Legislation Details

File #: 9201   
Type: Public Hearing Status: Agenda Ready
File created: 9/22/2026 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 11/16/2026 Final action:
Title: Nancy E. Ruiz (Michael Coop, Sr.) is requesting a zoning classification change from AU to RR-1. (26Z00043) (Tax Account 2002158) (District 1)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. Surveys, 4. GIS Maps
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

Nancy E. Ruiz (Michael Coop, Sr.) is requesting a zoning classification change from AU to RR-1. (26Z00043) (Tax Account 2002158) (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 classification from AU (Agricultural Residential) to RR-1 (Rural Residential).

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Summary Explanation and Background:

The applicant is seeking a change of zoning classification from AU (Agricultural Residential) to RR-1 (Rural Residential) for the stated purpose of subdividing the parcel into two lots to build one single-family home on each lot. The proposed split will introduce two parcels that are less than 2-acres in size, however, there are currently at least four lots on Burkholm Road that are less than 2-acres in size. The parcel has the potential for two (2) parcels with RR-1 zoning. The closest RR-1 zoned parcel is to the east directly across Shamrock Drive. The parcel approved for a rezoning from AU to RR-1 in 1997. However, it has maintained its 2.24 acres lot size.

 

The subject property is an AU-zoned parcel of 2.27 acres.  The parcel was subdivided into this size configuration on February 28, 1973, per Official Records Book 1328, Page 621.  The parcel is part of the Indian River Subdivision and is also known as Lot 6 of Robinswood Unrecorded Subdivision.

 

The Brevard County zoning code was established on May 22, 1958, and at that time the AU zoning classification required a minimum lot size of one acre with a minimum lot width and depth of 125 feet.  On March 6, 1975, the AU zoning classification’s lot size was amended to a minimum of 2.5 acres with a minimum lot width and a minimum lot depth of 150 feet.

 

The property does not meet the current 2.5-acre minimum lot size requirement for the AU zoning.  However, the parcel qualifies as a Nonconforming Lot of Record to the current AU zoning 2.5-acre minimum lot size requirement as the subject parcel was recorded in Official Records Book 1328, Page 621 on February 28, 1973, and met the AU zoning size requirements when the lot was established. The property owner applied for an administrative action 26AA00080, and received an approved Letter of Nonconforming Lot of Record on September 14, 2026.

 

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 10, 2026, 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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