Brevard County Zoning Board Approves High-Profile Fence Variances Amid Safety Concerns

During the recent Brevard County Zoning Board meeting, two significant variance requests related to fence height and placement were approved amid discussions centered around safety and security concerns. The board unanimously granted variances to both DuverX, Bohavio Health, and Peerless Vision Property LLC, each presenting cases for the need to enhance their properties’ security measures. Additionally, the board considered other applications, addressing property use concerns and ongoing code enforcement issues.

The meeting began with the approval of a variance request from DuverX, Bohavio Health, represented by Wendell Normile. Normile introduced himself as the administrator of the Devo Burea facility, which provides behavioral health and therapeutic services for children. The facility’s request for a 10-foot fence aimed to improve safety for its residents, many of whom are classified as high-risk with histories of running away. Normile expressed that the facility, established in 1987, had once been in a remote area, but community development had necessitated increased security measures. He detailed instances where children attempting escapes required intervention from law enforcement, particularly at night, stressing the need for the variance. The board, including a district representative who had toured the facility, unanimously supported the variance after ensuring it met all necessary hardship criteria.

Following this, the board tackled another significant variance request from Peerless Vision Property LLC, represented by Dr. Romaya Goff. The property on Merritt Island faced issues with trespassers, vandalism, and safety concerns for staff working alone, prompting the request for two variances regarding fence height and structure setback. Dr. Goff described the property as a three-story building with minimal landscaping, making it a target for illicit activities such as drug use and vandalism, leading to substantial financial losses. To mitigate these issues, Dr. Goff proposed replacing the existing fence with a non-opaque aluminum fence, designed to deter unauthorized access while maintaining a professional appearance.

The board scrutinized the application, particularly the description of the property as a double frontage lot and whether the proposed fence would protect the underground parking area. A discrepancy emerged between the variance form and Dr. Goff’s verbal description, which emphasized the need for precise language in the application to ensure compliance and implementation. Despite these concerns, the board approved the variance unanimously after clarifying that the fence would cover both properties associated with the tax account numbers provided.

In another case, the board reviewed a variance request related to a property with non-conforming lot width requirements under the BU2 zoning classification. The applicant argued that denying the variance would unfairly limit the property’s use as an office building, a permitted use within the zone. The Merit Island Redevelopment Board had previously supported this request, and a neighbor’s letter of support was submitted for the record. The board unanimously approved the application, acknowledging the need to grant rights similar to those enjoyed by other properties in the same zone.

The final notable discussion involved a variance request for an accessory structure in an RMH-1 zoning classification, presented by Edwin J. Kaio. Kaio sought a variance to legally place a structure at the front of his property for housing tools and a motorcycle. The board’s discussion included concerns about the property’s history with code enforcement, including unauthorized RV habitation and alterations to a shipping container. Despite these issues, a neighbor testified in favor, noting improvements on the property. The board approved the variance, though one member opposed due to lingering property issues. Kaio was informed he would need to pursue permits for future work, with staff directed to assist in the process.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
County Manager:
Frank Abbate
Zoning Board Officials:

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