2Subject:
Title
Jacob Foune requests a zoning classification change from SR with a BDP to SR with removal of the existing BDP and addition of a new BDP. (25Z00037) (Tax Account 2000804) (District 1)
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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 request from SR (Suburban Residential) with a BDP (Binding Development Plan) to SR (Suburban Residential) with removal of the existing BDP and addition of a new BDP.
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Summary Explanation and Background:
The applicant is requesting a rezoning from SR with a BDP to SR with removal of an existing BDP (Binding Development Plan) and replacement with a new BDP on 0.54-acre parcel to build a single-family home and provide consistency with the proposed land use amendment (companion application (25SS00008). The subject parcel has a single-family residence under construction (24BC21408), which currently has a stop work order pending application approval(s).
The BDP was approved under zoning action 19PZ00098 and recorded in ORB 8662, Page 2523. Specifically, this action approved a rezoning from GU (General Use) to the SR zoning classification on 1.34 acres. At the time, the subject property was combined with other land which allowed compliance with the RES 1 FLU designation. However, RES 1 was, and is not, consistent with the SR zoning classification. The BDP stipulated the developer/owner shall limit development to one single-family residence and may be further restricted by any changes to the Comprehensive Plan or Land Development Regulations. The BDP further stipulated that the developer/owner shall limit density to one unit per acre and may be further restricted by any changes to the Comprehensive Plan or Land Development Regulations.
One (1) single-family residence (SFR) permit, 20BC20801, was issued for construction by Scott Minnick Construction Inc. on the 1.34 acres owned by Thomas & Barbara Tofte, on January 6, 2021. Subsequently, the property was sold to Joseph & Chelsea Minnick and split into two (2) lots of 0.54 acres and 0.89 acres on April 27, 2020, as recorded in ORB 8729, PG 2604 - 2605.
During staff review of the SFR permit, 20BC20801, on October 15, 2020, it was noted by Zoning staff that the documents submitted did not appear to match the approved lot configuration of 19PZ00098. After the submittal of the warranty deed and revised plot plan, Zoning staff was able to review and approve the SFR permit on November 9, 2020.
The 0.89-acre property was sold on October 22, 2021, by Joseph & Chealsea Minnick as recorded in ORB 9302, PG 346 - 347. The 0.54-acre subject property was sold to the applicant, Jacob Foune, by Joseph & Chelsea Minnick on June 4, 2024, as recorded in ORB 10079, PG 2366 - 2367.
These actions violated the conditions of the BDP and Section 62-2102, Brevard County Code of Ordinances, “Alteration of lot,” which states that “no person shall sever any lot in such a manner that a violation of any of the provisions of this chapter would be created on any new or altered lot, including their uses or structures.”
Subsequent to this unlawful split, a permit for a single-family residence was issued (24BC21408). This permit should not have been issued because the lot is a substandard lot as a result of that split and also violated the terms of the original BDP. Upon discovering the error, a Stop Work Order was issued by the Brevard County Building Official.
The proposed new BDP will include the following conditions: (1) the applicant agrees that this rezoning request and companion future land use amendment application was a result of an unlawful lot split by the predecessor in interest, and will stipulate to that fact in any future proceedings regarding that action; and, (2) this rezoning and companion future land use amendment application are not precedential but instead are being requested to resolve the substandard lot that have arisen as a result of the unlawful lot split and, under these particular circumstances, that it be recognized that these actions are being granted based on the unique conditions of the subject property.
North of the subject property is a 1.07-acre parcel zoned RR-1. It has been improved with a single-family residence. South of the subject property, across Golden Shores Blvd., is a 1.43- acre parcel zoned RRMH-1. It has been improved with a single-family mobile home. East of the subject property is a 0.89-acre parcel zoned SR with a BDP. It has been improved with a single-family residence. West of the subject property is a 1.72-acre parcel zoned RR-1. It has been improved with a single-family residence.
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:
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