Brevard County Zoning Board Faces Debate Over Fence and Retaining Wall Variance

The Brevard County Zoning Board meeting centered around a contentious and complex case involving a variance request for a fence and retaining wall built by Matthew and Gretchen Solar, represented by Dan Co of Lifestyle Homes. The board was tasked with resolving discrepancies between Brevard County’s building code requirements for fall protection and zoning code limitations on fence height, while addressing significant neighborhood opposition concerning drainage and structural issues.

The primary focus of the meeting was Dan Co’s request for variances related to a fence wall constructed to comply with fall protection requirements under the Florida building code. The variance was necessitated by an elevation change created by retaining walls that exceeded 30 inches, prompting the need for a safety fence. This requirement conflicted with the county zoning code, which restricts fence heights to six feet. Co argued that the fence was a necessary safety feature rather than an obstruction, and its denial could set a precedent that would hinder property owners from complying with both building safety and zoning regulations.

During the presentation, Co provided documents, including the approved site plan and a certificate of occupancy, to support the variance request. He explained that the height of the fence varied due to the elevation of the retaining walls, leading to sections potentially reaching ten feet from the adjacent lower lot. Board member Humberg inquired about the relationship between the retaining wall height and the proposed fence.

Public opposition was vocal, with resident Chris Janiro, a licensed general contractor, expressing concerns over the fence’s conformity to approved plans and its necessity given the existing block wall. Janiro cited discrepancies in the final construction and questioned the legitimacy of approvals. He pointed out conflicts with building inspectors during his projects and raised issues about neighborly restrictions that contradicted the variance request.

Further complicating the matter, a neighboring resident discussed the drainage and structural integrity problems posed by the wall. They highlighted flooding issues, including damage to their septic system and a tree falling on their home. Concerns were also raised about the wall’s construction, which they claimed was pieced together rather than built as a monolithic structure, leading to structural concerns. The resident described aesthetic issues, noting that the wall’s height seemed to have increased over time, impacting neighborhood views and property value.

The board faced a challenging decision, weighing the necessity of the variance against the significant opposition from neighboring residents who documented drainage issues and structural concerns. Despite these challenges, the board voted on the motion to disapprove the variance, siding with those opposed to the fence’s construction and its implications for neighborhood safety and aesthetics.

Another case involved Barry and Sandra Clinger, who sought a variance for a longstanding carport and storage building that was found non-compliant with current zoning regulations. The Clingers provided a history of their property ownership since 1999 and explained their recent discovery of the issue during plans for further improvements. The board, after a brief discussion, appeared supportive of their request, noting the necessity of adhering to the six factors required for granting a variance. The variance was approved, legitimizing the existing structures.

The meeting also addressed a request from Daniel T. Harrison, represented by his sister Teresa, to retain a shed and carport constructed over 35 years ago. The board deliberated on the absence of permits, attributed to lost records, and ultimately approved the variance with no objections from the audience.

In another case, Timothy Scott Ganon and Denise Irene Ganon, who had previously faced a tie vote on their variance request due to an absent board member, were granted a continuation to ensure a fair hearing with a full board present.

The board also heard from homeowners seeking to legitimize an accessory structure that had been in place for over 21 years. The discussion revealed neighborhood opposition, with concerns about property line encroachment and drainage issues. While the homeowners argued the structure’s legality and necessity for family enjoyment, neighbors contested its size and safety, leading to a tense debate over property rights and neighborhood impacts.

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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