Subject:
Title
Aubri Lucille Williamson requests a change of zoning classification from RU-1-9 to RU-2-10. (24Z00052) (Tax Account 2743715) (District 5)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning & Zoning Board conduct a public hearing to consider a change of zoning classification from RU-1-9 (Single-Family Residential) to RU-2-10 (Medium-Density Multiple-Family Residential).
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from RU-1-9 (Single-Family Residential) to RU-2-10 (Multi-Family Residential) to utilize the single-family dwelling as a short-term rental and to have a zoning more consistent with the majority of properties on the south side of Franklyn Ave. This rezoning action would increase the number of residential development potential from 1 to 2 units upon the 0.17-acre parcel. This parcel has road frontage along the northern access (Franklyn Avenue).
RU-2-10 zoning classification encompasses lands devoted to medium-density multifamily residential purposes, together with such accessory uses as may be necessary or are normally compatible with residential surroundings. RU-2-10 permits multiple-family residential development or single-family residences at a density of up to 10 units. Resort dwellings are a permitted use.
The subject is improved with a single-family home built in 1952. At the time it was constructed, it met all the setback requirements for RU-1-9 zoning. When the application for rezoning was submitted, it became evident that the structure does not meet setback requirements for RU-2-10. Due to this, the applicant applied for a Variance to the front and rear setbacks, which was approved April 16th, 2025.
Approximately 200 feet to the east of the subject property, along the southern side of Franklyn Ave, there was a request to rezone RU-1-11 to RU-2-10. Zoning action 21Z00033 was approved by the Board on 01/27/2022 with a BDP stipulating the “Developer/owner agrees not to use the Property for resort dwelling purposes and, therefore, such use is prohibited.”
The subject property was platted as part of the North Indialantic by the Sea subdivision recorded in Plat Book 9, Page 70 on September 5, 1947. The subject site was split from the original Lot 7 to its current configuration in October 1976. At that time, the subject property complied with the RU-1-11 zoning criteria and was not a nonconforming lot.
The property to the north is a 0.34-acre lot improved with a day care center built in 1983; zoned RU-2-10. South is 0.17-acre parcel developed with a single-family home built in 1982; zoned RU-1-9. East of the subject property is a duplex on .17 acres; zoned RU-2-10 and across Palm Avenue, is a single-family home built on a 0.35-acre lot built in 1971; zoned RU-1-11. West across Franklyn Ave is a single-family residence with RU-1-11 zoning. All the properties described have RES 15 FLU designation.
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, July 17, 2025, beginning at 5 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None