Everyone, baby. Hey, hey, hey, hey, hey, hey. Wow. Wow. Hey. Hey. Hey. be good. The pledge of allegiance. I pledge algiance 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, you may be seated. Um a unusual
order of business this uh this afternoon. Um our chairman is not present. Our uh vice chairman is a little vocally uh indisposed here. So I'll need a motion from the board to uh assume the duties as a past chairman.
I like to make a motion today to pass on the chair for meeting to my honored colleague Bill Huffman. Thank you. I'll second that. All right. We have a motion, a second. I'm assuming with this small of a a
board today, there's no discussion. Uh I'll call the vote. All in favor say I. I. I. Okay. I will assume those duties for today. Uh as such, I call this meeting of the Bvard County Board of Zoning Adjustment for uh what is July 16th uh
2025 uh to order. Uh, do we have any staff announcements of any kind? No. Okay. Anything from our council? No. Okay. Um, we need to uh approve the meeting
minutes uh from the last meeting. Uh, they were distributed um previously. Does anybody have any corrections or revisions? If if not, I need a a motion to approve. I'll make a motion to approve, please.
And Mr. Homeberg, by silent vote here, will second the motion. Um, all in favor say I. I. Thank you. Uh, meeting minutes are accepted. Um, and so then we will proceed into our uh,
uh, real business of the day. uh Mr. uh which is let's see Mr. Bod could we have a uh have the uh definition of the function of the board please yes Mr. Chairman, the board of adjustment is a quasi judicial body established by the board of county
commissioners under chapter 62, article 2, division 4 of the Bvard County Code. The board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation in chapter 62, article 6 and article 9. Pursuant to Florida rules of
appellet procedure, any person or persons jointly or severally agree by any decision of the board of adjustment property under existing development regulations, personal medical reasons shall not be considered as grounds for an
establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where the land owner cannot yield a reasonable use and/or a
reasonable return under existing land development regulations. The applicant must answer a variance hardship worksheet with six questions. The board of adjustments will discuss these questions today with each
applicant who has requested a variance. Okay. Thank you, Dr. Bass. Um, I will now address our board members, the applicants, and our audience regarding the board procedure for today's proceedings. 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 initial presentations. Once the applicants have completed their presentation, we will begin board questioning with a board member who represents uh the applicants district. When concluded, questioning is open to the full board. The chair will
recognize each board member in turn. Once all board members have committed completed their questioning, we will then open the floor to the audience who may be here to speak concerning the applicant's uh application. Anyone from the audience wishing to speak will be
given to given the opportunity to address the board once be concise and complete. Uh no roundroin kind of stuff. At the conclusion of the public comment, the applicant will be given additional time for rebuttal as well as to present
their final comments. Once completed, no further comment will be heard from the applicant or the public. At that time, the action moves to this side of the bar for a board action. We will not use a timer for today's meeting. Instead, we are asking each
speaker to be concise in what they have to say. It is important that you stay on subject and avoid information um that is not relevant. All persons speaking must provide their name and address for the public record. Those wishing not to
verbally state their address may ask the clerk at the podium for an address card. Uh please fill it out and return it to the clerk at that time. Are there any questions from the board about these procedures? Are there any questions from the
applicants regarding these procedures? Are there any questions from the audience regarding these procedures? Uh seeing none, we will move on to uh begin our uh discussion of the applications. Uh Mr. Bod, may we have
our first applicant, please? Yes. Item H1, DuverX, Bohavio Health, request variance of chapter 62, article 6, Bvoulevard County Code for Offense Height and I inh zoning classification.
Variance applications 25V 000023 located at tax account number 2613 08 in district 4. Would the applicant please come forward and need to state your name and address
for the record and then I will swear you in. Sure. My name is Wendell Normile and the address is 8000 Denver Drive. Okay. Could you raise the microphone just a little bit to for your comfort there? Sure. Okay.
Uh could you raise your hand? Do you swear that the testimony you're giving us today is the truth? I do. Okay. How may we help you? Thank you, Mr. Chairman and board members. Um I am uh my name is Wendell Normile again and I am the administrator
at the Devo Burea facility that's located off of Wickcham and Murell. And uh um just a little history of Devo, we're a private nonprofit organization and we uh provide um behavioral health and um therapeutic services to uh uh to
children primarily. Um we are a 55 acre facility. Um and uh we have been located at that facility uh since 1987. Uh DER is a national organization located in uh Pennsylvania. Um, and they
were actually requested by uh, Judge Fran Jameson and local community members and state uh, representatives to come to Florida to um, open a psychiatric uh,
treatment center for uh, children. Um the reason for the request was that um the intensive level of services that these kids needed were requiring that the kids be shipped out of Florida to
receive uh impatient treatment and uh so uh um the land was that we received was actually donated by the Duda family and uh and we opened in in 1987. Um we're a 136 bed inpatient uh
psychiatric hospital and uh um we have open grounds although the residential buildings where the kids live are locked. Um if you uh came to the campus it looks more like a college campus than it does, you know, an institutional
facility and that's our goal. Uh we want to make sure that the facility is uh as as homelike as we can make it for the kids. Um so the reason kids come to us is for psychiatric uh medical behavioral
and therapeutic services. Um these are kids that uh are courtordered into our facility uh because they have been unsafe in the community. Many of these kids have been Baker acted numerous times. Um most of the kids are from
foster care. Um they've been victims of severe abuse and neglect. We also have kids with developmental disabilities um such as autism and so they have severe um behaviors that we um they come to us for treatment so that we can stabilize
them and get them safe to return back to the community. Um the uh facility was originally um and uh located here was built in the middle of nowhere. Um so back in 1987
um the only thing in this area was Sunry, the 7-Eleven, and the road going to 95. So we were originally surrounded completely by woods. So uh over the past you know you know many years the
community has grown up around us. So now our facility is actually surrounded by uh you know businesses and other uh um locations. So so we're essentially our 50 55 acre property is completely uh
surrounded by them. So that is the reason for our request. Um, we're we're wanting to install a 10- foot high fence around the facility and uh for the kids safety. These are high-risisk kids.
They're runaways. Um, they're kids that have been uh commercially sexually exploited. Um, and so keeping them safe in the in the facility is is a priority for us and
that is the reason for our request. Okay. District 4, which uh district 4 representative is Dr. Bass. And you have the floor for questions. All right. Uh I toured the fence line
with Mr. Normal. Uh and we did briefly discuss the limits of the current fence containment. And as he said, currently among the court ordered children in attendance, uh they do have two runners.
It is well documented online that after an escape, the Bvard Sheriff's offen office is often called at night to track the children. And in some cases, the sheriff's department has
used the sheriff's helicopter for lighting wooden areas outside the facility. It is dangerous for children running in the dark and it is expensive for the Bvard taxpayer to pay for the sheriff's
office intervention. As stated in the variance forms, the request for this fence extension is for the safety of the individuals
served, the children. So, I don't have any further questions. I just wanted to reconfirm what you've said and make some comments. Thank you. I do if I can get it out. I try to use
turn turn. Okay. Good job with your behavioral problems. Uh do you have two separate facilities for autistic children and for uh people in that category and people in behavioral they're two different things?
Yes and no. So, we have units that are specifically for developmental disabilities and then we have units that are primarily for what we call emotional behavioral disorders. Um, but there's many kids that are in between or they have co-occurring
disorders where they may have um uh like mild developmental disabilities but then have that in combination with mental health issues. So, um so yes and no. So my my question would be to you you want to have this fence around the whole
place, right? Because some children are a little different for behavioral and autistic when we're talking about a a large thing here, you know, and they view them different ways. Yeah. And if you don't have separate areas,
I'm a little confused about that. Although that's you, not me, you know. I'm just concerned about the fence. Uh, has there been some escapes lately? So, we have a lot of kids that when they're upset, they will run out of the
original area that they're located and they will remain on property. Um, but we do have two kids right now, um, as Dr. Bass noted, that are actively trying to run. So, um,
and so we get that periodically. These kids have a long history of being out on the streets. Um, you know, they've run away from dysfunctional homes and lived on the streets sometimes for years at a time. Um, so that in some ways is like a
coping skill for them. Um, and treatment, you know, can be aversive because, um, you know, having to address the issues that got you there are hard for the kids. So, um, while we're trying to get them bought into treatment and stable, um, we do run the risk of having
kids that will attempt. So, you basically just want to raise the fence 2 feet all around. Correct. So, we didn't have the fence previously. Um, we had filed for a building permit, which was approved. When we filed for the extension, it was noted that we
needed to get a variant. So, the fence is uh that was installed was installed with a valid permit. And when we filed for the extension at six months, that's when we were notified we needed to request a variance. And what kind of fence are we talking about?
It's it's not chain length. Um it's a no climb fence. It's um it's very unobtrusive. There's only a few spots where it even is close to our property line. Um it's a black uh fence with
small mesh, no barb wire, no sharp um items at the top. Can the children see through it? Yes. Yeah. Okay. Thank you. Good. Yeah, if I may. Oh, also when I was touring,
uh the fence is, as you said, non-intrusive uh actually and it doesn't have any sharp edges, but a person cannot climb it. It's not like a chain link where it actually has holes that you can climb the fence. So, it's very protective, but yet it's not attrusive.
I didn't think. Yes. Okay. All right. Um, that concludes board questionings. I I need to do a procedural thing where I ask the audience for sure. Uh, any comments and just take and you
may not even have to go anywhere. Is there anyone in the audience who wishes to speak in favor or against um this application? Seeing none, any uh final? No. Okay. Please have a seat. Thank you.
All right. Um, I need a uh motion from a member of the board uh for against this application. I think Dr. Bass, I'll make it. Uh, I make a motion to approve the variance as depicted on the survey provided by the applicant with
the signed date of 0508205 by Allen and Company. Do we have a second? I'll second. Okay. So, we have a motion to approve uh by Dr. Bass, a second by Mr. Holberg. Um
I think at this point we open it up for any discussion. I think you've stayed a lot, Dr. Bass, and yours. Um Mr. Holberg, you you seem hesitant. What? Sorry, but I'll pass. No, I'll pass. I'm fine. All right.
Okay. Um so we have a a motion to approve um and a second. Uh we've concluded our uh discussion. As board chairman, I need to write read these um six uh conditions
for a a hardship variance or I'm I'm sorry, the six conditions for a variance that special conditions and circumstances exist which are not applicable to other um excuse
Never mind. Yeah, I'll get it off of here. My uh my own notes are not complete. Okay. the special conditions and circumstances exist um which are not applicable to other lands, structures or buildings in the
applicable zoning classification. That special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is uh denied by the provision of the chapter to other lands, buildings or
structures in the identical zoning classification. That literal enforcement of the provisions of this chapter would deprive the applicants of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and
will not constitute unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure. that the granting of the variance will be in harmony with general intent and purpose of this chapter and
that such use variance will not be injurious to the area involved or otherwise detrimental to public welfare. With those six criteria in mind uh ask the board members uh for for their vote. All in favor say I. I.
I. Any opposed? Uh no. No. Okay. uh that passes unanimously and I just as a personal note I'm employed in that area and I've driven by your sign for the last four
years almost every weekday and now I know what it means. Yeah. God bless you for your service. All right, Mr. Bod, may we have the next applicant, please? Yes. Variance item
H2, Peerless Vision Property LLC. Request two variants. Chapter 62, Article 6, Bavar County Code for maximum fence height and structure setback in a BU-2 zoning classification. Variance application 25V000025
located at tax account numbers 24269 23 and 24269 in district 2. Okay. Uh, the applicant, please come forward, please.
Your, uh, District 2 representative, Jennifer Clemens, is not here today. So, as chairman, I will assume her interim duties for, uh, uh, as as her district uh, rep. Um, could you state your name and address for the record, please?
Hi. Uh, my name is Dr. Romaya Goff. Address address is 2799 Windham Way here in Vieira, Florida. Okay. 32940. You raise your right hand. Yes, sir. Do you swear that the testimony you're giving us today is the truth? It's the truth. Yes, sir.
May, may we help you? Uh, yes. So, the reason that I'm here today is to request a variance to install a um nonopaque aluminum fence instead of the standard 4-foot fence uh around the properties on Merit Island.
Um the reason for this, the primary purpose is to h enhance safe safety, security and privacy for our patients, uh our families and our staff. Um we have an overwhelming number of trespassers who cut through the property
going from 520 to Magnolia. Uh we have vandalization where trespassers have climbed up on the back of the building and knocked out uh a plated glass windows. Um trespassers come onto the property at night. They
park vehicles below the building and participate in inappropriate behavior. Inappropriate behavior varies from drug use to sexual activities to just destroying property.
All of this has been documented on camera. We have footage. Uh we've called the sheriff's department out on multiple occasions. Um my employees, they have a concern parking below the building and in the grass lot during early morning hours and
in the evening hours uh especially during sa uh daylight savings time because it's very dark. Um my staff is uh comprised of about 15 uh ladies, young ladies and uh often they
work in that building by themselves. Um and they will call and say there's someone under the building and I can smell smoke or I can hear something going on and I'll ask them to call the sheriff's department. Um me myself, my wife, she's also a
doctor. uh we will go there on the weekends to do upkeep on the property and we have a number of people who will come and camp out. They'll just hang out. If we ask them to leave, they will get um vulgar. Uh they'll get aggressive. Um one gentleman said, "This
is not your property. This is God's property and we can do whatever we want." Uh we had uh a family on the dock just maybe two weeks ago where we had to call the sheriff's department uh just last night and I have footage on my phone I could share with you where there was a
gentleman on the back of the building with a pipe and I hit the alarm on the uh ring camera and he looked and he shot me some birds and then he walked away. And when I went out in the morning, um
he had taken the lights from um a part of my my my lights for lighting up the dock. He took the um power supplies and you're like, "Oh, well, no big deal." Well, you can't buy the power supply. You have to buy a whole new
string of lights. The lights cost $800. That's just one instance. The plated glass that we had to replace cost me about $40,000. Um, it's been about two years in the making, but we're getting the windows put in, uh, fiber windows and doors, you
know. So, I mean, it's taken a while to do it, but we're getting it done. Um, public safety, uh, the fence selected is uh, an aluminum non-opaque decorative fence uh, with small gauge pickets. Uh, this style of fence will deter
unauthorized access while maintaining a welcome and professional aesthetic. It'll provide an added layer of protection for our patients, their families, and my staff along the busy roadway. Uh we had an instance where um
and I don't know if you saw the photographs that I I emailed to you, but I have uh photographs of my parking lot. The vacant lot is primarily used for parking for our patients. We had an instance where a mom was getting out of her car. Some kind of toy, I think it
was a ball rolled out into 520. Her little kid almost ran out into the street. The mom came to me and said, "You got to do something because what you have isn't good enough uh as far as keeping people from going out into the street. My wife, we have a four-year-old, we have a 10-year-old. My
wife said, "We got to do something." So, we've had the property for some time, and that's kind of what made us act on this. Um, let's see. The reason we want the fence is because we want to deter trespassers from parking below the building after
hours and during the day. Um, no impact on the neighboring properties. Uh, the fence will not impinge on neighboring property lines. Uh, it will remain entirely on our legal property. Uh we've taken care to ensure it will not obstruct visibility or interfere
with traffic or the pedestrian flow. We've also made sure the fence will not obstruct the views of the river. Um as far as design design and aesthetic, we're committed to using materials and design that align with the aesthetics of the community. Across the street from us
is a business called The Boat Shop. They have a similar fence um similar height, exactly the same fence and the exact same height as what we're asking for. Um there is an apartment complex next to us and they have a similar style fence as well. Um
the fence will be visually appealing, well-maintained while enhancing the overall appearance of the property. Uh I've contacted the Florida Department of Transportation. They had no reservations with installing the fence as highlighted
in the documents I forwarded you. Um, I've talked to the sheriff's department and the sheriff's uh said that it was a great idea to cut down on the calls that we've made to them. Um, we've talked to Myra and Myra uh were in
agreement with moving forward with the fence. They were very familiar with the property. They're also familiar with uh the situation at hand. Um, that's all I have. Okay, your uh your application arises in
district two. As I said, um Miss Clemens is not here today. Um so I'll begin the u the questioning. You say they park underneath it. Is this is this a second floor uh with a basement underneath?
Yes, it's a unique building. Uh the building is a three-story structure on stilts. Okay. And the way the property is set back, um, there's really no grass between with the building. There's no grass between the roadway and the actual
building. It's all uh driveway and cement, but you drive underneath the building on one side, on the north side, and then you exit on the south side. So, you will have kids and adults on skateboards who will just decide to go
down and come up on the other side or they'll just use it as a cutthrough to go to the grass lot and then they'll cut through the grass lot to get to 520 and then go over the bridge. But yes, it's uh uh it's on stilts. Okay. Have you applied for a building
permit and they said you needed to come in to get a Yes, we've talked to u I forgot the gentleman's name but from permitting and he said yeah you can apply but you need a you need a variance and u I talked to Myra cuz at the time this was years ago we were uh applying for a grant and they said
we see what you're trying to do and we think it's a great idea but you're going to need a variance. Okay. And the reason for the variance is because given where we are uh typical the fence height according to code is four feet high
and uh when we called several designers to come out for fencing they said four four feet really isn't going to keep anybody from coming on your property. Um even when I spoke to somebody from permitting he said well why do you want a fence and I let him know and he said yeah this is something the variance
board would like to hear because you're going to waste your money. People are going to step over that 4ft fence. Okay. Um I notice that there's a at least from the aerial photo there's a boat dock. Yes. Is that associated with your It is.
Okay. And I I sort of Okay. And so you're going to put a gate there. Well, it just shows the property. Um which is fine. It It's irrelevant. Okay. May I share something with the board?
Yeah. If Well, I would prefer that you didn't do it off of your phone like that because we can't put it into the record. I'll email it. This is just from last night and that's why. Okay. But you can email it in, but it'll be after the Okay. proceedings. So, it's a picture of the gentleman with a a
pipe. And I'm like, well, it makes no sense. We we we swore you in. You said you were going to tell the truth, so we're going to believe whatever you tell us. Thank you. Um, that's all the questions that I have. Is does any of the other board
members have a a question? Yes, doctor. Yes, ma'am. I have a few. Um, in the in the variance form, you use the term uh the double frontage lot
and I've been to the property. Now, if I can hold this picture up and you've seen this, this is the one that we have, and you see the yellow line around the entire property. The existing fence right now is a two rail Mhm.
fence, which is on uh State Road 520, Magnolia Avenue. Yes. On the driveway that goes under the building, right? and then along the back side which is on the river side. So
those are the four sides. Is that where this new fence is going to be? It would be a direct replacement. It's a direct replacement. So therefore the new replacement does not protect the underground parking. It would how because right now the gate when you
come off Magnolia is immediately turned to the right. That's where the gate opening is. And then there's that grassy area where people park. And I drove down underneath there and uh underneath the building and that's total access in and out. There's
no fence around there. That's correct. Yes. Right. So, we're talking about Okay. Where is the fence going to be? Because you just said it was going to be where the existing fence is. Well, there for that property. There's two separate properties. Well, that's not what the variance form
says. Um, it says the double frontage lot. So, there's two lots. There's Well, it doesn't say that in your form. That's my point. You're only talking about, at least the way I read it, you're only talking about replacing the
fence that exists right now, which is a two rail metal fence. It's not chain lick link. It's just a two rail fence. And then we're also wanting to construct a fence in front of 455 Magnolia Avenue, which
is the property next to it, the second property. Then you want this fence on two properties. That is correct for both properties. That's not what this variance asked for. That is what the woman who helped me fill it out stated I needed and that is
what the person who when we submitted the application for the permit said I needed to do. I understand. Okay. And that's why it has the two different tax accounts because they're two different properties. Yes. And that's what's causing me a question. Okay. Because I don't want to
approve a variance that is not in your mind what is on the paper. I understand. So right now it says that you've got four sides. One is on State Road 520, one is on Magnolia Avenue, one is on the
driveway side, and the other is on the river side. And that's you pull in to your right and you park on the grass. That's may this variance is about. Okay. So, what I applied for was a
variance for a fence around the vacant lot. It doesn't say that in the variance, at least the way I read it. and then a another fence or it would be one complete fence that goes it seems like we may have to have a
revision here. Uh now the the rail the fence as I said is a 4ft fence existing right now has two open rails just two rails metal rails and you're going to put in a chain link fence. No, it's an
aluminum an aluminum fence. How high? Uh 5 to six feet high. And is it solid aluminum? No. Um it is a nonopaque uh fence. So it has I'm concerned about the traffic that is
coming off of Magnolia Avenue and making a right-hand turn onto the State Road 520. Your fence is on the left and that's going to be blocking the view of the oncoming traffic. Uh it will it will not this is the style fence. Okay. So it
is see-through. All right. And we did talk to the Florida Department of Transportation and then we did talk to Myra and we talked about those concerns and they said that they approved because even when you go to Edgewood and some of the other schools that are on corners, this is the style
fence they use. And he said this was the fence to go with. All right. And also behind you, those are all mangro tubes along the river there, which is on the river side, which of course those are endangered species
trees and have to be maintained by the county and all that stuff. So there has to be access to that. So that's not going to be the current fence doesn't block that. So you're going to follow that same. We're not placing a fence along the river. The fence is just along the frontage.
So even in front of the building, if you look at, you said you went underneath the building. It did. There are two driveways that go below the building. One going in and one going out. Yes. So, the gate would go across that area. You also noticed that you have
electrical outlets there that are just on the building which are rather tempting to people that are just walking through. You notice that, didn't you? I noticed you have a lot of outlets there. Oh, yes. Yes. People can just come in and plug in their hot plate, their cell phone. You know, you you bring that up. We had
a family who was staying underneath the building with the high plate. Yes. Yes. That was what's bringing up my question. I don't think this variance as written is clear that you're going to extend the fence around the building. It appears
the way I read it and when I looked at the property that you are talking about replacing the existing fence, not extending the existing fence. Okay. So, in our reason for request, it says we are asking for an aluminum fence
to secure our office and the adjacent parking lot. The adjacent parking lot, which is what I'm talking about, and the office uh comes up next to that. So, I I didn't know how to interpret that. Okay.
I just don't think that this variance request is written covers what you want to do. I'm How should it be written? I'm I'm pleased with the you can see through because I was very concerned
about the traffic coming off Magnolian trying to turn on to 520. Right. And um but and then uh if you do extend the fence Mhm. to surround the building, then that takes care of the issue that I was
thinking about of all the electrical outlets which tend to just draw people anyway. You know, if I if I'm walking along the street and need my cell phone charged, I can walk up to your building and just charge up, right? Which is then I'm a vagrant. Well, yeah. Well, below the building
there are four outlets and you know, but just like on your home, you have outlets on the outside of the house so you can have But it that doesn't solve the problem which you are talking about in these variance forms about having trespassers.
That's a draw to additional trespassers. Okay. Yes, please. Um, in the P in the packet, I don't see a sketch of the fence outline unless I'm there's a survey and
there is a um the plat that shows the original property and we have some aerials and um you know some maps that show the the area and having not seen the property and
um I'm a little confused. with the description going back and forth here exactly where the the fence is. I right don't know if there do we do we have any other documents that may have come with this that show the
location of the fence on a sketch you support documents I can show you where the existing fence is but it's it's not legal I mean I understand what you're saying but I see there's a a map of the boundary
survey and the plat. Is there something else besides that? Well, as I st when I click on the applicant supporting documents, there's a where in the packet where his photographs are. See, I I don't have that.
And it's a it's purple where he's outlined where he's putting it says remove current rail fence and replace with aluminum non-opaque 6 ft fence. See photo similar fence style.
If I may, you're saying replace the existing fence and the existing fence does not surround the building. May I? No, ma'am. that this is on lot two which fronts 520 and then turns on Magnolia Avenue.
We we are dealing here with just what's in the packet. We don't have that extra stuff that you are looking at online. Is there a way to quickly print out that sketch that you're saying that shows the location of the fence? So, my
understanding is admin services sent it to you after the packet had already went out in an email. They've approved it. Can Can I Can I just mention one thing because uh Dr. Bass brought up a good point. I just want to clarify
uh this drawing here. Okay. Uh Myra wanted to see how f how close the fence would be to 520 and the Florida Department of Transportation wanted to see how close the fence would be to 520. So that's why I provided this uh sketch
of the property. This is actually um a survey of the property at 520. What what I would ask Can you put that on the overhead? Yeah, I was going to say and we'll put that You say it's already in the record microphone. Mhm.
Just lay it down on there. I think you may have to Oh, right here. Oh, it's over here. I'm like, I don't see anything. Oh, that's why that Okay. Yes, that's the photo I'm talking about. That's okay.
In our packet. Okay. And that was provided because um Myra wanted to know how close it would be to 520 and they asked about the corner uh because of your concern coming off of the bridge. Exactly.
And we sat down and we discussed it and I called the Florida Department of Transportation. I spoke to someone named Mr. Meta and Mr. Meta said that that corner as long as it was set back about 10 ft from the corner, he said it would
be uh in alignment with what they have at the schools. And Myra looked at it and they said that's fine. We didn't dis we did not provide a survey and an outline for 455 Magnolia because they did not have any questions about it.
That's true, but it's not clear here. And I'm concerned that if you start this building process, you may make sure you have your mic on. We can't hear you. It is. It is on. Yeah, it's on. Just pray. Okay. Uh anyway, there may there may be some push
back or questions because if I look here, it shows this way the purple line, but it doesn't show along the river. It it will not be going along the river. It's not going along the river. It's just going along 520 and then going
along Magnolia in front of the building just like he states in his application. It's not on the river side at all. No, it will not be on the river side in the application. Going to prevent trespassers from coming in. That's the point. Right above your head. Yes.
Right uh to your left. Yes. There are a lot of trees in there and some mango trees and they're easy to walk through and get through. You can walk right off the sidewalk on 520 and go right. Now the fence that you have existing
comes it comes down vertically follows the same line comes down and then stops at the driveway uh where the where the entrance is into the building. I think it's here somewhere. Right. So, the fence
that you have is is a foursided fence. What this shows is a two-sided fence. The fence that we have right now is it's four sides. Three sides. Well, okay. It's It's this. Yeah. And that's So,
can you pan up or Yeah. So, I don't have a pointer. I I was trying to use Yeah. down here. Yeah. There's a fence that goes right across here. Where is the building? The building is
up here. No, the building is actually on another lot. This is the driveway. That is a those are pavers that we put down so that people can drive onto the grass lot and park. My point is the fence that you have
existing does not protect the building whatsoever. That is correct. And that's what it says that you in when I read this variance, you are replacing the existing fence which does not protect from transients to get to the building and the
underground parking. Okay, that's my point. And so can I just I don't understand bring up this image here. I think that this is not clear that I understand what you're trying to do. I just don't think this says it. So if you look at that image, may I interject?
Yes. You don't have the entire packet there. They are talking about additional um documents that are in the record. Okay. That are not presented to you here. So I I I agree the paragraph standing alone
by itself may not be fully all the pictures. Yes. Can you put up picture number three that shows the papavers? I have them out of order. There it is. There. Yeah. Okay. there. See the fence? The fence is
over here. You can Well, you kind of can't see it, but you turn here and there's a car parked there. And that's the area that's that I thought was going to be fenced because that's the area that has the fence existing. You can drive off Magnolia and go straight down
underground this way, but that whole back and the building is open. So, right now, I'm not concerned so much with the back of the building because if you look at the photo there to the right, you can see how thick those
mangroves are. Okay? And what the sheriff's shared that thick and what the I've tried to go through myself, okay? And my wife tried to go through and she said, "Hell no, I'm not going through there." Okay? So, it's thick. Uh we I have pictures. I can even show you pictures from
Well, I was there. I walked through it. you're brief. Um, that is the entrance to get below the building. You go down the driveway and to the left. Okay. And off the back is where the dock is. Yeah. Now, if you go down and to the
right, you go to the grassy lot. If you go down and to the left, you go below the building. Building. The fence that we're talking about constructing goes in front of to the south of the 520. Mhm. along Magnolia. And if you look here,
right, it goes down in front of the building. Yes. Okay. But the building is totally open. Yes. Now, as the police department or the sheriff's department said, there's no way to keep people off the lot 100%.
Okay. No. But to keep kids from driving and parking underneath the building, to keep adults from parking in up underneath the building, to keep people from coming from the south side of the building on skateboards, cars, bicycles, driving
underneath the building and then trying to cut through to go to 520. They said a fence with a gate in front of that driveway that's right in front of us and a gate in front of the driveway to the south of the building. three-sided fence is going to protect you.
They said it would cut down on traffic. All right. A lot. A lot. We're not looking for a 100% solution, but right now we have to do something. Okay. Thank you for that discussion and description. Okay.
Mr. Holberg, do you have any questions? Uh, I I also don't. I need to do a procedural thing with the audience. Is there anyone who wishes to speak in favor or against this application? Uh seeing none, thank you sir. Okay.
Uh we will take the action on this side. I just wanted you to see. No, we appreciate that. And th those apparently are in the record. They we just weren't provided. They're not available to us right here right now. I understand. That's that's fine. Okay.
Okay. Uh we move to the part where asked for a motion to approve or disapprove. Uh, you have first opportunity or whichever way you want to do. I'll pass it. Go ahead. Well, I can't make a motion. So,
um, all right. Hang on. Find this thing. You got to say does depict it on the survey, but uh Yeah. Which one is it? Two. Are we in two or three? Uh two. Two. Two. Yes. I'd like to make a motion to approve the
variance as depicted on the survey provided by the applicant with a revision date of 918 2021 and 58205. Okay. Do we have a second?
Um, as as chairman, I cannot make a motion, but uh I can uh make a second and I want to do that for the purposes of continuing this discussion. You can have a seat. It's moved to our side. So, we
have a motion to approve by Mr. Holberg. We have a second by the chair, Bill, uh, Mr. Huffman. And I open it to board discussion. I Dr. have asked, you have anything more to I don't think I No, I don't have
anything more. Uh, it did help to clarify it and uh to have this discussion because I I had an awful lot of questions when I went down and looked at the property. I just couldn't see where the circumstances of the way I was reading this variance that it was going
to to solve any issues with the with the issues that you have of the people that are coming and trespassing on the property particularly with the open area underneath which is what reason why I was talking about the draw of the electrical outlets that type of thing
right I mean that just draws people uh to come and can use they It gives them something to use, right? They can start using their cookout. You're not You're not in debate with the applicant anymore. Okay. Okay. It's It's fine, sir. We're not in debate
with you anymore. Okay. I'm sorry. I'm sorry. Um, anything? No, that's it. I'm done. Okay, Mr. So, when you were there? Yes. Alls is replacing the fence. They're not
enhancing it. Correct. No, that is not correct. They are enhancing the fence and they're extending the fence, which was not clear when I was reading. Okay, I got you. Okay. All right. There is a two rail foot 4ft fence,
which is very easy to see through when you're coming off Magnolia looking down 520, which is why I was asking the question about the composite of the new fence. And then the reason why I was asking if it were surrounding the building on the water side is because
see that's open and the issues were that they have people that are coming onto the property and vandalizing things and if it's still open. Okay. Okay. Okay. My only comment is that I
don't know if as a zoning board or zoning adjustment board um we are to judge the effectiven effect effectiveness of what the uh applicant is asking for only if it's detrimental
to the neighborhood or or somehow you know diminishes the uh commonly enjoyed by other properties in the identical zoning classification under the provision visions of this chapter and will constitute unnecessary and undue hardship on the applicant.
That the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure. That granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or
otherwise detrimental to the public welfare. With those six six criteria in mind, uh I will call the vote. All those in favor say I. I. I. Any opposed. The motion passes unanimously and the application is
approved. Okay. Thank you, Dr. Mr. Abod. Mr. Abod, could we have our next applicant, please? Yes. Item H3, David J. and Maria A. Hawk requests variance of chapter 62 article
6 Boulevard County Code for required lot width and BU2 the zoning application. Uh the variance application is 25V000027 located at tax account number 251293 in district 2.
Thank you. applicants, please come forward. Uh, adjust the microphone as you need so that we clearly get a good record. Yes, sir. And first off, name and address for the record. This is my husband Dave. I am Marie.
Sorry, nervous. Uh, Maria Hul. We reside at 520 Milford Point Drive, Merit Island. Okay. And your name for the record? Full name? Dave Hul. Dave Hul, of course. Could you raise your right hands, please? Do
this together. Um, do you swear to tell the truth to the uh board today? Yes, sir. Okay. Go ahead. How can we help you? Yes, sir. Uh, good afternoon, chair, and board members. Thank you for considering our request to
approve a variance to the lot width of 685 Aelia Avenue. The variance would allow us to construct an office building for our business cyclone transportation.
Without the variance, we would not be able to improve the site with a new office building. We respectfully request approval and I encourage the board to see that all six hardships have been met with our request.
Number one, the structure was built on the property in 1952 and the site was platted in Bard County in 1953, creating this property with a 61 ft lot width.
The BU2 zoning code was established in 1979 and has been amended many times through 2018. At some point during that time, the 75- ft minimum lot width was established,
creating a special condition on this property that is not applicable to most other lots with the BEu 2 zone. Number two, the site was originally platted and constructed in the 1950s and
the zoning code was established 30 plus years later. The property has never had a conforming lot width in the BU2 zoning requirements and thus this circumstance does not result from our actions.
Number three, there are no spe special privileges associated with granting the variance that we are requesting. On the contrary, without granting the variance, we would have little to no use of the property for an office building
that is permitted use in the zone. Number four, the literal enforcement of the lot width would deprive use of the rights enjoyed by all other properties in the BU2 zone.
Not allowing us to improve this property would constitute unnecessary and undue hardship as we would not be able to update the building or do anything on the site. Thus, we won't be able to submit a site
plan for review number zone. This would allow some much needed improvements to this site that is located in the Merit Island redevelopment area.
The Merit Island Redevelopment Board reviewed this variance request on June 26 and supported this variance with a unanimous 6 to zero vote. They are excited to have this site improved.
Because we have met all six hardships, we are asking for your approval this afternoon. I also have a letter from our residential neighbor to the north that I would like to share with the board. May I approach the board with the letter
or show you on the Yes. And then we'll need a copy for the to for the staff to put into the record. Yes, sir. And you're doing just fine. Thank you. Oh, I thought you were going to give us
a paper copy. Yes, sir. May I approach? Oh, yeah. Of course. Yeah, that's fine. Letter in favor. We'll put that into the record. Thank you. Okay. Okay. That it. Yes, sir.
Okay. Um, it's district uh two. Um, the only question I had, this is a standalone property, right? I noticed that there's a a uh building to the south. It looks like from the aerial photo there's a
boat and stuff. There's this isn't connected to another business in that area. This is an extension. So, this is standalone. Yes, sir. Yeah. Okay. And uh as you say, it was plotted and built way back before all the widths and stuff
changed. Um and the it's a little obscured by the way the aerial map from the property appraiser. Um, but it looks like it comes in a driveway off from the east
uh off of Aelia. That's the only entrance. And what did you say the purpose of the building was going to be? An office building for an office building. Yeah. Okay. An office building for I thought I heard auto somewhere in there.
Cyclone transportation is Well, because it's transportation. That's what I was thinking. Okay, no problem. Um, those are my questions. Dr. Bass, you answered my question and because when I looked at this, the first thing
that came to my mind was, do we have a letter of consent or no letters of concern to the people that have the property to the north because it's very very close. And when I'm looking at the picture, I think, is that
a driveway that is between the two build? I couldn't tell. So the letter solved that that answered my question. So if they don't care, works for me. Thank you. One one last question. Are you going to
fence the outside of this or is it fenced already or? It's fenced already. Okay. I'm not sure if it's our fence or their fence or it never is clear. Anyways, but it's fenced now. It's fenced. Oh, there's no cross
access, right? Problem. Okay. Um, I have to do a procedural thing. You could probably stay right there. Is there anyone in the audience who wishes to speak in favor or against this application? Seeing none,
um, any last comments or anything? I don't think so. Thank you for your time and your service to this community and county. Okay. Excuse me. Did you have one more question? No. Oh, okay. Thank you. Please have a seat.
Okay. Um to proceed here, we uh we need a a motion to approve. Motion. Dr. Bass makes a motion to approve, but you need to go through the whole Yes. I make a motion to approve uh
as depict on the survey as on the survey as depicted on the survey provided by the applicant with the signed due date of 0829254 not 25 24.
Do we have a second? I'll second. Okay. So we have a motion by Dr. Bass, a second by Mr. Holberg. Um, do we have any discussion here amongst the ourselves in the board? That's a good one. All right. So, part
of my duties here as chairman is to read out the six criteria. Um, that special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. that the special
conditions and circumstances do not result from the actions of the applicant. That um that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings, or structures in the identical zoning
classification. That literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue
hardship on the applicant. That the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure. that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will
not be injurious to the area involved or otherwise detrimental to the public welfare. With those six criteria in mind, I will call the vote. All in favor say I. I. Any opposed? The application passes and uh I'm sorry,
the motion passes and the application is approved. Mr. Bodie, could we have the next applicant, please? Yes. Item H4, Edwin J. Kaio. Not sure if I pronounced that correct.
Request a variance of chapter 62, article 6, Bvoulevard County Code for an accessory structure in an R RMH-1 zoning classification applications 25V 000. Oh, well, what? It's a variance
because I got a structure in the front of the house. cuz I put my house in the back of an acre lot and unaware that I couldn't do anything with the front without getting the variance until I found this out later.
But that's what my variance is for so I can have my I don't have enough room in the back and well I did until I had to put a new septic system in. So, but uh it's for my
to house my tool, my motorcycle, and it's low awning that I work underneath. Okay. But basically, that's what it is. Your application arises in district um three, which is represented by uh Mr.
Holberg. And you have the floor for questions. Thank you. Thank you. How are you? All right. I was actually uh past your house and uh on the dirt road that goes in, right? Your manufactured home's way in the back
on the left. Correct. Right. Correct. And then you have up front you have a uh car, I think, with a trailer attached to it and some other things. Right. And in the center uh in front of the pump house. Yeah. Is is that what you're talking about?
Right. Right. And it's it's shipping container. How long's that been there? Over 20ome years. 20ome years. When I bought the property, I think I I bought it in 2003.
Does that have any power to it or anything? I have uh Yeah, I do have a little power to it just for the lights and stuff. That runs off my main line. But I have to get the variance and I'm
going to go for the permits and everything. Okay. Can we code enforcement states property owner has an RV with people living in it running electrical cords from the main structure. Shipping containers is unpermitted as being altered for an
additional residence. Uh roof, electrical fence, plumbing all done without permits. property owner is also leg illegally dumping raw sewage in a shared ditch and was reported to environmental health.
Does it say if that's the ditch that's out front on I'm not sure. I'm just reading what's on the code enforcement and stay with your wife in the summertime. And how long have you lived here? Most of my life. Most of your life. up north
in the same area. Uh yeah, in North Indian River County and forward there. But at that address, how long have you been? Well, I put the double wide on it. What in
200? No, I mean, uh 21 or 22 when I got the You're talking about the the house in the back, right? Right. I have two of my neighbors here and the other one I got that RV out of there and
all his stuff. It took me over a month to clean up other stuff that's there. Put there before I even had permission. I didn't give him permission to put code enforcement action. Has that all been cleaned up? Yes, it has.
Because I was working with Mr. Amos. So, it looks like that you purchased the property in 2004 and then had a quick claim to him from his I guess his wife in 2020. Do we have any photographs of the entire
property with the packet other than what we have here? There might be some with the code enforcement case. All that has been taken care of. Well, the case is still active. The code enforcement case is still active. The
last action on it, which was on July 5th, says case scheduled for a second extension request. No objection to code enforcement. That was done on July 2nd. Yes. July.
Okay. Um, I would have probably a hundred questions here. I think I'm going to pass this off for this until we vote on this. All right. We need to deal just with what his variance is about. We need to deal with just what his
variance is for. And Dr. Bass, do you have any questions? No, I don't think so. Were you here before on this? No. Okay. No, ma'am. No, I don't have any questions on it. I
can I can see from the picture I did not visit the property. So, um I have enough information. So, the the request is is because the successor structure is forward of the main structure. That's
the zoning adjustment request. Yes, that's the request is to have the accessory structure located in front of the U principal structure. Okay, that's that clears up any question I have. Okay. Um, do you have anything else you wish
to say? No, just my uh well, she's actually my ex-wife, but we still talk with each other. We still she just left here. She come down for vacation. So, but she advised uh the number four
what I wrote on the thing. I don't know if you want to read it. I'm sorry. On the on the applicant here for the variance. Oh, cuz I put same as number two. So, it's okay.
It's basically there's no room in the back. Okay. All right. Thank you. Did I I don't remember if I asked. Is there anyone in the audience who wishes to speak in favor or against this application?
Seeing none, um in favor, my two neighbors I brought with me. Um do you wish to speak in favor or against this application? I'll speak in favor. So um Well, you'll have to come up and be sworn in in order to do that.
So, I'll need your name and address for the record. Yep. Uh, my name is David Lund. That's Lun N. And I'm at 8605 Fleming Grand Road. Okay. Do you uh swear that the testimony you're giving us today is the truth? I do. Okay. Are you speaking for or against? I
just need that. Uh, four. Four. Uh, so I just want to state that he did get all that cleaned up. The RV is gone. He was gone for a little bit of time and the person that was in care of the place just kind of so that's all been cleaned up. Place is looking
better. So I just wanted to say that, you know. Okay. Okay. That's it. All right. Thank you. All right. Um, let me take seat. We'll Okay. Take the action on this side. This is this is your district.
Remember, we're only dealing with the zoning. We're only dealing with the zoning, not the enforcement. You guys want a motion? I'd like to make a motion to approve this variance as depicted on the survey provided by the applicant dated May 6th,
2025. I'll second that. Okay. We have a motion to uh approve the application uh by Mr. Holberg. We have a second by Dr. Bass and we will proceed to further
discussion. I I can start out by saying that we're we're dealing here with the zoning, not the code enforcement. And I um believe that if they do their job,
this is probably not a objectionable um variance in in my opinion. No, I have no further comments. And I was glad that one of the neighbors did come. That's that's helpful to know that there's agreement in the neighborhood.
Do you want to add? No. All right. Okay. As chairman promp. All right. I will read the uh six criteria that um um constitute our decision. that special
conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification. That the special conditions and circumstances do not result from the actions of the applicant. The granting
of the variance requested will not confer on the applicant any special privilege that is denied by provisions of this chapter to other lands, buildings, or structures in the identical zoning classification. that literal enforcement of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant. Uh that the variance grant is the minimum variance that will make possible
the reasonable use of land building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to public welfare.
Uh with those six criteria in mind uh I will call the vote. All in favor say I. I. Uh, I'm going to vote opposed only because this is seems to be somewhat controversial, but even despite that,
the motion passes and your application is approved. Okay. So, um, well, go ahead. But I just do when I go get permits now for what I have there. I don't I
So, you have 30 days I'm going to refer your technical questions to to staff who will be more knowledgeable about the procedure that you need to go through. I just wondered if I can just walk over there and stop it. Yes, you can. You can make an appointment.
All right. Seeing no other business before this board, I declare this uh meeting of the Bvard County Board of Zoning Adjustment of July 16th, 2025 adjourned. I
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