Brevard County Zoning Board Approves Garage Variance Amid Setback Woes

The Brevard County Zoning Board meeting saw the approval of several critical variance requests, most notably a contested variance related to an accessory structure for Michael J. and Carolyn J. Omali. The meeting addressed various applications, including those for dock repairs, subdivision adjustments, and privacy fences, culminating in a series of approvals and a single denial.

The most notable discussion focused on Michael J. and Carolyn J. Omali’s request for a variance concerning the construction of a one-car garage on their Merritt Island property. The Omalis faced a setback issue, as the garage was positioned too close to a pool enclosure by 1.1 feet, falling short of the required five-foot distance. During the proceedings, Mr. Omali explained that the garage was built on an existing concrete slab from a previous parking space. He emphasized his surprise at the setback complication, noting that he had obtained the necessary permits and submitted a plot plan based on an old survey, believing he was in compliance.

The board members engaged in a detailed inquiry with Mr. Omali regarding the permitting process. It was clarified that Mr. Omali had indeed secured permits, but the need for a variance emerged only after a foundation survey highlighted the proximity issue. The board’s concerns extended to emergency access around the garage, with Mr. Omali affirming that there was ample space for emergency personnel to navigate, based on prior ambulance visits due to household health issues.

Despite some concerns, the board moved to approve the variance after evaluating the six hardship criteria, which consider whether the circumstances are unique and if enforcing the zoning regulations would cause undue hardship. The board’s vote resulted in a three-to-one approval, allowing Mr. Omali to continue with the garage project.

Another topic addressed during the meeting was Salvador Nanino Jr.’s variance request for a property on Paint Street in Rockledge. The property, intended to be subdivided into two parcels, required a variance due to its lack of depth relative to the setback requirement. The variance, which would legitimize the division of the property, was essential to facilitate its sale and future development. Board members noted the area’s industrial nature and confirmed that the variance would align with existing zoning regulations. The board unanimously approved Nanino’s request, acknowledging the special conditions present and the community interest in the planned use of the property.

The meeting also covered Myra Parker Bowling’s request for a variance concerning an accessory structure in an RRM-1 zoning classification. Myra and her husband purchased the property with an existing code violation related to the size of a two-bay garage used for storing boats and lawn equipment. Given the unique environmental conditions of the property, including its proximity to wetlands and lack of visibility from the road, the board found sufficient grounds to approve the variance. The approval was based on the understanding that the variance would not confer special privileges and was consistent with zoning regulations.

In addition, Vincent D. and Mary E. Pinto sought variances for repairs to a boat dock in Satellite Beach. Pinto explained that the dock, built in the late 1960s, had been damaged by storms. The variance was necessary to address repairs without removing existing pilings, which could cause environmental harm. The board approved the request after considering the historical context and the potential impact on the canal.

Finally, the board addressed a request concerning a privacy fence and structures on a property where the owner cited privacy and safety concerns. The fence, in place for nearly 20 years, required a variance to legalize its height. The board approved the first three variances related to the fence and structures but denied a fourth variance for a pergola, emphasizing the importance of adherence to permitting regulations.

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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