Subject:
Title
Paul & Cheryl Pearson (Steve Totty) request a zoning classification change from RU-1-9 to RU-2-6. (25Z00035) (Tax Account 2611660) (District 4)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a change of zoning classification from RU-1-9 (Single-Family Residential) to RU-2-6 (Low-Density Multiple-Family Residential).
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Summary Explanation and Background:
The applicant is requesting to change the zoning from RU-1-9 to RU-2-6 on a 0.81-acre site. The purpose of the request is to retain improvements that were in place at the time of purchase (April 25, 2025). The improvements include a single-family home built in 1976, as well as a detached structure built in 2006. The 2006 structure includes a 792 square foot ground-level drive-through portico, and a ground-level 900 square foot garage on the west side of the portico. On the east side of the portico is a 891 square foot rental unit 1. The remainder of the 2006 structure includes a second-floor area with rental units 2 and 3, each containing 660 square feet. The request for RU-2-6 low-density multi-family units is consistent with the RES 6 FLU.
Potential land development constraints include, but are not limited to, structural height standards (Section 62-1371(8)(a), Brevard County Code of Ordinances), breezeway/visual corridor requirements (Section 62-2105), and parking requirements (Section 62-3206). The subject property abuts a single-family zoned parcel to the north, which will restrict building height to 35 feet. The subject property requires a 30% breezeway corridor with its new zoning. The existing improvements impede this requirement, and a variance has been submitted. The site is sufficient in size to accommodate the required parking, which will be addressed in a site plan.
Permitted uses within the RU-2-6 zoning classification include multifamily and single family dwellings, duplexes, and resort dwellings (i.e. short-term rentals).
Variance application 25V00055 addressed required setbacks of the new RU-2-6 zoning, as well as the breezeway requirements for a multi-family use. Specifically, variances were approved as follows: 1) 6.1 feet from the south 10 ft breezeway requirements; 2) allow 1.6 ft from the required 10 ft side (north) setback for the principal structure; 3) allow 6.1 feet from the required 10 ft side (south) setback for the principal structure; and 4) allow 2.2 ft from the required 10 ft side (south) setback for a second primary structure.
The Board of Adjustment Hearing for the proposed variances occurred on October 15, 2025. The variances were granted with a vote of 4 to 0. No objections were noted.
There are no active code enforcement cases on the subject property. However, there have been multiple past code enforcement complaints involving the subject property including, but not limited to, complaints regarding the operation of resort dwellings. The most recent of these cases was in 2021 (21CE-00319); the case was complied prior to hearing (advertisements were taken down).
To the North of the subject property is a single-family home on a 0.60-acre site. It was built in 1956 and is located on a site with RU-1-9 zoning and a RES 6 FLU. To the South is a vacant parcel that is 0.91 acres in size, zoned BU-1 and has a NC (neighborhood commercial) FLU designation. To the East of the subject property is the Indian River and to the West across Highway 1 is a retention pond owned by the State of Florida Department of Transportation.
The Board may wish to consider if the request is consistent and compatible with the surrounding area.
The Board of County Commissioners will consider the request on Thursday, December 11, 2025, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None