Hey. Hey. Hey. Heat. Heat. Heat. feel me? Heat. Hey, Heat. Hey. Hey. Hey. Hey everyone. 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. Okay, everybody ready? I now call this meeting of the Bvard County Board of Zoning and Adjustment for what's today? The 5ifth 16th 15th
>> 14th 14th of January, 2026 to order. Uh introductions. We are the board today. Any staff members court order? Hang on.
>> To our applicants and the audience. >> 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 boulevard county code. The board of adjustment is empowered to hear requests for variances to the zoning
regulation and assigned regulation in chapter 62 article 6 and article 9. Pursuant to the Florida rules of appellet procedure, any person or persons jointly or severally agreved by any decision of the board of adjustment may within 30 days after the date the
order is signed apply to a court of competent jurisdiction for appropriate relief. Mr. Chairman, you have nine items on your agenda today. >> Thank you, Mr. Bod. Appreciate it. Um, since we don't have a vice chair today, Mr. Hoffman, would you care to read the
undue hardship to the audience? Very good. Definition of an undue uh hardship. A variance may be granted when it is not 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 no reasonable use of the subject
property under existing development regulations. Personal medical reasons will not be considered as grounds for establishing an 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 hardship worksheet uh with six questions. The board of
adjustments will discuss these questions today with each applicant who has requested a variance. That's it. >> Okay, that's it. Huh. You do number three. >> Yeah. Okay, these are our board procedures.
We're now going to address the board members, applicants, and the audience regarding the board procedures for today's hearings. The board of zoning adjustment as a quasi judicial board with members appointed by the Bvard County Board of Commissioners will
utilize Robert's rules of order to conduct its proceedings. The chair is asking all board members not to ask questions while the applicants are making their presentations. Once the applicants have completed their presentations, we will begin board
questioning with the board member who represents the applicant's respective 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, whether you're against or for. Anyone from the audience wishing to speak will be given the opportunity to address the board only once at the podium. At the conclusion of the public
comment, the applicant will be given additional time for rebuttal as well to present their final comments. As I said in the beginning, please make your sentences short, concise, to the point. We have a lot of people, but we will
address things in a good good way. If it's if it takes a little longer, it's no problem. 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 are asking each speaker to be concise in what they have to say. It is important that you stay on the subject and avoid information that is not relevant. All persons speaking must provide the name and address for the
public record. Those wishing not to verbally state their address may ask the clerk at the podium for an address card. Please fill it out and return it to the clerk. Yeah. Where is it? >> Our next order of business is to approve
the minutes of the previous meeting from last month. Are there any corrections or additions? >> Motion to approve. >> None. >> None. Is there a motion to approve? >> Motion to approve. >> Is there a second? >> Second. >> Second. All in favor?
>> I. >> I. No opposed. Minutes are approved. We now move into the consideration of the variance applications. Mr. Bodie, may we have the first applicant that is requesting a variance?
Yes. Item H1, Raj Roth, Kumar Mluga, and Sudipa Carnetti represented by Steve Monroe. request two variants of chapter 62 article 6 Boulevard County Code for a principal
structure in the lot depth in a BU-1 A zoning classification is located at tax account number 2727 306 in district 5. the applicant come forward.
>> Before we proceed with the first one as chairman, I have a a suggestion and uh uh will will be for everybody possibly since the first one u seems to be more complicated than the rest of them. Could we move it to the end? Would it be
beneficial to everybody here? >> No, I think that it needs to be heard in order myself. >> Okay, that's good. Good enough. >> Please step forward, sir. Please state your name and address for the record. >> Good afternoon. My name is Steve Monroe.
I'm the president of Monroe Engineering. I'm the engineer of record for this project. I reside at 3080 Brandy Wine Lane, Melbourne, Florida. >> Okay. Raise your right hand. Do you swear and affirm that the evidence you're about to give to this board of adjustment is true? >> I do. >> Thank you.
>> Thank you. speak in their microphone and it's all yours. >> I'll try to be as brief and precise as I can. U the applicant is requesting approval of two variances. The variance number one is to allow a 27.06 ft setback variance to the required 50
foot. Uh this may seem extreme, but the property already has a 25- ft approved variance that's in place. The applicant is really only asking for 2.06 ft. In addition to that, variance number two is to allow a 0.58 ft 7in variance for the
required 75- ft lot depth. This is a result of the parcel being platted in 1961 prior to the BU1A zoning code being codified in 1979. Since the parcel does not meet minimum lot width 75 feet, it's considered
non-conforming. Let me see if I can explain the variances request in a simpler uh manner. Uh Mr. Chairman, if possible, we could have each of these considered individually provided the board may decide not to approve one or the other or both. Um it's essential variance
number two without approval of that that the the property couldn't be developed because it's non-conforming. Location. The project is located at the southwest corner of A1A and Terara Shores Drive in Indie Atlantic. It's about 1.3 miles north of 192 on the be on the west side of the road. To the
north is Banana River Dentl, uh Dr. Collins office. The south is Beach Masonic Lodge and to the east are several high-rise condos. So, it is a commercial corridor. The project, the site is uh zone BU1.
The applicant is proposing uh one two-story building with a firstf floor real estate office and a second floor resort dwelling that would include, you know, two units with one bedroom each. Um I recognize we're not here to discuss uses today. Um but both of these
proposed uses are in the approved um under the BU1A zoning classifications. The site plan you've been provided is the best layout we could come up with that would require the smallest variance possible.
Um the site will enter into uh enter and exit off of A1A and not off of Cher Terrace Shores Drive. Um and this was agreed upon by DOT variance one. This reduces the front setback. Uh this this parcel is a
regular shape much like a slice of pizza. is long and skinny, so to say. The plat for this parcel was approved by the board of county commissioners in 1961. The parcel is zone BU1A. BU1A created in 1979 requires a 50ft front setback along
A1A and a 25 ft rear setback. These setbacks make the lot virtually undevelopable. There's only 32 ft left um at the widest end of the piece of slice, so to say. In 1982, the board of adjustments recognized that the parcel could not be developed without
variances. They approved two variances for this site. The front 25 foot variance to the front 50ft uh setback and a rear variance a 25 foot var excuse me a 25 ft variance to the rear required
25 ft setback which basically made it a zero lot line setback in the rear. These variances are in place today. In 2006, BVAR County created two new landscape buffers. Specifically, the new type A buffer requires a 25 foot green
space adjacent to residential, prohibits parking and structures. Due to adverse site conditions, a parcel qualifies for a waiver and would be required to provide a minimum of 13.2 foot setback. This requires the project
to be shifted east toward A1A. Essentially the rear 25 foot zero setback was revoked and now review required to provide 13.2 foot setback. This is a hardship that wasn't created by the applicant. This is variance number one. The
applicant is requesting an additional 2.06 ft to the existing 25 ft front setback variance. Formally requesting 27.06 foot variance to the required 50 foot variance number two. This has to do with
the required lot with again the uh plat for this parcel part of the terrace shores uh subdivision was approved by the board of county commissioners in 1961. The parcel zone BU1A a zoning district created Bvard County in 1979.
Today the current code in BU1A requires a minimum lot width of 75 ft. So this parcel has a lot width of 74.42 as we are instructed to measure it. This is due to the code created after the parcel was platted. So thus it's a
non-conforming lot. This again is a hardship not created by the applicant. This is variance number two requesting a 0.5 ft variance to the required 75 ft lot width due to the hardship created by the BU1A code
agencies. We've uh met with Bard County in a pre-application conference on August the 28th 25, you know, with all the departments. We've met with DOT. They've seen the plan that we provide and then city of Melbourne of course are providing utilities and what we provide
to them said it looked good. In closing the applicant two variances variance one a 27.0 foot variance one is allowed a 27.06 ft setback variance to the required 50ft
setback. This is 2.06T additional to the existing 25 ft variance in place. and variance number two 0.5 feet variance with a required 75 foot lot depth. This is due to the code that is uh considered non-conforming lot
and it's my understanding it's important that this variance be approved for the lot to be developed. So in closing Mr. Chairman again if we could consider the board could consider each of these requests individually provide one or the other may not pass I'd appreciate it. Happy to answer any questions.
>> Sign on for a second here. Uh that's in uh your application is in five. All right, Mr. Hoffman, >> you have the floor. >> Um very good presentation. >> Thank you.
>> I just want to clarify in layman's terms. So the distance between the road and the building that is it it was already decreased to a certain amount. You're asking for a small additional
>> That's correct. >> And how much is that additional? >> Another 2.06 ft. >> Okay. Okay. And you say you did meet with DOT and they were I'm they were okay with that being out. >> Yeah. in what they consider the clear
zone and and all of that. >> This was a a very challenging lot due to the geometry. Um it's long and skinny. We're very narrow at the north end and wider at the south end. The north end, you know, there was no way to really work with anything. So, we're not proposing any uh access on the terrace
shores at all. Um but to answer your question, yes, we did meet with DOT and they were good with our entrance. Uh there is a crosswalk there. they were good with what we had shown, you know, in contrast to that that crosswalk as well is not interfering with that either. So >> So your driveway has a proper distance
from the intersection for tot's purposes. >> That's correct. And we also align with the driveway across the road from us. >> Um Okay. I notice that the building is very close to the Masonic Lodge on the south.
At least according to this map, your your property is next to the Masonic Lodge, right? >> That's correct. Yes. >> Yeah. And there Now, is there a I know that it's I was out there and looked. I know that it's all uh shrub out right
now. Is there a fence between Masonic Lodge and this property? >> I'm not aware of a fence that's there. >> Are you proposing a fence >> at this point? No. >> Okay. Yeah. Again, that's another uh commercial lot. You we're a budding commercial. Um I think we've got a 5ft
setback that's on the the south property line and um you we're going to of course meet that. >> It's quite close. And there's the the uh I guess it's a utility easement in next to the property line. >> That's correct. >> Okay. Yeah.
>> Moving around now to the west and this is where there you had mentioned in your presentation a dentist office. Yes. >> Is that across >> to the north to the north side of Terara Shores Boulevard. >> So it's out it's beyond the the road.
>> Yeah. It's on our same side of the road but across Terish Bar. >> Okay. It's not a butting. >> No, just this propert. >> Okay. So, let's talk about the backside. Are these these are residences on the west side? Correct.
>> That's correct. >> Is there a fence there? >> There's an existing wall that's there and that's would be a code requirement if it wasn't there, but there's an existing wall there. >> How tall is the wall? >> Should be six foot. >> Six foot. Okay. Um, and then you're going to have a
buffer green space between that wall and the parking and and >> that's correct. That's one of the new buffers in 2006 that the county enacted. So, we'll be required to meet those buffer requirements. >> Um, and provide all the the trees, the
shrubs, and the ground cover required by that code. So, >> okay. >> Yeah, that's that's not an option. >> And the north side, it just ab butts up to the roadway then. >> Yeah, that ab butts uh terrace. Now the type B buffer is what AB butts road. So we'll have a 15t green space on the
north and on the east that we'll have to provide that uh landscape in that requirement there as well. So >> okay um okay thank you >> back to you
questions. So my questions are you said that the um entrance into the parcel >> is identical to the east side of A1A, >> right? The same orientation on the lot
>> alignment. It lines up with the driveway for the condo on the east side >> on the other side. So >> it's a it's a good good traffic design to align them >> just north of the crosswalk. >> Correct. And then the par or the um
building that you want to build is going to orient to face east. Correct. >> It's actually going to be facing to the north uh into the parking lot area. That'll be facing north. >> Okay. And it'll be retail residential you said on the bottom and then
residential two ones on the top. Are those planning to be short-term or long-term? >> Those would be resort dwelling. So those would be, you know, again, those are are allowed under the current code, you know, code there. >> Okay. >> First floor res, uh, first floor real estate offices, >> um, second floor resort dwelling. And
keep in mind, there's going to be one bedroom, so there's not going to be, you know, the intent is not to have big crowds of folks, you know, coming and going. A one-bedroom unit, you would expect it to be, you know, a couple, maybe a small family. >> Okay. And then the number of parking spaces,
>> the parking spaces are dictated by the uh the building square footage or vice versa. So what we've got provided here is the most that we could provide on the site and it meets the code requirement. >> And what's that amount? >> Um believe it's 12 parking spaces what it
comes up and that includes for the resort dwelling as well. >> Okay. >> And then can you give me the uh square footage of the building to include the upstairs? >> Yeah, I sure can. Forgive me. My eyes aren't wanting to work here. >> On the plan, you have it listed as the
first and second floor is 2,448 square ft. Total is 4,896. >> Thank you, Mr. Voting. That's correct. Yeah. >> My eyes eyes aren't working wanting to work. >> Was that in there and I missed it or is it >> What was that? Can you speak into that? Is that was that in there and I missed
it or >> Yes, it's in there with the site plan that he put provided >> right in the footprint. It's okay on my >> cop inside the building is where it's located. >> Gotcha. Thank you. >> I think that completes my questions. Thank you. >> Thank you.
>> I have a couple questions. Um, >> could you tell me h have you had any meeting with the uh housing development behind you with the people there in the building that's going to go up? >> No sir, we haven't. Honestly, it's been the last few days that we've actually
received copies of the letters uh that have come into the the county. >> Um, >> could could you give me uh just a couple sentences in your own word? you understand that these variances are based on uh hardships and things of that nature. Just in your own words, um you
know, you can read this all day long, but I'd rather hear it from you. Just a a couple sentences or four sentences, whatever you feel comfortable with exactly what the hardship would be if you did not get this variance. >> The uh the hardship here was would be
that uh variances were approved by the board of adjustments in uh years ago uh with a new code that came in. and it basically revoked that rear uh rear setback uh variance which isn't it's a hardship. It wasn't anything due to our client.
>> So you're trying to legitimize that. Correct. >> Yeah. So we had a zero foot setback and now we've got to move everything at least 13.2 ft away from that west property line. So that was a uh due to the code, you know, coming into to play
and it wasn't anything that the landowner applicant did to you create that situation. So that would be variance one. And variance two is a as again as a code uh being nonconforming. You know, we're was a 58 short of the 75
ft. So we're talking 7 in for again, it was platted before the code come into being. Um so again, it was something that was there that wasn't created by the applicant. It's a hardship. So that has to be approved before they're able to go ahead and develop on the site. Did
you have an architect do this up or? >> No, this plan was created by myself as engineer record. >> And do you have a plan created? Uh if you don't get the variances, do you have a plan for that? >> We'll have to to research our options. >> But you don't have one currently, correct? >> Yes, sir.
>> Okay. >> I don't have any other questions. You >> I have another question. >> No, please have a seat. Just >> I have another question. Sorry. I just want to confirm that the entrance to the um upstairs residential spaces is on the
east side of the property. Is that correct? Yes. Is that the only access so there would be no up and down on the side that affects the neighborhood? >> The the short answer is yes. We went through many iterations on laying this project out and we come up with many
required variances that we would need and one of the best options that worked was have and you see the stairway on the site plan having that interest on the east side of the building and it further provides privacy in the back. So >> and there's no balcony or anything like that.
>> Okay. And then my second question is for you Paul. >> Okay. Do we have is there anything about that previously approved variance that we have to take into consideration? >> No, you can't get a variance to a variance. So, they were approved in 1982
for two variances. One was to the 50 foot front setback of 25 ft. So, they could build right up to the 25 foot right today. Um the back one was a zero setback requirement. Okay. >> So, they had variance to let them go all
the way up to the property line. Although looking at the uh plat and the survey, there is a five- foot public utility and drainage ement back there that would have had to be vacated um to get the to the zero uh setback. So with
him saying that now it requires a buffer that was enacted. Um that's >> that's where the 13 feet >> that's where he needs to move it again and get a new variance of a little over two feet to the very front group that was approved before.
>> Okay. So we don't have to consider the prior variances at all. >> I'm sorry. What was that? >> We don't have to consider the private prior variances at all. We're considering them as if a brand new variance based on >> Well, this is a brand new variance, right? >> That is you can't get a variance to a variance, but they do have a variance
that allows them to build right up to 25 ft off the front property line today. >> Okay. So, then that why the two feet? >> Yeah, he's asking for like get another two point >> 2.06. So, we're giving up that 13.2 ft
in the rear. So, we're having to move our entire development to the east. So, we're only asking for another two feet to offset that. >> If that makes sense. >> It makes sense. >> Right now, they could build right up to 25 ft. And he's asking for it to be
built at 22.98, which is only a little over two feet to to that. >> That's correct. Does that answer your question? >> It does. It makes me wonder why you need the two feet. Why would you go through the process of this?
>> Um, that's where we end up with the layout. Um, and what we require. Like I said, we went through many, many iterations on, uh, this building to get it to fit. Some of them had six foot in addition to what we're asking for today. Some of them had, you know, 8 foot. Um, that was the
least that we come up with to get it to work. >> So, you can't scale the property down enough to offset the 2.6 feet. the um let me go back to my site plan here. I think to be honest with you that two feet hits the the very front corner of
the building and also the stairs and it actually is a a can storage facility for the the waste. Um and also an elevator. Those are the things that are encroaching. So those are very minor. So,
>> but again, you can't minimize the size of the building to so you don't have to even ask for that variance. >> Yeah. The this being basically beachfront property. It's across from the beach um so to say the owner the cost of the land and and I know financials are not a consideration, but
it has to be a certain amount of footage offset the cost of the property. In this case, you know, very comparable to beachfront property. So the owner is trying to get >> maximize his use. I understand. >> And because of the shape of this property, much of it's not usable to the north, right?
>> Can't we can't fit parking and we can't fit any more building. So >> that's how we arrived at the the footprint we've got. So >> So of the two variances, your preference to be approved would be the second. >> The second one would be needed just for
housekeeping because non-conforming. >> Understand? And then this the second one again uh the applicant feels that they're giving up that 13.2 feet that was already approved >> in exchange for just a couple of more feet. So >> understand. Okay. Thank you.
>> Thank you, >> Mr. Monroe. Have a seat and uh >> we'll move forward here and uh >> Thank you, sir. Is there anybody in the audience would like to speak in favor of opposition to the variance? >> Whoever wants to be first, please come
on up. >> Yeah, I think they're all different now. Would it be better in the interest moving forward if one person spoke for everyone or is everyone have their own? >> Everybody has their own. >> Okay.
>> Good afternoon. >> Hi. >> Hello. >> You got it though. You're speaking clearly into the mic. All right. >> Okay. >> First, we're gonna raise your right hand. Do you swear and affirm that the evidence you're about to give to this board of adjustment is true? >> I do.
>> Name, address? My name is Susan Bond. I reside at 1890 Bell Court in Indie Atlantic. >> Okay, you're good to go. >> Okay. I've owned my home in this community for 28 years since 1998.
The rear of my property adjoins the parcel of land in question here today. So, I want to address the issue of hardship because that's the legal standard here. In 1992, this property was granted a variance allowing a zero
foot rear setback as we've discussed because it was expected at that time that both that parcel and the land behind it would all be used for commercial properties. Well, three years later that changed. Um that parcel of land behind the one in
question was developed into four residential homes. So that was 40 years ago. Those homes had been there for 40 years. So once that happened, the justification for the zero foot setback no longer applied.
So recognizing that in 2006, Bvard County amended the zoning code and ordinance 0655 eliminated that zero foot setback and established a 20 foot residential buffer
and that was to protect the existing homes from commercial encroachment. Um, the applicants purchased this property in 2022 with full knowledge of the size, shape, and setbacks. So, under Florida law and Bvard County
Code, a variance may only be granted when a unique physical hardship prevents reasonable use of the property, and that's not the case here. This parcel is zoned BU1A and can be reasonably developed in full
compliance with code. It is not landlocked, not environmentally constrained, and not burdened by any physical limitation that prevents development. The request to encroach into both the A1A setback and the residential buffer
is a design choice, not a hardship. Florida courts have been clear that financial convenience, increased building size, or preferred design do not constitute legal hardship. Hardship means a property cannot be
reasonably used at all. This property clearly can be. What the applicant is asking for is permission to move the building closer to homes that have existed since 1985 to increase their profit. That is not hardship. That's preference.
The 2000 ordinance did not eliminate use of this property. It simply eliminated the ability to build directly against a residential neighborhood. And that's what zoning is meant to do. For these reasons and based on the legal standard, I respectfully ask the board to deny
this variance. Thank you. >> I don't go anywhere. >> Any questions? >> Anybody have any questions? Yes. Um, of those four residences, >> of the four residences on the west side
of this applicant's uh property, are you living in one of those houses? >> I do. >> Which one? >> 1890 Bell Court. The one directly in front of the parking spaces. >> So, is it So, there's one, two, three, four from Terrace. The second one's in No, you're in the second one.
>> I'm the second one. >> Okay. Yes. Thank you. That was Miss Clemens, >> I think I'm good. >> You're good. I have one question. Have you tried to discuss this with this gentleman that u the problems you have
with uh >> No, I just only recently became aware that they were attempting to do this. >> Okay. So, this is a new something new. >> This is new. >> Nobody else? No question? All right. Please have your seat. >> Thank you. >> Thank you.
I guess you're next, huh? >> I guess so. >> Raise your right hand. >> Do you swear and affirm that the evidence you are about to give to this board of adjustment is the truth? >> Yes, sir. >> Please state your name and address. >> My name is Kurt. >> Speak in the mic, please.
>> My name is Kurt Waterman. I live at 1859 Bell Court. >> Floor is yours, sir. >> Okay. Um, I've been a licensed realtor, Florida realtor, and state certified general contractor for 20 years. As a reminder to all parties, a variance is intended to provide relief only to the
extent necessary to address a genuine hardship, not to grant preference or maximize developmental potential. In this case, the applicant's request goes beyond the minimum relief needed to overcome any alleged hardship and insteads to seek instead seeks an added
benefit that is not essential to reasonable use of the property. Granting more than the minimum necessary variance would undermine the purpose of the zoning regulations and set an undesirable precedent inviting future requests that prioritize convenience and
profit over compliance. The applicant has not demonstrated why a lesser variance or a design that conforms more closely with the ordinance would be insufficient. For these reasons, if any variance is considered at all, it should be strictly limited to the minimum relief necessary to address the proven
hardship and the broader request should be denied. Additionally, the notes on the site plan indicate the future use as a resort dwelling. However, this conditional use designation is not permitted on the west side of a A1A when abuing a residential property.
>> That's not correct. It's a B1A zoning. It's permitted with uh permitted use. The resort dwelling is in B1A. >> Okay. And I would ask the the board to reference um section 621 1945.2 resort
dwellings. That's if it's a if it's in a single family zoning. That code is used for um single family uses and single family zoning, not not commercial. >> Okay. >> Or multif family. >> There's a um that worth noting there's a
um a map that the the county has has has published. It's a resort dwelling map and I think it's from 2020. um it's highlighted with various designation areas and uh largely the west side of A1A between the causeways highlighted in red saying not allowed. So that's that's where I reference that that from and the
the section again not that subsection might not apply to the the zoning. I might have pulled it from the wrong section. So I would ask that you look that up and clarify um if that designation is allowed. >> Yes, resort dwellings are permitted use in the BU1A zoning also in multifamily
zoning. Those two codes in the 1800 and 1900 are for single family zoning classifications. Or if they're budding A1A in a single family zoning, you have to meet the conditions to be able to have them not in the B1A.
>> Okay. Um, also worth noting, um, nothing has changed since this applicant purchased this property. Um, all of these, uh, setbacks and existed when when they when they purchased the property about three years ago. Um the last thing I'll say is that the
property can be scaled down um as the building would scale down uh within the confines of the the existing setbacks. Uh that would also reduce the number of parking spots required. So it it certainly an option. Um one more thing that wasn't me referenced is the rear
setback or what they're referring to as a buffer zone um with the 20 foot. Um the proposed site plan references, excuse me, I don't have it in front of me. Um about requesting a not a variance, there's another word for it. It's on there from >> He's asking a waiver for the from the
>> waiver to reduce it to to 13 ft. So we're we're act as if they're not asking to change the rear setback, but it is we're talking about building a twotory building 13t away from um a property line. And as a general uh you know I
don't want to say rule but most of the time you see rear setbacks at 20 or 30 ft between 20 and 30 ft and largely um for air space light and also fire separation and so having a two-story building 13t from a property line um of of singlestory residential buildings
would would increase the risk of fire. >> Thank you for the opportunity to speak. >> Hold on. >> Yes, sir. >> Mr. Rothman. Question. Um, >> no. >> Clemens, >> I do and I would have asked you as well,
but I guess my um main question is are you opposed to the development altogether or are you saying that the reduction in the size would be satisfactory? >> Certainly, I'm not opposed to anything that that meets uh the current zoning regulations.
>> Okay. And it is it is possible as as the applicant did did mention or the representative did mention it's it's this all has to do with scale and profitability to the size that they want to build it. Um very easily a 12-500t building can fit on that lot. Um two
stories and that's the average you know light commercial that tenant size is in that 1 1200 to 1500 square foot um square footage. So, >> I I do have a question, but it's for Mr. Bod.
>> Is there a minimum size for those two upstairs residential uh you know that would require the building to have a larger footprint? >> Um whenever you're doing a mixed use, you have to look at the RU210 zoning classification and it's off of those
whenever you're doing a mixed use. So it depends on whether you're doing a efficiency would be like um 400 square f feet if you're doing efficiency. If you're doing apartment I think it's 750 square ft and then it's another 100 square feet for each bedroom after that
a single one but it's based on on the RU210 zoning. So if they're doing a mixed use where they want to do a um a commercial building and then build a single family, it's 1100 square feet. They'd have a minimum for a h a single family house, but it's all based on on
that mixed use code. >> So depending on their desire for whatever type of >> Yes. occupancy, that would that would dictate some of the the footprint requirements. >> Yes. >> Okay. That that's all. >> Are you an actual resident?
>> Yes, sir. I'm approximately 150 ft my house from the from the lot. >> Okay. >> Okay. Thank you. >> Thank you. >> Does your property above the lot? >> My property does not abut the lot. >> Okay. Thank you. >> I'm across the street. >> Thank you. Okay.
>> Thank you. >> What is that? >> Good afternoon. Good afternoon. Raise your right hand for us. Thank you. Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> Yes, I do. >> State your name and address.
>> My name is Margarita Peararo. My address is 1884 Bell Court in the Atlantic, Florida 32903. >> Podium's yours. >> Okay. Thank you. Um, I also have um some uh an email and some photos from the
owner who lives at 1896 Bell Court. She is actually the first home that butts up to the property um that uh the applicant is asking for the variance. um she is unable to attend, but I believe she did email this, but um we also have photos
um of her property that we're going to reference in my my >> Is that Miss Nelson? >> Miss uh No, it's a U Mary Williams. It might have just been um emailed me emailed you to you yesterday.
>> Yeah, but they're really good about getting that to us. though. >> Yeah, I don't even >> So, I have her email and um also photos. >> We probably have it. >> Okay, >> just give us a second. >> Okay, thank you. >> Are you here on her behalf?
>> Uh I just wanted to drop the photos on. She is unable to attend. So, >> Oh, I got you. >> And she um has her concerns and an objection to the variances. I see her. and she is the first property on Bell Court that backs up to the um
commercial property in question. >> So you just want to drop something off >> for her. Yes. But I'm also a resident. I am the third house in on Bell Court that butts up to this property and I am the floor may be taking photos of my
grandchildren who will be playing in my backyard and living there. So, that is a very serious concern. And now that they're asking for um to to it to be built even closer to my property, um again, my uh serious concerns on that.
But, uh today I'm I do um uh reiterate all the concerns that my fellow neighbors and residents will be um or have and will uh continue to say and have written in about, but I'd like to speak specifically speak about the flooding and drainage issues. Um, so if
I may, I'm going to proceed. So I'm writing on behalf of my family and other residents of Terara Shores community to formally object to the variance request of 25V0073 and to the uh proposed commercial development plan behind my home. This
objection is based on serious wellocumented concerns regarding storm water drainage. And I do have photos of this of this issue that I don't know how you want me to present them. um of flooding, public safety, property damage, and long-term insurability.
All of which are already existing issues in our neighborhood and will be significantly worsened by this project if approved. Our block currently experiences storm water drainage failures and flooding during heavy rain events. These conditions demonstrate that the existing drainage
infrastructure is already inadequate to manage present runoff volumes. And I will say that when they built the dentist office north of Terara Shores, that has really increased the flooding that occurs at the entrance of Terara Shores from A1A because it is a
four-lane highway. Please note. So when the traffic comes by and since it is a downgrade, it rests right at Terra Shores and Bell Court and goes goes um west to several houses and unfortunately to Bell Court it flows in to Bell Court
into our driveways even to my house which is the third house um from uh Terrace Shores. So um our block currently experiences the the drainage failures and flooding during heavy rain events. These condition conditions demonstrate that
the existing drainage I'm sorry if I'm repeating myself drainage infrastructure is already inadequate to manage the present runoff volumes. Approving this commercial resort building, commercial property is introducing substantial imperous surfaces such as buildings,
parking areas, and paved access roads that will inev inevitably increase storm water runoff, overwhelm existing systems, and intensify flooding on adjacent residential properties, including my own. This proposal raises serious concerns regarding public health
and safety. Increased flooding places my home and my family at risk. Structural damage to our residences, our foundations, possible mode growth and associated respiratory health risks, electrical hazards when lines go down
and we won't be able to see them because of the flooding. Unsafe access during storm events and emergencies. In addition, if the integrity of that cement wall, which is five foot, not six foot, because I can look over it, and I'm not a tall woman, um, behind our
homes on Bell Court is compromised in the building process. We believe we will have lost an important defense um, for hurricane storm surges. That will be a tremendous loss. Health and safety. Additional drainage issues on Belcourt
and Terra Shores, which most likely will lead to flooding risks to the homes directly behind this property. Improper dram drainage can cause flooding or erosion to our surrounding residential areas resulting in liability claims. It's even hard to drive through that um
standing water. I like I said, I have pictures of my children. Um they thought it was fun because it looked like a little lake and it stays there for quite a while. um it's hard to drive by. So that's another um safety issue too for our uh all the residents of Terasor who
are going home or leaving. Um um in addition the environmental hazard of the drainage water and the what was hazardous waste will accumulate in increased amounts of standing water that will be created by the removal of the natural drainage that this lot has right
now of the unbuilt lot and paved or with because of the paved and cemented parking that this project is planning. The poor drainage can happen in any commercial residential setting. Although it may not seem like the problem at first, but the economic and environmental impacts of poor commercial
drainage and residential residential drainage can be enormous in the long term. The impact of less than desirable water drainage can affect all of us as it allows the water damage of what I like I said the foundations, the homes, the yards, all those things and it could
destroy our roads and other public areas and even affect our health. So unsanitary conditions are one of the scariest things that can happen from poor drainage systems or the lack of drainage systems altogether. As conditions become unsanitary and stagnant water is present and it stays
stagnant all kinds of waterbborne diseases and illnesses can come forward. So in additioning in addition worsening flood conditions can may result and this is a big one for a lot of us in insurance premium increases loss of
coverage or outright cancellations which is a growing and documented issue of Florida homeowners in floodprone areas. This represents a direct financial and legal harm caused by the approval of a development that fails to adequately mitigate storm and water impacts.
Florida law and Bvard County development standards require that new construction must not adversely impact neighboring properties and must demonstrate the post-development storm water runoff will properly be managed. And I looked on this uh plant site and it says that I
believe they're going to look at a a dried retention pond on that little top of the pie uh pizza pie pi pizza pie and that is where most of the the water comes from and if and I will tell you
from the experience of the dentist office they to have a huge retention pond dry one it doesn't work. I guarantee you can drive by and see that whole flooding and it there's no water in that dry detention pond. So, I'm saying that um that uh I don't know how
how that would be effective given the existent flooding conditions. I strongly question whether any storm water management plan associated with this project can realistically meet those requirements without significant and independently verified mitigation measures. I I respectfully request that
Bvard County deny approval of this of this proposed development as currently designed. Require a comprehensive independent hydraological and drainage impact study that fully accounts for existing flooding conditions in downstream impacts. Ensure that any
approved plan includes enforcable long-term storm controls that demonstratively prevent increased flooding or surrounding residential on the surrounding residential properties. Approving this development without fully resolving these issues would place
nearby homeowners at an unacceptable risk and expose the county to potential future liability. I strongly urge the county to prioritize the safety, property rights, and well-being of existing residents over highly d this highdensity commercial development that
is incompatible with the area's current drainage capacity. And for all these reasons, we respectfully request that variance request 25V00073 be denied in its entirety to uphold the integrity and intent of the BU-1A
zoning in the community protections it is meant to provide. I request that this objection be entered into the official record and fully considered prior to any decision. Thank you for your consideration and for protecting the character and livability of our residential neighborhood. Thank you for your time and your commitment to
protecting the health, safety, and welfare of Bvard County residents and for ensuring that development in our city remains fair, lawful, compatible with existing neighborhoods. Thank you. >> Thank you. Please have a seat. >> And I have the photos and who I submit
them to. >> Okay. Yeah, you can submit them. >> Yeah, you can give them to us the photos >> over here. >> Yeah. >> Yes. >> Thank you. >> Thank you. Before we go any f further, could we uh hang on
just for a second in this photo uh for the residents? It's one, two, three, four. I think it's the fifth house. It looks like it has a pool. >> It's >> Is that a pool?
>> That's fifth house is my next door neighbor. I'm in house four. >> You're in house four. So, they're not here, correct? >> Correct. >> Okay. >> But you're in house four, correct? >> Yes, sir. >> She's in house three. >> House three. >> She's in house two.
>> You're three. I'd like to speak to this gentleman. In one mind, >> before you come up, sir, could you just sit down for just one second? Bear with me. Mr. Monroe, could you come back up just for a second? Just remember you're still on the oath.
>> Yes, sir. >> Uh I only have one question. It's a quick question. Would you be willing to have a meeting with these uh these folks at some point here before anything is started to try and work out some of these things rather than uh take it the
route it's going? >> Yeah. Um listening to the speakers and I've been making notes, most of the concerns I think they have are are site plan design issues. Those are items that'll be addressed when we we permit with Brevar County site planning. >> But the that my question was now before
this goes any further, would you be willing to meet with these people uh outside of here on your own time? >> Yeah, what I'm I'm getting I think many of their concerns are not varianceoriented concerns. The two variances we're asking for are have to do with the front seven.
>> No, I understand that. But that that would be between you and them. That's all. Yeah, I I would be happy to to answer questions they have. For instance, the >> Okay, please have a seat. Okay, thank you. >> Okay, sir. Sorry. >> Yeah. Uh I just want to refocus the
board also. Um and remember, you know, there's only two things being considered before you today and those are the two variances. All the other things that have been mentioned
are not before you today. So I just kind of want to emphasize >> I think we understand that. >> Okay. >> Okay sir. >> Okay. Raise your right hand. Do you swear and affirm that the evidence you
are about to give to this board of adjustment is the truth? >> I do. >> Name and address? Jeff Fiser, 1878 Bell Court. >> Your fourth house, correct? >> Yes. >> Okay. Podium's yours, sir. >> Oh, I thought you wanted me up. I really
um what what we've all explained is basically what we all agreed on and the situations we have. >> And we have one more speaker that wants to talk about that crosswalk where that's going to be an issue. But, uh, >> well, let let me ask you since you're
the fourth house, uh, there's a parking lot here. Um, apparently, what is this building? >> That's the Mason's Lodge. >> The Mason's Lodge. >> Yes. >> So, when the Mason's Lodge is going and there's cars in the parking lot, is that any problem at all?
>> No, sir. There's uh no lighting or um they're quiet. They only meet like on Tuesday nights, so they're very quiet. And on your neighbor's house, they border right to the back. >> Correct. >> And that is that a pool he has? >> Yes, sir. >> Yeah, it is.
>> Okay. No, they're the only question you guys. >> No, thank you, sir. Okay. Appreciate it. Uh, sir, >> raise your right hand and we'll move this along. >> Thank you. >> Do you swear and affirm that the
evidence you're about to give to this board of adjustment is the truth? >> Yes, I do. >> Name, address? >> Uh, my name is Thomas McDev, 1861 Terara Shores Drive, Indie Atlantic, Florida, 32903. >> Thank you, sir. Podium yours. Uh if you
don't mind, my wife's going to be here in case I have to make reference to this plan. Her name is Cecilia McDevit. >> Cecilia, please. Are you uh do you plan on speaking? >> No, sir. >> No. Okay. >> I'm Vanna. >> Uh first of all, I want to thank you
guys for what you do. Uh I I was a retired fireman paramedic from this county for 30 years, and I know how hard you guys work, so I appreciate you. Um, I have some pictures I'd like to present. I don't know how I do that, whether it goes up here, but I would
like these pictures to be viewed >> right there. >> I can put them up here. >> Oh, you can put them underneath. >> You could put them on the viewer right there beside you. >> Over here. >> Oh, okay. I'm not sure how that works, but thank you. I said I'm not sure how that works, but thank you.
Oh, very good. So, um, brought the wrong glasses. May I These are prescription. And I I'm not trying to look cool, but unfortunately I left my other glasses in the car. >> This first first picture is is you're looking at the Masonic Lodge and that um
table palm in the right side of the picture is the corner of the property. What you're viewing is a crosswalk. You're viewing basically half the crosswalk. You could see the center of it where the lines go towards the bicycle. So you're seeing half of that
crosswalk and that's facing towards the south. And uh the next picture I'd like to go to that picture. Yes, >> this next picture is looking from basically the same place I took and now you have the whole view of the crosswalk
in in in entirety including the center where we cross through my you could see there's two poles in the center of this picture that are close together and then you see the next two poles that the two poles after that
that's where their entrance is going to be just like the gentleman said, which aligns with one of the condominiums. But one of the problems that I have is this, and I think all my neighborhood would agree. I don't think there's been a
proper study on this from DOT or anybody else. What happens is when we go into Terara Shores, you can see the very uh northern end, you could see the street sign to Terra Shores. When I'm doing 35 or 40 miles an hour, maybe breaking the
law a little bit, and I make entry into terrace shores, it's like very careful because when there is traffic, I have to just kind of slide in easy and make it to my street. And sometimes even at 35 miles an hour decelerating, I even
overrun it. So, they're planning when you're coming from the south planning to go between these two power poles, which is immediately after this median. My concern is as it for our neighborhood as well as from being in the business of uh picking people off the street, which I
have picked somebody off right there, um is that it's a safety concern and I'm afraid that there's going to be an accident caused by the entrance into this property. I want to let you know I'm not opposed to this property being developed under the the current uh
zoning or Yes, sir. >> Hold just one second. I don't see the relevance of your arguments to the variances of the uh setbacks. It seems like you're using this argument to blow away the development, not talk about the
variance. >> Well, sir, um I can I'll address the variance then. The site plans that was submitted for the variance had the entrance as you see on the site plan. So, I don't necessarily agree with it.
I'm trying to address a problem that could be a liability maybe for the county, for the state, for somebody. Yes. I I don't know whether it addresses what you said, sir. And I I what you said makes sense, but I am concerned for the safety of the individuals turning
into terror shores or even the safety of the individuals turning into this property because they're going to get rearended or they're going to wind up not getting into that middle lane in a proper time. and I believe there'll be a problem. I just don't want anybody to be
held a liability. That's beyond me. I'm just I really appreciate the time that you've given me to speak. I just see that there is a potential problem. Is it a relevance, sir? No. I I maybe not. I'm going to let you guys decide it, but all these factors need to be thought
thoroughly out and maybe even a study by DOT to see if this is feasible, somebody to make an entrance into this property from the south. You know, from the north it's not a problem. So, um because I know I have a little bit of problem problem getting into my street after
this median. And the other thing, too, is I don't know. Well, it's maybe not relevant, but I don't want to have this approved. Then next thing I know that this whole meeting gets moved a block away just to accommodate these folks. I I like I said, I don't know your rules.
I don't know DOT's rules. These are just concerns. And um let me go to the next p picture and I'll be almost done. >> Um let's see. >> Yeah, this one here.
>> Thank you. You see these two poles in the center of the side by side. It basically right after that is where the entrance to the building is is very short distance between the end of the median and the center lane to make that turn into
there. That's what I was discussing. And we'll go to the final picture which is >> Yes. And um as you can see, we're looking from the north to the south. And you can see the two poles, the first one and the
second one where somewhere right in between there, the entrance will be, which I get it, but I'm just telling you that there could there's going to be a problem. There's going to be an accident there. >> Sir, excuse me. I I have to as chair, I have to agree with my honored colleague
here. I mean these the variances are based on hardships. I mean that's what we're trying to determine here whether this is fair, not fair or take into account uh all your problems. But we have to we have to stay on the on on the
line here and uh understand what's going on with the hardships. Why this gentleman is trying to do it for a hardship. >> Yes, sir. I understand. I appreciate you hearing me and hearing my concerns and you know and being worried about what could possibly happen. Like I said, um
I'm just worried that there'll be an accident. I I understand your >> feelings and and I agree, but I do uh appreciate your ability to let me speak and even if it doesn't maybe go along with the hardships on this, but there are other
concerns that the people in the neighborhood have. And for the four homeowners that are basically sitting right behind that, I'm also here to stand by their side as well as a person who lives in that neighborhood since 2003.
So, uh, with that said, I'd like to make one other statement that the gentleman, the people who bought this piece of property bought it knowing that it was zoned or had whatever the variances that were in place there and then they went
ahead and uh, put it up for sale for um, almost two times what they paid for it, were unsuccessful doing that. that's probably why they want to do a variance and maybe build now and then maybe make it more more palatable for somebody else for a
profit. So that's all I have to say and I thank you for your time. >> Thank appreciate it. >> Sir, I'll just add a comment that the board of adjustment has limited jurisdiction. So they're not passing any judgment on
the merits of your issue because they don't have the ability to do so. >> I appreciate that. Um and I agree with you but uh there are concerns and I was you know >> and there may be but there are other places to voice those concerns.
>> Well I have a question for you. Um >> if the with the plans that were submitted like where the entrance to egress and you know everything is onto the property. Um maybe there who who would we go about
h to have study this property before possibly somebody can grant uh you know a variance that because that may I feel and you guys don't have to do it but I feel that that was hasn't been studied properly >> um as as has been mentioned I think by
one of the other speakers you know there are certain things that relate to permitting and so forth uh that's a state road so department of transportation. Florida Department of Transportation has input on that, but this board does not.
>> Agreed. So, we could go to DOT and complain about uh the possibility of >> I can't give you legal advice, but >> they it's they have jurisdiction of the road because it's a state. >> Can we get those pictures that you had for
>> our file since you used them? >> Anyway, thank you so much. I appreciate it. Yes, >> I just wanted to re uh reiterate that the engineer has already spoken to the approvals uh from FDOT has had
communications um with them uh to go through the permitting process. He'll also go through site plan process with our department where we'll have um other departments, engineering, public works, um natural resources. I believe there's
up to maybe 10 other departments that will review the site plan for compliance. So all of those things will be addressed at that time as well. >> No pictures. >> No pictures. Well, that's not good.
>> Please raise somebody have nothing to do with this. Raise your right hand. Y. >> Do you swear and affirm that the evidence you're about to give to this board of adjustment is true? >> Absolutely. >> Please state your name and address. >> Robert Peacharo, 1884 Bell Court. I'm the third house on the left.
>> Podium's yours. >> All righty. I was just I know we covered a lot, but the one thing I wanted to cover that I looked up using my chat GPT is that a hardship really can't be granted solely for the need of profitability in a property.
So, in other words, if you can build on it and you can build a house under the restrictions, you really can't get a hardship because you say, "Well, I'd like to build a bigger house on there." And so, that's my whole gist of this is I don't think a hardship should be
granted in this situation. The buyers knew full well coming in what the restrictions of this property were. They weren't, you know, blindsided by it or anything like that. This is all public record type material. So that's where I want to leave it with you and I thank you for your time.
>> Just one second, sir. >> Sure. >> Any question? >> You got a question? >> I have one question for you. Since you're the you're the third house, >> third house. >> Um >> just in one quick sentence, what would be your main reason for this?
um for but for not >> having a problem with the variance or the building or >> um number one I don't like the fact that they want to build so close to my backyard. I think if it was further out I'd be okay with a larger buffer so to
speak between my house >> and the other thing is there's the power lines. I don't think anyone mentioned and I'm sure they got the clearance from FPL. I can only get so close to the wall in my house. I've lost six feet of my backyard because I have to have that easement always open for FPL. And so I
think with a commercial building, I think there should be a slightly bigger buffer between a residential house and a commercial building. And that's and back to my wife's main concern, you're going to have transient residents on the second floor looking down into my backyard where my grandchildren currently live and come over all the
time. >> So you have a other issues besides the variance, correct? with the building going up. >> Um, I do have other issues with it, but I will adhere to following the law. How about that? If you say it's go, it's go.
I'm not going to, you know, protest in the street or anything like that. Trust me on it. >> Thank you for your time. >> Sure thing. >> Jump on that. >> Mr. Monroe, would you mind uh Feel free to take a couple minutes if you
care to rebut any of this or have anything else to say. Still under oath. >> Yes, sir. First, I'd like to thank the residents for being professional in your presentations. I appreciate that. >> Uh, I made notes of each speaker. Maybe I can try and highlight real quick. Uh,
the information I was able to find. Speaker number one referenced >> Did you speak in their mind? >> I'm sorry. Speaker number one referenced uh commercial. The terrace shores was slated for commercial. The information I was able to obtain online. The plat showed the residential lots throughout
um the terrace area. That was 81. Not sure what was uh present before that. But that was the information I was able to locate. >> If you could I'm sorry to interrupt you. If you could just keep what you're saying in line with your variance request. If it's not, if it doesn't have
anything to do with your variance, don't worry about it. >> Yeah, I I can pretty well summarize a lot of the concerns are site plan oriented. Those are going to be covered. Uh we had a pre uh pre-construction or sorry, a a pre-lication pre-application conference with Brevar County and and
that we meet with all the the county uh departments, what have you. We had a pre-lication meeting with DOT. The crosswalk was discussed, the driveway was discussed. They took all these into consideration. um storm water. We're going to be designing for Bvard County, St. John's, DOT, we've got to meet 48
different storm events. So all those the concerns are legitimate concerns, but me as engineer record, you know, licensed professional engineer, state of Florida, I've got to design for all those requirements and those will be addressed in site plan. Those are items that are you here to consider the two variances
today. Um this board is is looking to consider those. We feel like variance number one um the property had granted a zero lot setback you know that was revoked with new uh new code that came in. So what we're trying to trade off is
that 13.2 feet for just a couple of more feet that they lost you know to that. And the second one again is a housekeeping item um for being non-conforming. We need that variances to no matter who owns this property to be able to develop it. So, >> do you have any questions for have any
questions? >> Yeah. Um, does the does the variant request give you more area for your storm water ponds? >> It actually does. The area of the green
space can also be used as a stormwater retention as well. >> And if you had discussion with St. John or DOT regarding the that storm water design. >> That's something that'll get more detailed in site plan. >> Okay. >> You know, there's there's requirements
we have to meet. Um but those once you get into it, it gets quite in depth when we do design, soil borings, water tables, that sort of thing. >> But looking forward, just to share, I'm looking at a 100% on-site storm water. So there'll be no discharge from the site.
>> Okay. Good. Thank you, Mr. Monro. I have one question before we're done. Uh you said you did the uh the drawing and everything for this uh for this structure yourself. Correct. >> That's correct. >> What is your background? Are you a builder or? >> No, I'm a civil engineer. I'm licensed
in the state of Florida. I'm a professional engineer. >> Okay. >> So, I sign I sign and seal the drawings. >> Thank you. We are done. >> Well, you base it on a footprint, right? You're not doing the architectural interior. >> That's correct. For clarification, no, I do not do architecture. Yeah. You're not Yeah. You're not doing the building
design. You're using the the previous footprint. >> Yeah. The civil site plans go as far as using the footprint. >> Okay. >> Okay. Thank you. >> Thank you, >> board members. Well, >> do we have a motion? >> Um, per Mr. Monroe's request, uh, he
asked that we, uh, do these do one and two. Um the one Mr. Bod help me out here. Which one of these um legitimizes the 75 foot depth?
Is that number two or number one? >> Number one, I think. >> Yeah. Hang on one second. >> For me, it's two. So variance number one is to allow a 27.06 uh reduction in the 50 foot front
setback. Variance number two is to the lot depth, the 75 foot lot depth, and that's of 0.58 feet, which is approximately 7 in. Okay. Um, so I would
like to uh make a motion on on variance number two to begin with. Uh, I'll make the motion then I'll have some discussion. And I I move that we approve um uh >> number two >> variance number two on the application
uh in light of the survey dated. >> That's probably getting old. My uh what's the date on this? >> 1119. >> 1119. Okay. based on the survey uh dated 1119. >> M Clemens,
>> I approve. I >> second. >> Second. Sorry. >> Okay. And my argument then or my uh discussion is that we have non-conforming lots all over the county that arise just because of these
small zoning and and and platting uh issues. So, I think that legitimizing this lot is is fair and reasonable. >> Okay. So, no further discussion.
>> You have to read the six. >> I'll read the six little guys. >> You didn't address one. >> Are you saying that you're >> We're separate. We're doing them separate. This is two. All right. >> Sorry. >> I think I'm going to hold these since they're the same for one and two.
>> No. Go ahead and read it. Have to read it again. >> All right. One, that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. Number two,
that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requests it 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. Number four, the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue
hardship on the applicant. Number five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, that the granting of the variance will be in harmony with the general intent and purpose of this
chapter and that such variance will not be injurous to the area involved or otherwise detrimental to the public welfare. Board members, keeping these six criteria in mind, I now call a vote. All in favor?
>> I >> I >> I Any oppose? No. Motion is passed. >> Variance number two passes. >> Okay. Um for the for the purposes of uh
discussion and vote, I'm going to uh make a motion that we approve um >> variance >> variance number one. Um in accordance with that same uh survey dated uh what was it?
719. Um >> 11 dated 1119. >> Is there a second? >> No. >> No. >> And no for me. >> So there's no motion. >> No motion.
>> Second variance is not approved. It is denied. First variance. I'm sorry. >> No, you have to have another >> call for a different since you had >> you didn't vote on it. You didn't get a second. You had to have another. >> We got a second.
>> No, there was no second. >> Oh, is there a second? >> I don't second it. >> I I made the motion. >> You made motion. >> Mr. Chair, you can second. >> He's saying is there a motion to deny? >> Oh, I did. He said no. >> I said no. We both said no. >> Well, you'd have to have a motion to
deny then. >> Yeah. >> Didn't do that. >> I make a motion to deny variance number one. >> Now, we need a second. I'll I'll second that. >> I'll second. >> So now we go to discussion vote.
>> No motion's been denied. >> No, no, you're making a motion deny variance number one. So you can decide now you have to have a vote on >> why you want to deny it or you can just proceed to vote. >> I mean I think there's compromise. I
think he can reduce the footprint. I believe that variance number one does not meet the undue hardships on uh let me see three four and six.
>> So call call the the vote on the motion to deny. >> Okay. We need a vote for the motion to deny. All in favor? >> I >> I I vote I to deny. >> So we have three denials. >> Yeah. Okay.
>> Motion did not or the variance did not fail. Denied. >> All right. So variance one was denied. Variance two was approved. >> Yes. >> Sorry. I think we forgot that voice on first. >> Okay. got through that one. I ain't going
through. >> Mr. Bod, may we please have the next applicant? >> Yes. Item H2. Do we defo request variance of chapter 62 article 6 with our county code for an accessory structure in an RU-1-7
zoning classification located at tax account number 2802337 in district 5. >> Sorry, I missed that. It's okay. You ain't got nothing on them.
>> Good afternoon. >> Good afternoon. We made it. >> Yeah. Raise your right hand. We'll get right to it. Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> I do. >> Name, address, >> Dewey Defoe. >> Please speak into the mic. Dewey Defoe
8105 Henry A Melbourne Florida. >> Podum's yours, sir. >> All right. Um, so I was born in Melbourne. Uh, love June Park. No intention on leaving. It's our community. Um, seeking this variance to protect my investments from neighborhood
cats and influx of suspicious individuals that frequent our area. Uh, while also cleaning up my property and improving its appearance for the community. Uh, I've experienced ongoing issues with cats damaging my property, including uh clawing, destroying the sea
deck material on my airboat, uh, leaving dead animal carcasses. Um, they've scratched the my Corvette, uh, sleeping on the roof of it. Um, in addition, I've had gas cans and even a gas tank stolen out of my airboat in the
past. Um, in closing, I've had a a neighbor went through this process and saw how much it improved his property. Uh, so I'm seeking to do the same. Uh, protect my investments, help maintain the overall quality of our neighborhood.
>> Anybody have any questions? >> Yes, my district. Yes, your application arises in my district. Um, I drove by. I did stop and and and talk to you. I noticed that um
this um structure that you're >> is it existing or is it proposed? Because on the aerial there seems to be a roof line. >> It's it's proposed and then to remove all existing buildings.
>> So you're going to remove what's there and replace it with something else. >> Correct. That's why there's roof lines shown on this drawing >> or on this aerial photo. >> Okay. >> Now, I'm asking you have existing buildings, >> correct? >> Back in that corner. >> Yes, sir. >> You're removing those and replacing it
with this? >> Yes, sir. >> Okay. >> The smaller building I was going to wait to remove till after the completion to carry my stuff along. >> Just wasn't shown on the the the sketch. >> Okay. >> Um I think uh
Mr. and Mrs. Dandre uh about that property in the back. Have you had any discussions with them? >> Yes, I have. >> Okay. >> Um yeah, they're they're all for it. I told them I'd remove a oak tree for them. It was hanging over their property, so they're excited about that.
>> Okay. So, there's already existing buildings there that they have no objection to or they haven't >> Correct. Yeah. They're super friendly and seem to get along well with them. >> I don't have any other questions then. >> Any questions? >> No questions. No. Sir, could you just stand to the side for a second?
>> Yes, sir. >> Is there anyone in the audience who would like to speak in favor or opposition to this variance? >> Sir, could you have a seat right there for >> Good afternoon. >> Raise 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, sir. >> State your name and address. >> Uh Kenneth Fington, 2300 Maple Street. >> Podium's yours, sir. >> I'm Mr. Debo's neighbor and I was in his shoes uh three years ago doing the same thing. Um I'm to the neighbor to the
east of him and uh it it's a big thing to you know it makes the the property values everything come up. Um it's makes everything cleaner since I've put my building up. I have had so many neighbors come by and say you know just absolutely stop and and and you know
knock on door and say love what you've done to your place you know the shed, the shop, everything like that. So um I'm all in favor for it. So, just wanted to, you know, give my two cents. >> Perfect. >> Thank you. >> Have a seat, sir. >> Anything else?
>> Make that motion. >> Nope. >> Oh, >> you're done. >> Bill, you want me to do >> Thanks, guys. Appreciate your time. >> Bill, you want me to do it? >> Yeah. I'll make a motion. >> What is the pleasure of the board? Do we
have any motions? >> I make a motion that we approve the uh requested variance uh as depicted on the survey dated uh 11 2925 >> 26. >> It's not 26. 11925.
>> Yeah. Did >> I say you're correct? >> You said 29. >> No, I said 1129.26. >> Yeah, that's what I say. If you're looking at the survey and says 29, the staff comments had it as 11:26. So
>> Oh, well, actually, it's 11:26 now that I look more closely. All right. I make a motion that we approve this uh variance application uh as depicted on the survey of 112625. >> Second. >> I second. Any discussion?
>> No. >> No further discussion. We'll read the little six gems here. Number one, that special condition and circumstances exist which are now applicable to other land structures or buildings in the
applicable zoning classification. Number two, there is a number two. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three,
the granting the variance requested will not confer on the applicant any special privileges that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. Number four, the literal enforcement of the
provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. Number five,
that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not
be injurous to the area involved or otherwise detrimental to the public welfare. Board members, keeping the six criteria in mind, I now call vote. All in favor? >> I >> I. >> Any opposed?
Motion passes. The application for the variance is approved. >> Thank you. >> Welcome. >> Mr. Bod, may we please have the next applicant? Yes. Item H3, Steven and Jerry Snyder, request variance of
chapter 62, Article 6, Bavar County Code for an accessory structure in an EU zoning classification located at tax count number 2417048 in district 2. Hello. Hello.
>> Hi. >> Hi. >> You ready? >> I am. >> Doesn't hurt. Raise 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 speak into the microphone. >> Yes. >> Is yours.
>> My name is Stacy Torres. I reside at 910 New Found Harbor Drive in Merit Island. We are the hired contractor and uh representative for the homeowner. >> Is that on record?
>> Yes, she she is representing them. >> Okay. >> So, the um residential property in question is large. It's uh 1.22 acres um per building code. They're
actually allowed to build four separate accessory structures. That's a lot of stuff just sitting out there on your property. So, they already have water issues, standing water this past year during the hurricanes. I mean, 75% of
their property was like covered in water. So, they're wanting to um get a variance for an additional allowable square footage in a single structure to eliminate multiple
structures on their property, which would cause more drainage uh issues with less permeable space. So in the explanations provided, that's one of the logical
reasons that they're requesting this variance. So a twostory accessory structure will help eliminate additional structures on the property, allowing for better drainage. Um the two immediate adjacent neighbors to each
side of this property submitted letters um that they have no issue with what they're wanting to do. Um the site plan that was submitted shows the two proposed twostory structure. Um I also
want to note that they're planning two construction projects. this accessory structure as well as increasing the square footage on their home. So although the existing variance is for
798 square foot over what's allowable once they increase the square footage on their home, this will actually fall in >> right well it won't be in compliance but it will be much much less of a of a
variance. Um, we also did some digging into other Merit Island waterfront homes with um that have been granted privileges of variances. And we kind of stopped once we got four or five that
that have um variances. And this does range anywhere from 75 square foot variance to 2,582. So, by no means is their variance request uh exorbitant or or more than
anything that's been allowed already in in the Merit Island waterfront type residential areas. Um I have the site plan if if you don't have it in front of you if you'd like to look at it. Um, but
I believe that's a pretty good summarization of the request. >> Okay, >> Mrs. Torres is from district two. >> I have a question for Paul. >> Hi Paul. >> Um, so for example, if we approve the variance for the additional size, what's
where does the four accessory structures come into place? Would those be eliminated? Each one of them couldn't be more than 50% of the living area of the house >> of the original. >> And then all four of them can't add up to more than the total um square foot, not square footage, the uh yeah, the
square footage of the total of the house. All four of them. >> Okay. So, they're still able to do those four accessory structures as long as it stays within if they increase the square footage. >> You have to stay between those um those square footages. >> Okay. As a whole.
>> Yes. >> Okay. All right. No questions. >> No questions. >> Yeah. >> Yeah. You say you have drainage issues already with the four separate structures. >> There's no accessory structures currently on the property.
>> If if if y'all approved this, they wouldn't be able to build any more accessory structures without coming in for another variance though. >> Correct. >> My understanding was that there were already accessory structures on the property. >> No. Okay. >> There are not.
>> Okay. All right, that's fine. Then that eliminates the question that I had. >> Okay. >> And there are no >> Don't go anywhere. Just step to the side for a second. Thank you. Is there anyone in the audience would like to speak in
favor or opposition to this variance? >> May I? Yes. >> I make a motion to approve the variance requested as depicted on the survey with the revision date of 1172025. >> I second the motion. >> We're here.
>> Is there a second? >> You second. Okay. Sorry. >> Here. No further discussion. We're going to read the six hardship. >> This help. There you go. Right. Number one, the special conditions and circumstances
exist which are not applicable to other land, structures or buildings in the applicable zoning classification. Two, that special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requests it
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. Number four, 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. Number five, that the variance granted is the minimum
variance that will make possible the reasonable use of the land, building or structure. Six, that the granting of 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. With board members keeping these six criteria in mind, I now call for the vote. All in favor? I >> I >> The vote is unanimous. The application for a variance is approved.
>> Thank you. Mr. Bod, may we please have the next apple again? >> Yes. Item H4, Michael Scott and Hazel P. Arnold, uh, request two variances. Chapter 62, article 6, Bvoulevard County Code for a
swimming pool screening closer and a principal structure in a PUB zoning classification located tax account number 3019914 in district 4. They're being res represented by Todd Harding.
>> Todd Harding. >> It's been very challenging. >> Three years. >> Raise 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. Name, address, >> Hazel Errol, 7965 Milbrook Avenue,
Melbourne 32940. >> Podium yours. Um, so I'm I'm I'm assuming you know him very well based on So we had our pool and uh screen built by him and um originally we were just
asking for the variance for the pool screen which was um I guess 6 in over the uh sprinkler. And so we contacted the HOA and asked um what do we need to do? and they were actually um approved
it. I believe there's a letter attached from them. Um when we originally um requested this, they approved it and my neighbor also was okay with it. That's why they didn't have any a problem. And then that was the only variance that we were aware of. And then we got a phone
call saying that the house on the north side I believe was is asking for.5 or 6 um inches that they need to put that on top of our variance to get it approved.
But we didn't know any of that until um we were contacted. >> So originally it was just a pool >> and of the enclosure enclosure. >> Yeah. And then um I don't know if it's the Vieier builder um on that side cuz that it's on the
property. It's actual property, not has nothing to do with the um um enclosure. And they said in order for that one the enclosure to be approved, that variance on the right side of the house or the north side of the house has to they can put it on top for it to be approved if
you guys approve it. >> You're talking about the blank space. >> Yeah. So, but yes, we've been dealing with Todd for three years now, and I would love for this to be done. >> Todd, where's Todd?
>> Thank you. >> I I would like to know where Todd is, too. We haven't seen him. >> Questions? I mean just for clarity there you need this because the owner of that blank
space >> it's actually it's we don't have any there's nobody on our right side it's just the water but um for some reason when we got the phone call saying that it was over.5 or 6 feet. Yeah.5 that in
order for because we want we don't want to have any issues if we ever sell the house down the road saying that this variance is in you know it's it's a and it's affecting our sale of our house. So they they want that to be on top in order for everything to be approved.
They just want to put that on top of it. I'm not sure what that meant but >> what's the seven what's the second one with the 7% deviation? >> I'm sorry. What was your question? >> What is the second request? So the first request is for allow 0.6
feet from the required 5- foot north side setback for a swimming pool screen enclosure. Variance number two is to allow for 0.5 ft from the required 7.5 ft south side setback for the principal structure.
So it should have required 7 and 1/2 ft and is now at 7 ft per the survey. So, it's the pool and the house. >> Yes. >> Okay. >> Mr. Hoffman, >> just just to clarify that the 6 in on the pool enclosure
is against the house. That's half a foot of the seven and a half is the buffer space for the drainage um parcel from from what I can >> not meet the 5-ft setback off the north
side property line. >> Okay. And the other one is is encroaching on the setback but the adjacent property is the drainage pond parcel. So, it's not like there's a residence on that south side.
>> No, there's a tract on the south side also. A track to the back. >> Okay. Sorry. Just need to clarify that in my own mind. >> Yeah. >> No further questions. Would you mind just stepping to the side for a moment?
>> Is there anyone in the audience who would like to speak in favor or opposition to this variance? Please have a seat. Thank you. >> Okay, members, what is the pleasure of the board? >> Who's district four? >> I say who's district four? >> No, I'm not.
>> I'll do it. >> She can do it. >> I make a motion to approve the two variances as depicted on the survey with a revision date of 78 2024. >> Is there a second? >> Uh, I'll second. >> Discussion.
>> None. None hearing. No discussion. I will read the six articles. Number one, the special conditions and circumstances exist which are not applicable to other land, structures or
buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting the variance requests it 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. Number four, 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. Number five, that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure. Number six, 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. With the board members keeping those criteria in mind, I now call for a vote. All in favor? >> I >> I >> opposed. None. Motion passes. The application for variance is approved.
>> Mr. Bodie, may we please have the next applicant? >> Yes. Item H5, MJ Coupe LLC request two variances of chapter 62, article 6, Bvoulevard County Code for lot width and lot size in a GU
zoning classification located at tax count number 244042 in district 1. been here too long. Thank you. Thank you. Do you swear and affirm that the evidence you are about to give to this board of adjustment is the truth? >> Yes.
>> Name, address, >> Jones. Do you want the address of the property or my personal address? >> Yes. >> Which one? >> Personal. >> Personal. 4352 Blue Jay Place, Titusville, Florida 327. >> You speak into the mic. >> Podium's yours. >> Am I good? >> Yes.
>> Okay. Um the current lot doesn't meet the 150 width for GU. It was split in the 60 60. So we're just asking for those two variances. Variance one to the 300 foot plot width and variance two to
the 5acre minimum GU zoning. Um the hardship would be that we wouldn't be able to use the lot for anything that GU related. Yes. Are you finished? >> I'm finished.
>> You're finished. Any questions? >> What's the plan for the property? They're building >> district one. >> A single family residential home on it. >> Okay. >> Sorry. Go ahead. It's a single uh family residential home >> to be built there.
>> And you just want to keep it zoned. Do you Correct. >> Okay. No questions. >> When was the property split into two partial? >> Uh it sometime in the 60s.
>> Ah, okay. >> No further questions. >> No. >> She just >> step to the side. >> Stepped it aside for a second. >> Is there anyone in the audience who would like to speak in favor or opposition to this variance? Please have a seat for a minute.
>> I'm the neighbor. >> Oh, hang on. Hang on. I raise 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. >> Yeah. Speak into the mic and name and address. >> Uh my name is Luke Gel, 341 Teragon
Street, Cocoa, Florida, and I am the lot next door. >> Okay. Podium's yours. Are you for or against this? I'm for it. I would love to have a good neighbor, but I was just gonna My part is coming up next because I put in a variance
also. So, I'm just in approval for the same thing. >> You're the vacant lot then. You're not the single family home. >> No, I'm the vacant lot next door. >> Yes, >> that was it. >> That's it.
>> I didn't know if you had any questions. >> Just turn next. >> Okay. Yes. >> Want to be approval. >> Please have a seat. Could you uh >> No further questions or anything? >> No. >> Please.
>> I just wanted to ask a question. >> Are you with uh >> No. >> No. >> No. I'm I'm the neighbor on the other side of the gentleman there. >> Please. I have to swear you in for >> Yes. Do you do you swear in firm that the evidence you're about to give to
this board of adjustment is the truth? I do. >> Name, address, >> James Brownie. And I'm 3629 Onidita Street. I'm on the opposite side of the lot that I guess this lady wants to build on. Okay. >> My I don't I'm not for or against. I'm just looking for some information
actually trying to get through the legal ease of they posted the signs on the road, but I couldn't get anything out of that. But is this a 1acre? Um can I can I address her? Do I address you? Is is this a oneacre lot? No, >> it's it's not how
>> since it is a oneacre lot. >> It's a 1acre lot and you just want to put a house on it. >> Yeah, they Well, my boss does. Yeah, he's a builder. I'll build a single family res. >> So, you're just going to put one house on on this acre? >> Yes. >> Okay, I'm okay with it.
>> Okay, thank you. Please have a seat. >> Stay seated. >> Yeah, keep seated. You're good. >> I'm gonna stay right here. >> Oh, maybe not. Hi, my name is Jerry Behringer. I live at 3670 Onid Street. >> Please raise your right hand. I'm sorry.
I'm sorry. I'm sorry. I didn't even see you. Do you swear and affirm that the evidence you were about to give to this board of adjustment is the truth? >> Yes, it is. >> I'm not. >> Please. Are you for or against? >> Well, I came to get clarification on the signs myself
because we weren't sure of the general use and we're a small deadend street of all family homes. they purchased the last three lots. So, we want to confirm that they were going to be single family
homes. Um, and so that's why we came to listen and we started getting information from her. I'm interested on what Mr. Tanner has to say. And if anybody has any information on the 3642
on it, that was another one that's here for today. So, as long as they're all going to be single family homes, the majority of our street are senior retirees and we only have 14 lots. So, we were
just concerned that it stayed the same single family homes. >> Thank you. >> Thank you. >> Is there anyone else in the audience that is for against us? Now, you may sit down. Thank you. You're done.
>> You're done. >> She's next. >> She's age six. >> Oh, you're eight. Just >> There's three variances right beside each other. Two of them and then one across the street that all have the same variance requests.
>> Now do one at a time, though. >> Yeah. Okay. All right. Members, with the pleasured board, is there a motion for this one? >> Go, Bill. I make a motion that we approve the variance as depicted on this survey dated >> 10:14.
>> 10:14. >> I second. >> No further discussion. Discussion. No further discussion. I will read the six. >> And these are all separate that she has on the next one. Right. >> Correct. >> Yeah. Okay. Number one, that special conditions and
circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting
the variance requests that 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. Number four, 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. Number five,
that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, 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
be injurous to the area involved or otherwise detrimental to the public welfare. The board members keeping these six criteria in mind, I now call for a vote. All in favor? >> I. >> Any opposed? No. The applicant for or
the application for the variance is approved. Thank you for your time. >> I'll come back up. >> Mr. Bodie, may we please have the next applicant which is the same? Yes. Item 86,
MJ Coupe LLC, represented by Corey Jones, request two variances, chapter 62, article 6, BVAR County Code for the lot width and a lot size and a GU zoning classification located tax account number 2448
in district 1. >> This is another one. So, we're going to swear you in again. All right, please. Right hand. Do you swear and affirm that the evidence you are about to give to this board of adjustment is the truth? Name, address. >> Yes. Corey Jones, 4352, Blue Jay Place,
Titusville, Florida 32796. >> Podium's yours. >> Okay. So, this lot also doesn't meet the 150 width for GU was split in the 60s. We're asking for one variance to the 300 ft plot width and one to the 5 acre
minimum for the GU zoning um to be able to build a single family residential home there. >> Is this district who's district one? None of us >> doesn't know. >> Do you have any questions? >> No questions. No questions. >> No questions. >> I make a motion to approve the variance
as depicted on the survey with by the applicant with a date of 1014 2005. >> I second the motion. >> Okay. Hading no further discussion, I'll now read the six undue hardship.
I feel like she just did this right. Number one, that special conditions and circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do
not result from the actions of the applicant. Number three, 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. Number four, the literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. and constitute unnecessary
and undue hardship on the applicant. Number five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, 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. Board members, keeping these six criteria in mind, I now call for a vote. All in favor? I.
>> The motion passes. The application for variance is approved. >> Next item, Mr. Bod. >> Mr. Bodie. Yes. Item H7, Luke and Lauren Gale. Request two variances. Chapter 62,
Article 6, Bavar County Code for the lot width and lot size and a GU zoning classification located at tax count number 30311 4 in district 1. >> Hello. >> You're back.
>> Back again. >> Please raise your right hand. Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> I do. >> Please state your name and address. My name is Luke Gel, 341 Teragon Street, Coco, Florida, and I'm the owner of the
property with similar circumstances. Would like uh a variance for the lot width and the rating or the zoning so that I can uh put a single family home? >> No questions. >> Do you have anything different arguments
than the other two before this? >> I do not. Okay, good. Please step aside just for a second. Is there anyone in the audience who would like to speak in favor or opposition to this variance? >> No. >> I make a motion to approve the variance
requested as depicted on the survey and provided by the applicant with a date of 115204. >> I second. >> Motion passes. The application for variance is approved. Thank you. >> Thank you.
>> Seemed we skipped something. That's okay, >> Mr. Bodie. >> No, you have to read your >> Oh, I thought we already read the >> You didn't. >> Oh, no. Okay. Sorry. Doesn't matter. Sorry. Just kidding. We're out of order here.
>> Okay. Undo hardship. Number one, that special conditions and circumstances exist which are not applicable to other land, structures or buildings in the applicable zoning classification. Number two, that the special conditions and circumstances do not result from the
actions of the applicant. Number three, that granting the variance requests that will not confer on the applicant any special privilege that is denied by the provisions of this chapter or other lands, buildings or structures in the identical zoning classification. Number
four, 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. Number five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, 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. Board members keeping those six criteria in mind. All in favor?
Any opposed? The vote is >> approved. >> All in favor say I. >> I. The motion bass is the application for variance is approved. >> There he's long gone. >> Want to take a deep breath and a break.
>> Next, >> Mr. Bodie. May we please have the next applicant? >> Yes. Item H8, Israel and Jennifer A. Alicia request variance of chapter 62 article 6 Boulevard County Code for an accessory structure in an RU-1-9
zoning classification located at tax account number 2727022 in district 5. >> Hello. >> Sorry, my head's spinning. Please raise your right hand. Do you swear and affirm that the evidence you
are about to give to this board of adjustment is truth? Absolutely. >> Please state your name and address. >> Jennifer Alisia, 2140 Todd Lane, Indie Atlantic, Florida 32903. >> Thank you. Podium is yours. >> Okay. So, I am Okay. We purchased the
house in 2019 with a pre-existing shed, no garage. I had the pool in uh screened in and when they went to finish it, someone told them that the shed was not in accordance with
the 7 and 1/2 ft. So, I'm asking for a variation of 1.81 ft because without that shed, I would have nowhere to put any of my stuff since I don't have a garage. Simple as that. That is just I've got
letters from all my neighbors >> and they don't care. >> Chair recognizes Mr. Hoffman. >> Uh just district five five. >> And more than a a question. I just want to make a comment that it looks like you
got the signatures from your neighbors and also a letter here from Miss Smith. >> Correct. Um can't can't hardly and and frankly your request is is minimal. >> Um it's hard to argue with any of that
if if the uh neighborhood is in agreement. >> Yeah. >> Any further questions? >> No questions at all. >> Question. Would you mind just stepping to the side for a second? Is there anyone in the audience who would like to speak in favor or opposition to this
variance? I just want to come. My back hurts. Sorry. >> Please raise your right hand. >> Yes, sir. >> Do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth? >> Yes, sir. >> Please state your name and address. >> My name is Ezra Alisa. I'm address 2140
Tide Lane in the Atlantic, Florida. Uh 32903. >> Are you for or against? >> I'm for it. >> Okay. >> And I spent 24 years in the army. So, I agree. I'm fort. Just wanted to throw that in there. >> That's all I got. >> Thank you. Okay. Thank you. You can have
a seat. Seat. >> I make a motion that we approve the uh application for the variance as depicted on the Where's the survey? >> 1025. >> Survey dated what? >> 102125. >> 1025.
>> 102125. >> Is there a second? >> I second. >> No further discussion from anybody. Notice. >> Okay. Uh, guess what? I may read the six. >> Oh my gosh. >> Number one, that special conditions and
circumstances exist which are not applicable to other land, structures, or buildings in the applicable zoning classification. Two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, that granting
the variance requests it 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. Number four, the literal enforcement of the provisions of this
chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant. The variant number five that the variance
granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, that the granting of 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. The board members keeping the six criteria in mind, I call for a vote. All in favor? >> I. >> All opposed? No. The motion passes. The application for variance is approved.
>> Thank you. >> Thank you. >> Thank you. Mr. Bodie, may we please have the next applicant? >> Item H9, Stefen Properties of Florida, Inc. represented by David McMullen. request for two variances of chapter 62
article 6 Boulevard County Code for the lot width and the street setback in a BU-2 zoning classification located tax account number 2427007 in district 2. >> Mr. McMullen, please raise 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 state your name and address. Speak into the mic. David McMullen, 10 North Bro Street, Merit Island, Florida.
>> Thank you. Podium's yours, sir. >> Okay. Um, so I own a tattoo shop on 520 there. It's uh right next to a Popeye's Chicken and a Wendy's. And >> could you would you mind? >> I'm so sorry. Uh, should I start over?
Did you hear what I said? >> Yeah. No, that's all right. Keep going. >> Just speak a little louder. >> When I first got the building, I'd put a couple lighted signs up at the very top. It's a two-story building. Um they're fairly small and I was having an issue with um a lot of people not being able
to find the building um because there wasn't signage at um eye level. Um, so I went to a sign company and I paid for a u a pole sign, lighted pole sign for the front of the building. And
then after purchasing it, I found out that there was a 15t setback um in the front which I didn't have. I only had I guess 10 ft or so. Um, so I went to a different sign company and they said we could take the faces off and we could apply these to the size of your
building. Um, and so I paid for that. Then they then I guess when they applied for the signs, they found out that the building did not conform to uh, you know, what was necessary to have these signs on the building.
Um, you know, the the building built in 1925, lot was created and platted in 1926. Both predate the zoning code at the time. I'm requesting a variance to the 75 foot width as the property currently has a lot width of 70. I'm
also asking for a variance from the 25 ft side street setback. >> Thank you. Just hang on a second. >> This is district two. >> Miss Clemens, do you have any questions for >> I do. I just want to make sure I understand. Um I'm familiar with the
property and the signs in the second story. Where exactly are you wanting to place them? Um well, I guess are you trying to do the pole or are you trying to do the the signs removed just on the side of the building? >> All signs um attached to the side of the
building. >> Both signs attached to the side of the building, not the pole. We've vacated the request for the pole. >> Correct. Okay. Can you help me with what the two circles are on this on the plan? Like is So I see the two circles that are on
Grove Street, but the two circles are where the the side that's the side of the building that he wants the signs on. >> The setbacks that he's requesting is on Grove Street. The other one, let me pull up. Hang on one second.
you see them. >> So, the variance he's asking for is on Grove Street. The other one has a variance to it on 520. Um, he's also asking for a width requirement as variance number one to 15 ft from the
required 75 ft lot width. But then the second variance is >> the second variance is for the uh building on Grove Street. It's only half a foot from the property
line. >> And those would be on the building, correct? >> Yes, ma'am. >> Okay. None of these are freestanding? >> No. >> Okay. And they are lit or not lit? >> They are lit. >> They are lit. >> Okay. That's all I got. >> Thank you. Yes, sir. department.
>> I I'm just I'm looking at the survey and looking at your your date of 1925. >> This building's been in existence since 1925, almost a hundred years. We're just legitimizing these dimensions that have existed for all this time.
>> Yes, it's already got legitimized uh to the setback off of 520. He's trying to get it legitimized so that he can get his sign put on it because the sign code requires a certain setback whenever it's on the building too.
>> Okay. I was told the original size of the um property has been shortened by 520 with six um six lanes of traffic now. You know, believe some of that's been taken away from the building. >> No further questions. Would you mind
just >> to the side here? Is there anyone in in the audience would like to speak in favor or opposition to this variance? >> No. Please have a seat. >> Members of the board, is there a motion?
Yeah, I make a motion that we approve these uh two variance requests um as depicted on the survey dated >> 11:12. >> 11:112. Thank you. 2025 is it? >> Yes.
>> Okay. >> Is there a second? >> I second. >> Discussion. >> No discussion. >> It's legitimizing existing. >> Oh, look. It's right here. I can't read.
>> Okay, I'll now read the undue hardship or number one >> last time >> that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification. Number
two, that the special conditions and circumstances do not result from the actions of the applicant. Number three, 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. Number four, 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. Number five, that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Number six, 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. With board members keeping
these six criteria in mind, the vote is all in favor? >> I. >> The motion passes. The application for a variance is approved. I' I'd like to address the board also before you close down the meeting. Sure.
We have a gentleman here from Myra who would like to make a public comment to y'all. >> Do we need to swear him in? >> I'm not making any uh legal things here, but >> he's doing a public comment. I will. >> Okay.
Do we need to swear him in? >> No, >> I didn't think so. Thank you. >> Okay. >> Thank you. Good afternoon. My name is Marcus Herman and I serve as the chairman of the Marid Island
Redevelopment Agency. I appreciate the opportunity to speak to you today regarding the board's decision a few months ago to approve a signed variance that exceeded the county's height restriction as well as the recommendations provided by our agency
uh following community input and review. Like to take a moment to provide some context about the Merit Island Redevelopment Agency. Like each of you, our board members are appointed by the county commission and we deeply we are deeply committed to
serving the community in which we live. Our role is to gather input, evaluate impacts and offer recommendations that reflect both regulatory obl considerations and community sentiment.
This includes compliance with our redevelopment plan which has been approved by the county commission. We work closely with the district 2 commissioner that's uh in support of uh the residents within our district.
Over the course of my 20 years serving on that board, our recommendations have consistently been aligned with the subsequent decisions of the board of adjustments. That history reflects mutual respect and cooperation that has
traditionally existed between our boards. Our agency takes seriously every issue that comes before us, understanding that land use decisions can have a lasting effect on our community.
I share this perspective not only as the chairman of the ME redevelopment agency, but as a former volunteer in that position on this board of adjustments. In that role, I found great value in visiting
uh sites, speaking with stakeholders, and seeking as much information as possible to inform thoughtful decision. To my knowledge, you were supplied a memo about the Merit Island the meeting at Maryland had, but there was no further communication from this board to
the Maryland Redevelopment Agency or the District 2 office regarding this particular case. In the future, I believe that increased collaboration and information sharing could be beneficial to all involved and
help ensure the decisions are made with the fullest of understanding. I do acknowledge sincere sincerely to each of you and I thank you each for your volunteer service. I know these roles require time, care, dedication and
your willingness to serve. It is very much appreciated. appreciate it. Moving forward, I am hopeful that we can continue to strengthen communication between our boards, uh, recognizing that we share the same goal, making
well-informed decisions that best serve our entire community. Thank you. Do you have any questions, comments, or thoughts? Please, >> what uh what
what method or or uh and what what method do you propose for that inner communication? >> Well, when I sat on this board, whenever I had a somebody in my district, I went out and spoke to that individual at
their at their home or their place of residence or whatever the case might have been. uh certainly a phone call to have a conversation to understand if I didn't quite understand what was going on. Now, if you're going to follow our recommendation, uh fair enough. You've already felt that's the case. But if you're going to change that
recommendation, I think there should be a collaboration, at least an understanding. I know that when the district 2 commissioner found out that we approved an 80 foot sign here, he was not a happy camper. He didn't even want us to approve a 40ft sign. Now, we
approved the 40ft sign. I personally had gone out on his site and that gentleman had had was a good business partner. I felt he went out cleaned up the site. He he did a lot of things that made our community better along those lines. We told him there's no way we can give you
an 80 foot sign, but you have a 40 foot uh billboard sign there. So, we can go at least as high as that. One of our concerns was if the sign was higher, the light would shine over into the neighborhood across 528. and there was no hardship that we saw that was going
to create that. But we still wanted to be able to help him. We're we're certainly feel like we're pro business at the Myra board. We want to help as long as it's not hindering somebody else. So I I we have never had anybody come to these meetings because like I
said in the 20 years I've been here, every time our recommendations were followed to the tea. Um, and that's true except for a few times on the planning and zoning board also. Um, but nevertheless, I just want some
collaboration. I wanted I know we're trying to all do the best thing for our communities, but we live in Merit Island. The people on the Myra board represent all the residents in Merit Island in our capacity, and that happens to be in our district. So, I if there's something else we can do to
help you with that, I'm happy to be a part of that. back to my back to my question. >> How do you see that that communication taking place? >> I I guess at that point I felt there should have been a conversation, someone
should have picked up the phone and had a conversation with Myra. If they there was going to be a if there's a 40 foot recommendation and we're going to go 80, I think I would have never gone beyond that. I would have had a conversation, why did you pick 40 feet and not the 80 to start with? So, and I'm sure that you
guys talk you all talk to your individual constituents when they have a problem. You go out, look at their property, see what their concerns are to know what's happening. So, that's how what I would think is that you you would have a conversation with someone >> just collaborative conversation. >> Did your letter back then I remember you
a letter came from my maybe this was on a different one. It it was about a big sign for it was 80 feet. >> Yes. And you in the letter said 40 feet that >> correct? Right. Is that correct? >> Yes. We we gave him a variance that we
felt was very generous. We have a number of concerns. The two biggest concerns, one is our our area is getting developed and there are a couple of businesses right down the street right now that are there that sure enough could come back to us
now and ask for an 80oot sign and it's going to be hardressed to suggest, well, gee, the guy down the street got one. I remember that. I remember the lighting issue, too. >> Did we Did we approve the 80 ft? >> So, you both were here when he originally came. >> Yeah, cuz I fought against that cuz Myra
>> he didn't he never presented. >> He never presented. When he came back, it was Dr. Bass and Sonia >> and I agreed with the Myra recommendation and the two of them approved the 80 foot for visibility. >> But I remember the lighting issue and and if I recall, he gave up on the
lighting. It was only going to be a date. It was an option for compromise. >> Yeah. >> Uh I believe there may be some conversation where he may be going back down to a more reasonable height. Uh my concerns are about going forward and I
know you guys are doing the best that you can. We need whatever we need to do from our our part. If we need to be here when those things come up, that's one thing. Uh or if there's concerns, please reach out. We work very hard just like you do to make sure we're doing the right things. And I think if he had been
given a little bit more information and understood a little bit more where we're coming from, maybe there would have been a little bit more uh consensus in how we were going. That gentleman when he left our building was completely happy with the 40 uh 2 feet or 43 ft that we gave him. Uh he was he was uh happy that he
got that. So the fact that he got the 80 was uh surprising to us at the least. >> I was here >> the um >> I remember that. I do remember the I I remember the issue. >> We we do serve a lot more than just a
recommendation board, Bill. >> And >> we really do. >> And as you said, you you sat on this board. Um it's five different districts. And I'll be honest with you, we get applications. I only look at my own district and I'm not throwing somebody
else under the bus, >> but you know, and you can see two people, you know, just couldn't make it and aren't participating here today. It's it's difficult to um to have only this this one forum
right here, right now to to address those issues because we don't I honestly don't uh research the other districts. I only research my own. I think that's fair and I and I understand that and that's why I tell you how much I appreciate the service. This is volunteer position and it takes some
time and effort and I do appreciate the work that you guys are doing. But you have a tool in your toolbox when you're dealing with the Myra board or somebody else. Uh and and I think you can either have some faith or pick up the phone and have a conversation. It had we thought
for one second there would have been any discussion other than what we would have recommended, the whole board might have been here. See, some of the problem is and is there any way Well, I guess that'd be another >> another discussion because we only get these things a week or so ahead.
>> Well, and again, I only research district five. Yeah. In my case, >> generally in the staff comments, we will state that this went through the Myra board and what they recommended. And I think that those also were and I even called them out during the Myra then during the board of adjustment meeting
about Myra's recommendation. Um, so there's also >> do you guys talk to Myra about? >> We send anything that's in the Myra district. We send have to the applicant go to Myra and present it before them before it comes to the board of
adjustment here. So the myra has their recommendations just like they did on the one and I read them into the into y'all to y'all what their recommendations were at the board of adjustment meeting.
Deva, I guess what we're saying is if we could if Myra or some outside agency is going to be involved in what we're doing, we would need to get something. >> We provide that. >> We did get I think you did. >> We do provide that to you shared with our >> No, no, no. I know we got that, but we
only get the paperwork a week before we come here. So there's, you know, that's a lot of >> Well, generally the Myra meetings might be only a week before the board of adjustment meeting. >> Correct. And and I will say I don't remember who made the comment but um the
gentleman the applicant was here advocating for himself and and he asked for the larger dimensions and as far as my perspective all we had was the letter. So in the future you may want to consider
attending in particular if >> if it's an issue that you have concerns about representative. >> We can do that. But again, the last 20 years that I've been on that board, the times it's coming before here, our recommendations held some water. We felt that that
recommendation was there. >> I believe it was considered, but >> well, and there, you know, the point that I'm making is I think when you sit on this board, this is not a knock. This is a a thoughtful consideration that you have to ask those questions to the
people that that are making those those decisions. And had we gotten a call, you would have gotten very complete hard information about why and we discussed this for a good hour at our meeting with this applicant. Uh, and it was it was a
question and we came to a conclusion that we would work with this gentleman some because he's gotten rid of a crack house and done this and done that because I'd gone out and actually visited the property and walked it with him and I thought he deserved some form of
leniency I guess for the hardship of what he was saying he had that was a little bit questionable but you know um so so if we have to be at every meeting we But it does >> well keep in mind whatever has transpired over 20 years is
not really relevant because the board has changed over many times in that time. So they don't have that historical perspective. So I I'm just saying I don't think Myra's viewpoint may be then >> well that might be a county fully a
county paid inter a point a person that might have to come to this board and in this particular case if you're going to do that then you should have >> that I would imagine things I've done at at the Myra board is I've moved those cases up front so that that person
that's being paid can go back to work. um if if if that's what you thinking you need to do. But again, I think a phone call to the district 2 office, you'd have heard straight from the horse's mouth how they felt about it and why they felt that way. Same with the Myra board. So,
>> did you did you watch the video? >> How did that affect talking to them about a case that >> So, you're aware that I am district two and I was >> I'm aware that you're district two and I are aware that you asked a lot of great questions about what was happening. I was a little disappointed that you didn't vote the other way, but I
understood what you were doing. >> But you understand that there's the two women that were here were in agreement for the 80 foot and I would I asked specifically for the compromise. >> It was a 4 to1 vote and you Yes, you asked for the compromise and and thank
you. It didn't go that way. But um so I'm just bringing to your point of the board in addition to your point and it's a good point. Um, I've been on this board like I don't know what four or five years. I can remember maybe two or
three times that the Myra issue came up. And what I'm saying is it it if if we could set a soft procedure where if if there's a myra letter in an application and it comes up for the
board, maybe the board could or the staff could just make a courtesy phone call saying this application is coming up. Give you an opportunity to have a representative there. >> Uh >> and like I say, it's been only like two or three times in the last many years. I I would agree. We don't get a whole lot
of uh you know adjustments that come through our board. A lot of it's zoning changes as opposed to that. >> So I'm happy to try to you know have Larry or Lisa or the staff be here on those situations. But I also don't want to waste county employees time if indeed
you guys are feeling like well this is a no-brainer. Uh the board's voted 50 no against it because it's you know not not acceptable and you're going to go. But if you need somebody to be there for that, then we'll have to make adjustments to make that happen. >> It would help to reinforce your your I
don't know authority or >> I think it's safe to say you're welcome to call me. >> Right. >> Well, you that's your district. Yeah. >> Well, or >> I think that going forward I I'm the purpose of this was that we could work together. So hopefully
>> you won't you'll recognize you can call us and we'll recognize we can call you and we're going to make a better effort to collaborate together on these type of situations for the betterment of the community. Not putting this all off on you, not putting it all off on us, but we didn't get the result that we felt
was uh appropriate for our community. >> And and we thought we'd given information that was going to help you do that. And had we thought that we needed more information, we certainly would have done it. We're going to learn to be more proactive on our end. I'm asking that you guys do the same.
>> What was I gonna say? Oh, if I recall that that hearing, whatever. Um, we only got his point of view. I know we had your letter, but we only got the benefit of the presentation from his point of
view >> and a counterpoint. you can see today in the the proceedings a counterpoint of view carries weight. >> Well, I mean the letters are all parenthetical. You're just reading through the line. So, I mean it's uh um >> somebody voted no and I can't remember
if it was you, Stephen. >> Um it it felt I it felt like the weight of Myra's decisions didn't weigh whether someone spoke it up front or not. I'm hoping that when you get a letter, you recognize that's
that's the position of seven board members that live in Merit Island that have a concern for what's happening. Um, you can assume that that's exactly what you're going to get. You whether you if you think you have to have somebody here to say that, that's one thing, but that letter stated exactly how we felt. Um,
and >> it's I do have one question. be talking to Myra about a case that's going to be here. Does that fall under the Florida law? >> Yeah, I mean that's it's another entity.
It's a governmental entity. Um I don't I forget if you're dependent or or independent. I am confident of anybody on this board special district. So it's another >> can call the the staff not maybe not me as a chairman. That might be sunshine going. So,
>> but that's why it's permissible because it's not the governmental entity >> weighing in. >> I think that's a great question, Stephen. I I don't know, >> but I know they can call staff and talk to staff. >> Yeah, staff. But, uh I I I think it would be under the Florida law, if I'm
wrong, for you and I to discuss a case that's going to be here. >> I think you're probably right. I think it's to assume that. >> I don't think that would have anything to do with the Florida law because you're not on the board. you're not voting on it. If it was a board member, that would be a little different. Is
that not correct? >> But what your concern is, I think, is with interested parties. And so, typically any communication you would have outside of this forum, you would disclose that in the
>> considered collusion of an I don't know. >> I It just seems that to avoid all of that, you just call the staff. >> You call the district two staff. You call the Myra staff. They have all the answers that the Myra board did or didn't do. I I guess we could ask for legal opinion on that, but it probably
makes more sense just to do that. They have the answers. Um, but I wouldn't hesitate to stand up and help share anything that we have ever decided and why we decided it with any of you. So, again, I'm not trying to it wasn't trying to beat anybody. Just trying to
share with you that we tried very hard to work this through with this gentleman and good for him for working it over and getting one over on us. >> You know, a little disappointing. Like I said, I think that in the end he may come back with something different. Um I
hope that's the case. >> Is it an auto park or some >> It's a parking cruise on top of that cruise. >> Yeah, I remember there was something about >> about um people that were going by. how he wanted to make sure they knew to turn and go into his parking lot and all that
>> and he has a you know it's it goes on a little deeper than that but nevertheless uh all we're trying to do is serve our people just like you guys are trying to do with yours. So um whatever we can do in the future wants to help. We want to be a part so if you think we need to reach out to you if there's something coming before you. I'm going to make
sure the staff understands that we're going to call our district 2 representative. Uh and please on your end or anybody else that feels your shoes if you decide to to resign from that, please give them the same tell them the same things that hey reach out to these entities so we can make sure
we're on the same page. >> Okay. Thank you. >> Sounds good. >> Let's go have supper. >> Appreciate you very much. >> Thank you. >> That concludes our agenda today. Also, before you >> declare the meeting of our board county, >> before y'all all leave, I'd like to um
recommend that we have a meeting on what really is a hardship. We did this before about three or four years ago and I think that Bill was the only one who was here at the time and nobody else went through that and maybe after the next U
board of adjustment meeting stay for a little bit so we can go over what really constitutes a hardship on a property. >> Sounds good to me. Yeah. Is >> that okay? We'll reach out to also the other two ladies
>> about it so they aren't surprised. All right, everybody go home. >> Thank you. Appreciate you. That will not be >> meetings adjourned. >> The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county
commissioners of Bvard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or
liability for any defamatory or slanderous statements expressed by any member of the public during any such period. Hey everybody, hey