Board of Adjustment - June 15, 2011

June 15, 2011, 1:30 p.m.
Brevard County Government Center
2725 Judge Fran Jamieson Way-Bldg. C
Commission Room, Viera, Florida

DISTRICT 1

1.  THOMAS K. & MARY E. MINYARD – request a variance of Chapter 62, Article VI, Brevard County Code, Section 62-1341 (5) (a) to permit a variance of 3 ft. from the required 7.5-ft. side setback (south) for an accessory structure in an RU-1-9 zoning classification. The property is described in Section 27, Township 24, Range 35.  (0.52 acre)  Located on the east side of Ohio St., approx. 100 ft. south of Prospect St.; and also having frontage on the west side of Pearl St., approx 100 ft. south of Prospect St. (20 Ohio St., Cocoa)

BOA ACTION:  Kusterer/Rosasco – APPROVED, as depicted on the survey provided by the applicant, and for the life of the existing structure only.  Vote was unanimous.  V-3345.

DISTRICT 2

2.  JAMES P. & CHRISTINE M. TOBIN, TRUSTEES – request variances of Chapter 62, Article VI, Brevard County Code, /1/ Section 62-2118 (d) (2) to permit a variance of 7.5 ft. from the required 7.5-ft. side setback (west), as projected in a straight line into the waterway, for a boat dock; and /2/ Section 62-2118 (d) (2) to permit a variance of 7.5 ft. from the required 7.5-ft. side setback (east), as projected in a straight line into the waterway for a boat dock. The property is zoned RU-1-11 and is described in Section 14, Township 24, Range 36. (0.29 acre) Located on the northeast corner of Malaga Ct. & N. Sykes Creek Dr.
(200 Malaga Ct., Merritt Island)

BOA ACTION:  Hillberg/Rosasco – APPROVED, as depicted on the survey submitted with the application, excluding the portion outside of the applicant’s property line.  Vote was unanimous.  V-3346.

3.  CHARLES C. MEILBYE – requests a variance of Chapter 62, Article VI, Brevard County Code, Section 62-1339 (4) to permit a variance of 73 ft. from the required 100-ft. minimum lot width in an EU zoning classification. The property is described in Section 12, Township 25, Range 36. (1.33 acres) Located on the east side of S. Courtenay Pkwy., approx. 720 ft. north of Plantation Rd. (Merritt Island)

BOA ACTION:  Hillberg/Rosasco – APPROVED, as depicted on the survey provided by the applicant.  Vote was unanimous.  V-3347.

4.  DAN TROWBRIDGE, TRUSTEE – requests a variance of Chapter 62, Article VI, Brevard County Code, Section 62-1402 (5) (a) to permit a variance of 7.5 ft. from the required 7.5-ft. side setback (west) in a TR-1 zoning classification. The property is described in Section 15, Township 23, Range 36. (0.18 acre) Located on the south side of St. Charles Ave., approx. 800 ft. west of Whaley Rd. (415 St. Charles Ave., Merritt Island)

BOA ACTION:  Hillberg/Kusterer – DENIED.   Vote was 4:1, with Rosasco voting nay.
V-3348.

DISTRICT 3

5.  HENRY E. BECK AND ANNE B. BRIGGS – request a variance of Chapter 62, Article VI, Brevard County Code, Section 62-1336 (5) (b) to permit an accessory building to be located forward of the front building line of the principal structure in an RR-1 zoning classification. The property is described in Section 20, Township 30G, Range 38. (1.17 acres) Located on the north side of Fleming Grant Rd., approx. 217 ft. east and opposite of the northern terminus of River Dr. (9735 Fleming Grant Rd., Micco)

BOA ACTION:  Rosasco/Young – Approved, as depicted on the survey provided by the applicant.  Vote was unanimous.  V-3349.

DISTRICT 4

6.  BREVARD COUNTY - (Brevard County Sheriff’s Office) – requests a variance of Chapter 62, Article IX, Brevard County Code, Section 62-3316 (b) (2) to permit a variance of 522 sq. ft. over the 150 sq. ft. allowed for sign surface area of a freestanding sign. The property is zoned AU & GML and is described in Section 1, Township 25, Range 35. (48.92 acres) Located on the south side of Pluckebaum Rd., approx. 0.5 mile west of Range Rd. (2955 Pluckebaum Rd., Cocoa)

BOA ACTION:  Young/Kusterer – DENIED. Vote was 3:2, with Bovell & Rosasco voting nay.
V-3350.

7.  KEVIN J. & BEVERLY H. HOWALD – request a variance of Chapter 62, Article VI, Brevard County Code, Section 62-1341 (5) (a) to permit a variance of 4 ft. from the required 20-ft. rear setback in an RU-1-9 zoning classification. The property is described in Section 13, Township 26, Range 36. (0.31 acre) Located on the east side of the western portion of Lake Victoria Circle, approx. 100 ft. south of Vizcaya Ct. (585 Lake Victoria Circle, Melbourne)

BOA ACTION:  Bovell/Kusterer – APPROVED, as depicted on the survey provided by the applicant.  Vote was unanimous.  V-3351.

8.  MARK & KELLY PALACE – request variances of Chapter 62, Article VI, Brevard County Code,
/1/ Section 62-1340 (5) (b) to permit a variance of 4 ft. from the required 7.5-ft. side setback (east) for an accessory structure; and /2/ Section 62-1340 (5) (b) to permit a variance of 4 ft. from the required 7.5-ft. rear setback for an accessory structure, in an RU-1-11 zoning classification. The property is described in Section 26, Township 26. Range 37. (0.18 acre) Located on the north side of West Claridge St., approx. 585 ft. west of Third Ave. (357 West Claridge St., Satellite Beach)

BOA ACTION:  Kusterer/Rosasco – DENIED.   Vote was 3:2, with Bovell & Young voting nay. V-3352.

Pursuant to Section 62-254, Brevard County Code, any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may, within thirty (30) days after the date of the public hearing at which the decision was rendered, but not thereafter, apply to a court of competent jurisdiction for appropriate relief.

Speakers must provide their names and addresses for the public record. If you do not wish to verbally state your address, you may ask the clerk at the podium for an address card.