Brevard County Zoning Board Grapples with Variance Requests Amid Neighborhood Disputes

The Brevard County Zoning Board meeting on October 15, 2025, dealt with numerous variance applications, featuring discussions about property boundaries and environmental impacts. The board approved several variance requests, notably for a swimming pool and a dock, while tabling others for further review. Disputes arose over property encroachments, environmental considerations, and the impact of new structures on neighborhood aesthetics and drainage.

A significant portion of the meeting centered on a contentious variance request involving a storage structure. A resident, Ponita McDonald, voiced strong opposition, claiming the structure, described by the applicant as a storage unit, encroached onto her property and was, in fact, a two-story house. McDonald asserted that the building restricted her access, particularly affecting her ability to use her back door. She detailed that the construction had already taken six feet from her side yard and emphasized that the structure was improperly placed over the property line. The board faced the challenge of resolving this dispute, focusing on the encroachment issue and compliance with property lines.

Another neighbor, Flora Brandon, expressed support for the structure’s current position. Despite the differing opinions among neighbors, the board remained focused on the variance application concerning the structure’s encroachment. A motion was made to approve the variance with the condition that the structure be relocated to comply with setback regulations, which was supported by a survey dated 7-11-2025. The motion passed, allowing the variance with the stipulation that the structure be moved forward, addressing concerns from neighbors on either side.

In another notable case, a variance request was submitted for a swimming pool on Dragon Point. Sam Dpatris presented on behalf of absent homeowners Cheryl and Victor Hooper, seeking variances due to the property’s unique conditions. The proposed pool required setback variances because of the property’s narrow, water-surrounded location. Dpatris emphasized the environmental considerations, noting that engineering firms conducted soil sampling and designed helical piles to support the pool without stressing the seawall. The board appreciated the thorough presentation and approved the variance, recognizing the pool’s alignment with the surrounding environment and its minimal impact on boat traffic or nearby structures.

The board also approved a variance request from Francis Scott Riley, who sought to position a metal garage closer to the property line to preserve live oak trees. Riley argued that the proposed location would provide a noise buffer from the adjacent highway and minimize visibility from the road. Despite a board member recusing themselves due to potential conflicts, the remaining members voted unanimously in favor, appreciating the environmental consideration and neighbor consent.

Conversely, the meeting revealed challenges in addressing variance applications for illegally constructed structures. Paul and Cheryl Pearson’s request to convert existing illegal apartments into legitimate units sparked debate over zoning classifications and breezeway requirements. The board questioned the justification for the variances, given the previous owner’s actions that led to the current zoning issues. The Pearsons argued they were rectifying past non-conformities, yet concerns remained about the proposed changes’ impact on the neighborhood.

Towards the end of the meeting, a variance request involving a dock built without a permit was tabled for re-advertisement due to discrepancies in the advertised height. Additionally, a variance for a gate within an EU zoning classification was approved without opposition, aligning with the existing wall’s height and unique property access patterns.

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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