(22Z00033) (Tax Account 2318342) (District 2)
Jeffrey Ball stated the North Merritt Island Dependent Special District Board heard the request
on August 11th and recommended the SR (Suburban Residential) zoning classification, citing
density and lot size issues with the surrounding area. Also, part of the recommendation was
that the Board of County Commissioners not take action on the request until there is a district 2
commissioner in office.
Regina Dempsey, 1385 Bishop Road, Merritt Island, stated the property is currently
non-conforming, and RU-1-13 is the zoning that will assist in making it conforming.
Bruce Moia stated the property is non-conforming to the existing zoning of AU, and asked why
Ms. Dempsey chose RU-1-13 when there are other zoning classifications that would qualify.
Ms. Dempsey replied the current house on the property is 1,359 square feet, and RU-1-13 is
the classification that changes the non-conforming status.
Public comment.
Jeff Duncan, 4855 N. Tropical Trail, Merritt Island, stated the crux of his objection is that the
zoning change being requested isn’t going from the existing house to two houses, but up to five
houses, per the RU-1-13. He said he would not object if they wanted to go to a zoning that
would allow for one additional house, for a total of two houses on the property. He said he used
the Brevard County zoning and Future Land Use web application site map to determine the
actual zoning for each parcel of land in the area. On North Merritt Island, from S.R. 528 north to
NASA Causeway, and S.R. 3 west to the Indian River, the only existence of RU-1-13 is the
River Island Estates development, which is 2.3 miles away from the subject property. There are
no standalone examples of RU-1-13 in the large section of Merritt Island, which demonstrates
the unprecedented and out of character nature for the requested zoning change. He stated his
second concern is that because district 2 doesn’t currently have a county commissioner in
office, he asks that the zoning request be put on hold until after the election and there is a
district 2 commissioner in place.
Mary Gonzalez, 4990 N. Tropical Trail, Merritt Island, stated she is three properties north of the
subject property. North Merritt Island is rural and has been rural, and almost everybody there
has an acre or more, even the smallest subdivisions are .34-acre lots, but the requested zoning
will allow five houses per acre. The Future Land Use Map is RES 4, but apparently it can be
five houses per acre instead of four, but that is too dense, and even four houses per acre
doesn’t exist on North Merritt Island. She said RU-1-13 is inconsistent because it is too dense
and not necessary because it could be zoned SR, which would allow for one house per
half-acre with a minimum house size of 1,300 square feet. There has not been any other
development in the area for the last three years, and there is also no development approved
but not yet constructed in that time period.
Pam Felski, 361 Treasure Lagoon Lane, Merritt Island, stated she is opposed to the change of
zoning classification as a 20+-year homeowner in the area. She said RU-1-13 is out of
character with the existing neighborhood and area, and it would negatively impact the value of
the adjacent AU properties that are there, as well as the EU-zoned properties across the street.
The change to RU-1-13 is inconsistent with the historical land use patterns in the area and is
incompatible with the surrounding area. She stated since the owner has stated her desire to
have two residences on the 1.41-acre lot, a more appropriate change would be to the SR
classification with a minimum lot size of a half-acre and a minimum living area of 1,300 square
feet, which takes into account the current home at 1,359 square feet. She concluded, given the
impact of what the decision would have in the area, it would be greatly appreciated if the
request could be tabled until there is a district 2 commissioner.