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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. I was excited to see out of town. I now call this meeting of the Bavar County Board of Zoning Adjustment for Wednesday, May 21st, 2025 to order. Will Mr. Bod from the Planning Development Office please describe the
function and operation of the board of zoning adjustment to our applicants and to the audience, please? Yes, Mr. Chairman. 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 boulevard county code. The board of adjustment is empowered to hear requests for variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9. Pursuant to Florida rules of appellet procedure, any person or persons jointly
or severally agreed agrieved by any decision, the board of of adjustment may 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 three
items on your agenda today. Thank you, Mr. Bod. Will our vice chair, Mr. Hberg, please explain to the applicants and audience the statutory definition of a hardship. 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 a reasonable return under the existing land development regulations. The applicant must answer a variance hardship worksheet with six questions.
The board of adjustments will discuss these questions today with each applicant who has requested a variance. Thank you, vice chair. I would like to address our board members, the applicants and our audience about the procedures that would be followed during these
procedures. The b the board of zoning adjustment will utilize Robert rules of order to conduct it proceed proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicant have completed their presentation, we will
begin board questioning with the board members who represents the applicant's district. When concluded, questioning is open to the full board. The chair will recognize each board member in turn. Once all board members have completed their questioning, we will then open the
floor to the audience who may be here to speak concerning the applicant's application. Anyone from the audience wishing to speak will be given the opportunity to address the board only once. At the conclusion of public comment, the applicant will be given additional time for rebuttal as well to
present their final comments. Once completed, no further comment will be heard from the applicant or the public. The action then moves to the board for discussion and action. We will not use a timer for this meeting. Instead, we're asking each speaker to be concise in
what they have to say. It's important that you stay on the subject and avoid information that's 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 a dress card. Please fill it out and
return to the clerk. Are there any questions regarding these procedures from the board members? Are there any questions regarding these procedures from the applicants? And are are there any questions regarding these procedures from the audience? Seeing
none, we will move on to our next order of business. Our next order of business is to approve the minutes of our previous meeting last month. I make a motion that we accept the meeting minutes as uh as distributed.
I'll second. There's been a motion to make a a meeting to approve our meetings by Mr. Hoffman and a second by Mr. Humber. All in favor? I I. Any oppose? Minutes are approved. We now move into the
consideration of the variance applications. Mr. Bod, may we have the first applicant that's requesting the variance, please? Yes. Item H1, Sunny and Surf LLC request variance for the principal structure and an accessory structure shed in an
RU-2-15 zoning classification. application is 25V 000012 located at tax account number 2520285 in district 2. Will the applicant please step forward
to the podium here? Okay. Good afternoon. Good afternoon. Please state your name and address for the record. Uh Mark Andre Lalon, 4315 Dixieway Mims. Thank you. raising your right hand, do you swear and affirm that the evidence you're
about to give to this board of adjustment is the truth? Yes. Thank you. Please speak directly into the mic. Um, try to keep it uh concise. Essentially, we um are asking for variance to essentially accomplish two
things. Um, first is to keep the existing dwelling of the 1950s. Um, our current zoning allows us to essentially build up to five residential unit with the RU215 and we don't want to do that. We do want to have the option to add a
second building. Hence the reason why for this variance it would allow us to separate the lot 23 um and having the ability to do so helps tremendously with financing for a a secondary dwelling.
And what also the variance does is able to keep the existing 1950 structure intact um with our current resident in it. And that essentially would allow us this variance will allow us to do those two things. Okay. Thank you. Do you have
anything you would like to say? No, thank you. No, thank you. Okay. Thank you. I see this is from district two, Miss Clemings. I know. I see what they're requesting. I don't have any specific questions.
Um, I don't have any specific questions right now. Okay. Any other board members have any questions for this applicant? Mr. Hoffman, I'm sorry. Y
the variance is for limiting the uh site set back. Is that it? There's essentially two variants. Correct. I'm not sure if I'm supposed to speak or explain. Okay. Yes. There's um currently there's two variants because
um one let's talk about the woodshed in the back was built 40 50 years ago is close to the property line. So obviously that becomes a zoning issue. Hence the reason why the variance and the second one I'm not sure if you have the survey in front of you guys but okay um it is
correct. It's the existing building that property line that you see it is at 3.9 ft and technically needs to be at 10 feet in order to to meet the current zoning setbacks. Um so essentially this is what I'm asking without moving the
building by keeping the existing uh the building intact. So how does lot number 23 um come into play here? Correct. So lot 23 become a um essentially this this whole properties consisted of three
non-conforming lots. So lot 23 become its own parcel ID becomes a single family lot non-conforming and allows us per this zoning allows us to build a single family dwelling with obviously the current setbacks of today.
Okay. So you're you're going to stay within the setbacks of on lot 23. It's just that your existing correct is close to the property line. Are these going to be single? Uh are they going to be the same owner? Is the lot are the lots being consolidated into one parcel? No.
So right now it is one parcel. Now it is one parcel. Correct. This is all one parcel. What I'm trying to do is create a second parcel with lot 23 which you'll either sell off or use. No, we no separate. We would like to build on it and that's the reason why. Um Okay. and we just want to keep the 1950s intact
because technically we can build three single family homes on this property. We can build up to five town homes. We don't want to do this. We just want to build a second one by keeping the 1950s intact. Okay. Okay. Thank you. Okay, Mr. Humber. I just have one question. Are
you planning to ask for any kind of uh uh change from RU to anything else? No, no, no, no. the zoning as we're not touching or asking any variance and actually to answer a little bit more your question is on lot 23 I have to stay within the setback of a
non-conforming lot so it's going to be we already discussed this in the past it's 35 you know feet on either side um this the current setbacks essentially okay [Music] all right um if you don't mind just step
to the side I'm going to check with the audience Is there anyone in the audience who would like to speak in favor or opposition to this variance? Seeing none, is there a motion to approve?
I motion to approve the variance. I just need to do one. Right. The are there two variants request? There's two variants. There's two variants. Oh, please. I'll read it. Yes. You need to state approve for both
variances. I motion to approve the request for variances. As depicted on the survey as depicted on the survey. I'm trying to find it. Sorry. 8:304. 8:30 24. Where am I? Good job.
Okay. Do we have a second? I'll second. So will bill. So Miss Clemens made a motion to approve the variance. We have a second by Mr. Humber. Mr. Hoffman, how do you vote?
Any discussion? Any discussion? No. Seeing none, Mr. We call the vote now. I vote I. And I we got another. I apologize. He can't vote. He can't vote. No, I mean I
see that this a variance have been approved. I will now read the six points. In order to authorize any variance, we have to find all of the following factors to exist. That special conditions and circumstances exist which are not applicable to others. that the
special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in 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 injurous to the area involved or otherwise
defumental to the public welfare. This variance have been approved. Well, thank you so much for your time. We appreciate it. You're welcome, Madam Chair. Just for the record, um since we have five people sitting up there, the vote was I'm sorry. Just for the record, uh since we
have five people sitting up there, but the vote was 4. Correct. That is correct. The vote is 40. Correct. Thank you. Thank you. Thank you for your time. You're welcome. Mr. Bodie, may we have our next applicant, please?
Yes. Item H2, Alan B. Angie Angie, and Barbara C. Angie request two variances. Chapter 62, Article 6, Boulevard County Code for a principal structure in a swimming pool in
RU-1-11, zoning classification application is 25V000014 located at tax account number 268503 in district 4. Can applicant come to the podium, please?
Hello, my name is Alan Angie and uh the reason for my variance request is uh Hurricane Milton uh tore off a portion of my carport roof. Okay, sir. Before you go any further, I would like to swear you in, please. Oh, I'm sorry.
You're raising your right hand. Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? Yes, please present your case. As I said before, the reason for my uh request is the variance that I found was
needed. It was after I had to have the uh survey done redone on my property. My house was built in 1957 that I've lifted it since then. And um uh Hurricane Milton on the 10th of October destroyed
about half of the just it's just a roof. It's not a permanent structure on my carport and that's what I'm hoping to have variance for. I found out that the variance
actually there are two variances needed. One is for the deck part of my swimming pool. It's uh too close to the fence line for one thing. And the deck, the slab, the concrete slab part of the
carport that it stands on is also too close to the fence line. And those are the two variances I need. But my initial request was just to have the carport roof repaired. It had nothing to do with the swimming pool. that it's on the
opposite side of the house. It wasn't damaged at all in any way and that's the reason for my request. Okay. Thank you. Well, I see this is in district four four and Dr. Bass is not
into today. So, I just want to um start off the question if you don't mind. I just want to be very clear. Okay. Um, so what I hear you saying to me is that the first request you want to replace the carport structure. Correct. The roof. It's only the roof. That's all we're
talking about. But that's all there is is the roof and a support for it and the support for it. And the second request is to legitimize your existing swimming pool cuz you're saying it's too close to the fence line. Just the deck the deck part of the you know the deck part of
the swimming pool. No, that's not true. It's for the swimming pool structure itself. The swimming pool structure does not meet the side street setback. It's supposed to be five feet more than the 15 foot for the side street setback. It's not for the deck. We don't regulate
the deck at all. Okay. So, that's to legitimize existing swimming pool. Correct. That's correct. The swimming pool he said has been there since about 69 or so. Okay. And you stated that this was built in the 60s and the 70s. Correct. 60s and early 70s. Yes. Both
the carport and the pool were built during that okay period of time. So that first request equates to 53% deviation what the code allows and the second request equates to 77% deviation. Okay. I have no other
questions. Mr. Hoffman, any questions? Um not so much a question as a comment. says here that you're a World War II veteran. I'm sorry, I didn't. It says here that you're a World War II veteran. Yes. Thank you for your service. Thank
you. And we're all sitting here in a democracy because of what you did. Thank you. Mr. Humber, any questions or comments? I just want I'd like to commend you guys for this attachment B worksheet. This is
very good. You did a good job. My daughter prepared that. I have to thank her for that. Don't tell me that. You're supposed to say you did it. Good job. Okay, Miss Clemens. No questions. What was that? I said no questions.
Okay. Okay. I can't make a motion. Anybody would like to make a motion. Oh, is you can chairman. Okay. But first, before we do that, is there anyone in the audience? I'm just gonna ask you to step one aside one moment and I'm gonna say is there anyone in the audience who would like to speak in favor or
opposition to this variance? Seeing none, you like to make a motion to approve? Um I make a mo I make a motion that we approve this uh variance application as depicted on the survey.
Somebody's going to have to help me with their 224 224. Okay. The survey dated 22425. Um, I think that's it. We have a motion by Mr. Bill Hoffman. Do we have a
second? Second. We have a second by Miss Clemens. Now, we would like to take a vote with all board members. Discussion. Any discussion? Go ahead and read the I would read the six points. that special conditions and
circumstances exist which are not applicable to others. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter
to other lands, buildings or structures in identical zoning classification. that literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of
this chapter and constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this
chapter and that such use variance will not be injurous to the area involved or otherwise detrimental to the public welfare. We have a motion to approve a second. Call vote. We have a call a
vote. All in favor say I. I. I nay. This variance have passed four to zero. Thank you so much. If you don't mind before you leave, could I shake your hand? One veteran to
another World War II. This came to you. Oh, he's coming to you. 97. Thank you. You're certainly welcome. No, no relation. My my in-laws family is from Pennsylvania area. So, and then
California. Thank you again. Thank you very much. You're welcome. So, my father-in-law. Yes. I can I can You're welcome. Thank you for your service, too, Steve. Mr. Bodic, may we have the next
applicant, please? Yes. Item H3, Aaron L. Chorus and Matthew W. Chorus. Request variance of chapter 62, Article 6, Bvard County Code for an accessory structure in an EU zoning classification. Application is
25B 00015 located at tax account number 2511 208 in district 2. May the applicant come forward, please. District.
Good afternoon. Hi. Can we have your name for the record, please? Matthew Chorus. And you raise your right hand. Do you swear and affirm that the evidence you're about to give the board of adjustment is the truth? I do. Thank you. You can present your case. Uh my
wife and I are asking for 411 square ft over the secondary structure requirement um on a uh property in Bvard County. We are attempting to build a um garage um
that will house our um RV and boat. The property that we're building on uh is a property that we bought in 2018 and it was sectioned off over the years from the owners before it. They had owned it since the 30s and it's a very peculiar
lot. It's a T-shaped lot um where really it's supposed to be two separate lots, but it was sold as as one single lot um with some zoning problems from the very beginning. and it has entry uh from one street and exit from another street
which is what we're we're trying to use. So we're trying to build a secondary garage so we have access to leave uh on the side street Macgyver um because it's very difficult to get an RV or a boat trailer around the corner. Um and the
size the 411 ft comes from the length of the boat and the length of the RV. Okay. I see this is in district two. Miss Clemens, you'd like to start off the questioning? Um, where on the T-shaped lot is the structure going? It
is going in the west south corner. Okay. And then where would the access to the you said auxiliary road where would that Yeah. So that's MacGyver. So the property has entry through uh 2087 Rocklage Drive and then it has exit
through MacGyver Lane. Um, so the primary structure, our house is 2087 Rocklage Drive and then the secondary structure is actually going to be on um, MacGyver. So, and you said the southwest side, southwest side. Yeah.
Um, I don't have any questions. Yeah, I see it. Okay. The building there in the red. Oh, this is Rocklet. He wants it here. No, he wants it right there. Access my driver. There's this house over here as the building proposed. It's
proposed. Okay. Do you have any more questions, Miss Clemens? Um, and you you said two is it a twotory structure or no, it's just it's a one-story structure, but it's tall. Okay. Because of the for RV. Yeah. Um, and what was the square footage on it?
Um, just over 400. Well, it's 411 ft over the uh requirement. Yeah, the requirement we're asking to build 2560 and our allowed is 213950. Yeah, I see it now. Um I'm assuming
power, water. Yes, ma'am. Um any apartment living? No. No apartment. And the power and water is actually right there on the corner and that's what feeds our other house as well. Any plumbing? No plumbing. Okay. No other questions? Okay, Mr. Hoffman.
Yeah, I'm just a little bit confused because I'm looking at the survey and I'm looking at the aerial photograph. The aerial photograph shows that your structure, your existing house is in the the uh whatever you call it, straight
part of the TV. Yeah, the the T. Yeah, exactly. And then on the survey, it's showing is this the the new construction? So, there's a little pool pump house. Is Is that maybe what's confusing? Right behind the pool. Right behind. Is there a way to
I don't mind sharing mine if you want to look. Sure. Do Do you want me to step out? Just so this one and the aerial. Well, pull up the aerial photo. Turn it over. Uh the other
way. One more. One more. Yes. Okay. So see how the the house is sitting on the tea part and then if you look at the survey it's showing a structure on the that's the proposed of the road is that the proposed proposed structure. Okay.
So that they left that out and then that's the proposed structure survey. Okay. It's not the way we usually see the surveys. That's fine. Just clarify. Um okay. Now are is this new structure
meeting regulatory setbacks? Yes. The way it is now. Okay. Very good. Thank you. Thank you. Okay. Any questions, Mr. Humber? No. Okay. Bill will ask my question. Okay. Now, I'm going to just ask you to
step aside. I'm going to see is there anyone in the audience that like to speak in favor or opposition to this variance? Seeing none, you may come back. Good job. It's close. So now this is any concluding comments for myself. Yes.
Um I don't see no officer. Thank you. Thank you. Yeah. Okay. I don't see a date on the survey. Hold on. 4124. Do we have a motion? I make a motion to approve the variance request as depicted on the survey 4125.
We have a motion by Miss Clemings to approve. Do we have a second? I'll second. We have a second by Mr. Humber. I will read this. Any discussion? Seeing none, I will read out six.
I'm sorry. Thanks. Thank you. Wait a minute. Wait, where you going? What? He told us to say Oh, wait. Let me just say this. Okay. Yes. Thank you. So, I'm going to read. In order to authorize any variance, the
board of zoning must find all the following factors to exist. That special conditions and circumstances exist which are not applicable to others. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on an applicant any special privilege that is
denied by the provisions of this chapter to other lands, buildings or structures in identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of
this chapter and constitute unnecessary and undue hardship on the applicant. that the variance granted is the minimum variance that would make possible the reasonable use of the land, building or structure. That the granting of variance would be in harmony with the general intent and purpose of this chapter and
that such use variance would not be injurous to the area involved or otherwise defumental to the public welfare. We have a motion to approve. I'd like to address the board before we go ahead and approve this. Whenever we looked at the survey just right now, it
does not meet on the survey that was provided for the for the variance. It does not meet the 10- foot setback. On the one side, it says 8.9. However, on their survey they provided for their building permit, it does meet the 10 ft.
So, it needs to be stated not as depicted on the survey, but as depicted on their request for the uh square footage over it. Okay. So, if you could do that. So, can we change it right now, Miss Cummings?
Just need to clarify the motion. Yes. Okay. I make a motion to approve the variance requested as depicted. As requested as requested by the applicant on by the applicant
and a second second. Now we'll have a vote. All in favor say I. I. I. The variance have just been passed by four to zero. Your variance have passed. Thank you. Thank you.
Mr. Bod, that's the end of our um sign every day. No var no more variance. Correct. This none today meeting is adjourned. You did really well with that. 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] Hey, hey, hey. [Music]
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