we have a second? >> A second. >> Okay. So, we have a motion on the table. >> Did we check with the audience?
>> I'm sorry. Did we check? >> I'm going to pull them right now. >> Okay. >> Okay. But I was just going to say we had a motion on the table by Mr. Hoffman and a second by Miss Clemings. Okay. Now, can you step to the side, please? Is there anyone in the audience that would like to speak towards this variance for
yay or nay? Anyone? Seeing none, come back again. I'll just repeat. We have a motion on the table to approve by Mr. Hoffman. A second. That's Miss Clemens, correct? You you second it, Miss Clemens.
And now we'll read this. >> There's the opposing letter here. Hold on. We do have an opposing letter >> from And is that a neighbor on that opposing letter? >> Is the neighbor here by chance? But no
one came up. No, nobody came up. That's right. They sent a letter. Yeah. >> So, we just like to put that in the record that we have opposing letter. Okay. Any discussion? >> Okay, we have a discussion now.
>> And I have a discussion. >> Okay. >> Um the the crux of this um as I'm reading it real quickly here >> seems to be the temporary structure. It looks like a canvas structure on >> Yes, sir. >> Um is it possible for that to be removed or
is that part of your sale? Well, it's in the contract, so I'd have to talk to the buyer to confirm that it is absolutely possible for it to be removed. >> You said it wasn't uh nailed down or anything. >> No, it's it's just mounted to uh
railroad ties sitting on the ground. >> I would want to take that into consideration, >> but my confusion is I I just saw that this morning. We've been neighbors with them for 20 years and this is the first time I've had any negative interaction
with them regarding that structure. It could have easily been resolved when we discussed us moving five months ago. So, I'd like to amend my motion. >> Okay. >> Um
>> hasn't been cleared yet. Well, I still want to amend what I'm putting. I I would like to remove uh approval of the
um temporary uh canvas structure and the adjacent shed which they're also >> which you said was not permitted. >> That adjacent shed was part of the purchase when we bought the house 26 years ago. >> That's fine. But it was never
>> It was there when they built their house. They built their house after we moved in. It was a vacant lot when we moved in. >> The neighbors that are complaining. >> Yes, sir. And it's just a lawnmower shed. So, I'm really confused as to why it's
such a big deal now. >> Sounds like you need a fence. >> There's a chain link fence there. >> A privacy fence >> which we listen to their dogs through. Yes. Okay. So, let's discuss this one more moment. So, this neighbor is opposing
because >> um of this structure, right? They're saying it's been in their view. It's ugly. You know, they can't see blah blah. >> So, my question to you before we go
further, could you remove that? >> We could have it removed. Yes. Are you willing to do that? >> I am. I >> some hesitation. What? >> No, no. I I just need to notify the buyer, which I have a signed contract with. Okay. >> That it's part of that contract.
>> Oh, they want this. >> Well, they wanted everything that we were >> that you had. Okay. Gotcha. >> Okay. So, how's that how does that work? Legal. Can we put that in our motion or what?
>> You can. He he may have to amend his contract. Okay. But but >> you can, you know, and I don't know which variance that was, but >> yeah, I may need some help on identifying which of these six are related to the shed in the uh canvas
structure. >> I see. >> There's two of them on the north side that was stated and then there's two of them on the south side that had variances. So, it's the ones two to the north that have the
neighbor upset. I'm just when I make my motion, I want to say we're approving one, two, three, six, but not four, five. Trying to figure out which one the canvas >> five and six. >> Five and six are the ones that
>> Okay. So, it's the fifth and the sixth. Which one are >> So the the little shed is a it's mounted on a foundation. >> Which variances five and six are the ones on the north >> that are in question here? >> Yes. >> Okay. >> But which one of those is the
>> the two structures your your Yeah. the sphere and the other correct should >> but if he wants to single out the sphere the temporary structure which number is >> that the two number five and number six variance requests >> okay >> is what it is
>> it gets a little bureaucratic >> so is it this particular my >> the other ones number three and number four are for the south >> side setback street setback >> I would say number six is for the dome >> should be because that's the last thing
that Miss Jackson Well, it's closest to the property line. >> So, >> do you have any I have a quick question. >> Yeah. >> Do you have any idea what the buyer's plan is for that dome? >> I I >> Go ahead. >> Oh, apparently they have a Jeep, but
they plan to park in there. >> Do they plan on re covering it with a new tarp? >> I don't know that. Should I make a motion? >> Yes. >> Okay. >> And just for clarification,
you know, um removal is not an issue. It's just a question that you're potentially not going to approve those two variances. Now, your buyer now has a potential problem. if they
don't want to remove them, they'd either have to come back before the board or, you know, address it in some manner. So, >> would that be a um enforcement? >> Well, now that it's on record that there
is a, you know, an issue that hasn't been resolved by variance. Yeah, it's a potential code enforcement. >> So, they can handle that. future buyer would not be able to apply for the same variances as you are. They had to apply for as different variances and setbacks.
You cannot apply for the same variances. >> Good to know. >> So what's the solution? So at this point, you know, you're considering whether to improve uh to approve or not
approve the variances as presented. Now, if five and six, >> you know, you want to reject, then you'll have to make your motion, you know, specific to the other four. >> But like I said, we're not addressing removal. It's just approve or not
approve as presented. >> Okay. Okay. >> All right. I'll make a motion that we um approve uh variance request numbers one,
two, three, and four. And do not within the same motion, do not approve uh items five and six within this uh variance application. the partial approvals as depicted on the
survey uh dated 9305. >> Okay. >> Okay. Do we have a second? >> I second. >> I agree with that. >> And I lost track. Did we check with the audience if there's any
>> comments? Let me re Yeah, I did check with audience, but let me recheck. Is there anybody in the audience that would like to speak to this various nay or yay? Seeing none, come back. We have the letter of disapproval. Um, and that came from a neighbor,
Richard and Seline Bronze. Okay. So, we have a motion on the table to approve variance number one, two, and three to disapprove one, two, three, four, to disapprove five, and six. We have a second by Miss Clemens.
Individualized vote, Mr. Hoffman. I vote yes >> for one two three four >> the motion as as presented which is 1 2 3 4 rejecting five and six >> okay I agree with that ditto
>> I have a question before I think it's mostly for you uh this is kind of um a catch 22 here I mean if you really read this either one if we deny I it cancels out
the entire variance because this is like a set variance, one big variance with six A through G that this gentleman needs to go to a closing. Now if we cancel one or we disregard one, it
cancels the entire six of them. >> And not following your logic. So his >> I'm saying any of these variances for this gentleman, these six together make one. >> If you cancel one with inside the six,
all of them are no good to this gentleman. >> No, that's not true. >> You're approving one, two, three, and four, and you're not approving five and six, which are setback distances to the north to accessory structures. each variant
stands alone. >> You know what I'm saying, right? >> I I do understand. >> So, yeah, that's not true at all. >> Well, you're not saying it correctly then that it cancels all of them. >> No, you don't understand what Forget it. Just leave it go and uh I'll vote no for
it. >> So, wait, let me ask you this. Um and I know you said leave it go. So, are you saying he cannot sell his house because we're denying two of them? Is that what you're thinking? >> Is that your thinking? But it depends on I have no understanding of variance. So it depends
on the interpretation of a single variance. >> Exactly. >> Sorry. With denials and >> I think was the set u the the lot size. The loan mortgage company did not want to loan
money to something that was not meeting the zoning requirements for the lot size. and it is not a non-conforming lot. And then these other structures came up on it whenever he was applying for the variance and noticed that they did not meet setbacks. So they needed to
be taken care of also during the same application because they show up on the survey that was provided not meeting setbacks. >> Okay, thank you for that clarification. >> Six points before the vote.
>> No, we read it after. No, you read after. >> No, before. >> No, we were still trying to go down the motion. See if everybody approved the design. >> That's why you read them before. >> Okay. >> Whichever way you want. No, that's fine. It's just a minor point.
>> Okay. So, Mr. Humber. >> No. >> No. Disapproved. Okay. Miss Clemens, >> I approve variants requests one through four and deny five and six. >> Okay. Now we going to read the six
points. >> Want me to do that? >> Yeah. >> Um that special conditions and circumstances. >> Excuse me. Did you get a second on that? >> I >> Yes. >> Okay. >> Yeah, Miss Clemens. >> Miss Clemens was the second. >> Yes. Correct. >> Thank you. >> You had a second.
>> Yes. That special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. Oops. that the special conditions and circumstances do not result from the
actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance
that will make possible the reasonable use of land building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter. and that such variance will not be injurious to the area involved or otherwise detrimental to public welfare.
>> And after hearing those six points, I want to reiterate that we have a motion on the floor to approve this variance for variance 1, two, three, and four. And that's been approved by Mr. Hoffman, Miss Meard, and Miss Clemings. It's been
disapproved by Mr. Hberg. He voted no. Am I correct? >> Say yes. Yes. >> Okay. So, this variance pass. >> Did Did everyone vote or did you just have discussion? >> We had the discussion and I was summing
up how everybody voted. >> Well, >> so we're going to do individualized vote now. Mr. >> I may have just missed it, but I didn't hear. >> That's okay. Go ahead. We'll do it again for the record. Mr. Hoffman, say it again. >> One, two, three, four. You approve? >> Yeah. I I approve the motion that says 1
through 4 and denies five and six. >> I approve the motion for 1 2 3 4. I deny five and six. >> No for all of them. >> I make a motion to approve one through four and deny five and six. >> This variance have passed for one, two,
three, and four and been denied for five and six. Thank you. >> Thank you for your time. >> Okay, Mr. Brody. Our next one, please. >> Yes. And there's no R in my name. >> Am I saying the R? What did I say? Oh, Bodie.
>> That's okay. >> Item H7, Laughing Clown LLC, request two variances, chapter 62, Article 6, Bvard County Code for a principal structure and an accessory structure and a proposed BU-1- zoning classification. The parcel is
currently zoned RP zoning and this is variance application 25B 000064 located at tax account number 2806925 in district 5. >> Good afternoon.
>> Good afternoon. My name is uh Clayton Bennett. Um >> the address, please. >> 4940 Ranch Road, Melbourne, Florida 32934. And do you swear to tell the truth? >> Yes. >> Thank you. Are you going to speak as well? >> Uh if I don't know if I need to.
>> Put your name for the record and your address, please. >> My name is Steven Kelly. My address is 3775 Heel Road, uh Melbourne, Florida. >> Okay. Do you swear to tell the truth? >> Yes. >> Thank you. Present your case, please. >> Yes. We're here today to request two
variances and therefore side setbacks and it's associated with a property that's in the process of uh being reszoned. Um the owner of the property had initially >> just a little louder in the mic please. >> Sure. The the owner of the property originally understood and was conveyed
from uh the zoning department that retail uh use was permitted. Um they spent rent money renovating the property ready to open and uh found out that um no that the zoning wasn't allowed. They
were issued a uh business tax receipt. So they operated on uh moving forward with that retail sale, but the county has come back and said that no general retail is not permitted within the uh RP zoning. And so we filed for an
application to go with the BU1A zoning. Uh the property is on Mitten Road. This is a major roadway that uh North South roadway there in um uh the West Melbourne Palm Bay area. Uh you would expect that there would be um you know
more of a business use along a um this this type of roadway. Uh a few things that um I'd like to point out on the particular property there on the zoning is is one is the variances to legitimize
the uh existing structures that are there. one being the main principal structure uh that's along the south property line and uh the reason why that's needed is the setback changes from the RP zoning to the BU1A zoning
and uh so um setback uh variance is needed there and along the south property line there there is an existing um uh wood fence that that does provide for a buffer and I'd like to also point out that the entrance to the building is
up towards the uh middle, you know, north there is, you know, you're not going to have uh retail coming around the side to to enter. Uh the other variance is for the back. There is a shed back there and uh it does meet this
required setback for the BU1A setback for um the side setback but there is a existing power pole there so it can't really slide south that there's the the power pole obstructing that. So uh we're seeking those two variances. Um, the
owner is here and I'm I'm going to let him speak a little bit uh kind of give them the history of how we got to this point and uh that this wasn't a self-created type of variance issue. >> Okay. Thank you. >> Okay.
>> Um I have a photo of the the side of the house. >> See my bald spot from that TV. No, but where's the picture? We can't see the picture. >> Put it right. Do I have to hit something? >> There. >> Oh, there you go. >> Okay. >> So, that's there's already a sixoot
fence there. >> And I also um I have no issue with putting shrubs or anything up as well if that would help as well. Um the the the history of this property is um I live off of Heel Road and I own a couple properties on Heel Road. I also own a uh
a local business, an air conditioning business um in Bvoulevard County. I was born here. I bought this property three years ago because it was a good deal and it was a doctor's office before that. So, it was a doctor's office for a little over 20 years with the parking lot and everything. So, I I bought it.
We did a little renovation on it and then we put it on the market. And um I have a I have a 21-year-old son who I've done everything with my you know, since he was born. As we know, children come into our lives. They kind of change the course of everything. So, he came to me
while this house, this property was on sale, and we actually had a a full price offer on the table. And he said, "Dad, let's open up a card store and vintage toys cuz it's something that growing up he's always done with me. I did with my grandfather." So, it's just one of those things. So, I said, "That's a great
idea. Let me call the county." So, I called the county and I spoke to the front desk. I believe his name's Jim or James. He sits up front there and he helps. Super helpful guy. And I spoke to him on the phone and uh I told him what I wanted to do and he said he said, "Yeah, you should be good with that.
Just turn in your paperwork for your business retail tax receipt." So, we turned it in and we waited and I'm not going to lie, it was a a two two weeks of sweating it out because you don't know what what's going to say. So, we were awarded this business tax receipt.
So, at that point, we proceeded to buy product by alarm systems, camera systems, and when I mean product, I mean we we filled that place with product. So, we spent a substantial amount of money. And after about a month of running like this with an opening date, we'd had signs out
front and everything. All of a sudden, I get a phone call from the I don't even know if it was from zoning or whether it was from the licensing board, but they car the the tax whoever gave me the tax return. I think the last lady's name I spoke to was Alice, and she said, "We made a mistake. You need to close your
business." And I said, I said, "Hold on a second." I said, "We didn't make a mistake." I said, "People make mistakes all the time. I do it every day. I'm as imperfect that a human being as can get." I said, "But we need to come up with a remedy to this." >> And she said, "If you say you live there
because Mr. Dantis passed some law during CO, you can operate your retail business out of it and we can't prove you don't live there." And I said, "Okay." And she said, "But you'll hear back from me." So, a month went by and I heard nothing and we continued to move
forward. We had social media. We were getting ready to open. So, I just assumed >> I was left alone on it. Nobody revoked my retail tax receipt or anything. Um, at that point, we get a phone call from the I think it was John or I can't think of his name, but he was the actual
inspector uh uh code enforcement guy. So I call him cuz my son was there and he was kind of in a panic and I call him and he says, "Hey, you you got to you you can't do this. You got to have the zoning change. You have a complaint." And so at this point, as you can imagine, we've invested a lot of time. We've invested a lot of resources. And
to be quite honest with you, it's it's it's been it's been an emotional thing, a ride. The the other business I own, it's it's Florida Breeze Air Conditioning. I have over 100 employees. I've been here in Bvoulevard County open for 17 years. So, I'm very familiar. We
pull lots of permits. We do we do a lot of stuff. So, I'm very familiar with with with a lot of things. So, to me, this was a shock because I'm not going to lie to you, I love my county. If you go out to my Jeep, it says Bard County on the license plate. It doesn't say Sunshine State because my mom was born
here in 54. My grandparents moved up here from West Palm after the war. So, to me, this was the first It's been very unpleasant. It's been very tough and it's we just we want to help the be be part of the community. Um my my other
company sponsors all the local schools in the Melbourne area and even all the way up here into Vieira. Um so we're very involved in the community. My wife was a teacher for 14 years at Meto Lane. I retired her basically because she's smarter than me. And as my business became more successful, I said, I'm
gonna mess this up if I don't have >> the brains of this operation, you know, in here with it. So that's just a little bit about me. I know it's got more it's bigger than that. I I get it, but that's just how we ended up here. This wasn't me maliciously setting out to buy a
building, put a business in it, not ask any questions, and just roll forward and think that I could do whatever I wanted. >> So, thank you for giving us the backstory. We appreciate that. So, this is in district three, Mr. Hoffman. >> District five. >> I mean, I'm sorry. Just >> Okay, you're going. Sorry.
>> Um I I didn't stop, but I I drive by that property almost every day. Um not in the 5 to 7 >> Yeah. Yeah. >> traffic. >> You need signage. >> Um I'm going to make a almost a joke. You
put up the wrong picture. You should have put up the P. No, no, no. you should have put up the picture of three or four properties that are right adjacent to it because what you have is exactly what is in that that that row of of um
>> businesses to be recycled at this point. >> Yeah. Um, but I I looked and saw the uh the uh configuration of your setbacks and stuff and there's nothing here that's in variance with with anything else in that
neighborhood. Um, and you answered my first question was what is laughing cow? >> Laughing clown is so so my business. >> You answered it. >> I I I want to tell you. So, so my business is uh we we
>> life is about moments in in in humor. So, have you ever My business is owned by an LLC called Idiocracy. That was a movie that came out 20 years ago. That's actually where Crocs came from >> was Idiocracy. So, Laughing Clown, when we were trying to do the LLC, one of our
favorite actors is Will Frell and one of our favorite movies is Tallaladega Nights. His first sponsor of his first race car was Laughing Clown Malt Liquor. So that's where Laughing Clown came from. Had I known it was getting up in front of a variance board, I would absolutely not have named it Laughing
Clown cuz you guys got to be like, "What is going on here?" But that's where Laughing Clown came from. We just try to be different and you'll have a niche name. Um no, I um you answered all the questions that I needed to ask when you did your presentation. >> Okay.
>> Um so no more questions than that. Okay, I have no questions. No, >> Miss Clemens. >> No questions. >> Okay, let me just see if there's anybody here in the audience to oppose or to speak towards this. Yay or nay? Come
back. >> Mr. Hoffman, would you like to make a motion? >> Yeah. Um, I make a motion that we uh accept both uh variance uh items one and two for these side setbacks as depicted
on the survey. Oh my goodness. Dated >> 6:30. >> 6:30. I see that >> 6:30 uh 25. >> Okay. So, we have a second. >> A second.
>> Okay. Can we read the six question? >> Any other discussion? >> Any other discussion? >> No. >> Did we ask the audience? >> We did. >> I asked what? Thank you. >> I'll be happy to read the >> six questions. Thank you. >> So, in uh in considering your vote, the
board members should consider these following six items. >> That special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. that the special conditions and circumstances do not result from the actions of the
applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the
provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. and will constitute unnecessary and undue hardship on the applicant. That the variance grant is the minimum variance
that will make possible the reasonable use of the land building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare.
>> Okay. So, we have a motion to approve by Mr. Hoffman, a second by Miss Clemings. We do individualized votes. Mr. Hoffman, >> I vote I >> I vote I >> I >> I. Your varants have passed. Thank you. >> Thank you. I'm going to go cry in the
parking lot. Thanks. >> Good. >> Laugh. >> And Mr. Bod, please excuse me if I'm pronouncing your name wrong. Mr. Bod. >> That's okay. >> Bod. Okay. Bodie. >> Our next one, please. >> Yes. Item number eight,
Richard W. and Rita B. Green. request five variances of chapter 62 article 6 Boulevard County Code for an existing principal structure and a proposed principal structure and an accessory structure in an RU-2-10
zoning classification applications 25V 000065 located at tax account number 2435779 in district 2. >> Good afternoon. >> Good afternoon. My question was answered that two people can come up at the same
time. >> Okay. Can you both state your name for the record and your address and then I'll swear you both in. >> I'm Rita Green and my address is 2680 Rocky Point Road, Malibar. >> Okay. And sir, write into the mic,
please. >> The name is Richard W. Green. The same address, 2680 Rocky Point, Malibar, Florida. >> Okay. Do you both swear to tell the truth, the whole truth, and nothing but the truth? >> Yes, we do. >> Thank you so much. How can we help you today?
>> Well, I'd like to give a little timeline. >> Okay. My husband says I give too much history, but um this house at 20 226 McKinley has been
in the family since 1968. Um, in 1968, my former husband and I bought the house. We raised five daughters there. And in 1995, when we
beca when we divorced, he retained ownership of the house and I turned over custody of the house to him. In n 2023 he passed away and his wife he had
remarried. His wife at the time did not want to remain in the house. My five daughters who grew up there on McKinley Avenue were really not wanting to let go of the property. So they made an offer and it
was accepted to their stepmother to buy the her out in the house. They live in the states of Virginia, Arizona, where else? Montana, and even one here in Orlando. So, they wanted to retain
the house as a place they could come and visit and be here. Uh we they determined that they would set it up as an Airbnb to be able to do that. And when we weren't there in order to have
maintenance going on and have the house be used, they set it up to do Airbnb, which they began in about 2024 and had been doing that for about a year. After a year, they realized they
really couldn't maintain it with the five daughters. One of two of them took financial responsibility for it. and they've all got big family or growing families. They have responsibilities. They live elsewhere. And they came to us
and asked us would we be able to help them retain ownership of this house. We said sure. We we we didn't say sure right away, but eventually we said sure. And uh we took
ownership in August of this year. The girls had talked about making an adjustment, changing out the former garage into an additional ADU. And when we talked about it and took ownership, we said, you know, that's not
a bad idea. I don't know how many of you have five daughters with families, but when five daughters have families and they grow, you put them in a house together, you really want to live somewhere else.
So, we said, "Why don't we take the shop building, which has been there since I first saw the property in 1968, and turn it into an ADU because this property is zoned RU210."
Uh, and we began to look at the plans and plan for that. when we started down and started to we actually took ownership in August and started to look at how we are going to make that happen. my husband contacted
to get building permits and that's when we said well you have to go to zoning first and it's wasn't until July no actually we we took ownership August 8th and
August 11th we sat down with Desiree Jackson and then Desiree opened our eyes to all the things we needed to do as far as zoning permits One of the five variances had to do with
the distance from the street to the front of the house. It hadn't changed in 60 years. There's no additional structures, but that may have been grandfathered because they put in a paved road on
McKinley Avenue and now it's 6 in short of the 20 26 foot setback, 25 foot setback. Uh, every other structure on that property
has been there for 16 years or more. There was a roof extension over from the carport over a patio on the side. Uh in my packet, there are pictures that show that extension was done in 2009.
Um I wasn't there. I don't know anything about it. I don't know if they got it permitted, but they extended that roof out over a patio. the building that is a shop. When I
moved in there, it was a shop. It was uh it was a nice building. It was being used as a shop. Uh it was a bigger building that currently exists on the property. In 200
eight or nine, they tore down the building because of storm damage and rebuilt it. and they left the pad on the end and put a storage shed there. And then uh when we looked at extending the
building, we said, you know, if that building was as long as it originally was, it would be the right size for this ADU. So, we started to look at that. Uh, we took the roof off of the storage room and extended the roof out
over that. We got ahead of ourselves. We admit we got ahead of ourselves a little bit uh because we hadn't done this kind of project and we were looking more at what was going on over the years on the property and the
place looks better now than it has ever looked in 60 years. >> Okay. So, um, that's what we're here for today to talk about these variances. I know that we had some object objections.
I know we had an objection uh that we've read just received today from the uh Cleveland Avenue uh condo association back there. and uh they had lodged a complaint about
work going on in the back. There's a fence line between us and them. It's their fence. It's on our property. Uh and they complained about the work being attached to the fence and sent us a notice in August. We responded
immediately said, "We'll take it down. will repair the fence. But you do know your fence is on our property. We also started to work on a shed building to move stuff from the shop to
get ready to work on the ADU. And we had a builder, a guy come in to do some work to make this shed building. um he got overenthusiastic about trying to fit everything from the shop into the
shed and we thought that we had a limited shed going up that would allow us to not have to file for a building permit. He did a bigger building and we do need a building permit for
that. So, that is the last two of our variances are for that shed that we've added on back there. Uh, the others all have to do with turning that into a building where we can go up
there and stay when the daughters are visiting without having to be in the house. I really don't want to move back in that house. So, I'd like to go and visit with the family when they're here. >> Okay. So, thank you. May I just s
>> uh I would like to say when we uh when we got notified um by the county uh relative to what we had done which was tied to the uh condo association in the back. I immediately
contacted that person and I and I have the letter here, what have you, from uh a woman and I said, "Look, we did this and we we required the builder to make sure that they stayed within the square footage of not requiring a permit just
so we can move all this stuff out." I said, "However, rather than go forward with any other action, we are already in discussions with zoning because we thought we would just go and ask for building permits. Found
out that we had to go to zoning." Um, naive went to zoning to Desiree and then we got into all these varants of of the existing structures having all these setback requirements. It started out
with three, wound up with eight, then it came back down to seven. Uh they've corrected that and said one of the setbacks is not an issue. So the problem is uh relative to that com uh the county citation or whatever you call it.
My immediate action to respond. My immediate action said there's no sense me doing anything till I find out what zoning is truly requiring. And at that point in time, whatever we have to do to make sure we're in compliance, we're doing it. But we are not outside of building the shed. We are only utilizing
the existing structures. We are not changing the configurations, the dimensions, anything else. And that required a so-called ADU, which we didn't realize at the time. >> So, just wanted to add that. >> So, thank you. Before we go any further, I just like to say I know this is in
district two, correct? Um, Miss Cumins, but Mr. Bodie, I just would like to say, um, just help me out here. I see on the paper I have down five variants and then on this other paper it says seven. So, how many variants is there? I'm only >> There's five different variances.
>> There's five, not seven. >> Yes. >> Okay. So, someone hand Did y'all notice that? Wrote in seven variants down here. Did y'all see that or did anybody read it? >> That's in the script. >> Okay. I just want to make sure we're dealing with five today. I want to point that out. Miss Clemens, you can you
could start in your district, please. >> So, you keep referring to the shed. Is that the shed that was installed in 2025? >> Yes. >> Yes. >> Okay. >> That's a shed. The the bigger building >> that is soon to be turned into an ADU. >> No, the bigger building is the shop or
the you can call it a shop or a garage because that's really about the size of it. We're we're taking that existing we're taking that existing structure and making it into uh the ADU for our personal use,
>> not not part of the Airbnb system. >> I just want to make sure I understand this is the structure that you're referring to as the shop. >> Yes. >> Correct. >> Correct. >> And then there are two additional sheds that were installed January 2025.
>> No, >> not one. one just one in in August. >> Yeah. Okay. So what we what we had when we got into the discussions with zoning is
our daughter who had bought the house uh for all what my wife explained had a survey done and uh at that point because we weren't making the conversion to the ADU there was no issues in the of that survey. So,
we took the survey, got a hold of a copy of it, but in trying to get it into zoning uh relative to setbacks, um the stamp couldn't come through electronically and there was a bunch of stuff relative to the survey which then
would point out all these setbacks. So then we had to go back and we went back to the survey company that did the survey and said look uh Desiree had asked that there uh one of dimensions missing was the existing carport or
extended carport to the property on the on the west side um which has been there for years and years and years um has no dimension on the drawing. So, we had to get the survey then to come back and
measure that that uh distance from that carport extension that's been there since >> year was that what year was that survey done? >> Sorry, >> what serve what's the year? >> This year the survey was done. >> Yeah. Yeah, we we just we did it during this time span that we did the >> is that before or after the addition of
the shed? Uh it was uh the original that we got that we were submitting was pre the shed >> but you were moving >> the one that I did after included the shed. So what you see in the survey that
we submitted that in turn the stamps could be shown and that got into a whole fiasco mess of that. uh that does show the shed that we built in in 2025 and the setbacks
and that was >> So you're saying there's two surveys? Yeah. >> So you're saying there's two surveys now. Your >> claimed your daughter did a survey. >> Yes. Two years ago the survey was done >> but in doing that survey
um according to Desiree the you had to get the variances for the setbacks the setback conditions that have existed for >> understand that part. I'm not confused about that part. I'm >> so we had to go back because she wanted
that dimension. that dimension from the original for the extended cardboard to the neighbor on the west. We had to go back and get a whole new survey to for that dimension. >> Well, you had to get a new survey because you added an accessory structure
that wasn't supposed to be done. >> No, no, it wasn't done that. >> That wasn't the reason we did the survey. >> Go ahead. Go ahead. >> And let me try and clarify. We tried when we first went in to talk with Desiree, we brought a survey that were our daughter had done when she bought
the property in 2023. Um there were missing things on that in our conversation with Desiree. So we went back to the survey company. They did an additional survey. You should only have one in the package and it was
the final survey that we had done. Uh when we brought the new survey into Desiree, she still was missing one dimension. So we went back and got the surveyor out there one more time. And
what's in your package should be that third survey that shows we did add the the shed out in the back, but it now had all the dimensions she was looking for. And that's what we
submitted. Was the need to go see Desiree for the original request for the ADU or you had already >> No. Yes. For the original request for the ADU. >> Is that out of reaction or was that out of >> No, we went to building by phone call to get permits.
>> Did you move forward on the ADU without permission from the county? >> Yes, I I I actually did. >> Okay. What we started with was just finding ways inside of the building to
clear it out and try to look at what we were going to do with it. But yes, we did start on it. >> Is the property currently occupying or uh operating as an Airbnb? >> The front the house is. Yes. >> What's the size of the front of the house?
>> The size of the home. the front of the house, >> the main home, >> it is four, five bedrooms and I'm not sure about the square footage. >> Yeah, I don't off we provided that all in the surveys and the documents that we
submitted. >> Square footage isn't >> okay. >> It is under It is under 2600 square feet, I think. >> I think it's Yeah. Down 2,000 or something. I know one of the one of the processes we had to go through was how
much land >> was available and we were we were well within that limit. We had 40% even with with uh >> with the ADU >> with the ADU. >> Yeah. All the guidelines
>> accurate. >> Yeah. I did the calculations, make sure that they had enough um square footage of the property for two units. They do. And also, it wasn't over the 40%. >> So, the ADU they're requesting falls
within the guidelines for the county. >> No, that's one of the things they're needing setbacks for. It doesn't meet the side setback of >> setbacks, but have the size. >> Pardon? the setbacks. They need the variance but not the size. Like >> not the size. No, they um meet that
requirement. Um they also needed a separation distance supposed to be 15 ft between principal structures. >> Okay. >> It's 9.9. >> Okay. >> Yeah. It's not the full length of the two structures, but one portion of the structures overlap.
>> Final question. Um do you have plans to use the ADU as an Airbnb as well? >> No. >> No. It is our >> strictly for us. >> It's for us to be able to go up there for the main house. Um, if we want to go
up there because the way we and the daughters have agreed to set this up as a Airbnb and everybody has different opinions about how clean their clean is. So, we've said anybody who goes in there is
going to have to pay the cleaning fees. We don't want any family arguments on the main house >> if they're using the main house and the daughters do. They come and visit in the summer sometimes. They were here in October. >> That's fine, but that doesn't apply. So,
>> but they pay the cleaning fees. We said we don't want to go up there because we have a home in Fraud County. We want to go up there and be able to stay near the beach. We said we would like to use that ADU for us when we go up there. So, we
would use the ADU as our and then we're not going to pay a big cleaning fee because it's our house. >> Okay. Questions, Mr. Mr. Hoffman?
>> Yes. Um, we're talking here about setbacks and square footage of buildings and stuff. And a lot of these uh letters of oppose and support are talking about the use of the building rather than the location of it on the
property. And so I'm kind of discounting a little bit of that. I am looking at the pictures and also the survey and trying to determine the one side structure to the I let me look at this.
Well, I can't tell from the survey. Um I guess it's to the west. Yeah, the one structure looks like it comes up near to the fence line and that was one of the setback uh issues >> on the house or the ADU.
>> Uh on the house >> on the house >> if if you go in the driveway there is a cover and a shed and that shed looks like it's close to the property line. >> Yes. >> Which is one of the >> variants. I refer to that as the extended carport.
>> Okay. The extended carport. What is the carport? Because when I look at the survey, it says covered and covered. Makes it look like two separate structures. >> It's it's not two separate structures. Again, this this was all existing things
for years. So, what uh Rita and her husband had originally uh done is they had built the house and that original carport >> is actually part of the structure. >> Okay. And and with zoning, we tried to again always dealt with desert. We tried
to get clarification because that was uh confusing to us and confusing to uh to them as to is that considered part of the square footage and other issues. The carport that was extended out has
been there >> 2009 was put on that carport. We have not done anything with that. >> Is it freestanding or is it connected to the are the are the two connected? >> Yes. >> Yeah. They are connected and the and it's a uh contiguous uh roof line. We
had the house re- roofed under permits and that roof line is all one roof line that comes out over the carports. But the carport adjacent to the house is part of the original structure. The other was an added carport and it has got fixed columns if you will on the
end. >> It's freestanding. >> No, >> it's freestanding on four columns. The one that's closest to the >> F it's I don't think it has it's only freestanding on uh you have two columns on the west side
>> to support the structure the extension >> but I don't think there's any additional columns >> where it comes into the original cardboard. >> No, there is not. So now my question refers to staff. Is that considered a connected structure? Is that different
than two freestanding ones that require a variance for separation? >> I think whenever Desiree took it in, she was considering it a separate structure that was abudding the uh carport, the original carport for the house. and they
added this other one that was I guess it's a carport too that says covered on the uh survey and that's the reason it needed a separation distance variance. >> So she is considering two freestanding >> that's the way wrote it up.
>> So it's we're considering it two freestanding structures for the purpose of this. >> Yeah. The original carport was part of the house and then they added this one to it and so that's what she was looking at. uh the separation distance needed. Okay.
>> Yeah. >> I'm not sure I understand what what your clarification is. >> My understanding from my years of being on this board and I I'm not the expert. That's why I was asking Mr. Bod is that when you connect it, it becomes part of
the structure. Now the whole setback thing becomes different >> because now you're you you've got a >> you have a single structure. These aren't that the original carport's connected to the house. >> Mhm. >> Now you've connected an extension to the
carport that's connected to the house and you have one continuous structure, not two separate ones are shown here. But I'm gonna go with what staff has >> has has put together here and we'll we'll well >> sure
>> I I'll I'll vote on on the idea that it requires a variance for the separation. >> Okay, Mr. Hbert. >> No. >> Okay. So, um I've been following this. So now I just want to make sure we got five
variants all from your main house being Airbnb, the carport being turned into something, the structure being attached. Um, so no, I don't have any questions.
Any discussion here? I just ask you to step aside. Let me ask anyone in the audience. Anyone in the audience here to oppose? Oh, come on up. >> Y'all can have a seat, please. I'm sorry. >> I think we do have letters. >> Yes. But we have someone in the audience as well. >> Okay.
>> Okay. >> Okay. Sir, just state your name and address and then I'll swear you in. >> Chad Goswick. >> Wait. Speaking to the mic. I can't hear. >> Chad Goswick, 222 McKinley Avenue. >> Speak up a little bit. I'm sorry. >> Chad. >> Okay. >> Goswick. 222 McKinley Avenue. >> Okay. Do you swear to tell the truth, the whole truth, and nothing but the truth? >> Yes, ma'am.
>> Thank you. How can we help you today? Are you for or against? >> Against? >> Against. Okay. Tell us why. >> My only primary concern um is the additional structures that were built in uh 2025, the shed and then the addition
to the detached garage and their proximity to the setback which would be the joining property line. That's really all it is. I have I have some structures that give perspective. Um >> so why do you look why do you oppose?
What is your reason? It's just it's very close to the property line. >> It's close. Yes. Do you have pictures to show us? >> Do you own the property that's next to the sheds? >> Yes, sir. >> Okay. Thanks. >> Um just um these are just for
perspective. Um, so that is the utility shed. This is the addition to the detached garage here. >> Now, is that their house or your house? >> This is this is the the two structures
that are new as of 2025. Um here is another perspective just over the fence line >> shed as as it relates to the fence line. So
those are the only two things is just their the proximity to these two structures as it relates to the adjoining property line. >> That's all I have. >> Okay. So maybe I'm sorry. Just help me
out here. Put that picture back up. You're showing us that picture because it's close to your property line. Is that what you're saying to us? Put the picture back up. Let me just see it again, please. >> Okay. Okay. And that's your fence on that side? >> Yes, ma'am. >> Okay. Gotcha.
>> Um, here is the perspective facing north. >> So, this is the original um detached garage >> that shows on Bvard County Property Appraisers.
This was added 2025 along with >> the utility >> both structures were added in 2025. >> Yes sir. >> One minute sir. >> Okay. Anybody have any questions for him?
>> Miss Clemings. Um so what is your resolution for the >> I don't I don't have a resolution. Well, if you don't want the variance passed, then that's assuming that you want those structures removed. >> I would leave that to you guys. I just
am letting you know that it's over the setbacks and it's not what I had anticipated as far as having neighbors. It's a lot of people. Um, as it is right now with it being an Airbnb,
um, there's it being a five it being a five- bedroomedroom house, it's it's it gets quite quite busy. Um, an additional structure. I don't know what that I couldn't speculate, but it would certainly lend itself to thinking there would be additional people. I I don't
know. That's purely speculation. Um, >> can you put the one picture back up for me? Um they're they're all >> just the one that shows both structures. >> Okay. >> So that front building is what was added
in 2025. Is that the requested ADU? This is an additional. This isn't the addition to that structure. So, the detached garage is an existing structure. >> This is an addition to the existing
structure on the west side of the property. >> And then the shed was just >> And the shed is an addition to that. >> Okay. So, is it okay to ask that? >> Yes, sir. I can. >> Okay. Which one is the one that is they're
trying to turn into an au? >> This is the ADU. >> So that's the Airbnb right there. >> No, ma'am. >> That's the ADU. The what? The new thing that they want. >> That's the detached garage behind the garage. Yes, ma'am. >> Okay. >> Can we get those uh pictures, too, since
you entered them into the >> Yes, sir. >> application after you're done. >> Yes, sir. If Do you want me to hand them to you now? No. After after you're done with your >> I'm I'm good. I'm good. >> Okay. Wait. Let's see. Any more questions for him? No.
>> Mr. Humber? No. >> Okay. Seeing none. Thank you. >> Yes, sir. I can. >> Okay. Come on back to the podium, please. I'm sorry. >> That's fine. >> Yes. I'd uh I'd like to uh correct
something here. >> Is that Oh, back up there. If you will look at the where you see the blue and then uh the gentleman has uh talked about that extension
that extension was there with with what you're seeing that was the storage shed for putting lawn mower equipment or stuff or things like that by the former owners.
The slab went from that side all the way to the other side of the building, the main building itself. And what my wife was trying to explain before when the storm came through, which is before my
time of and knowledge, they rebuilt that whole structure with that part right there going halfway to the north. The slab stayed, but they
never added on the other half of that. Um, I don't know if I don't think I can point. Can I? Oh, I can. Yeah. You see this? This all in
here all the way back to about halfway or slightly more. That was an existing structure. The slab was >> Can you speak to the microphone so that we can pick it up on the The slab the slab uh was the same going all the way
across, but the former owner never put the second half of that structure back when they rebuilt the whole thing after the storm. What we did, and this and I take responsibility for, we actually
uh went over and raised that roof so that we could bring it all the way across and use the existing slab and put back the other half of that elongated
section, but it was part of the whole ADU. um which became the ADU requirement. It's just that. So I take exception, not exception, but I just want to clarify what he's saying that that's not
correct. That was there up till about halfway. >> So I don't know if that helps you and that became so the setback issues that we were dealing with, >> right? >> Sorry, what was your question? meaning it was approximately half its size and
fit within the variance with fit within the setbacks. If he's saying that that structure was half its size and we're asking >> plug from the pictures that they added about 8 ft to it, >> right? >> And if you look at the property appraiser site, the uh original garage
was 26 by 16 >> and it had 8 ft of patio sticking out to the west. >> Yeah. And now it looks like they've enclosed that patio to make it part of it. >> No, we did not. >> See the again this is this is on the
east side and the slab >> west side >> or the west side. >> The slab if you could see this a little clearer. You will see the slab extending out from underneath that. That was the
original pad for the shed. that was there in 1968 that went the full length of the building and up to the roof line. When they rebuilt it in 2009, they did
just an enclosed shed back there. And the roof structure is the only part that wasn't there when we took over and started to make changes.
This section is the change up here. The roof going all the way back and taking in from just between the two windows there. The bottom part of that was a shed and it was there. Hasn't been moved. Hasn't
been changed. >> Yeah. So the so my my point is I all of the setback relative to that and and his property that's been there since 2009 the own or thereabouts. So that setback
relative to his his fence that condition had existed way back when. So I I understand he has the right to to say what he wants, but I don't know whether to say it. It
existed. So now that to raise an issue with it, I think it's more the concern of the ADU being utilized for additional uh capacity because the air the Airbnb
u is now what the main house is being used for. And we actually went to his house to discuss this with him to explain that to them. He was in uh out of out of Hawaii, I believe. We talked with his wife. We gave her our letter.
We gave her the plans. We discussed this whole issue and a write up from my wife and said that we'd appreciate their cooperation. Uh because we weren't changing that distance to the fence. We were just merely trying to convert that to an AU
ADU building. And so all I can say is the setbacks that we're variances we're requesting are really preconditioned things from back in 2009
to 200 whatever. >> Okay. >> So I'm sorry that goes lengthy on it, but that's it. >> Okay. >> We do have one other response. Um, it came from the neighbor on the other side
who's not quite as close and I would like to submit that as well. >> What's the name? >> Uh, it is Baron's It is Tide Baron. >> I just wondered if we already have that in our package. >> No, you don't have it in the package
because I just bought it in today. >> All right. Well, you'll have to give that to staff. Okay. >> That's a good question. Sure. >> Can you explain the variance number five? Is that the is that the um
that's not the structures within the property. That's the structures related to >> variance. Number five is the separation distance between their new ADU and the original house. It's supposed to have a 15t separation distance between principal structures.
>> Okay. Okay. I have my answers. is 9.9. >> Can I make a motion? >> Yes. >> I make a motion to approve varants 1 and two and deny varants 3, four, and five as depicted on the survey
provided by the applicant of 827205. >> Do we have a second? Am I allowed to ask you a question? And >> variance two would also need to have variance three approved because that's
part of the >> extended carport. >> So you have variance two and three are for the extended carport that they did. >> Okay. So I'm fine with what's existing as as staying there as far as for the
shed. you the only thing you're wanting then is >> we can legitimize the front, right? That's a normal request. >> The front of the house that was built in 57 >> the accessory structures from each other on site
>> and then they have added a somewhere along the line another carport was added to the original carport. >> Right. That's what I don't agree with. >> Okay. So then you denied number two the separation distance too. >> Okay. >> So all you wanted is >> so I approve my request to approve
variance number one and deny 2, three, four and five. >> Deny. >> Okay. >> Okay. Well on the floor we have approval from Miss Clemings to approve variance one and to deny variance 2, three, four, and five. Do we have a second?
>> No. >> Okay. >> I second. You can second. >> May I ask a question? >> No, you can't. You can. >> One moment. >> Okay. >> I think we're done with public discussion.
>> Please take a seat. >> Please take a seat. >> Sure. >> Yeah. >> Okay. So, now is up for discussion with us? >> Yes. >> Okay. Let's say >> I'm just
I don't feel good about this one. >> Okay. >> So, I mean just just saying I I'm a little bit confused. I heard him say he proceeded without uh getting the whole thing approved up front. We've got letters of approval and
disapproval. It just doesn't seem harmonious to the neighborhood. So, I'm I'm not in favor. >> Okay. So, you're against all of it? >> Uh, I the um >> Yeah, she's against every one. >> Yeah, you I'm in I'm in concurrence with
the way the motion is is >> stated in Yes. >> Okay. >> Yes. >> How do you feel? >> Um zero. >> What does it mean? >> Okay. You don't want to legitimize the space in the front? Nope. >> Three inches.
>> Nothing. Okay. >> I say no to all for me. Okay. >> How much cleans you stay what you what you said. >> I mean I think that the first variance is a traditional or normal request. I don't think that's out of the norm. It's
it's legitimizing the primary structure. >> Yes. That was to the front of the structure, the primary structure of the >> Yep. as a practical matter. We're talking about three inches over the distance of
>> half the width of this room. >> Okay. So, we just had a discussion and the board came back with we have a motion on the floor for approval of only variance one with a denial of variance 2, three, four, and five. We're going to do a private vote.
>> We're going to do a reading of the >> six steps. Thank you, Mr. Hoffman. Please read the six steps. >> So, I'm not unclear. Uh, Miss Clemens motion was seconded somewhere by Yes. The chair by the
chair. >> Yes. >> Um, that Okay. The six points. >> Have a discussion. Go ahead. >> We've had our discussion. And now the six points >> that special conditions and circumstances exist which are not applicable to other lands, structures or
buildings in the applicable zoning classification. Um that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege
that is denied by the provisions of this chapter to other lands, buildings or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under
the provisions of this chapter and 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 land building or structure. that the granting of the variance will be in harmony with the
general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. >> Call a vote. >> Okay, we'll call a vote now, Mr. Hoffman.
>> Uh I am in favor of the motion that denies two, three, and four five. >> I second. >> You made motion. Okay. >> Whatever. >> I'm in favor of one and in denial of
two, three, four, and five. >> Okay. >> M say no. No to all. >> To all. Okay. Miss Clemings again to say >> I'm in. >> No. >> I agree with my motion to approve one and deny 2345.
>> Okay. So the motion to >> so this variance have only been approved for variance one and it has been denied for variance two three four and five. >> Can you tell me what variance one is? >> The front setback.
>> What's >> the front setback? >> Ah >> what about legal non-compliance >> that has to take your questions off the staff. >> So >> thank you. What I don't understand is
>> please take your questions up with staff >> up today. >> Mhm. >> After the meeting. >> Wow. >> Do we have our next variance, please? >> We're going to have to talk to you later
on. We're in the middle of this meeting. >> So, next item is H9. George and Linda Cana request variance of chapter 62 article 6 Boulevard County Code for an accessory structure in an SR zoning classification application is 25B
000066 located at tax account number 2318 673 in district 2. >> Good afternoon. >> Good afternoon. >> Can you state your name and address for the record, please? George Canannada
45510 Monica Court North Merit Island. >> Okay. And your name? Yeah. >> I am Linda Kannada at 4510 Monica Court Merit Island, Florida. >> Okay. You both swear to tell the truth,
the whole truth, nothing but the truth. >> I do. >> Good. >> Okay. How can we help you today? Well, we recently moved into this house and this past April and uh my goal was to put a fourc car
garage up. Uh came down the county and got an approved permit. And so we started construction. Uh we did the uh >> concrete slab
and uh building structure. Uh after that we were asked to get by the county to get a border uh survey. So, we did get the border survey done
and then it was pointed out to us that we were 20 I'm sorry, we were 15 ft from the north property line and it was supposed to be 25 ft. And uh
I wish there was something that I can do as far as moving the building, but uh it would be a major definitely a major financial hardship. Um I personally talked to all of our
immediate neighbors and they didn't have any issues or concerns. So, we're asking for the 10-foot variance. >> Okay. Thank you, Miss Clemens. District two.
>> I have no questions. >> No questions. That's the Huffman. >> No. No. No. No questions. >> No questions. >> Okay. So, let me just reiterate what you just told me.
>> Sure. So you have a four fourc car garage. You got a permit. You did construction the concrete slab and um you just need this variance to legitimize it. Correct. >> Yes. >> Okay. Let me just check with the audience. Can
you step to the side please? Is there anyone here? Yay or posing or nay for this variance? Seeing none, come back. We have a letter of support for this one. Okay. And this is from, let's see who
this is from. This is from Ken and Tracy Singleton. Yes. In support of what you're doing. Okay. All right. Okay. Question that they are the neighbor that's adjacent to the garage.
>> Uh, they're across the street. >> Across the street. Yes. >> All right. Thanks. >> Okay. >> Okay. Miss Clemings, >> I make a motion to approve the variance as depicted on the survey provided by the applicant with a date of 942025.
>> I'll second. >> We have a motion on the table approved by Miss Clemings, second by Mr. Humber. We will read the six points. >> Oh, I did the audience already. I'll read the six points if you want me to.
>> Miss Clemens, can you read the six points? special conditions and circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. That 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, structures in the identical classification, zoning classification. The literal enforcement of the provisions of this chapter will deprive
any applicant or the applicant of rights commonly enjoyed by other properties in the identical zoning classification of the provisions of this chapter and will constitute unnecessary and undue hardship to the applicant. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure. That granting the variance will be in harmony with the general intent and purpose of this chapter. and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare. >> Okay, we'll do an individualized vote
right now, Mr. Hoffman. >> I vote yes. >> I vote yes. >> Yep. >> Yes. Your variance have passed. >> Thank you very much. >> Appreciate it, >> Mr. Bodie. >> Yes. Item H10, John H. Mcliddy request
variance chapter 62, article 6, Bavar County Code for an accessory structure in an SR zoning classification. Parcel is currently zoned GU zoning. Application number is 25V000067
located tax account number 2802679 in district 5. >> Okay. Good afternoon. >> Hi. Can you state your name and address for the record, please? >> John McCloud, 3575 Carriage Gate Drive, Melbourne. >> Thank you. Your name?
>> Stacy Rosboro. I live at 979 Armstrong Road, Palm Bay. I used to reside at 3575. >> Okay. >> This is my dad. >> Oh, okay. And can I swear you both in? Do you swear to tell the truth, the whole truth? Nothing but the truth? >> Thank you. How can we help you today?
You're going to let her speak. Okay. So, um I believe the reasonzoning went through um uh he got that passed I don't know a couple couple weeks ago. >> But right now the the issue is he has a
out building on his property that is I believe 247 square ft over what it should be. The structure has been there for over 25 years. Um he has really one neighbor. Uh she wrote a letter of
approval. Um they put a new housing development in to the east of him which border which um >> West Melbourne >> um which is in West Melbourne, not in the county. He is on in the county and there's a retention pond that separates
him. The structure is in the back corner of the property. Um, you really can't even see it from the front of the house or the road. It is only he and a couple neighbors. His neighbor had like 10 acres. He has n six seven. What did we
decide? >> 9.6 or 9. >> That's why we had to do the resoning. >> I thought it was an acre. I mean, I've been there since 1973 and I've always thought it was an acre. Mhm. >> And uh I had purchased it from the guy I used to work for years ago
>> and built the house in 73. I've been there since 1973. >> But uh yeah, and my neighbors I've had that neighbor for 40 years. Matter of fact, she raised both her kids and they live back behind her. So that's our
little neighborhood right there. >> Okay. Well, this is district five, Mr. Hoffman. So, I I didn't stop to to bother you, but I did drive back there. It's the first time I've been back on Carriage Gate. Yeah. >> Road. I've live in that area. Um, in
fact, you brought up I >> Miss Doris wrote a letter to us and of course you you you know, uh, she's quite the fan. >> She's a nice lady. >> Yeah. Um, so you're not replacing the shed back there. You're just legitimizing what's there.
>> Yes. >> Yeah. Okay. And it it looks completely compatible with with the area there. It's kind of semi-ural. >> Yeah. >> What is directly behind you? >> A lot just there's actually there was like a 4 acre strip. Well, I always
thought it was an acre, but anyway, there's there's four lots in there. And I bought the one up front back in 73 when I worked for Mo Bedford at the time. And uh he sold me that lot to build a house on. And uh I've been there
since, like I say, I moved in there Christmas weekend of 1973 and I've been there ever since. >> So they're on developed lots at this point. Yes, they're still on develop. >> They're trying to sell them. I think they have them up for sale, but it's going to require a lot of dirt. Nobody's
up to buying them. I think people had talked about buying it, putting in a storage unit or something of that nature, but it is almost four acres, the same uh width as his property, but it goes further back. >> The easement thing is another thing that they're going to have problem with, too,
because since they built that development there next to us over West Melbourne there, uh there is a neighbor further back in there that's been there for I don't know, long time. So never say never, but there's probably not going to be any development there in the near future.
>> The price they're asking for that, you know, like I say, it's >> that's sign of the times. >> There could be a neighbor eventually, >> maybe. Maybe. >> But but even still, from what I I could see, >> I'm just trying to live out what's left of my life in peace. >> Yeah. From from what I could see, it it
it blends in fine with the neighborhood. So that's all my questions. >> Okay. Mr. Humber. >> No, >> Miss Clemens. >> No questions. >> No questions for me. Let me just check with the audience. Is there anyone here that would like to speak to this
variance? Yay or nay? Seeing none, come back. Do you mind doing the six point? >> Okay. Thank you. that special conditions and circumstances exist which are not applicable to the other lands, structures or buildings in the applicable zoning classification. That
the special conditions and circumstances do not result from the app actions of the applicant. that the granting of 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. uh 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 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. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that
such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. >> Okay, a motion. >> Oh, do we have Oh, >> I don't
>> Yeah, I got ahead of myself. Uh I make a motion that we approve the uh variance as as requested and depicted on the survey dated >> 72225. >> 72225.
>> Okay. A second. We have a motion on the table to approve by Mr. Hoffman, second by Miss Clemings. Individualized vote. Mr. Hoffman. >> I'm in favor of my motion. I vote I >> I >> I >> I. Your variance have passed. Thank you,
>> Mr. Bod. >> Yes. Item H11, James A. and Patricia R. Kent request variance of chapter 62, article 6, Bvoulevard County Code for the lot size for an proposed AU zoning classification. Parcel is currently
zoned GU zoning classification. Application number is 25V000070 located at tax count 2314112 in district 1. Okay. Good afternoon. >> Good afternoon. >> Can you tell us your name and address, please?
>> James Kent, 5090 Pine Street, Cocoa, Florida. >> Okay. And do you swear to tell the truth, the whole truth, nothing but the truth? >> I do. >> How can we help you today? >> Um, I requested a zoning change from GU to AU. My current acreage is 2.23,
which is, as I understand it, under the minimum of 2.5. So that's the variance that I'm requesting. >> Sounds simple enough. Sounds simple enough. Something.
>> Okay. So you just want to change it from agricultural to general use. >> No, he's wanting to change it from general use to agricultural. >> I'm sorry. I said it back was general use to agriculture. >> Okay. What do you have planned to do
with your land? >> We want to put an ingground pool in >> is what started all this. >> The ingground pool. >> Twoacre pool. That'll be a big one. >> Okay. Do you you have neighbors to the left and the right of you, correct?
>> I do. >> Okay. They oppose or >> they do not oppose. Neither one. >> Okay. All right. Any questions, Mr. Hoffman? >> Uh, just just a quick one. I see the roads out front. What is behind there? Is it a a canal or something
>> in in the back of my property? >> In the back of the property. Yeah. >> Uh, there is a canal and then a an equivalent lot with the the house toward the front of that. There's a lot of space between myself and the neighbor behind me.
>> So, you're not going to have a rear neighbor as long as there's a canal there? >> No. >> Yeah. So, it's just the uh left and right neighbors. >> Yes. And I've spoken to both of them and they're in agreement. >> Okay.
>> Okay. Mr. Humber. >> I'm good. >> Miss Clemings. >> No questions. Okay. Anybody like to make a motion? >> Motion approved. I make a motion to approve the variance request as depicted on the survey provided by the applicant
with a date of 72120 2017. Okay, >> we have a motion >> second. >> We have a motion on the table to approve by Miss Pllemings and we have a second by Mr. Humber. Individualized vote, Mr. Hoffman. >> We didn't ask for any opposed.
>> I'm sorry. >> Thank you. >> I'll do it. >> No, we just didn't ask for the opposed. Thank you. Miss Clement's going to read it. >> I'll read it. >> Okay. >> But we didn't ask about if anybody had any objections.
>> I did. I thought I'd tell you. Is there anybody here with any objections >> for this variance in the audience? >> Seeing none, come back. >> That special conditions and circumstances exist where which are not applicable to other land structures or buildings in the applicable zoning
classification. that special conditions and circumstances do not result from the actions of the applicant. 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, building, structures in the identical CLA 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 will constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make it possible the
reasonable use of the land, building or structure. That granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare.
Tada. >> Okay, Miss Clemens, we made a motion to approve. >> I vote to approve the vote application. My very >> I your variance have been approved. Thank you. >> See going last is not so bad. We get
tired of time. >> Okay. This meeting is now adjourned. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida,
Space Coast Government Television, or the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or
slanderous statements expressed by any member of the public during any such period. Hey, hey, hey. Hey,