Subject:
Title
Rescission of Resolution 24Z00064 (Casabella Development, LLC (Kim Rezanka)) (24Z00064) (Tax Account 3018651) (District 4)
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners rescind Resolution 24Z00064, which indicated approval of a change of zoning classification from BU-1-A (Restricted Neighborhood Retail Commercial) to RU-2-6 (Low-Density Multiple-Family Residential) with a BDP (Binding Development Plan).
End
Summary Explanation and Background:
The applicant had requested a zoning classification change from BU-1-A (Restricted Neighborhood Retail Commercial) on 5 acres to RU-2-6 (Low-Density Multiple-Family Residential). The subject property consists of one (1) parcel located on the west side of Wickham Rd., approximately 450 ft. north of Casabella Pl. The site is currently undeveloped.
On July 17, 2025, the Board heard the request and unanimously approved the request for RU-2-6 zoning classification with a BDP for no short-term rentals.
Subsequent to this, Resolution 24Z00064 was presented to the Chair for signature in error. Pursuant to Section 62-1157, Brevard County Code of Ordinances, where a BDP is part of a zoning action, “approval of the zoning action is not effective” until the BDP is recorded in the public records of the County. That has not occurred here, and the applicant no longer wishes to proceed with the rezoning. Therefore, it is requested that the Board rescind the resolution that was issued in error. This will effectively nullify the application for rezoning. The applicant concurs with this action.
Clerk to the Board Instructions:
Upon receipt of resolution, please execute and return a copy to Planning and Development.