[Music]
Just a couple of housekeeping things. Um, as soon as I find my papers, did I lose some? No, here they are. Okay, it's kind of a standard announcement. Um, good afternoon. Before we begin today's meeting, please turn
off your cell phones and pagers or put them on vibrate. From here on until the meeting is adjourned, please take any necessary calls outside the room, perhaps in the lobby. Those who are requesting a variance, if you haven't already done so, please check in with county staff now to receive any
paperwork and sign your affidavit. And in most cases, you've probably already taken care of that. Um, everything said at this meeting is recorded. We don't need anybody to check in. We have all the information we need.
Thank you. Do you want to say the pledge or um just finish this and then everything said at this meeting is recorded. So speak clearly into the microphone when you come to the podium. Adjust it so that it's comfortable speaking for you.
Each speaker must be sworn in when they first come to the microphone. I'll ask you to state your name and address for the record, swear you in, and then you can begin any speaking or presentation. Um, the last thing is the meeting will start in approximately 5 minutes, but
we're going to go ahead right now. So, um, please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. Please be seated. Uh, I now call this uh meeting of the Bvard County Board of Zoning Adjustment
uh for uh August 20th, 2025 to order. Our first order of business is the fact that our chairman and vice chairman are not present today. So, I need to have a motion and a second and a vote to uh
appoint an ad hoc uh chairman for for this meeting. And I think it's pretty obvious which way we're going with it. So, I make a motion to put you in place. Your mic. I make a motion for you to be our leader today. Okay. I'll second that.
Okay. Uh all in favor? I. Any opposed? No. Um so, we have a few housekeeping uh procedures that we go through at the very beginning. Uh, one of those is
staff announcements if we have any. No, there are no staff announcements. Okay. Um, the other is the uh meeting minutes. Uh, they were distributed. Does anybody
have any changes or corrections from the last meeting? No. No. If not, I need a motion to approve. I'll make a motion to approve the minutes. I second. Okay. Motion is made to approve last
meeting's minutes. Um all in favor say I. I. Okay. Um I'm going to go through some uh procedural stuff. Uh first reading
where I find it. Uh yes. Mr. Body, would you uh please explain the uh uh purpose of the uh uh board of zoning adjustment? Yes, Mr. Chairman. The board of
adjustment is a quasi judicial body established by the board of county commissioners under chapter 62, article 2, division 4 of the Bvard County Code. The board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign
regulation in chapter 62, article 6, and article 9. Pursuant to Florida rules of appellet procedure, any person or persons jointly or severally agree by any decision of the board of adjustment may within 30 days after the date the
order is signed apply to a court of competent jurisdiction for appropriate relief. Mr. Chairman, you have eight items on your agenda today. Thank you, Mr. Bod. Um, Miss Clemens. Miss
Miss Clemens, would you uh read the uh second reading which is the uh definition of an undue hardship? An undue hardship is a variance. 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 chapter will result in unnecessary and undue hardship. The term undue hardship has specific legal definition in this context and essentially means that without the requested variance, the applicant will have no reasonable use of the subject
property under existing developmental 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 andor reasonable use and/or reasonable return under the existing land development regulations. The applicant must answer a variance hardship worksheet with six questions. The board of adjustments will
discuss these questions today with each applicant who has requested a variance. Thank you, Miss Clement. Um I will now address uh everyone in the room um address our board members, the
applicants and our audience regarding the board's procedures for today's hearings. The board of zoning adjustment as a quasi judicial board with members appointed with volunteer members appointed by the Bvard County Board of Commissioners will utilize Robert's
rules of order to conduct its proceedings. The chair is asking that all board members The chair is asking all board members not to ask questions while the applicants are making their initial presentations. Once the applicants have
completed their initial presentation, we will begin board questioning with the board member who represents the applicant's district. When concluded, questioning is open to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we
will then open the floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board concisely and once.
Uh at the conclusion of the public comment, the applicant will be given additional time for 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 then 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 relevant. Um, we often hear about
the spats back and forth at the neighbors. That's not relevant. Um, all persons speaking will 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 to the clerk. Are there any questions from the board regarding these procedures? Are there any questions from the applicants regarding these procedures?
Are there any questions from the audience concerning these procedures? Seeing none, I will now move into the uh real reason that you're here. Mr. Bodie, may we have the first applicant, please?
Yes. Variance item H1, Kenny and Evelyn Hernandez request three variances of chapter 62 article 6 Boulevard County Code for a pool screen enclosure, a pool and an accessory structure in an RU-1-13 zoning classification. Application is
25V000019 located at tax account number 3016857 in district 4. And also this item was tabled from the June 18, 2025 BOA meeting. Thank you. Good afternoon. Good afternoon.
Um, could you state your name and address for the record, please? Kenny Hernandez. I'm the owner of 5470 Calder Drive in Melbourne. Okay. Hi. Do you swear the testimony you're going to give us today is the truth? Yes.
Okay. Please proceed. Thank you. uh as per our last meeting um there was uh with my plans there was an issue that uh I didn't have HOA approval at the at the time. Um I submitted it to Kristen
which I don't see here and I wanted to thank her for help being so helpful during this process. Um did you receive that? Okay. Um so I got the approval from the HOA. Um, also there was letters of uh support which I think you guys got
as well. Um, based on um on the original plans that I submitted. Now I'm going to we're going to talk about the side towards the culdeac which is the fencing. Um, my original plans
were to go 28 feet from the house to the rear of the yard, but I I I understand um that the corner right that's the biggest concern of uh you know as far as
this project is concerned. So, what I was going to request um is cutting the enclosure from 28 ft deep to 21 ft um along the house. And then when I
would enclose it, I would enclose it horizontally so that that would give sufficient space in reference to the corner in question. um which I would enclose it to the 32 ft
mark which is the rear part of the of of where the enclosure is going to be. With that said, uh I would be requesting a variance. It would be approximately 7 ft um uh from the 25 it would be like an 18
foot setback uh and a 7 foot variance give and take an inch or two maybe less or more. Um and uh I think uh I'm hopeful that um bringing the the enclosure that's 7 ft
to 21 ft deep and the enclosing of it horizontally would be satisfactory to you all. We we don't have anything that shows that you've redone this on your survey and have to readvertise it for being differently than what is has been
advertised. So you'd have to come back and have it redrawn on the survey by your surveyor and show those distances so we could readvertise it. Oh, okay.
I was basically since it's my district uh I had reviewed it and uh the I was going by the action items that we had given you in the end and it was not to change the drawing but it was to get the letters of approval from your neighbors
and also from the homeowners association which I did now uh and as I had said in the last meeting and I'll repeat again I visited your property. I've seen it and the way it was it is depicted in the current
presentation. Correct. It does not impede the traffic on the culdeac nor on the facing street and I mentioned that in the last meeting. So I did not and nor was it raised during the meeting by others did we have
a major issue okay with the variance there. What we wanted was the I misunderstood. So is this the way it's presented given to us? Is this the way it's you want to
present it with the letters that you have now given us? Yes. All right. Then we will go back. As I said, I had reviewed this. the streets are not
impeded, but uh the minutes of the meeting and it did say that you did not have a letter of agreement from the homeowners association, which is quite important and you did not have approval letters from your neighbors because that
is getting closer to their property. Correct. The streets were not an issue and did not come up as a question. Therefore, you have provided us letters in this last packet. Correct. We now
have the letters of approval agreement from your neighbors, three neighbors. And we also have the letter of agreement from your homeowners association. Correct. Which says that there is not an issue with what you are planning which
is in the plan which is in this packet. Correct. All right. Thank you. Then I don't have any further questions. Any any other questions, Miss CL? I have no questions. Okay. I I have no questions.
Procedurally, I need to ask the audience if you could just step aside. Um, is there anyone in the audience who wishes to speak in favor or against this uh application? You come forward, please. Would
you like to have a seat, Mr. Hernandez? Have a seat. Yeah, have a seat in the front row right there. It' be fine. Um, same procedure. Name and address for the record. Good afternoon. I'm Warren McKesen. I live at 3431 Dirksley Drive. So, I'm a neighbor of Kenny Hernandez. I'm also
I need to swear you in. Yes. Sorry. Um, do you swear to tell the truth to us today? Absolutely. Yes. Okay. Are you speaking for or against the application? I'm speaking for in support of Now you can proceed. In addition to being a neighbor, I'm
also on the board, the HOA board, and I was at the meeting where we discussed it with Kenny and the rest of the board members, and I actually was at the architecture committee meeting as well. And with all of the same
provisions that you noted, the HOA architecture committee and board member agreed this was not going to be an issue for anyone, particularly with the support of his immediate neighbors who had an adequate opportunity to weigh in, not just at the meeting, but also
through mail. They were they were sent letters and everyone seemed to go along with that. So from our point of view, this is not an issue for the HOA or any of his neighbors. Okay. Does anyone have any questions? No questions.
Okay. Thank you for uh your interest in of course public part participation. Thank you. Um Mr. Hernandez, you can come back. Oh, no others, right? Okay. Yes. I only saw one back to the microphone.
Okay. Anything before it moves to the side of the bar? Uh no. I mean uh you know I'm confident you know that everything will work out. Okay. Thank you. Thank you so much. Thank you. Thank you for your time.
Okay. Um need a uh motion to approve or disapprove this uh application. Miss Bass Dr. Bass. Yes. Uh having met the action items from the June meeting, I make a motion to approve the variance as depicted on the
survey provided by the applicant dated 42425. Okay. Do we have a second? I second. Okay, we have a motion to approve and a second. Do we have any additional discussion? All right, then.
Part of my my duties are to read the definition of the six hardship questions. So in order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The special conditions and circumstances exist which are not
applicable to other 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 pro provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the
identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. that the variance grant is the minimum variance that will make possible the reasonable use of the land building or structure.
That granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those uh six criteria in mind, I will uh
call the vote. All in favor say I. I. Any opposed? The motion passes and the application is for the variance is approved. Mr. Bod, could we have the second or our next uh applicant, please?
Yes. Item H2 L Nelly Nogre Rolls Naros request variance chapter 62 article 6 Boulevard County Code for lot with and
an AU zoning classification application is 25V000024. It's located at tax account number 25 09830 in district 2. Okay. Would the applicant please come forward?
Good afternoon. Good afternoon. I need you to state your name and address for the record and carefully uh pronounce your your last name, please. Thank you. Uh my name is L. Nelino Gerles, 1455 Martin Road, Rocklage,
Florida, 32955. Okay. Do you swear the testimony you're giving us today is a truth? Yes. Okay. How can we help you? Okay. Um, so we've we what our main purpose is to um divide the the 5 acre lot into two pieces. Uh we came before
the county commission. Um I think it was in May. I'm not I don't remember exactly. Um and in that meeting uh we were going to reszone the a one acre of that lot. And um in that meeting they uh
requested us to have a DBP. I don't know if I said that correctly. What is it? Oh, BDP. Sorry. Thank you. Um, and in this BDP, I kind of I agreed to it because I didn't think that this was going to affect me and anything else. Um, but then after we agreed to this, it
turns out to be that my the flag lot can no longer be called the flag lot because it has to have a house attached to it and there's only one house on the whole entire lot. So, this is why we had to come back and do this variance um for
the lot size. Um and that's what I'm doing here. And I have I ask if you can approve this. I greatly appreciate it as um it really wasn't our I didn't realize that I was uh kind of shooting myself in the foot with that one. Um but we had no we have no intention of building
anything else on the lot and that's why I agreed to it. Um there is already a one one family house on the on the lot as it is. That was that was the part that we was reszoned to an RR1. So there. Sorry. Okay.
Okay. Thank you. Um your uh application arises in district 2 which is represented by Miss Clemens. So you have the floor for first questioning. Okay. So I think I missed the May meeting or whenever it was. I don't this isn't this isn't ringing any bells but
what was the original reason for the for the separate parcels? Oh because um we want to do agricultural on the on the 4 acre lot and we wanted to have it separate from the house and that's the reason why we had um brought
this I'm not sure if it was in May maybe even earlier. I think I was in Yeah, it was May 2nd that it was approved. It was May 2nd. Oh, okay. So I was right. I think that was a board of county commissioners meeting. Yes, it was. It wasn't It wasn't this board meeting. Yes, it was a county commission meeting.
Yes. Approving the BDP. Correct. And you have no intentions of building an additional Nothing. Nothing at all. I mean, what we want to do is agriculture on it. Um, right now we've pretty much uh painted and fixed everything. The lot
is beautiful. We maintain it constantly. We're trying to get um some animals in there and stuff like that. And it it's it's for agricultural purposes. And we have you painted uh we painted the stable. It was in rundown condition. So we fixed it. We
did the roof. We fixed the barn. The barn was uh replaced the roof. We painted it. Um and we continue to upgrade the property for that purpose. Okay. I don't have any additional questions.
Dr. Bass, do you have any questions? No. Uh it's clear that this is property enhancement. Uh I don't have any further questions for you. Thank you, Dr. B. Okay. Um I need to go through the procedure of
asking. Do you want me to sit down? Uh just step aside for the s for a moment. Is there anyone here who wishes to speak in favor or against this uh application? Seeing none. Short trip back to the microphone. Any last uh statements?
Anything? No, that's it. Unless you have any questions, I'm more than welcome to answer. I think it's very clear. Thank you. Have a seat. Thank you. Okay, Miss Clones, that arises in your district. Yep. I make a motion to approve the variance um as it's depicted
on the survey provided by the applicant signed and dated 614203. I'll second that. Okay, we have a motion to approve and a second. Is there any other discussion? by the board. Uh hearing none um we will
move on then to um the reading of the six criteria. So in order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The
special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance requested will not confer on the
applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. that the variance grant is the minimum variance that will make possible the reasonable use of land building or structure. That
the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those criteria in mind, I will call the
vote. All in favor say I. I. Any opposed? The motion passes and the application is approved. Okay. Uh, Mr. Bod, can we have the next applicant, please?
Yes. Item H3, Star Rush LLC, request variance of chapter 62, article 9, Bvard County Code for a wall sign in a PUD zoning classification. application is 25V000029
located at tax account number 3018275 in district 4. Thank you. Good afternoon. State name and address for the record, please. My name is Angela Cupniki. My address is 1680 Prominate Circle, Port Orange, Florida. Okay.
A long way from home. Um, do you swear that the testimony you're giving us today is the truth? Yes. Okay. All right. I am here speaking on behalf of Whole Foods that's going in off of Yer Boulevard. Who is seeking an increase of square footage for their
signs from 216 square feet to 536 ft. They feel like if this is granted, it would enhance the lighting on the properties, which would ensure customer safety and a safer environment for customers and which would allow more visibility from um sorry um Vieira
Boulevard. So, since they don't sit directly off the boulevard, they sit back. This will allow them more visibility. Okay. I don't know if you guys have copies of this. Um, yeah. Okay. Yeah. I wasn't expecting to be sitting here
today, so I didn't print out copies of that, but it's okay. Do you want it? No, we Oh, do you need No, I have it. You have it. Okay. Okay. Um, your application arises in district 4, which was represented by Dr. Bass. Uh so you have the floor for question.
Uh Whole Foods is uh at the crossings at Vieiraa, correct? Yes, ma'am. And that is bound on the west by I 95 just to get a sense of where we are here in this shopping complex. Yes, ma'am. Bounded by on the west by I 95 and on
the east by Murell Road. And the one intersecting road is Star Rush Drive. Yes, ma'am. which runs in in the center and around this on all four corners are businesses. Yes, ma'am. All right.
And uh the developer is SJC Ventures and uh they are the retail developer of this property of which you are renting leasing the space to build your your building. Yes, ma'am. That's correct.
Um, is this request for a monument sign or a building sign? Just the wall signs. No monument signs. We're just going to be a um on the tenant panel. So, I have that also. And the
the picture is of the building. It looks like it's going to be the building sign. Yes. No, no monuments, just the building. All right. Now, has this same request been presented to the Vieiraa Company's plan review committee, uh, who manages the
change requests for SJC Ventures? Uh, I've been in contact with a lot of people from Bavar County. So, I'm I'm I'm going to say I don't know at the moment. I just know I was in contact with George Richie and he and I have had
correspondence about me coming up today and asking for the variance. Who is George Richie? He works for Bavar County in the peritting department. All right. So, you have not discussed this at all with SJC Ventures and their
change management board at Fierra. It's their property. I well what I'm on I'm speaking on behalf of Kindle Signs representing Host food. So my correspondence has been with George Richie and the actual sign company that
hired us to come in and do the sign um variance for well Vieiraa does have the approval rights on the sign especially on the uh building signs. Okay. So, I'm questioning
how it can be approved by one half and not by the other half. The other half. I have I I can't answer that question, ma'am. I do apologize. Miss Bass, this this property is now owned by Star Rush LLC.
Yes. And they have a authorization for for um yeah to act from the LLC for this application from the owner of the LLC Star Rush.
But the Vieiraa, the people that approve changes to this particular property is through the Vieiera plan review committee. And so I'm asking, has that been reviewed by them? Also, they would only be reviewing something
if it was changing the amount of square footage of the property being used for the um the commercial use. They wouldn't be reviewing the signs. Uh well um
I did talk to some people at Vieier and that was not the impression I got. Um but having said that, let's go on then on the questions that you have. Number one, the specific
conditions and circumstances that exist here and uh your answer is that Whole Foods is a larger scale than many other businesses in the vicinity. How much larger is this store than the one across
Vieira Boulevard, Windixie? I don't have that information. I do apologize. I mean, I don't have that. I don't have the square footage of the entire I just have the um the building frontage and the side. That's it. That's
all I have. So, the building frontage is 216 ft. I don't know what Windixie is. All right. Your answer, the answer to question number one is the signing limitations do not accommodate the operational needs of a grocery store of
this magnitude. So, I'm just asking by comparison to a grocery store which is in the same complex what the difference is and you don't have the answer. I don't have the answer to that. I I live in Port Orange, so I am a Valuchia County resident. So, sorry.
All right. In question number two, special conditions and circumstances of the applicant. You say that the increase in sign not you it was stated the increase in signage is driven by the customers needs to easily locate our
store. Um, actually to be to be perfectly honest, I drive this road and coming here today for this meeting, I actually got caught by the red light um on the crossroad and I could easily read the paper sign which
is hanging on the front of the building which is announcing Whole Foods is coming soon. So that sign is smaller than the one that's going to actually go in the storefront, which is the same size as the Home Depot, which is next to it. Yes, ma'am.
So I question why it's going to be it's going to take a sign 100% larger to see it when I can easily read a paper sign that's hung on the building. Absolutely. The granting of the variance requested
will not confer on the applicant any special privileges. Uh it says that your the answer is the variance will not only benefit whole foods but will contribute to the safe environment of the customer. Would you please explain how a large 100% larger
sign is going to enhance the safety of the customers? Well, they're thinking like at night when the lights are on, if the parking lots don't provide uh great lighting, then it'll help the customers. So, that's what I was told. So, the parking signs and the parking lights
are great. Goodwill is there. Long Dogggers, Wind Dixie, there's plenty of light there. I hardly think that making the sign 100% larger is going to enhance the safety of people. I understand.
The literal number four, the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by others. If this request is granted, your sign will be over 100% larger than the
existing sign of the two businesses which are part of the Whole Foods building. Not part of the business, part of the building. Jeremiah's yogurt and hand and stone
soap. And those two signs on the front of the building are approximately five to six feet tall. So I would think that you're 100% larger than the Home Depot sign by comparison
next to Jeremiah Yokert Spa. I think it would be hard to find their businesses, not yours. Which also brings me back to why I was asking about if the uh if the uh
association that approves the signage for Vieiraa uh had approved this or knew that you your company that you are representing was asking for this large of a sign. The last one that sorry on on that particular I'm sorry.
Yes. No, go ahead. Um this is advertised publicly, right? Everyone has access to the applications advertisement. It's been advertised publicly. So All right. I'm just wondering if it was if they
were notified. Okay. Yeah, particularly uh and the last question that granting the variance will be in harmony with the general intent and purpose uh and will not be
injurous to the area involved. And uh the response is the v the variance will facilitate our ability to serve the community better. A 100% larger increase in the sign is
going to serve the community better. Perhaps that is going to overwhelm the signs around it particularly uh the Jeremiah uh yogurt sign. question you ask. Are you asking me that as a
question? I think Whole Foods serves a a more a better purpose than Jeremiah's. But I mean, I'm here to represent them, not Jeremiah's. So, yes, ma'am. My answer will be yes. Any other questions?
I'm good. I I have a couple questions. I just want to make sure I understand because you have the three different depictions of the um signage. So the the main picture, this one you have here, is all three of
those signs is what equates to the 500 square feet? Yes, ma'am. So and in the standard practice, you guys do all three of those signs on all of your buildings. Yes, ma'am. They're just at a smaller scale. So you're just asking likely because it's
if we could reduce the size, I guess we can do that as well. But they wanted to go for that. So and I'm sure it's because of the north facing traffic from 95. Correct. Yes, ma'am.
And there's nothing in between. This entire complex is your there's no sublets from this picture. Correct. Not that I This is This is your entire That's the entire Yes, ma'am. That's correct. And that square footage doesn't include any of the sign B2s that are
freestanding. No, ma'am. And those are within compliance or there's no variance requests for those future variance requests? No, ma'am. And then are all three of the lights lit? Yes, ma'am.
Okay. All right. That's all of my questions. Thank you. I just have a point of question possibly, Mr. Bod. This, and I didn't, again, I wasn't expect to be sitting here, so I didn't print out all the
stuff. Is this increase for the sum of the signs or the increase for each sign? No, it's for the uh all the signs over what is permitted. sum of the square footage of the signs. Yes.
All three of those. That's what you're allowed. But the the but the total signage is what the the 500 ft is all three of those. That's what And then they're asking for more. No, no, no. They're asking this is what they're allowed for these three signs.
Yeah. They're permitted 216.83 83 square ft and they're asking for an extra to go up to 530 and it looks it looks like it's all on the face of which which single building.
Which way does the sign do these signs face? There's three on the north and then there's one sign on the west side of the building, but we're not The west side faces I 95. Yes, that's where you're trying to pick up some visibility there. The other two
face Vieira Boulevard. Yes. Okay. Are you are there any businesses between Whole Foods and Vieira Boulevard? You talking in front? Yeah. I think there's a a Miller's L House. So, you are set back behind those.
Yeah, we're set back. Okay. Okay. There is one building and that is Miller's Ale House which is on the corner of Vieira Boulevard and Star Rush Drive which is right on the very corner there. It's a smaller building. Okay. No, I was just trying to picture
in my mind where where it was. The rest of it along the air is parking, right? Okay. All right. Any any other questions from the board? Okay. I have to go through the procedure of asking first.
Is there anyone in the audience who wishes to speak in favor or against this application? Seeing none, please return. Thank you. And um last comments. I don't have any. Thank you so much. Thank you for your time. Thank you. All right. Thank you.
All right. Um Dr. Bass, this um this application arises in your district. U would you like to make a uh motion? I make a motion to deny the approval of the signed size increase as provided by the applicant.
You have to give a short reason because it is contrary to the public interest. Okay. Second. I'm impartial. Um I'm not forcing you to
I second. Okay. We have a motion to deny and a second. Um any further discussion here among amongst our uh board members? No.
I um having not reviewed it in depth but getting some sort of understanding of where the building is, I tend not to object to this but that
would be for a vote of the board. I feel like there's a compromise. I don't think it needs to be 100%. But I'm I feel like there's a compromise. So maybe if they want to come back with a little bit different, I think I'd be open to that.
Can Can you make sure you speak into the Yeah, I feel like there's a compromise. I don't think it needs to go all the way to the 500 square feet. I'm I'm fine for it to be larger. I understand, but feel like it's a pretty extreme request.
That's all. Okay. Um, that's the extent of our discussion. So, we have a motion to disapprove. We have board discussion. I'll read the six hardship questions and then we will take
a vote. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. that special conditions and circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification.
That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning
classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the
variance granted is the minimum variance that would make possible the reasonable use of land building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise
detrimental to the public welfare. Um we're we're going to call the vote by member. So Dr. Bass for the uh for the motion to disapprove the application. Yes. Okay. That is a vote to disapprove. Yes. Miss Clemens.
Yes. Motion to disapprove. Okay. then I will I will vote uh against the motion to disapprove. However, the motion does um it passes in denying the application by a vote of two to one. So
um the applicant is uh welcome to come back with next steps. Okay. Um Mr. Bod, can we have our next applicant, please? Yes. Item H4, Jason and Lee O'Reilly
request variance of chapter 62, article 6, Bavar County Code for a shed in an RU-2-10 zoning classification. Variance applications 25V000034 located at tax account number 27 35992
in district 5. Okay. Could you state your name and address for the record, please? Hi, my name is Leah Riley and my address is 1760 Williamsburg Way in Melbourne, 32934. Okay. Do you swear the testimony you're giving us today is the truth? Yes, I do.
Okay. Um, your application arises in my district, District 5. Um, and yours is one of the ones that I actually printed out and actually I didn't visit you, but I drove by. Okay. And saw the situation. Um, I noticed
that u you vacate that the board vacated the I guess there was an alleyway or something between you and so there is an easement between my property and my neighbor's property be because of a drain pipe that goes through from the street to the retention
pond in the back. Um so the easement was approved um by the county um on the 20th of May. Um they came through thoroughly to ensure we we there was no record of exactly where that pipe was. It was a cement pipe. Um so the county came out
and measured exactly where it was and it showed that the pipe was much further onto my neighbor's side of the 15t easement between the two of us. Um so with that being said, they felt and reviewed that there was enough room for them to do any repairs that were
necessary. And then our HOA also approved that um because in in in reality they're responsible for repairing it on the as far as the survey and the land works on that that area. So all of that was approved. I thought I
was on my way to get everything that I needed and called right right down into zoning. Um, and the struggle with this is that we've we hired, you know, we had hired a professional contractor and the and went through the professional
surveying part of this and somewhere along the line, I'm not sure where it is, but there are literally inches that have been misguided on a certain corner of the building. Um, so the easement was approved. There's no um the only thing
that's there is is the pipe. there's no utilities, nothing like that. Um, we've had the approval from the adjacent neighbor. Um, spoke to all my neighbors and basically it's the shed that's already been constructed. It went through
several rounds of inspection and all of this. And then when we went to the final inspection, there was a notation of um this discrepancy. And I'm not sure where this came up. We originally when we bought the property, there was an a old
structure, an old shed um that we quickly realized had black mold in it. So, we had it removed from the property and it was in the same spot. Um and at the time it was built with the fence kind of into the fence. Um we then
removed that fence and had a fence built um just um uh about a foot um towards our property. So it wasn't built right on the line because there's a bunch of trees there that we wanted to preserve. So I don't know in the
surveying or somewhere where there was a couple inches that may have in one corner there had been a discrepancy between the professionals measuring. Um but we in in constructing this building we we I feel like we went through every
kind of check mark to make sure we were doing the right thing. So, as it was built, it wasn't built to to in fact, we were trying to make sure it was far enough back so that we didn't have to go through any of this. So, now we've been going through about two years of trying to get all these steps and it and and we'd like to close out the building so
we can use it. Um, but we haven't done anything further. So, it is a it has a concrete slab. It's so the hardship would be to actually remove this whole thing to have it rebuilt. Um, and so that's why we're
here today to to pray that you will um because it's not affecting any any other area. And I believe in the percentage it's like it just skates by, you know, it just goes over what the ovarian elapat
is. Forgive my old eyes. I can't read all these small uh maps and stuff. How much over are you? Um I think in one I I it's not clear to
me um exactly where the issue was with the variance because I was so looking at the easement part. Um the easement I believe they gave us like 11 in in one area. Um, and all it met all the other criteria for the distance and in fact I
I had the surveyor come back to make sure that the building was in the correct position away from our pool structure too. So all of that was reme-measured and that's shown on the current survey that you have to to show that. But it is within inches in one corner. So we're talking this much.
Yes. Your neighborhood. Yes. The corner of your building. They they vacated 2 and 1/2 ft to go just around the outside of the shed is what it is. And also, if you're wondering about
whenever it was how it was brought up, when I did the staff comments for the vacate, I said that uh zoning didn't have any objection to vacating it. But however, the variance to the norly 7.5 ft side setback would need to be applied
for and approved by the board of adjustment for the accessory structure frame shed to comply with the zoning setback requirements. So when I did the staff comments for the easement vacate, that's when it came up probably to the
uh specialist from the vacating and Amber and she made it noted. But we're talking about a discrepancy I can measure with my hand, inches per foot. It looks like it's just about from
looking at the survey 2 and 1/2 ft into okay at 7 and 1/2t. So that's the reason we're here now. So that that's more 5T two and a half set back to it. That's what the survey says per the survey. Yeah. I can't my eyes
aren't that good. Um Okay. You But they do have enough uh room to uh maintain that drainage point. Yes. Yes. They can get in there. Yes. You don't know how big it is. Um, it's
it's 15 feet, but the majority of No, no, no. The diameter of the pipe. Oh, I don't know the diameter of the pipe, but when they came through, they went through every section of it to figure out where it exactly was. Um, and it's several feet onto my neighbor's It's
the rear name. Yeah. And my argument with that, well, why I felt that from the very beginning before they went through that is I have a massive maple tree on my property that was definitely there before this pipe was there. and and so that to me shows
that it's a significant amount, you know, more over like seven or eight feet on the other side. Like it's mostly on his property, not mine. And and so the other thing is we're not putting any utilities or anything. They're not building anything on that side whatsoever. And that's why the easement
was approved. Does does the pipe what we call daylight? Can you see the end of the pipe if you go over to your neighbor's property? I can see it on my neighbor's property. Yes. So, is it as big as my head? Is it as wide as my shoulders?
Um, I think it's probably about this big 12 to 18 inch. Yeah. And you can see it close to the top of the ground. I can see it close to the top when it comes out where the our water is in the back. Yes. Yeah. Would you say it's that much below the
level of the ground? Yeah. Here's what I'm coming to. If it's a small pipe and it's not buried very deep, it's not that hard to access it even if your shed is a little closer to it. Yeah. So, it sounds to me like it is. And and
that's fine. I watched them with sticks. I mean, they were just sticks with it. So, it wasn't like they were taking a backhoe to find the pipe. It was It was right there. Yeah. Yeah. Okay. Um, you mentioned that you talked to your neighbors. Yes. Has anybody emailed you, given you
anything in writing saying, "Ah, we're we don't care. We're fine." Um, on the easement application, my adjacent neighbor signed the document that was submitted. All of that done and the HOA on record also sent in with the easement package. Very good.
Very good. Okay. Okay. Um, that's all the questions I have. Does anyone else have uh questions? No, no questions. Okay. Have to go through the procedure of asking you to step aside. Is there anyone in the room, I know you're tired of this, um that wishes to speak in
favor or against this application? Uh seeing none, please return. Um you have a chance to say any final words, comments. Um no, I just would appreciate um um an approval. Um it's been a long process
and a lot of lessons learned, but all good lessons. So, we all learned. Yes. Okay. Thank you. All right. As it it arises in my district, but as chair, um I'm not uh
allowed to uh make a motion. So, would someone make a motion as they please? I make a motion to approve the variance as requested. Number four. Sorry.
Yeah, I can't read it either. Sorry. as depicted on the survey provided by the applicant signed on 310 signed with a signed date of 310 2025. Okay. Do we have a second? I second it. Okay. We have a motion to approve and a
second. Do we have any uh board discussion? No discussion. Okay. Uh with that I move into my my reading of the uh criteria. In order to authorize any variance, the board of zoning adjustment must find all of the
following factors to exist. The special conditions and circumstances 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 confirm the applicant any special privilege, excuse me, 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 and the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue
hardship on the applicant. That the variance grant is the minimum variance that will make possible the reasonable use of land building or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter. and that such
use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those criteria in mind, I will call the vote. All in favor say I. I. Any opposed? The motion passes and the
application is approved. Thank you very much. Okay, Mr. Bod, may we have the uh next applicant? Uh, excuse me. Does anyone need a couple minutes of recess or anything? board. Okay. Audience. No. Good.
Okay. Mr. Bod, may we have the next applicant, please? Yes. Item H5, Brian J. Lewis and Christina Obermeer. Lewis request variance chapter 62, article 6, Bvoulevard County Code for an accessory structure in an AU zoning
classification. Variance applications 25V 000035 located at tax count number 2314111 in district 1. Okay. Could you state your name and address for the record, please?
Um Brian J. Lewis, 5120 Pine Street, Cocoa, Florida, 32927 Canaveral Gross. Okay. Do you swear that the testimony you're giving us today is the truth? Yes. I think some shorter people than you pushed that microphone down.
pick it up to where you can get at it. Just u requesting a varian because uh there was carport put there. We bought the property to move down here cuz I'm a vet that's need the heat from my back. So we moved down here bought it in
February 23. The carport had been there was built there. Um we asked when we bought the property everything's good. Yep. We didn't know there was a law against carports being in front of the house. It's 15 feet off of the property
side from the neighbor side. Uh there's oak trees on both around it. So, um everything else it's it's a hard structure. It's uh hurricane proofed. It's built into the concrete to the
driveway itself uh linking up to our house. And uh this came up because we're doing renovations on the house and everything else went through and now we have a problem with the carport sitting there. So then now
Okay. Your application arises in district one. Um our district 1 representative is is uh not with us today and normally the chair would take over. However, I'm not prepared for this because I don't have a print out of your
application. So, I'm going to defer to one of my colleagues here and uh ask maybe Miss Clemens, could you start the questioning? Um, you're not looking to do anything different with the particular structure. You're just looking to legitimize the carport. Yeah, we just bought it that way. I'd
like for it to stay there because I don't want to go up there and detach it all and Yeah, it's kind of crazy and stupid, but And it's in good condition. And it's not dilapidated or No, it's we got a Okay. We got a beautiful home and pool and everything's done and I have no idea
that we did something incorrect. What made you figure this out? What made us figure this out? We were we're um adding more to the house and when it came up with my construction guys, they said, "Hey, you need a
variant for that carport. otherwise we're going to have to take it all apart, put it out in the front yard and get a variant and then put it back when it's done. I'm like, well, that doesn't make common sense and I've been doing military my whole life and I've seen some really weird stuff before, but that one doesn't make no sense at all. So, we
just said, okay, we had to come down and we have to fill this out and we split on there that several other neighbors in car in Canaval grows and can acres to you guys that almost everybody has a carpenter. We live in the sticks. we're country people. That's how I guess
that's how they did them. So, but um so we just said, "Okay, we have to we have to abide by regulations and that's how that's how we submitted this." Okay. So, that's all we asking. It's third existing. I just wanted to leave it there.
No other questions. Do you say this was there when you um when you bought the property recently? Yes, sir. Okay. We bought in February 23 and it was already on the property built. We actually said, "Oh, that's nice. It's a carport there." So, that was part of our
thing with the realer and and uh when we bought it. So, okay. Dr. B, I think you asked the questions that I wanted to ask and but I will comment that uh in Florida or in this area,
things do change over time. This is not an unusual uh circumstance. So, um I don't have any questions indeed for you. Yep. [Music]
No, I have to procedurally ask the audience. Don't go far. Um is there anyone in the audience who wishes to speak in favor or against this application? Seeing none, uh, any final closing?
All my neighbors are cool. We go on cruises together, so you're not going to hear us from my guys. So, all right. Thank you. All right. Make a motion. Um, yeah. Uh, can we have a motion, please? I make a motion to approve the variance
as depicted on the survey provided by the applicant with a date of 1 19205. I'll second that. Okay. So, we have a motion to approve. Uh second. Um any other discussion? Okay.
No other discussion. Moving moving things right along. In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The special conditions and circumstances exist which are not applicable to other
lands, structures, or buildings in the applicable zoning classification. that the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is
denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. The literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the
provisions of this chapter and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. that the granting of the variance will be in harmony with the general intent
and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those criteria in mind, I will call a vote. All in favor of approving the application say I. I.
Any opposed? The motion passes and the application is approved. Um Mr. Bodie, could we have the next applicant, please? Yes. Item H6, William S. Simons,
requests variance of chapter 62, article 6, Var County Code for a dock in an RU-1-9, zoning classification. Application is 25V 00036 located at tax account number 248868
in district 1. Okay. Uh, could you state your name and address for the record, please? Uh, yes. William Simmons, and I live at 6505 June Drive in Cocoa. Okay. Are you going to speak today? Um, no. I'm with him. I'm the builder. So,
she's the builder of the boat. Any question? Either or. Or I don't mind. I can sit in here just in case. No, no, I don't I don't mind just standing there. It's just if if you're going to speak, I need your name and address for the record and the swearing. Yeah, just in case. Hi, my name is Jaylen Hernandez and I'm sorry that I have told
the truth. Could you both please raise your right hands? Sure. Uh, do you swear the testimony you're giving us today is the truth? Okay. U please proceed. Okay. So, um, I had this dock built. Um,
I was here last December for other variances for the property. So, got approved. Builder came in. Excellent job. Everything's moving along. The base is in. The poles are up. The deck is on. The roof is not. I'm like, "What's going on?" She says,
"We have to speak up. We have to" She says, "We have to wait for the approval of the county to inspect the footprint. Makes no sense. If the footprint's bad, why put a roof on? You got to tear it down." I'm like, "Okay, cool." The VA
County Inspector comes out. I happen to be home that day. He's walking around. He looks Everything's good. I asked him if there any problems. He said, "Nope. Looks good." He leaves. A week or so goes by, the roof people come out, they put the roof on. Now we're waiting. Final inspection.
Jayen calls me. She says, "Buard County saying, "No, it's bad." Bad. No good. Wait a minute. The guy just looked at it. It's bad. They don't know why. There's a there's some kind of miscommunication.
I'm not the smartest guy in the world. I'm not a surveyor, but I work with some people at the space center that are. One of them is a friend of mine. I had him come out. I said, "Look at this thing. Tell me what's wrong." And he goes, "That looks great. What's the problem?" He says, "Where's your document?" So he goes to the dock box. He pulls out the
document. He's looking at it. He goes, "Oh yeah, right here." He says, "They're never going to approve it because your surveyor says the dock's over 16 ft." And I'm like, "Well, why' the first guy inspect it and he never said nothing's wrong?" He said he missed it. I said,
'What do I do?' He said, 'Is that the marker?' And I said, 'Yeah. He goes, "Is that your other property marker?" And I said, 'Yeah.' He said, 'Go to Walmart, buy some kites hot pink. Tie it to that one, tie it to that one, run it across your dock, run your tape measure out, see if it's over 16 ft. Back to that
line. It's right on the nose. 16 ft. Took pictures, give them to her. She submitted them to Bard County. They're like, "We don't care. on this paper, you're five inches over. So, how do I get out? Pay the money,
file for a variance. This is where we are. Okay. Um, your application arises in district um doc, yes, district one. Um, and your representative is not here
today. Um, so again, I was not expecting to sit in this seat, so I didn't print out in the uh the documents, but Dr. Bass, do you have I have it just in case. Oh, yes. You were sworn in. You can
speak. Oh, no, no, no. We we have that. Okay. It it just I didn't print it out for myself. That's okay. Would you like to start? Yes. I only have one comment or in the form of a question and that is your
property is at the terminal point of the uh waterway there and there's no house on the if I'm looking at the picture there's no other house on the right or the left. So you are not blocking anybody else's dock by your f by your
five feet or five inches by your five inches. Uh and that's that is what comes up as a concern. Other people may say if there was a house there are you impeding their view of the waterways by there is nothing there. So it's a
dead end your five in is not going to have any impact on anyone else. Yes. Five feet half a foot. I'm sorry the 25T is not going to five. You said five inches.
I'm sorry. Feet is not going to impact any other person living in this area on this particular waterway. This little Okay, no questions. Pretty straightforward.
Just just a general question. Uh when they they come out and do those inspections, don't they sign off on something in the the the box, the permit box? They they look at the structure of it. The building um inspectors do make sure that's built per
the plans. Uh as far as the plans, we make sure in our code that every single dock has to have an asbuilt survey. That's to make sure that's not over the square footage of the what's required or the projection or the setbacks. And the problem I think with this one was was
that the plan was that was submitted was measured off of the seaw wall whenever we got the asbuilt survey. The seaw wall is at an angle compared to what the property line was which put it out another half a foot.
Thank you. Thank you. Just general comment for the board. We run into this all the time. Uh yes. Yes. I I don't like the seaw wall uh regulations, but anyway. Um
any anything else? Uh I need to do the procedural. Is there anyone in the audience who wishes to speak in favor or against this application? Seeing none, any final final words?
Uh no. Okay. Thank you very much. All right. Thank you. Thank you. Okay. Um, next step is to uh I'm making a motion to approve the variance as depicted on the survey provided by the applicant with a signed date of 420
2025. Okay, we have a motion to approve. Yes. And a um second. Uh any more discussion from the board? No sir. only that six inches is dimminimous and as you said it's in the it's in the
culde-sac of the canal. Well, um, all right. Let me read the, uh, six criteria and then we will vote as I find my paper. Where did my Yeah. Yeah. Thank you.
In order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. the special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. That the special conditions and
circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege as denied by the provisions of this chapter to other lands, buildings or structures in the identical zoning classification.
that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary
and undue hardship on the applicant. That the variance grant is the minimum variance that will make possible the reasonable use of 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. Uh with those criteria in mind, I will call the vote. All in favor say I. I. Any opposed? The motion passes and the application is approved.
Um Mr. Bod, can we have the next applicant, please? Yes, Daniel Owen Mitchell requests two variances of chapter 62 article 6 county code for an accessory structure in an RU-1-9 zoning classification variance
application 25V 00037 located at tax account number 2727811 in district 5. Okay. Um, could you state your name and address for the record, please?
Yes. Daniel Mitchell microphone. Yeah. Pull it to you. Daniel Mitchell, 230 Avenue to Central, Indantic. Okay. Um, will we swear you in? Do you swear to tell the truth to us today? Yes, sir. Okay.
Um, please. Now, actually, you're go ahead and make a presentation. Sure. Appreciate you guys taking my application. I am requesting two variances today to allow me to place a utility shed on my property. Um, the way
my property is laid out with the pre-existing pool creating a limited yard space um that isn't practical location um in the current u zoning requirements. Uh the shed would give me a secure place to keep my lawn equipment
and bikes and gardening tools. And I've made sure to talk to my neighbors and ensure that they're all satisfied um uh with my plans um and just requesting an opportunity to
proceed with my plans. Okay. Your uh application arises in district 5, which happens to be uh my district. I did drive by your property and got the general layout. I can see from the survey that um you're on Aanita
Abid Central, right? Yes, sir. Okay. I got the right survey. Um I can see it's back in the corner there. Have you got any uh uh letters, emails, anything from your neighbors saying they do or do not object?
I don't I didn't think to do that. Okay. Take your word for it. Yeah. Have you talked to him about it? I have. Okay. And and what's what's the amount of the the variance? I think it's 3%. You're asking for%
deviation. 3 ft. 3 ft from both the side and and rear. Yes, sir. Okay. He's looking for a three-foot setback. So, he's looking for a 4.5 foot variance on each side.
And that is there a fence around that corner? Yes, there's fences on all sides. How how uh how tall is the fence in comparison to the eaves of the shed? Um is the shed wall taller than the fence?
It will be a little bit taller. Okay. Not much, maybe two feet. So, they'll see mostly the roof line. Correct. Okay. All right. That's all I had. Um any questions from the other board members? No, no questions.
Okay. Does anybody want to speak in favor or against this application? We're we're thinning out here. So, apparently not. Um any anything else? No. Okay. Have a seat.
Okay. All right. Um this this uh application arises in uh district five which is my district but I cannot make a motion as the chairman today. So would one of my colleagues
like to make a motion? I make a motion approved to approve the variance as requested on depicted on the survey provided by the applicant signed 692025. I'll second that. Okay. We have a motion to approve and a
uh second. Is there any board discussion? No. Okay. Then get that shed. Move this right along. In order to authorize any variance, the board of zoning adjustment must find all of the
following factors to exist. That special conditions and circumstances exist which are not applicable to other 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 at other lands, buildings, or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter will deprive the applicant of rights commonly enjoyed
by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure. The
granting of the variance will be in harmony with the general intent and purpose of this chapter which shall uh and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With those criteria in mind, I
will call the vote. All in favor say I. I. Any opposed? The motion passes and the application is approved. Mr. Bod, could we have the uh next applicant, please? Yes. Item H8,
Langford Harrison and Jessica Francis Coington request variance of chapter 62, article 6, Bvoulevard County Code for an accessory structure in an RU-1-11 zoning classification. Variance application 25V10000
38 located at tax count number 268866 in district 4. Okay. State your name and address for the record, please. Langford Covington, um 408 Bridgetown Court, Satellite Beach, Florida, 32937. You're very tall, so I don't know if
that's as tall as that. Do you swear to tell the truth to us today? I do. Okay. Uh please. So, um currently the way that my house was built back in, I believe, 1963, it's very far towards the back of the uh the
rear property line. um kind of preventing us from having any improvements to the property in the back. And um we're proposing to put a roof structure within 5 ft of the back
of the home in order to um kind of give us a little bit of relief from the sun. I'll look at that now. Sorry. Um it's not going to be impeding on any of the side setbacks or the rear setbacks. It's literally just to build
it within 5 ft of my existing home. Uh, additionally, it we'll be going over um pre-existing impervious structure. So, there'll be no um issues as far as increasing, you know, the impervious
uh area to the property. Your uh applica Yeah, your application arises in district 4. Dr. address. Uh I went to the property and did a walkound evaluation.
Uh as stated in the paperwork, the accessory roof structure will provide shade over the existing patio. The design does not extend past the existing patio area. The roof support structure
will be set on the existing patio. It does not extend into the yard area. So there's no permutation on on any easements that are being affected other than what's already existing. Therefore, there will be no land
infringement to the adjoining neighbors. The roof will not impede neighbor views of the waterway in either direction or impede boat traffic on the canal way. I do have a question for the attorney
though, please. Uh on uh page 79 in, uh the letter from Mr. Bod's office, the description here says this request represents the applicant's request to construct
accessory structure, but in parentheses it says pergola on the rear of the home. And this is not a pergola and that is not what the drawing says. The drawing says that it is a proposed proposed roof pavilion. Is that that's not going to make any
difference? Is it when we approve this? No. Th this is just for y'all staff comments. This isn't how it was advertised as a pole. It was That's what I wanted to find out. I didn't want him to call the construction company and then say, "Well, you're not building a pota." All right. I have no
further questions. Okay. Thank you. Um, Miss Collins, no questions. Okay. Um, again, um, ask the people. Do you wish to speak in favor or against this application?
Okay. Um, it's getting late in the day and we're getting a little punchy. Um, any last words? Um, no. Just thank you for your consideration. Okay. Thank you. Uh, Dr. Basis rises in your district.
I make a motion to approve the variance as depicted on the survey provided by the applicant with the signed date of 73 2025. Okay. Second. I second. All right. We have a motion to approve
and a second. Um do we have any additional instru uh discussion? No, sir. All right. With that in mind, in order to authorize any variance, the board of zoning adjustment must find all of the following factors to exist. The
special conditions and circumstances exist which are not applicable to other lands, structures, or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. that granting the variance
requested will not confer on the applicant a special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Uh I will now call the vote. All in favor say I.
I. Any opposed? The motion passes and the application is approved. Seeing uh no more business before the board, I declare the uh meeting of the board county board of uh zoning
adjustment uh of August 20th, 2025 adjourned. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or
the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such
period. [Music] [Music] Hello. Happy [Music]
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