Subject:
Title
Christopher and Jennifer Profeta of the Profeta Family Trust request a CUP for a Private boat dock adjacent to a single-family residence. (25Z00052) (Tax Account 2953082 [Dock parcel)] and 2953446 {Single-family residence parcel]) (District 3)
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 CUP (Conditional Use Permit) for a Private boat dock adjacent to a single-family residence.
End
Summary Explanation and Background:
The applicant is requesting approval of a Conditional Use Permit (CUP) per Section 62-1943.3 for a private residential boat dock accessory to a developed single-family residential lot. Additionally, a waiver is requested to Section 62-1943.3(1). The dock lot under consideration is the lot the applicant recorded on January 3, 2023, in ORB 9689, Page 1485.
Section 62-1943.3 allows a private boat dock on a separate waterfront parcel to serve as an accessory use to an adjacent residential lot through approval of a Conditional Use Permit (CUP). For purposes of the section, the residential lot must be within the same platted subdivision or within 1,000 feet of the dock parcel, and both properties must remain under the same fee simple ownership. The dock parcel must meet minimum water frontage requirements, may accommodate no more than two boats, and cannot be used for commercial purposes, boat launching, boat trailer storage, or other accessory structures. The dock must also comply with the applicable development standards of Section 62-2118.
Per Section 62-1943.3, Owners of docks established prior to November 17, 2008, may request a waiver of any of the following conditions as part of the conditional use permit review process. The applicants are also requesting a waiver of Section 62-1943.3(1); that the dock to be constructed must be owned and used by the owner of a residential lot or parcel (or residential tenant of said lot or parcel) located within either the same platted subdivision or within 1,000 feet of the dock parcel. The applicant's residential developed parcel is located in the Crystal Lake Subdivision First Addition, approximately 1,380 feet east of the subject property waterfront dock parcel located in Crystal Lake Subdivision Second Addition.
The subject dock parcel, which is 50 feet in width, is located on the south side of Lake Devon, north of Ross Avenue, and 410 feet west of Seiler Street. On July 12, 1979, the dock lot was rezoned from the General Use (GU) zoning classification to the Single-family residential (RU-1-13) zoning classification under zoning action Z-4996. On October 18, 1995, the dock lot received variance approval under V-2685, which granted four (4) waivers to code (lot width, lot depth, lot area and allowed the proposed accessory structure [boat dock] to be constructed prior to the construction of the principal residence). The variance file notes the originally proposed dock was approved as a four (4) foot wide by sixteen (16) foot long projection into the water. On November 15, 2017, an electrical permit for the existing dock was issued under permit 17BC20611. Historical aerial imagery confirms the existence of a dock at the subject property prior to November 17, 2008, confirming it is within the Board’s purview to grant the requested waivers under Section 62-1943.3.
The dock plan shown on the applicant’s survey exceeds the original area of the approved variance. This expanded area fails to meet the required side yard setback from the projected property line into the waterway. The Board of Adjustment heard the variance request on August 19, 2026, under Variance Action 26V00037. The request was approved.
The parent parcel has a single-family home that was built on the parcel in 1986, predating the Brevard County 1988 Comprehensive Plan. Both the residence and the dock parcel retain the RU-1-13 zoning classification. The applicant wishes to retain the existing dock and to obtain approval to construct a second dock on the waterfront parcel. An updated survey has not been submitted to reflect the proposed dock configuration.
The abutting parcels located to the east, south, and west from the dock parcel are zoned RU-1-13.
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, October 01, 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, Viera, Florida.
Clerk to the Board Instructions:
None