[Music] [Music] [Music] [Music] [Music] [Music] answer the pledge of allegiance to the flag of the United States of America and to the Republic for which it stands one nation God indivisible liy and justice for all I now call the scheduled meeting of The Bard County Board of adjustments to order and uh with uh four board members we do have a quorum to move forward um before we do move forward I'd like to uh discuss a uh change in uh chairship positions I was uh honored to be voted as the chairperson several months ago uh but for personal reasons I'm going to have to step down and uh I know that uh Mr Huffman has experience he's been the chairperson in the past and I would uh recommend uh replacing myself with Mr Huffman as the as the uh next chairperson for the remainder of my term I'll second that is that any discussion no discussion okay all in favor Mr Huffman becoming chairperson I I I I uh hand the gabble over to to Mr Huffman well as a former place as former Vice chair and now uh chairman we need to find a uh replacement Vice chairman um so I'm not sure if I can I think I can make a nomination even as a chair I'm going to um I nominate Sonia uh Mallard uh to be Vice chair for the committee second uh we have a uh nomination and a second any discussion your chance all right all in favor say I I I all right Miss Mard you are the uh Vice chairman and um there'll be a uh reading that you need to do that I will hand over to you or it will be that one and I'll call on you um before we get into that um Mr bod would you uh uh describe the function of the uh Board of zoning adjustment yes Mr chairman the board of adjustment is a quasi judicial body established by the board of County Commissioners under chapter 62 Article 2 Division 4 of the bavard county code the board of adjustment is empowered to hear request for variance to the zoning regulation and the sign regulation chapter 62 article 6 and article 9 pursuant to Florida rules of appellant procedure any person or person's jointly or severly agreed 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 leave Mr chairman you have six items on your agenda today thank you Mr bod uh as our brand new Vice chair person chairwoman chairperson I don't know what the um anyway would you do the uh second reading which is the definition of an undue hardship an undue hardship a variance may be granted when it will not be contrary to the public interest in where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undo hardship has a specific legal definition in its context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing development regulations personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in instances where the land owner cannot yield a reasonable use and or a reasonable return under the existing land development regulations the applicant must answer variant hardship worksheet with six questions the board of adjustments will discuss these questions today with each applicant who has requested a variance thank you Miss mik uh next I'm going to uh talk about our board procedures and how we're going to run the meeting today so I will now address our board members the applicants and our audience regarding the board procedures for today's hearing the board of zoning adjustment as a quasi judicial board with members appointed by the bravard 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 the applicants District when concluded the questioning is open to the full board board the chair will recognize each board member in turn once all board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to address the board once and only once so be concise be complete uh at the conclusion of public comment the applicant will be given addition time for rebuttal as well as present their final comments once completed no further comment will be heard from the applicant or the public the action then moves to this side of the board we will not use a timer for this meeting however instead of we are asking each speaker to be concise in what they have to say is important that you stay on the subject and avoid information that is not um relevant we've got a lot of applications today we don't want to be here till after supper time um all persons speaking must provide their name and address for the public record those wishing not to verbally State their address may ask the clerk at the podium for an address card please fill it out and return to the clerk um the next item of uh business is uh a motion to approve the meeting minutes but prior to that I think there is a edit that is needed in the first paragraph of the uh April 17th meeting minutes in that um uh it states chair Dale roads I think we had a copy and paste uh going forward that's the only correction that I saw um I'll make a motion to approve the minutes with the correction of uh Vice chair Bill Huffman uh presiding over the April 17 2024 meeting uh rather than chair or former chair Dale roads a second uh any discussion all in favor say I I I I okay the meeting minutes are approved as amended um now we get into the part that everyone's here for Mr bod may we have our first applicant please yes item G1 variance application 24v 000010 Daniel flute flut day and uh eileene Smith request variance of chapter 62 article six Bard county code section 62-1 14047 to permit a variance of 5T from the required 10t minimum separation distance required between structures in a tr-3 mobile home park zoning classification and this is located at tax account number 2848 690 in District 3 uh name and address for the record please name is Daniel fluette the address is 405 peace Lane in Melbourne Beach okay uh raise your right hand do you swear that the testimony you're giving us today is the truth yes I do okay how may we help you well we'd like to build a carport over our existing driveway and uh found out we needed the variant for uh setback okay [Laughter] concise uh evidently there's quite a few variances in our park because lot sizes have changed they used to be 30 ft now they're 40 uh a lot of people have carports already and that's what we'd like to do we'd like to cover the driveway or vehicles and us are not in the full sun all day okay um your uh application arises in District 3 which uh unfortunately our Our member is absent today so I will or delayed maybe um I will begin the the questioning okay uh not sure I have too many how close are is this to project towards the road is that the setback or is it a side setback a side side setback and I saw there was some correspondents here have the neighbors commented on that yes there we' had four two directly across and the neighbor on either side both all wrote letters okay and they were all in agreement all all happy about it yes okay um that's really all the questions I have uh I will turn it over to open to the board does does anyone else have any questions on the board I just want to a confirmation uh you said that you had this would be over an existing driveway yes right so you already have the cement poured okay yes any other questions is uh are there other carports on your street with the other neighbors oh yeah right so and it's consistent with the neighborhood exactly is there a um an association yes and is are they in in support of this uh yes one of the letters was from the arc committee they've already approved us to go ahead long as you guys approve it they approve it thank you m b no I see that letter from Arc no questions okay Mr chair before um if the board so desires to uh Grant the variance what I would suggest that you add a condition that the existing shed be removed with that because it does not meet the subbs there uh there's an existing shed there's an existing shed that the applicant said he could move it yeah and so I I want to make sure that that's part of the motion okay the the shed has already been moved okay we'll just put it in writing in the in the motion um okay could you wait one question when was the sh move um I had some friends move it before I got into before I got into town so like I think it was the fifth maybe of this month yes okay thank you okay part of our procedure is to ask the audience for comments so if you could just step aside please just is there anyone in the audience who wishes to speak in favor or against this application seeing none turn any final comments uh no okay thank you you're welcome thank you all right we need a motion I make a motion to approve this variance um with the despi despi it on the survey um with a revision date of 228 24 with the removal of with the removal of the existing shed that was removed on May 5th okay second we have a we have a a motion and a second uh for approval uh any further discussion then we will move to uh oh yes we will move to reading the six six points so as as part of um part of the procedure these are the six questions that the board vote will be based upon uh number one that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confirm the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and 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 a land building or structure and six that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare uh with that on the record um I will call the vote all in favor say I I I any opposed your variance is granted by a vote of by unanimous vote okay okay we'll we'll make sure that that's noted correctly okay very good thank you if there if if the motion was incorrect what I would suggest is that you reopen it to fix the motion okay so instead of remove we need move in your your motion if you could read it again so you make a motion I make a motion to accept the variant so from a Robert tr's perspective first you need to make a motion to reopen since you've already since the motion has been approved okay I need a motion to reopen the applicant's motion I make a motion okay okay to reopen and I make a motion to second second okay it's reopen now we need the motion now now you need now you need to vote to reopen uh all right all in FA all in favor of reopening the uh the motion I I I no opposed okay now you can move on to the oh thank revised motion all right now now we're up with you I make a motion to revise my previous motion to accept the um accept the variance to accept the variance as depicted on the survey with the date of 22824 the existing shed was moved moved to meet setbacks what to meet setbacks to meet setbacks ah okay okay to meet setbacks do we have a second second Mr mccan uh seconded uh any discussion all right I will call the vote all in favor say I I I any opposed no it did it it still passed but uh now you with the move shed not the removed shed thank you okay Mr bod may we have the next applicant please yes item G2 variance 24v 000011 Gloria and Ken White request variance of chapter 62 article 6 bavar county code section 62- 2118 D3 to permit a variance of 2.78 Ft over the 16t maximum projection 20% of the width of the water wave for a dock together with a mored watercraft into a canal and a PUD plan unit development zoning classification and this is located at tax account number 2606 272 in District 4 okay would the would the applicant please come forward um name and address please my name is Gloria white I live at 465 lanternback Island Drive in silite Beach do you swear that the testimony you're going to give us today is the truth I do okay how may we help you um so we're applying for the 2.78 uh feet variance just to accommodate our boat engine um and so um I'll give you a brief history of our the building of the dock we built in 2018 um and we had lots and lots of discussion with the county uh the the surveying company and um our dock Builder and we only have 50 ft of Waterfront so it was tricky to get the the boat and dock aligned uh within all of the setbacks including the HOA setbacks which stricter than um the county so um since then we we got it we got a a a survey done the um post survey was done as built that uh they asked us to do that we got that it got inspected everything was fine uh that was in 2019 when it got inspected and then we just went on our merry way until now there's been an issue with our boat engine so I do have um packets here of um I have 14 of our neighbors that um are in support of this variance two ones right beside us and two directly directly across from us um and then I have the original Letters From The Neighbors on either side that back in 2018 that did agree to the variance and then also um I put pictures of the bridge uh because this Waterway um is limited to the size of boat that can come through U because it's a 7ft clearance so it's AOW so small boats like ours or pontoons can you know navigate under the bridge not all big boats so we have a run an inner Canal so we have very limited size of boats that can get through our Canal so can I how do you want to okay make sure you turn on your mic so can record you thank you so I'll answer any questions I mean it really is we're trying to accommodate our our boat engine um is the the issue okay your application uh arises in District 4 uh Dr Bass is your uh representative today and so we will begin the questioning with Dr Bass uh mine is more of a statement or what I want to say is that I visited this property and did a thorough onsite inspection of the dock the motorboat boat moed within the dock and the motor boat mounted outboard engine what I saw was a conf configuration exactly as depicted on the survey on page 27 of our packet as shown on the survey the outboard mortar portion protrudes beyond the approved extended property line by approximately 36 in or 2.78 ft into the canal RightWay 36 in I visually can confirmed the navigable Waterway of the inner Canal where the boat is docked is approximately as it says on page 27 80 ft wide when I was on property there was no boat traffic on the inner Canal I was however able to confirm from my own property vantage point that boat traffic on the inner canal will enter and exit under the Island's carbridge with 7 foot clearance as stated in question three thus limited the size of any boat navigating the interner canal Waterway referring to question one note that in 2019 the same dock with boat configuration passed county code inspection and the same configuration was approved by the islands Master Homeowner Association for the planned unit development I have no questions are there uh any other questions from the board no questions okay um I need to go through the I need to go through the procedure of asking for public comment so if you could step aside please is there anyone here who wishes to speak in favor of or against this application yes please come forward sir I'll need to do the same with name and address and swearing you in so name uh my name is Bruce McDonald our address is 64 Lantern back Island Drive where the property immediately to the north of the whites house okay uh do you swear that the testimony you're giving us today is the truth I do okay please proceed yes uh this is the first time that I've appeared before this board and so I have one other question I'm sorry are you speaking in favor of or against the applic against okay thank you uh this is the first time that I've appeared before this board so I didn't know how many handouts exactly to bring uh but I have uh I have one for each of you and I don't know get one there we sh oh very good thank you my handout pretty much follows uh the prerequisites as identified in this variance procedure and then I have uh answered each of the uh six statements that are required to be answered so I'd like to uh review that with you so you can understand our position that that would be my my uh it would be my request is that you just ainly um summarize very good what your responses are very good uh the prerequisites start off with when it will not be contrary to the public interest where owing to special conditions a little enforcement of the Prov provisions of this chapter will result in an undue hardship our response is that they have a boat dock with a lift where they can easily place a boat on the lift does that does not protrude or hang out into the canal Waterway therefore the enforcement of the chapter will not result in unnecessary and undue hardship second item the go on to state that legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing development regulations our response is that the application chose the applicant chose the boat the applicant can easily choose a boat that will fit within the size limits uh going on to statement number one you've already read that we know what that reads our response is that the particular zoning conditions apply to other properties as well as including our property where we were required to comply with the code section and remove our boat uh statement number two our response to that our response to number two is that they directly that they directly result the about the actions they directly result from the actions of the applicant they chose a boat that does not fit within the 16t as allowed this was a choice of the applicant uh statement number three our response to that is that we have been effectively denied this particular special privilege that the applicant has applied for with this variance we were told that we must move our boat and we moved our boat therefore this is a special privilege that you've been asked to confer on this applicant that was effectively denied to us if you confer this special privilege on the applicant then you must also confer this special privilege on us uh statement number four our response to that is that we have been effectively denied this particular privilege that the applicant has applied for with the variants we were told that we must move our boat and we did therefore this is a special privilege that you've been asked to confer on this applicant that was denied to us uh going on number five our response to that is our response to number five is that the applicant for the special privilege can replace their current boat with a smaller boat that fits within the requirements of the 16t limit and number six our resp response to that is that um if you choose to confer this special privilege onto the applicant then you have conferred a special privilege that has been effectively denied to us so uh we're like I say we're the property immediately to the north uh if you notice on the application that uh it does reference a complaint well you can guess we filed the complaint and uh so we follow the rules and regulations and uh we move our vat at uh significant financial hardship and so uh we strongly recommend that this uh variance is denied or that you give us the same variance okay do you have no questions please well we'll we'll um Dr Bass you have first shot at uh question you said that one of uh one of your requests for a variance was denied have you reapplied now that you've made the move no I'm sorry if I uh implied that uh uh we we haven't uh to be honest with you I didn't know that there was a variance procedure and uh I was uh amazed when we received the letter in the mail uh stating that there was going to be this uh hearing and so uh uh no we have not uh applied for the variance we we were never informed about a variance uh the the county was uh the the inspector was very emphatic that uh uh we move the boat immediately and so uh we complied that was in uh July of last year approximately a year ago and so so we have not um uh at this point submitted a a variance that we have been uh denied uh I didn't even know we could uh could do this and that this you know cause I judicial board exists well now that you do know you can apply just as these people did also on your um on the other boat that was moved and there's two boats shown in the uh aerial view of the property and there is only one boat there now wasn't that boat didn't you have to move that boat because they were uh draining digging out uh from the some of the uh backfill of the land um weren't they dredging they dredg yes yes the dredging unit uh came down uh our Canal like has been indicated this and that is why you had to move your boat because that second boat was outside your dock no no no okay it was inside your dock but you moved it well uh no uh the uh the moving of the boat uh had it was a direct result of the county coming out the zoning inspector um or compliance person and uh he was the one had nothing to do with drudging whatsoever uh and uh uh he was the one that said uh uh you must uh move the boat with no comment or talk about like I never even knew there was such thing as a variance on it and he said you uh uh must do that or you will be subject to uh a $100 a day fine and what reason did he gave give that you needed to move the boat that it extended beyond the 16 ft correct of your land of into the Waterway mhm well actually you know of the they have an unusual way of measuring it so uh the county does which is once you understand it it's fine it's actually 16 ft from the edge of the lot line well the lot lines extend 4 feet into the Waterway so people say well the dock is 20 ft out well yes it is from the uh edge of the land but 16 ft actually from the lot's Edge so there's a reason why they look so you can reapply for or you can't apply for a VAR that's what the the person uh explained to me but uh and that may be an alternative but in the meantime here they're in violation we were absolutely required to move uh and I might add to the record uh uh that we uh uh tempted very hard to find another place with a wet slip to move the boat to there were none available so now the boat since last July uh we had to have it removed out of the water so it's uh uh and dry storage uh that we pay $1,000 a month storage for it so uh yeah there's financial hardship involved in this that's been a year um I just wanted to make one comment another comment that uh the uh extended property line that uh these people are basing their 36 in on has been approved by the county they did apply for a variance and that was approved yeah the what we're talking about there is the uh the dock itself the dock which dock your dock or their dock their dock their dock uh that's where this gets uh you have to understand how they do this and perhaps the person from the county that actually oversees this can comment uh but uh the uh the the regulations the county regulations say uh that the dock can extend a maximum I think they say they actually called by percentage whatever it works out to be 16 ft from what are you referencing your statements um the uh uh how the how the regulation actually reads Qui regulation uh the the uh regulation on the maximum that the dock can extend into the Waterway without an approved variance they have an approved variance no there that variance uh has nothing to do with uh uh the 16 ft uh the this their dock complies with the 16 foot we' our dock is the same it ex but you haven't applied for a variance we don't need one you you you don't need a variance for a 16t dock that's the the county person is here I don't know if one of the county people they can explain this the 16 foot is the the the limit and would you like me to read the way the code is written yes please that might be helpful okay underneath just so just so we're we're clear we're talking about a dock that is not part of this variance request we're talking about the neighbors so this this discussion has no bearing on the variance that is before you okay that's my point Thank you please proceed Mr M says no doc boat dock covered boat dock or Pier together with pilings mored vessel or watercraft and any Waterway encroachment shall project into a man-made Waterway more than 20% of the width of the Waterway as depicted on the recorded instrument creating the Waterway or 30 ft from the property line whichever is less so that is where the 16 ft comes from the canal itself is 80t wide it's 20% of the 80 ft so that's where you get the 16 ft from and then plus our lot lines extend 4 ft into the water so that's how we get 20ft dock but that's not part of this variance request whatsoever it's the boat that extends uh yes because that's the code it says also together with the mored vessel or the watercraft so that's what they're applying for is that M musle watercraft so the the dock never the dock is not a a question here it's the boat and the boat engine extends 36 Ines beyond the approved property line yeah uh uh approved 16 foot yeah projection projection yes and it does they you know the applicant is not denying that uh it's just that we were required to move our boat and uh uh the the same should apply to them it's clearly stated out in the statements that you know you haven't uh uh denied it to us or or you haven't uh not allowed this somewhere else or it doesn't get allowed and you're and you're contemplating allowing them to do it but we haven't denied it from you you haven't applied we were required to move that's effectively that was a different issue no it's the same issue it's same same issue same exact issue that's why I'm here m it's you know it's so this measurement business and the 20% gets a little can get lost in there but is I don't know what position he is but he explained it clearly has nothing to do with the doc it's the boat Dr Bass could could we just take a break look Kevin K thank you so I just want to add a comment to what Dr Bass was saying the applicant actually has been denied because she's got a code enforcement complaint on her existing boat for being extending so far out so she's been asked to remove her boat also like you are however she took it a step further and applied for a variance and that's why we're here a process that you did not do but was available to you yes you understand that yes okay you are the immediate next door neighbor yes and does Have You Seen Her boat that was protruding out to too far docked at at her dock I have a picture of it have you seen it I'm not I'm not asking for a picture sir have you seen it uh yes okay and have you navigated your boat in that area why her boat was on that dock uh well anybody could navigate around our boat the the Canal's 80 foot wide so that's that wasn't his question question was whether you could naate we hadn't had to okay do you in your opinion even though you're not happy that her boat engine sticks out a little further than a do in your opinion does that impede the boat traffic in that Canal not any more than ours did not asking about yours sir I'm asking we're we're we're focused on disapplication that as a no I would I would say that's not what we're discussing here I would say we're discussing a violation like you said excuse me sir yes it is what I'm discussing all right very good okay I have no questions no further questions okay M mik well what I heard I'm very clear on my answer so I'm good all right uh I think the the board is questions very good thank you please yeah take your seat um one last chance CH for rebuttal so still under oath huh you're still under oath okay um so we have been working to get his boat that he keeps talking about moved before we bought this house so it's not that this just happened and they just knew about it it's been going on since 2017 they agreed to our boat uh doc um and they also um agree knew that when we put our dock in it was to code uh HOA and um County so we're at the point where we thought we did everything we should we you you all came out and did the final inspection we passed it like I said before we thought we were good and here we are because you know he complained we did complain uh we were very frustrated when we were trying to asked the HOA to have him move his boat it's a 42ft boat on a 50ft lot mored on the outside of the dock it was now um when they were dredging he used the dredging company to move his boat and that really frustrated us so so we went and uh called code enforcement to say this is crazy why why is this continue to happen and that's how this whole thing started so thank that's why we're here so thank you thank you I have one question oh oh sorry um the side his side his side setbacks don't meet any side setbacks County or HOA okay in your initial presentation you said your neighbors on both sides and across the canal are in support of the the Kent um the this the neighbor to our South is is also in agreement and the ones across directly across from us are in agreement he is not okay and then I have other supporting I mean I can show you there's people all around us that are like we're fine thank you okay I think that's thank you thank you so we need a motion that's your District Dr Bass thank you I make a motion to approve the variance as depicted on the survey with revision date 36 2024 I'll second so we have a motion and a second do we have any discussion all discussed out okay um then I will read the uh the six uh let back up just a second in in all of that I forgot to ask if there were any others who were here to talk in favor or against and I assume not I only saw one at the time but a procedural thing I should have asked that apparently not I don't see anybody raising their hand um okay so we have a motion we've had our discussion I will read the um six criteria that we will use to uh make our decision and they are that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning uh classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variant will not be injurious to the area involved or otherwise detrimental to the public welfare uh having read the six questions I now call the vote all in favor of approving the application for the parents say I I I uh any opposed okay the uh application passes if I may make a post comment I would encourage you to get with staff and see if you can Rectify your uh situation no it's over don't um Mr bod may we have the next applicant please yes item G3 variance 24v 00002 12 William brim request varen of chapter 62 article 6 Bard county code section 62-45 1415b to permit a variance to allow an accessory structured forward of the front building line of the principle structure in an RR mh-1 rural residential mobile home zoning classification and this is located at tax account number 20050 95 and District 1 than thank you Mr bod would the applicant please come forward there Don humman 1965 Tranquility Lane Titusville Florida I'm a general contractor and representing the uh the client okay is that uh his representation approv he been approved he's the applicant for the owner okay uh raise your right hand please do you swear that you're going to tell us the truth I do okay how may we help you yes we are in the process of Permitting a 30x30 detached garage and in doing so it was noticed there is an ancillary structure in the front yard uh that we have to take care of first the ancillary structure is his potable water source along with his the water bladder the pump and the water softening system he is the fourth owner of the property and the original owner set the trailer at the very back of the property and the water is obviously where the water's at you got to dig it where it's at so we need to take care of that uh the little shed that covers the water pump okay so I guess we move to uh questioning by the board uh Miss Mard this is your District hello he there I visited the location on Monday and saw the property the neighborhood and the house and the home in Mims Florida um you just stated something that made me change my train of thought but what is it that you're trying to do to that accessory we're going to build nowhere near that that structure we're building a 30x30 detached garage for storage purposes okay okay but what we're here today is to speak about the existing pump correct just the pump house that's all yes so I saw the existing pump house and I understand that we like to legitimize it um today the property was purchased on September 12th um and that's the only source of the water that is I saw that on the property what I noticed is that it's not a eyesore it's in front of the house um it's not blocking any traffic or it's not even going to um devalue the values of the homes in the area um also I see that it's well off the road so it's not like on the sidewalk or anything um and actually the neighbors also are far and in between so it's not like the houses are very close together it's room a lot of land and I didn't see any problems with the variants that they're requesting today okay any other questions the only question I have and as general contractor you may not be able to to answer it but I see there's a fence is it a fence that runs along the front between I think he just has like a little gate there okay friend with the gate is there any thoughts well is there any intent to take the front half of that lot split it off and sell it use it no the gentleman it's only about an acre lot anyways what happened it's a double wide trailer whoever initially did the trail put the trailer they just moved it all the way to the very back of the lot and they have a huge front yard now very small backyard and and so he he would he wouldn't be doing that okay I just noticed that that would if they did divide it they need to it I believe it would violate the the lot sizes anyway for buildable Lots in that area yeah clation requires an acre of land and this is just 1.1 acre so wouldn't be able to do that okay okay very good um any other questions no have to go through the routine could you step aside is there anyone here who wishes to speak in favor or opposition to this application good please come back uh final question summary a final uh statement summary okay easy one it say drinking water all right thank you you can take your seat appreciate it thank you okay uh Miss Mard arrives in your District you have the option of making the I make a motion to approve this survey as depicted in the survey with a signed date of 31124 I'll second that okay we have a motion uh to approve and a second is there any discussion uh hearing no discussion then I will move to um read the six questions which we are going to consider uh for 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 a actions of the applicant that the grant ing of the variants requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and 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 the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare uh having read that into the record I will now call the vote all in favor of the application say I I any opposed your application is approved thank Mr bod may we have the next applicant please yes item G4 application 24v 0013 veto and Sylvia bakus request variance chapter 62 article 6 bvar county code as follows variance number one section 62-34 5B to permit a variance of 7 ft from the required 7 1/2 ft Westside setback for accessory structure variance number two section 62-34 5B to permit a variance of 7.1 ft from the required 7.5 ft East Side setback for an accessory structure variance number three section 62-34 5B to permit a variance to allow an accessory structure forward of the front building line of the principal structure variance number four section 62-34 5B to permit a variance of 6 .6 ft from the required 7.5 ft East Side setback for an accessory structure variance number five section 62-1 1345 B to permit a variance of 5T from the 5ft separation distance required between accessory structures variance number six section 62- 2118 D3 to permit a variance of 6.5 ft over the 15t maximum projection 20% of the width to the Waterway for a boat dock including pilings variance number 7 62- 2118 D5 to permit a variance of 132.5 square ft over the 500 ft maximum allowed for a roof over a boat dock variance number 8 section 62- 2118 D5 to permit a variance of 35.6 square ft over the 600t maximum square footage allowed for total coverage for a dock and a roofed area and variance number five section 62- 21005 1A to permit a variance of one additional accessory structure over the permitted two accessory structures allowed in an ru-1 D13 single family residential zoning classification and this is located at tax account number 24 3264 46 in District 2 well done sir I I struggle over six sentences yeah I need some cough medicine name and address for the record sir good day my legal name is VTO bowos address is 1739 sh Drive in Meritt Island okay raise your right hand sir do you swear to tell us the truth today I do okay um so this all started originally as um a code violation for a trailer and u a shed and it seems like these two little issues kind of ended up mixing together and come out with the nine variances somehow which is uh kind of surprising but we're looking to uh to uh legitimize existing property features that have been there for the past 20 30 years 40 years in some cases um we have one shed that's your your typical uh teds shed sort of shed that is on skids under under 100 square ft so that's a no permit required shed we have a rubber made plastic shed which um is on the east side of the property um we have um a structure that is sort of a covered patio and I uh the commissioner out there we were looking at it we were kind of trying to decide on what it really was whether it was sort of a covered pergola or whatever um but it basically is a a sun shade area where I grow grow my orchids and then we do have a boat dock and pilings that exceed the 20% of the canal withd the boat dock is a combination of creil poles so this is probably you know most of the structure was built probably in the 70s um my best guess I couldn't find any permits I tried looking through the permits and Records uh from back as far as I can go and I couldn't find any details on whether this was permitted at any time um but I did find in the 1982 tax records that the boat dock the covered patio shed and those structures all existed at least in 1982 so again all I'm trying to do is legitimize what's currently there and I know that the numbers are there's a lot of numbers there and it gets a little bit confusing in fact the neighbors had a hard time understanding exactly what the variance was for they said are you building something in you I said no we're just trying to keep things the way they are for now so that's kind of all I have your application arises in District um two which Mr mccan you take the floor for questioning sure I um I had the opportunity to visit the property so I understand uh what the applicant's asking for but I'd like to go through all nine variances so the other board members can can understand it too um number one you have an existing shed on on the west side of the property but up against basically the property line correct how long has that been there 20 ever since we lived there 27 years minimum so the county records go back to 82 that shows that there's a shed on the property and is that consistent with uh your neighbors yes all the neighbors have them all the neighbors have a shed yes similar to yours yes encroaching on the east west north south all all around us um number two is the plastic shed on the east side of the property similarly almost against the property line yes and that's um it how long's that been there same time probably 27 years number three is um the the structure uh that looks like a perlar it's got um uh multiple posts right and uh sort of like a framed roof without an actual then roof structure on top of it call it a screen room without sides and basically it's a sun shade area how long has that been there at least 40 years best that I can tell is that similar to any other properties in your neighborhood yes um four is also that um that same structure um it's not only built in front of your the front of your house but it's also um encroaches into the setback into the east side of the property correct correct okay um and then five is the plastic the plastic or rubber made shed and that structure itself are are too close are too close together right um what are they about a foot apart uh I guess technically between the post to where the side wall of the the structure is probably it could be pushed a little bit further away technically to meet the requirement but they're they're probably 2 feet away from each other and they're both pretty much up against the fence they're both against the fence correct okay um number six um what is number six okay so six now now we're dealing with the boat dock um you have the boat dock and the pilings extending out um 6.5 ft additional than the 15 ft Maxim projection is that is that your understanding yeah from what I understand from the uh the uh the survey the dock is about 18 and 1/2 ft somewhere around where where approximately on your Canal is your house located would you say is it the middle of the canal the beginning of the canal beginning of can canal and is your Canal a dead end yes um are there any large boats up to 40 ft have come on you regularly and as have as your protrusion into the Waterway obstructed any of the boat traffic never had any complaints any any issues with anything and how long has that boat dock been there uh again from the Creo polls and the structure I'm guessing 30 40 years 30 years in the 70s how long has the uh the roof structure been on that dock same time frame so that would have been number number um seven number eight is a 600 squ ft Max somewh between the roof and the the the decking of the dock again it's been there forever yes and then um number nine is to allow uh more than two accessory structures on the property the two sheds we talked about and then that that open air structure yeah that you're planting things so I just wanted to um make it clear more of what the nine different variance requests are so um so so my board members can can understand can I ask a question on a on when you have a unpermitted or a non-permit required shed do you still need to is that maximum count still hold true that you would uh you could not exceed more than two per property even if they were not non-permit required structures it's based on the size of your square footage of your lot how many accessory structures you're permitted for the size of square footage of your lot you're only permitted to regardless whether they're permitted sheds or non-permitted yes they're accessory structure gotcha understand I don't have any more questions any questions pass no okay oh yeah well we've been taxed on structure but they've been they've been in the tax records since 1982 they as been assessed on them so I do have a question sometimes get lost in all the so I'm going to ask you to kind of give me a summary statement and that is with these structures and you know variances to setbacks and whatnot should an emergency occur back in the dock or this pool area can emergency Personnel get to there a gurnie or and just in general it looks to me like there's a routing around to the West you our our lot's 105 feet wide and there's 16 and a half feet on one side um and I I'd have to look back at this at the surveys but there should be plenty of area to get anywhere to the Canal area or into the back of the home or if there's a fire there's there's plenty of access okay that's all just summary question um any other questions for this applicant seeing No Hands raised um need to step aside I need to invite uh is there anyone here who wishes to speak in favor or against this application seeing none um please return any last words no okay thank you very much thank you please be seated uh next order of business is a uh uh motion and Mr mccan that's I'd like to make a motion to approve all nine varing requests as depicted in the survey do we have a second I'll second that Dr Bass is seconded um any discussion among the members here my only comment is you did go out and visit or comment question are all of the adjacent properties this crowded with structures and accessories and things on their lot I think code enforcement can have a field day out there yes but it's but they're all equally cluttered they for lack of a better word the majority of of the properties in that neighborhood have um sheds multiple sheds but up against the property lines um consistent with the the applicants okay it goes with the question about uh being in harmony with the rest of the neighborhood yes okay um was that motion sufficiently uh elaborated with all of this in the paragraphs we're not making any exceptions okay um any other discussion then I will try and emulate Mr bod and do my best to uh speak speak my sentences um that special conditions and circumstances exist which are not applicable to other lands um that the special conditions and circumstances do not result from the actions of the applicant the granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter will deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning application zoning sorry zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the maximum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare having read those uh questions into the record I now call the vote all in favor of approving this uh application of the nine u variances say I I I any opposed the variance is approved okay Mr bod may we have the next applicant please yes item G5 Rebecca shanek request varant chapter 62 article 6 bvar county code section 62-1 1339 5A to permit a variance of 11 ft from the 25 ft front setback required for a principal structure in an EU estate use zoning classification and this is located at tax account number 2413 520 in District 2 thank you will will the applicant please come forward um state your name and address for the record please Rebecca shank and 3101 North inding n Drive Coco Florida okay your hand you swear to tell the truth in your t testimony to us today yes okay how may we help you um I'm here sorry I'm here to um um basically um I bought my grandmother's house that she's that they've honed since um it was built in 1961 and there's a porch off the kitchen towards on the riverfront and I wanted to uh put a roof over it and columns but keep it open just for the shade um I had breast cancer four years ago and melanoma um also on my lower back and my parents um that're here today both had melanoma as well and um I can only use the porch half the day cuz the sun is too brutal um but I I really love that area of the house and I'd like to be able to use it more um so I would be going into the setback and um one of my neighbors at 3105 um they also have a covered porch it appears to be going into the setback but I I just I want to improve the house in the neighborhood so okay um your application arises in District Two um therefore Mr mccan you have the floor good afternoon good afternoon the um proposed uh covered porch that you plan to or you wish to to build that would be built over an existing concrete porch that's already there that's correct so there'd be no difference in what the the the foundation's like right now um it was built it was a remodel in the90s so you're you're encroaching you want to encroach and it already encroaches on the the setback the way it is now right so do you know how much distance there is between the front of your property line and the actual Street Indian River Drive um I wasn't it 10 10t and 9 in there so if that's if that's accurate okay in addition to in addition to the the setback that you have or the encroachment you have you have that extra buffer of 10 plus feet right between your property line and the street correct and what is what's the condition or what does that extra land appear to be it's just grass it's almost feels like your own property right there's no difference between you wouldn't even know where the property line is that's correct um would it surprise you if I told you that when I measured it measured out to 25 ft that the the the space between your proper the front of your property line and the street so have an extra 25 ft of property extra mhm oh okay y so a it's a large there's a large buffer there I I don't I don't have any other questions okay no questions no questions you guys are beating me to it um the only question I have is I'm I'm not good at I am good at Maps but this is a small map is this in the area where the tree trimming controversy is going on or are you further north uh I I think you're further north where is that happening uh further south yeah no okay all right the only reason I I bring that up is because if they decide to expand the road or something but okay that's not part of this um no that's my only question okay so um as a procedure could you step aside and we'll see if anyone in the audience has a uh wishes to speak in favor or opposition to this application uh apparently not so please return to the microphone any final words nope okay please take your seat thank you uh Mr mccan motion please please I make a motion to approve the variance request as depicted in the survey uh second a second on uh Miss Mard seconds uh any discussion I'd like I visited the property and um there's a significant amount of space between the projected covered patio and the street with an extra 25 ft of County owned land or or land that's not there so when they have the front setback um requirements they there's an additional 25 ft of of extra space that's that's a buffer um there's an existing concrete patio that they just really want to build um a roof over um for shade and if I could say anything I mean it seems like there's a significant amount of construction going on right now and um it's a beautiful home that that needs the the improvements and the patio as it exists now is not aesthetically appealing and I and I just believe with the with the covered patio or the roofed in patio it would tremendously improve not only that property but the neighborhood any other discussion um just want to remind our board members that we have seen this type of condition on Commercial properties along 520 out on Meritt Meritt Island where the commercial building was set way back behind the drainage and we allowed them to put signage closer to the road but no one would know because of the the property lines are obscured by the the Landscaping so um I will read into the record the six questions the spe okay that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant the granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare um having read those uh questions into the record I now call the vote all in favor say I I I any opposed your variance passes thank you did we say we had seven today or just six there's six six okay uh Mr bod could we have the next applicant please yes item G6 variance 24v 00006 David and Robin young request variance chapter 62 article 6 bavard county code section 62- 2118 D3 fre to permit a variance of 34 ft over the 30t maximum projection allotted for a boat dock together with piling and mored watercraft into a man-made Waterway and this is located at tax count number 257 670 in District 2 would you state your name and address for the record uh David Young it's 1845 South tropical Trail Meritt Island okay do you uh swear that the testimony you give us today is the truth yes okay how may we help you okay we're trying to build a dock off of our propert not actually off our property on our property we're at the end of a small canal and there's not enough off our bulkhead to go AC out into the canal so we're going down our property to the west and to where there's some deeper water where we could put a boat lift but our projection off that I mean if it was all bulkheaded it would be just like every other dock on the canal running east and west but our property there is not bulkheaded it's just natural Waterway we're not trying to go out into the waterway at all the dredg the waterway that all be on our property well inside of our boundary line okay um your application arises again in District Two with Mr MCC good afternoon good afternoon um probably have a several questions could I bring my Builder up he's much better at technical questions the contract the contract need to name and address uh ryell burial 3420 North Courtney Parkway Unit 19 I'm the owner of Pelican Coast Marine Dock and seaw wall and I'm a marine one contractor do you uh swear that the testimony your us today is the truth yes sir I do okay if whoever is speaking speak into the microphone you passing me the helm yeah okay go ahead sir um I I I went out to the property um I could walk there from home just so you know um I'm familiar with this property I know it was um in really poor condition a couple years ago it was it was uh fortunately purchased and and remodeled uh it's beautiful now and um it it really stood out in the neighborhood before it got before it got uh remodeled so just as a neighbor I I appreciate that you fix it up and improve the neighborhood when you're when you're in the backyard and I'm going to look at the the overview not obviously to scale but I'm going to look at the overview and um the location the long bulkhead seaw wall to the north side of the the backyard yes sir is um is a Waterway that's a canal and um there would be no room to build a dock there no sir not well it would just be a a fishing pier or something to lay out and get some but not to actually more vessel or lift a vessel so the only option would be to come off the back of the property the very rear of the property and extend um into into sort of the the natural um and not the manmade part of the canal that is correct there is some bulkhead seaw wall yes sir at that at that I guess it' be the West the west side of the property of the very rear of the property that you'd be coming off that is correct um the plan is to to be um within the side setbacks on that oh yes sir and if the board would like I've got um so when we submitted this permit uh several months ago it initially passed through all the building departments uh and then ultimately zoning uh marked it deficient because it exceeded the 20% rule um but when you look at it you know that it's a it's a dredged man-made Canal what you're referring to that the young family owns is a natural waterway that was flooded when that Canal was dredged in the 50s or 60s um so the it's a two-prong situation we had because the whole purpose of building the boat dock for the young family was for them to be able to put their watercraft um the problem is that Canal I've been in it personally three on three different occasions it is so it hasn't been Dem mucked or dredged in years and I know the Army Corps of Engineers that's on one of their um plans to do here in the near future but when I jumped in personally from my knee to my foot was just muck so in other words no boat even even a neighboring boat couldn't run their boat in there because they'd run a ground their prop it just it's just nasty so we have to project that far out to get at least 2 and 1/2 foot of water column so when the young family has hopefully the boat lift and stalled they've got enough water column to submerge the cradle and the bunks of the lift to float their vessel off so where where you're projecting to um to build out to into the the natural Waterway yes sir is um it's deep enough there yes sir that well that's why we have to go out the 50 Foot the 50 linear feet for the finger pier and then the additional 12T for the boat lift so I actually have a one of the requirements from the county was uh when I when I do a plot plan for all my dock builds it's just basically a print out of the of the digitally signed and sealed boundary survey and then I just hand sketch not to scale of course of what I'm going to do with all my Dimensions my and I have a copy of that for you guys today if you'd like to see it but they required that we actually go back to the survey company Mr neelson and have him impose a scale drawing because that was one of the concerns that natural the natural resources department had was that we were not going to impact any of the surrounding mangroves which we're not going to and uh if you'd like I show you those two documents so you can see it no I got it right here if you do you have a copy of survey this survey that's attached to the application is that the one that the surveyor put together or is this your sketch no that is so that is the actual two scale survey what the do look and the surveyor Drew this yes sir to Scale based off my engineer drawing okay no no that's fine thank you yeah can you always speak into the mic so we can have it pick up on the recording you want did you want me to repeat that oh okay I apologize so yes just to repeat what I said that's yester the this the uh survey you just showed me that is from Mr neelon with the scale drawing of how the doc will look and where it's going to in the layout of it into the uh young fam's private parcel of land okay thank you yes sir so did I hear you say um that Department of Natural Resources have evaluated this yes they've already approved it the permit's been approved entirely through all the building departments within the county with the exception of the zoning department which is the reason we're here today does it need to um has it been evaluated by the Department of Environmental regulation as well it's it's not required it's Canal sir that we that would only be on a class two Waterway or on an aquatic preserve which they're not on okay and um so there's no there will be no interruption or no destruction of the existing mangroves absolutely not um I have a couple questions for the actual applicant that you probably sure wouldn't be able to answer sure sir have you uh um have you had an opportunity to to be back there in a boat or a kayak not behind that Mangrove Island no you've never been back there no I don't believe maybe you can get a kayak through there but it's very have you seen anyone kayak our neighbors do they they kayak back there and they have an opening that's why we're not closing it off again if you want she need to be up in the microphone yeah and be swor in too name and address my name is Robin young 1845 South tropical Trail Meritt Island do you swear that the testimony you're giving us today is the truth yes okay yes our across the way um Michelle hunt she loves her kayak and they that's the one thing they don't mind us putting the uh lift there is because they can still get behind there with their kayak cuz right now because the water's so low that's all that can get behind there is kayaks when the um when the dock and the boat lift is constructed would there still be room for a kayak to navigate through there yes it's not going to seal off the entire entire um access um so I just want to for the record I want to just comment on on something your contractor mentioned um about extending out 20 20% out to the width of the the Waterway um yes you're entitled to 20 ft but maximum 30 feet correct um just and you you want to go out you you you want to exceed that maximum 30 feet by another 34 34 feet corre okay to avoid getting too close mang make sure you stop speak into the microphone so we whole purpose to go out that far as to stay away from from the mangroves and for the water depth and the water depth there's no water I've been out there there there's a small open body of water between the mangroves that um that are adjacent to your your bulkhead and then the like I would just call it the mangrove Island and you want to use that small body of water to to construct your dock in that area which is 100% on on your property correct and none of it um none of it extends into the actual navigable Canal that is correct no I have a copy of the engineers drawing for the core arm Engineers where they plan a dredge it shows it's well away from this area I'll take your word for it if I can say so that was what I mentioned earlier about the two prong test the number one prong was what I explained about being able to project the dock out on their private partial to get into enough of uh the water depth for them to actually have a functional Boat Lift but number two was to take great consideration for the surrounding neighbors because the dock that we're building is only 344 squ ft total no roof uh so it's far less in square footage than the surrounding neighbors if you look on that Canal there's probably almost a dozen homes on that Canal that have docks um and then so as we're projecting out to the west from the bulkheaded side of the young family's house we're not projecting a solitary inch to the north which is the navigable portion of the canal so constructing it in this manner would not uh hinder any of the surrounding Neighbors from being able to access their vessels and use that uh that Canal as they currently do today thank you any other questions thank you take your seats so is there anyone here who wishes to speak in favor or opposition to this excuse me this application seeing none I think you you have a chance for summary but I think you've said everything you you need to um we need a motion I make a motion to approve the variance as depicted in the survey a second Mr mccan has made the uh motion to approve the applications depicted in the survey seconded by Miss Mard I will read the uh six criteria that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to the other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provision 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 will and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare having read those into the record I call the vote all those in favor say I I I any opposed uh your application passes unanimously and I believe we have no more applicants today I um call this uh meeting 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 Bard County Florida Space Coast government television or the program sponsor and are solely those of the presenter the board of County commissioners of rard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any in all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period [Music] [Music] [Music] [Music]