Legislation Details

File #: 8880   
Type: Public Hearing Status: Agenda Ready
File created: 5/11/2026 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 7/13/2026 Final action:
Title: Patricia & James Kent request a change of zoning classification from GU to AU. (25Z00045) (Tax Account 2314112) (District 1)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. Survey, 4. GIS Maps
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Subject:

Title

Patricia & James Kent request a change of zoning classification from GU to AU. (25Z00045) (Tax Account 2314112) (District 1)

End

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 request for change of zoning classification from GU (General Use) to AU (Agricultural Residential).

End

Summary Explanation and Background:

The applicant is requesting a change of zoning classification from GU (General Use) to AU (Agricultural Residential) on 2.22 acres. The subject property is improved with a single-family residence and accessory structures. The applicant intends to retain the existing structures and apply for further improvements to the subject property. The subject property contains an existing structure that exceeds current accessory structure size allowances as provided in Section 62-2100.5(d), Brevard County Code of Ordinances. AU zoning permits accessory buildings to be exempt from size limitations listed within Section 62-2100.5(a, b, and d). 

While the parcel does not meet the current minimum lot size for GU zoning (5 acres), Brevard County Property Appraiser’s Office records indicate that the current property configuration was established with the recordation of Canaveral Groves Subdivision, Sec. 33 in Survey Book 2, Page 55 in August of 1960. The subject property retains the original GU zoning classification as established with the adoption of the zoning code on May 22, 1958, and the original Future Land Use designation of RES 1:2.5 (Residential, one unit per 2.5 acres) as established by the adoption of the Brevard County Comprehensive Plan on September 8, 1988. Prior to May 19, 1975, GU zoning classification required a minimum lot area of one acre. Since May 20, 1975, the GU zoning classification requires a lot area of five acres. Staff analysis indicated the property configuration was recorded in August 1960; therefore, the subject property could be considered a non-conforming lot of record. Section 62-1188(8) permits consideration of rezoning of non-conforming lots of record to classifications that are consistent with the density allowances of the Comprehensive Plan.

The minimum lot size for AU-zoned properties is 2.5 acres. A variance (application 25V00070) was approved on November 19, 2025, to permit a variance of 0.28 acres from the required 2.5-acre lot area for the proposed AU zoning. The AU classification also permits the raising/grazing of animals, fowl, beekeeping, plant nurseries, and the packing and processing of commodities raised on site. Conditional uses in AU include roadside stands, hog farms, zoological parks, and land alteration.

 

The property to the north of the subject property is a 2.22-acre lot zoned AU with a RES 1:2.5 FLU and improved with a single-family home from 1998. South of the subject property is a 2.22-acre parcel zoned GU with a RES 1:2.5 FLU and developed with a single-family home built in 1990. East of the subject property across the Pine St. right-of-way is a 2.38-acre site zoned GU with a RES 1:2.5 FLU and improved with a single-family residence from 2002. West of the subject property across the canal right-of-way is a 4.44-acre site zoned AU with a RES 1:2.5 FLU and 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, August 06, 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:

None