Minutes Board of Adjustment  
1:30 PM  
Call To Order - 1:30 p.m.  
Approval of Minutes - June 15, 2022  
Motion by Jack Higgins, seconded by Kevin McCann, to approve the June 15, 2022, minutes.  
The motion passed unanimously.  
Result: APPROVED  
Mover: Jack Higgins  
Seconder: Kevin McCann  
H.  
Public Hearings  
H.1.  
OBC Realty, LLC (Michael Allen) requests variances to the minimum lot width and breezeway  
requirements in an RU-2-15 zoning classification. (22V00005) (Tax Account 2520973) (District  
2)  
Jack Kirschenbaum, Attorney with Gray Robinson, 1795 W. Nasa Blvd., Melbourne, stated  
many board members may be familiar with the strip of Brevard County on the barrier island just  
north of Patrick Air Force Base. In the 1950’s the oceanfront area was platted with as 50-ft.  
lots. In the 1960’s it started being developed with various businesses, and the property became  
a problem area in the early 1970’s but it has enjoyed a renaissance, and anyone who has  
driven there lately will see there is everything from 8-story luxury condos to riverfront resort  
destinations, upscale restaurants, duplexes, and quadraplexes. The subject property is a 3-unit  
dilapidated multi-family structure that has been empty for a long time. He stated his client has a  
plan to redevelop and renovate the property. He noted the property already enjoys a variance  
for a reduction from 10-foot setbacks to 5-foot setbacks. As previously stated, the property was  
platted a long time ago on 50-foot lots, and now the minimum lot width in the RU-2-15 zoning  
classification is 75 feet. The first request is for a variance from that 75 feet to allow the project  
to move forward. The second request is a variance from the breezeway. He explained the  
proposed project is to use the footprint of the existing structure, and it will use the footprint from  
the east toward the west. There is a fairly complicated formula to calculate breezeway, and in  
this particular instance, the breezeway would act as a double setback. He stated the project will  
have a setback on the north side of 5 feet and on the south side of 8 feet, which doesn’t take  
advantage of the entire variance that was previously granted. To permit and construct the  
proposed project, which will be an upscale, 4-unit multi-family residence, the two variances are  
needed from the width of the lot and from the breezeway. He said currently, under the County  
formula, the breezeway calculated is 21.4 feet and his client is seeking an 8.2-foot variance  
from that requirement. He stated these minimal setbacks are enjoyed by almost all of the  
properties up and down A1A in Cocoa Beach, and they are the minimum variances that will  
make the project functioning, upscale, and fit in with the neighborhood.  
Kevin McCann stated he understands the request and he doesn’t have any questions.  
George Bovell stated it appears the developer will have to extend the foundation in order to  
accommodate the project, but will not exceed the current setback on the side.  
Mr. Kirschenbaum stated that is correct, there will be additional foundation outside of the  
existing footprint of the building, but it does not go into the previously granted setback area, it is  
still 8 feet from the property line. The southern extremity from the new foundation will be 8 feet  
from the southern property line.  
Mr. Bovell asked where the breezeway is located.  
Michael Allen, Allen Engineering, 106 Dixie Lane, Cocoa Beach, stated the breezeway will run  
from N. Atlantic Avenue toward the ocean, and from the building to the property line on the  
north, which is 5.2 feet; and on the south it follows the line of the building at 8 feet. He stated  
the purpose of the breezeway is for airflow.  
Bill Huffman asked the width of the path way if emergency vehicles need to access the back of  
the property. Mr. Allen replied, in front there is a covered parking area and emergency vehicles  
will enter from A1A, go under the parking area and down the sidewalk to access the back,  
which is standard for similar condominiums in the area.  
Public comment:  
Warren Chambers, 3485 S. Atlantic Avenue, Cocoa Beach, stated he has been in favor of  
improvements done so far in the area by OBC Realty. He said he is not against development  
on the subject property, but his concern is that the previous two properties to the north had to  
set back off of the ocean, and he believes the subject property needs to set back off of the  
ocean. He clarified that he wants the property developed, but is concerned about beach  
erosion.  
Paul Body explained there is a coastal construction setback line that is regulated by the Natural  
Resources Department, and they will review those setbacks.  
John Osborne, 3445 S. Atlantic Avenue, Cocoa Beach stated he owns property immediately  
adjacent to the north of the subject property. He said his condominium was built in 2006 and  
met all of the setbacks and regulations at that time. He stated he thinks the proposed project  
will look nicer than what is there right now, but he has not heard an argument that it is in the  
public’s interest that the variances should be approved. Principally, it will be a transient facility,  
set up with three units, two-bedroom, two-bath, and they can be rented for one week at a time.  
He said he and others in his condominium would like to see the applicant meet the existing  
regulations and construct a facility that would actually have a benefit to the neighbors.  
Mr. Kirschenbaum stated in regard to the easternmost portion of the project, Mr. Allen has gone  
to the Department of Natural Resources and the project is within all of the regulations that  
allows the re-building of the building to the previous footprint, and there is a letter in the file  
authorizing the footprint for the proposed project. He noted it is proposed to be a 4-unit project  
at this time, but after site planning it could be less.  
Motion by Kevin McCann, seconded by George Bovell, to approve the variances as depicted on  
the plans provided by the applicant.  
Mr. McCann stated he visited the property and he agrees it is in a dilapidated state and any  
kind of improvement would be an improvement to the area. He noted the breezeways are  
sufficiently wide enough to accommodate any emergency vehicles.  
Bill Huffman read aloud the six criteria for a hardship and explained the justifications for  
approving the variance.  
Mr. Huffman called for a vote on the motion as stated and it passed unanimously.  
Result: APPROVED  
Mover: Kevin McCann  
Seconder: George Bovell  
H.2.  
James O. and Donna Andrus Born request a variance for fence height in an EU zoning  
classification. (22V00014) (Tax Account 2317189) (District 1)  
James Born, 4690 Brentwood Drive, Cocoa, stated Brentwood Drive is at the very end of Indian  
River Drive, going north, it is fairly isolated and his house is the last house on the street. When  
he purchased the house there was heavy foliage and the Boy Scout camp and fire station in  
front of his property, which completely blocked U.S. 1. He said the foliage has been cleaned  
out and now there is a view from U.S. 1 to his house, making it the only house on the street  
visible from U.S. 1. He stated he would like to extend the 4-foot fence in the front to 6 feet, for  
privacy. He noted he has spoken to his neighbors and they are in support of the request.  
No public comment.  
Motion by Jack Higgins, seconded by George Bovell, to approve the variance as depicted on  
the survey.  
Bill Huffman read aloud the six criteria for a hardship and explained the justifications for  
approving the variance.  
Mr. Huffman called for a vote on the motion as stated and it passed unanimously.  
Result: APPROVED  
Mover: Jack Higgins  
Seconder: George Bovell  
H.3.  
Lisa C. Shover requests three variances for a swimming pool, and one variance for an accessory  
structure in an RU-1-13 (Single-Family Residential) zoning classification. (22V00015) (Tax  
Account 2502115) (District 2)  
Lisa Shover, 155 Bonita Drive, Merritt Island stated she has been trying to put in a pool since  
November 2021. She has submitted many permits for pools, and have moved it and adjusted it  
many times, and finally in January staff helped figure out how to fit the pool on the property.  
She explained she does not have a backyard, all of her yard is in the front. She stated she was  
also told she needs a variance for a carport that has been on the property for over 25 years.  
Kevin McCann stated regarding the carport, it’s common that people purchase properties after  
the code has changed, or the previous owners built something outside of the code. When  
someone asks for a variance for one thing, staff checks to make sure everything else on the  
property is within code. He stated he drove by the property and agree that there is not a  
backyard, it’s almost three side yards and a front yard, and he agrees that the only place for a  
pool is in the front yard. He asked what the primary entrance will be once the pool is  
constructed. Ms. Shover replied it will be on Marlin Street. Mr. McCann asked if she plans to  
enclose the pool. Ms. Shover replied she plans a privacy fence.  
George Bovell stated the pool will be in the best location it could possibly be with the double  
frontage, and the issue with the carport should not be a problem.  
Jack Higgins asked if the fence be at the property line or just around the pool. Ms. Shover  
replied the fence will only be around the pool.  
No public comment.  
Motion by Kevin McCann, seconded by George Bovell, to approve the variances as depicted on  
the survey provided by the applicant.  
Bill Huffman read aloud the six criteria for a hardship and explained the justifications for  
approving the variance.  
Mr. Huffman called for a vote on the motion as stated and it passed unanimously.  
Result: APPROVED  
Mover: Kevin McCann  
Seconder: George Bovell  
H.4.  
Todd J. Starkey (Brian Stephens) requests a variance for a screened pool enclosure in a PUD  
(Planned Unit Development) zoning classification. (22V00016) (Tax Account 2631042) (District  
4)  
Brian Stephens, Attorney with Dean Meade, 7380 Murrell Road, stated his client is requesting a  
variance to be able to encroach into the setback by 18 inches for a pool screen enclosure. He  
said despite the fact that when the permit application was submitted for the pool in a manner  
that was compliant with code and compliant with setbacks, the pool improvements were put in  
the ground in a location such that when finished would result in an 18-inch encroachment.  
Specifically, the portion that will encroach will be the footers for the screen enclosure.  
George Bovell asked if the basic structure of the pool already in the ground. Mr. Stephens  
replied yes, it is.  
Mr. Bovell stated in Viera there have been several properties with pools built within the setback  
and needed variances, so he does not have no problem with the request.  
No public comment.  
Motion by George Bovell, seconded by Jack Higgins, to approve the variance as depicted on  
the survey provided by the applicant.  
Bill Huffman read aloud the six criteria for a hardship and explained the justifications for  
approving the variance.  
Mr. Huffman called for a vote on the motion as stated and it passed unanimously.  
Result: APPROVED  
Mover: George Bovell  
Seconder: Jack Higgins  
H.5.  
Board of County Commissioners, Brevard County, Florida (Tim Lawry) requests a variance from  
the front setback in a GML(H) zoning classification. (22V00019) (Tax Account 2606131) (District  
4)  
Tim Lawry, Brevard County Public Works, Facilities, 2725 Judge Fran Jamieson Way, Viera,  
stated Facilities is designing, permitting, and constructing a traffic management building at  
2925 Pineda Causeway. He explained the current ordinance was adopted in 1994 and since  
then the overpass has been built to fly over the railroad tracks. The frontage of the property  
would have been on Pineda Causeway before the overpass was built, but now the overpass  
has changed the elevation, and now there is an exit that ramps down on the west side of the  
building. The front of the building is on the southwest corner of the property because of the hill  
behind it, which is the overpass.  
Kevin McCann asked if Holy Trinity uses the same access. Mr. Lawry replied they do access it,  
but there is another access at the bottom of the hill with a traffic light.  
Jack Higgins asked if the facility will be the traffic management building for the entire county.  
Mr. Lawry replied it will be the main facility for the center of the county.  
No public comment.  
Motion by George Bovell, seconded by Jack Higgins, to approve the variance as depicted on  
the site plan provided by the applicant.  
Bill Huffman read aloud the six criteria for a hardship and explained the justifications for  
approving the variance.  
Mr. Huffman called for a vote on the motion as stated and it passed unanimously.  
Result: APPROVED  
Mover: George Bovell  
Seconder: Jack Higgins  
Public Comment  
Adjournment  
Pursuant to the Florida Rules of Appellate Procedure, any person or persons jointly or  
severally aggrieved by any decision of the Board of Adjustment may, within thirty (30) days  
after the date the order is signed, apply to a court of competent jurisdiction for appropriate  
relief. Speakers must provide their names and addresses for the public record.  
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,  
persons needing special accommodations or an interpreter to participate in the proceedings,  
please notify the Planning and Development Department no later than 48 hours prior to the  
meeting at (321) 633-2069.  
Assisted listening system receivers are available for the hearing impaired and can be obtained  
from SCGTV staff at the meeting. We respectfully request that ALL ELECTRONIC ITEMS  
and CELL PHONE REMAIN OFF while the Planning and Zoning Board is in session. Thank  
You.  
This meeting will be broadcast live on Space Coast Government Television (SCGTV) on  
Spectrum Cable Channel 499, Comcast (North Brevard) Cable Channel 51, and Comcast  
(South Brevard) Cable Channel 13 and AT&T U-verse Channel 99. SCGTV will also replay  
this meeting during the coming month on its 24-hour video server nights, weekends, and  
The Agenda may be viewed at: http://www.brevardfl.gov/Board Meetings