Built from draft minutes printed in an agenda packet — no AI-written textBriefing final
The City's record
What the City's record shows
Draft minutes printed in the City's agenda packet of 2026-08-19, pp. 7–9; approved with amendments by the Board of Adjustment according to the draft minutes of 2026-08-19 (that draft's own approval is not found in the records on file); the approving motion: “approve the July 1, 2026, Special Meeting Minutes with amendments to grammatical errors”; the amendment is quoted from that motion and is not applied in these records. The City has not posted the approved minutes.The approving motion, “to approve the July 1, 2026, Special Meeting Minutes with amendments to grammatical errors”, is in the draft minutes printed for approval in the 2026-09-16 agenda packet (2505_Board_of_Adjustment_September_16_2026.pdf, packet pp. 7–10).
Built only from this meeting's draft minutes (2455_BOA_August_19_2026_Full_Agenda.pdf, packet pp. 7–9). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Dan Quattrocchi, Robert Butler, Pam Shaia, Jose Pacheco, Jennifer Moton, Ashley Lanier
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Listed absent: Robert Dyar, Margaret Goudelock
Also listed as present (staff and other roles): Kristin Eick (City Attorney), Stockton Whitten (City Manager), Luci Ribeiro (City Planner), Breanna Earley (Recording Secretary)
Named on at least one ballot later in the meeting: Butler, Lanier, Moton, Pacheco, Quattrocchi, Shaia (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (2)
to approve the July 1, 2026, Special Meeting Agenda, and to approve the June 17, 2026, Regular Meeting Minutes as written (moved by Shaia, seconded by Moton); PASSED 4-0; ayes: Quattrocchi, Shaia, Pacheco, Moton; nays: none — the draft minutes, packet pp. 7–9
to adjourn the July 1, 2026 meeting (moved by Moton, seconded by Pacheco); PASSED 6-0; ayes: Quattrocchi, Moton, Shaia, Pacheco, Lanier, Butler; nays: none — the draft minutes, packet pp. 7–9
Draft minutes, as printed in a later agenda packet
Draft minutes printed in the City's agenda packet of 2026-08-19, pp. 7–9; approved with amendments by the Board of Adjustment according to the draft minutes of 2026-08-19 (that draft's own approval is not found in the records on file); the approving motion: “approve the July 1, 2026, Special Meeting Minutes with amendments to grammatical errors”; the amendment is quoted from that motion and is not applied in these records. The City has not posted the approved minutes.
MEETING MINUTES
July 1, 2026
A Special meeting of the Board of Adjustment of the City of Cocoa was held on Wednesday, July 1, 2026, in the
Council Chambers at 65 Stone Street, Cocoa, as publicly noticed.
I. OPENING MATTERS:
Chair Quattrocchi called the meeting to order at 5:37 pm.
The Recording Secretary called the roll.
ROLL CALL:
Dan Quattrocchi Chairperson
Robert Butler Vice Chair
Robert Dyar Board Member
Pam Shaia Board Member
Jose Pacheco Board Member
Jennifer Moton Board Member
Margaret Goudelock Board Member
Ashley Lanier Alternate Board Member
MEMBERS PRESENT:
Dan Quattrocchi Chairperson
Robert Butler Vice Chair
Pam Shaia Board Member
Jose Pacheco Board Member
Jennifer Moton Board Member
Ashley Lanier Alternate Board Member
MEMBERS ABSENT:
Robert Dyar Board Member
Margaret Goudelock Board Member
OTHERS PRESENT:
Kristin Eick City Attorney
Stockton Whitten City Manager
Luci Ribeiro City Planner
Breanna Earley Recording Secretary
I. APPROVAL OF AGENDA AND MINUTES:
AGENDA: Special Meeting of July 1, 2026
MINUTES: Regular Meeting of June 17, 2026
* Motion by Board Member Shaia ; Seconded by Board Member Moton to approve the July 1,
2026, Special Meeting Agenda, and to approve the June 17, 2026, Regular Meeting Minutes as
written.
Ayes: Quattrocchi, Shaia, Pacheco, Moton
Motion Passed Unanimously (4-0).
II. OLD BUSINESS:
III. NEW BUSINESS:
1. PZ 26–00700002 –Variance - 1198 N Indian River Dr
Luci Riberio, City Planner, presented a PowerPoint for Variance 1198 N Indian River Dr1.
Applicant presented a PowerPoint for the variance2.
Vice Chair Butler arrived at 5:53 PM.
Applicant continued providing a history on 1198 N Indian River Dr.
Alternate Board Member Lanier arrived at 5:58 PM.
Applicant continued with the PowerPoint presentation.
Chair Quattrocchi asked why the zoning was changed.
Ribeiro, explained the zoning.
Quattrocchi asked about the demolition.
Applicant explained the site plan and what would be rebuilt.
Board member Moton, asked about flooding and drainage requirements.
Ribeiro, stated the impervious area is the only thing considered.
Board member Pacheco, asked about the setbacks.
Ribeiro, detailed the setbacks.
Pacheco, asked about elevation.
Applicant stated the final elevation would be 4’8.
1 Exhibit A: PowerPoint
2 Exhibit B: Applicant PowerPoint
Attorney Eick, wanted to ensure the board was aware all criteria was met to provide the
variance.
Board member Shaia, asked for further clarification on the job scope.
Applicant explained.
Quattrocchi asked why the addition is necessary.
Applicant provided explanation for why it neds to be done.
City Manager Whitten explained if the applicant were to rebuild as is, they would s till
experience the conditions and issues they are currently.
Pacheco, asked about the criteria needed.
Attorney Eick, further clarified the criteria needed.
* Motion b y Board Member Shaia ; Seconded by Board Member Moton to approve with staff
recommendations as presented and written and relief from Appendix A, Article X, Section 5
governing expansion of nonconforming structures.
Ayes: Quattrocchi, Moton, Shaia, Pacheco, Butler, Lanier
Motion Passed Unanimously (6-0)
IV. OTHER BUSINESS:
V. NEXT MEETING DATE: July 15, 2026, at 6:00 pm at 65 Stone Street, Cocoa, FL.
VI. ADJOURNMENT
* Motion by Board Member Moton; Seconded by Board Member Pacheco to adjourn the July 1,
2026 meeting.
Ayes: Quattrocchi, Moton, Shaia, Pacheco, Lanier, Butler
Motion Passed Unanimously (6-0)
There being no further business the meeting adjourned at 6:46 P.M.
______________________________________
Dan Quattrocchi, Chairperson
______________________________________
Breanna Earley, Recording Secretary
Agenda (the City's wording)
No time links are shown for this meeting.
An item without a time link may still have been discussed; the link is only added when the automatic match is strong.
I. Opening Matters
1. Pledge of Allegiance
2. Roll Call
II. Approval of Agenda and Minutes
1. Agenda: Special Meeting of July 1, 2026.
2. Minutes: Regular Meeting of June 17, 2026.
III. Old Business
1. Variance 1198 N Indian River Dr
IV. New Business
V. Other Business
VI. Next Meeting Date: Wednesday, July 15, 2026, at 6:00 pm at 65 Stone Street in Cocoa, FL.
VII. Adjournment
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
275 suspect passage(s) marked in place; inspection incomplete: language review.
How this transcript was made. New machine transcription of the whole recording, with 11 voices separated from the audio.
54 short machine repair(s) (67 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 88.8% of 10,116 content words.
Dotted words (259 places) are ordinary wording differences: hover or tap to see the other reading.
275 passages (26% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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All right. All in favor? Aye. Aye. Any opposed? All right. Those pass. And we'll move straight into our business for this evening, which is the variance at 1198 North Indian River Drive. Lucy thank you very much and we will turn
Flag: words were replaced by a machine repair · 00:01:48–00:01:49 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
your last name ‸ so a very tonight we are here for our variance requests from Appendix 8, Article 10, Nonconformities, Section 5, to allow for an approximately 861 square foot addition to a nonconforming residential structure that increases its nonconformity. And
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So the zoning district for this properties is residential state and has a feature land use of very low density residential. so in summary, the the request is to expand a legally nonconforming home. The new addition has, as mentioned, 861 square feet addition. The variance is to allow the expansion within the existing front setback and also seeking a relief from the 50 feet required to approximately 25. so staff did a historical research and the original lot
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that we have today, which requires a 50-foot front setback. Planning staff also identify a 1977 Board of Adjustment variance approving the construction of a detached garage.
Flag: words were replaced by a machine repair · 00:04:44–00:04:44 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
used to be at some point in history got combined with the lot 18. And furtherly you know, later on got divided and sold separately. We were not able to track when that exactly happened, but based on the variance application, that is actually part of your package, you can see that information that was provided to you.
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years the city has treated the resident as a legally established non-conforming structure subject to the applicable provisions of the city land development regulations.
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table, comparing information obtained from the property appraiser's records, the boundary survey and architectural plans submitted with the building permit application that we have on hold at the moment waiting for this variance. Um, the applicant states that the reconstruction of the affected portion of the dwelling would allow deterioration of structural components to be addressed and provide an opportunity to relocate mechanical, electrical and plumbing systems to locations more consistent with current building standards. So you can see the property
Flag: the recognized words and the detected speech do not line up · 00:06:35–00:07:13 · gap filled by a machine re-reading (not checked by a person)
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:07:20–00:07:24 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:07:27–00:07:31 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 00:07:42–00:07:47 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 00:07:52–00:07:57 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:08:05–00:08:14 · unresolved: the words are not shown (unclear audio); listen to the recording
the required variance criteria. The ultimate determination must be based upon the confidence substantial evidence presented during this public hearing.
staff reports. That is number, the criteria A through F. So the subject property is unique within the residential state zoning district because it's the only residential state
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And it's categorized by an irregular waterfront configuration created by the Mandarin shoreline of the india river unlike the surrounding interior lots to the west the parcel has a constrained building envelope to its limited average
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district while maintaining the existing residential use as the established building and established building line. Unlike the subject property, the surrounding residential state lots generally have sufficient width and depth to accommodate development while while meeting the required 50 foot front setback. the subject property The subject property's
configuration, limited average depth, and waterfront location reduce the other available building envelope in a matter there is not typical of other properties within this district. The existing resident in his location were established prior to the current honors acquisition of the property and prior to the adoption of the current zoning regulations. ‸ Granting the request variance would not authorize additional residential density, commercial activities, of the vision of the property, or any use otherwise prohibited within the residential state zoning district. The variance would allow improvements to existing legally established single family residents while maintaining the property's existing residential use.
Flag: words were replaced by a machine repair · 00:11:13–00:11:14 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
In making this determination, the board should evaluate the evidence presented regarding the property's physical characteristics, characteristics the proposed ‸ improvements,
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practical variance necessary to allow the reasonable use of the ‸ property as discussed in the staff report If the applicant does not provide sufficient evidence addressing this matter
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or deny the application because the record would not establish that the requested variance the minimum variance necessary to make reasonable use of the building or structure
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:12:20–00:12:22 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:12:30–00:12:36 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:31]Speaker 8 (name not verified) · Unclear audio
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[00:12:38]Speaker 8 (name not verified) · Unclear audio
Flag: numbers, amounts, negation or names differ between the machine readings · 00:12:46–00:12:46 · unresolved: the words are not shown (unclear audio); listen to the recording
the schematics of like ‸ the elevation and stuff like that But we didn't have a survey Right To show like a proposed like it'd be helpful to have a survey to see what's where it's proposed Yes
Flag: numbers, amounts, negation or names differ between the machine readings · 00:13:01–00:13:02 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: the recognized words and the detected speech do not line up · 00:13:03–00:13:07 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 00:13:12–00:13:13 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: words were replaced by a machine repair · 00:13:14–00:13:14 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:13:21–00:13:24 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: words were replaced by a machine repair · 00:13:35–00:13:35 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
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[00:13:58]Speaker 8 (name not verified) + overlapping voice
Okay Okay First of all I'd like to say thank you guys very much for having us here The stakes are high The decision that you guys make, it's going to determine where I live and how I live going forward
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:14:14–00:14:42 · unresolved: the words are not shown (unclear audio); listen to the recording
I do appreciate that Thank you for your consideration and everything So all the students have to have something to do with this My neighbors, these are my neighbors They're the three closest neighbors to me
[00:14:57]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:10]
Flag: the machine readings disagree here · 00:14:57–00:15:07 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:07]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:09]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 00:15:07–00:15:16 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:19]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:03]
Flag: the recognizer flagged its own output; a language review questioned the wording · 00:15:19–00:15:21 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: words only one machine reading has (possibly not said); the recognizer flagged its own output · 00:15:24–00:15:27 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:25]Speaker 9 (introduced as “Colette Farrell” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
Flag: numbers, amounts, negation or names differ between the machine readings · 00:15:36–00:15:41 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:41]Speaker 8 (name not verified) + overlapping voice
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[00:15:45]Speaker 8 (name not verified) + overlapping voice
My wife is registered, retired registered nurse and down in Miami And about four years ago when we were starting to plan our retirement We wanted to get a house on the water And we searched almost all on the coast for it And this one popped up And we were like, okay, let's go check it out And then on the first sight that we saw it We fell in love with it We realized that the house needed a ton of work
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:16:14–00:16:16 · unresolved: the words are not shown (unclear audio); listen to the recording
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[00:16:33]Speaker 8 (name not verified) + overlapping voice
plan was to save the old section of the house That we were talking about The old section of the house, what it is Is Originally It was
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[00:17:02]Speaker 8 (name not verified) + overlapping voice
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[00:17:24]Speaker 8 (name not verified) + overlapping voice
Right there on that lot And then That was also the first voting precinct Before the
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[00:17:32]Speaker 8 (name not verified) + overlapping voice
So that spot Had A road on it And it was a wagon trail That went through And Because it was before cars And everything that was
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[00:17:42]Speaker 8 (name not verified) + overlapping voice
Flag: words were replaced by a machine repair · 00:17:43–00:17:44 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:17:44]Speaker 8 (name not verified) + overlapping voice
And I'll get to the variance but the history is important
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[00:17:52]Speaker 8 (name not verified) + overlapping voice
Has been there since the 20s and 30s And it was After the post office
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Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:17:58–00:18:01 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:18:01]Speaker 8 (name not verified) + overlapping voice
Flag: numbers, amounts, negation or names differ between the machine readings · 00:18:02–00:18:03 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 00:18:05–00:18:07 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:18:19]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:18:19–00:18:20 · unresolved: the words are not shown (unclear audio); listen to the recording
Another interesting point In June of 2000 It became a designated highway
[00:18:25]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
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So we get a lot of traffic through there And everybody's always broken And
[00:18:31]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:18:31–00:18:32 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:18:36]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:04]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:18:36–00:18:39 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:18:41]Speaker 8 (name not verified) · Machine re-recognized
there is
Flag: words were replaced by a machine repair · 00:18:41–00:18:42 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
Um You can see the improvements that we've done Um
[00:18:50]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:18:50–00:18:52 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:18:53]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:18:53–00:18:54 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:09]Speaker 8 (name not verified) · Machine re-recognized
kind of
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[00:19:27]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:03]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:19:27–00:19:30 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:33]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:33–00:19:34 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:43]Speaker 8 (name not verified) · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:43–00:19:43 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:43]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
Flag: a language review questioned the wording · 00:19:43–00:19:45 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:51]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:19:51–00:19:51 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:55]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: the recognizer flagged its own output; words the first reading may have missed · 00:19:55–00:19:56 · unresolved: the words are not shown (unclear audio); listen to the recording
And potatoes Because I know There's a lot of information And it can be very confusing
[00:20:04]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:03]
Flag: the recognizer flagged its own output; a language review questioned the wording · 00:20:04–00:20:07 · unresolved: the words are not shown (unclear audio); listen to the recording
And hopefully It's clear to everybody in this room
[00:20:17]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: the recognizer flagged its own output · 00:20:17–00:20:18 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:20:18]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:20:18–00:20:19 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:20:25]Speaker 8 (name not verified) · Machine re-recognized
can prove
Flag: words were replaced by a machine repair · 00:20:25–00:20:25 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
that. So the requested variance, just as was in Ms. Lucy's PowerPoint, is from Appendix A, Article 11, Section 1, and it's from 50 feet to 25 feet. That's the request. And the reason for my request is to allow property rights commonly
[00:20:44]Speaker 8 (name not verified) · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:20:44–00:20:45 · unresolved: the words are not shown (unclear audio); listen to the recording
that I needed to meet these standards, and these are the standards that you guys have to use to vote to approve this variance. All four of these need to be met. And actually, in the code, which is interesting, it says that there's four that they need to meet, but then in a separate section, it has a fifth one. And it's the minimum variance cost. So technically, there's five things that you guys have to meet, even though here it says four. I'll show you the fifth one. And that fifth one kind of almost threw me for a loop. So if we go through it,
[00:21:45]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:04]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:21:45–00:21:49 · unresolved: the words are not shown (unclear audio); listen to the recording
for the land, structure or building involved, and which are not applicable to other land buildings and structures in the same district. So just at the glance, you can see the picture of the lot. You know that it's nonconforming. It's special. Number two, that literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the
Flag: words were replaced by a machine repair · 00:22:14–00:22:15 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
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[00:22:38]Speaker 8 (name not verified) + overlapping voice
to. You see, it's the literal interpretation of 50 feet is depriving ‸ of commonly enjoyed by other properties. So I feel like I need that. And I'll do more, I'll prove it even more in the next slide. Number three is that the special conditions and circumstances in reference to and number one do not result from the ‸ actions of the applicant. This happened, the whole reason why we're in this is because the zoning rules were changed.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:23:13–00:23:15 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:23:15]Speaker 8 (name not verified) + overlapping voice
It was fine until they imposed residential estate on this property. ‸ Had it never been changed, there wouldn't be a problem. So then number four, the granting of
Flag: words only one machine reading has (possibly not said); a language review questioned the wording · 00:23:27–00:23:38 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:23:39]Speaker 8 (name not verified) + overlapping voice
I'm not asking for anything special. Not even a setback. Even the setback that I'm requesting is in residential estate zones. There is 25 feet, which I'll show you the exact word.
Flag: a language review questioned the wording · 00:23:54–00:23:58 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:23:58]Speaker 8 (name not verified) + overlapping voice
However, you have to qualify to get it. So I'm not asking for any special privilege. I'll show you the cost. If I can keep your attention. I hope that I am. So what created the hardship? The zoning changes created the hardship. The zoning changes created a legally non-conforming lot. ‸ The RE zoning is 150 feet.
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:24:24–00:24:28 · unresolved: the words are not shown (unclear audio); listen to the recording
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[00:24:33]Speaker 8 (name not verified) + overlapping voice
So picture this here has wide invariance. There's an average of 60 and they're requiring me they're requiring me a 50. That leaves 10 feet left. But guess what? It's a 35 setback from the rear. ‸ Where do you build?
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[00:25:06]Speaker 8 (name not verified) + overlapping voice
That's what we commonly know as the grandfather clauses. Those grandfather clauses were put in place to protect properties like this. From situations like this.
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:25:29–00:25:32 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:25:32]Speaker 8 (name not verified) + overlapping voice
Flag: words were replaced by a machine repair · 00:25:46–00:25:46 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:25:46]Speaker 8 (name not verified) + overlapping voice
the code, our code allows for rebuilding of the home in the current footprint. And I'll show you that it's impossible to build inside my current footprint. And I'll also show you that the code allows for enlargement of a non-conforming structure. ‸ So long as the alteration does not increase the
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[00:26:09]Speaker 8 (name not verified) + overlapping voice
But it does allow for enlargement, but you can't increase the
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[00:26:21]Speaker 8 (name not verified) + overlapping voice
Okay. Here's the actual wording. Exact wording of the code. No such structure may be enlarged or altered in a way which increases its
Flag: words were replaced by a machine repair · 00:26:32–00:26:33 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:26:33]Speaker 8 (name not verified) + overlapping voice
It doesn't say no such structure may be enlarged or altered. It says in a way which increases its
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[00:26:39]Speaker 8 (name not verified) + overlapping voice
Flag: words were replaced by a machine repair · 00:26:40–00:26:40 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:26:40]Speaker 8 (name not verified) + overlapping voice
that. And then B is any structure or portion thereof may be altered to decrease its
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[00:26:46]Speaker 8 (name not verified) + overlapping voice
Flag: words were replaced by a machine repair · 00:26:47–00:26:47 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:26:47]Speaker 8 (name not verified) + overlapping voice
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[00:26:51]Speaker 8 (name not verified) + overlapping voice
on the property is 15 feet 8 inches. I'm going to show you a picture of where that 15 feet 8 is. And then the post-construction setback ends up being 16-9.
the non-conforming. But that's within the existing footprint. So the non-conforming gives me the right to do that automatically. The part that's questionable is the additional square footage that I'm requesting.
It starts at 25-8. So if the existing setback is 15-8 or 16-9, and I'm building at 25-8, that's not increasing the
[00:27:38]Speaker 8 (name not verified) · Machine re-recognized
nonconformity.
Flag: words were replaced by a machine repair · 00:27:38–00:27:39 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:28:03]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
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only one foot by distance. But that whole bathroom is being removed, so there's a lot of area of non-conformity that's being removed. And all that's gone. So, anybody who's construction does not increase the non-conformity. Okay. These are the rules in place that I'm just asking to follow. That I'm just asking to be allowed to follow. And this is residential estate zoning, what we fall under.
[00:29:15]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:29:15–00:29:21 · unresolved: the words are not shown (unclear audio); listen to the recording
My lot depth is at the deepest point is about 100, and the average is 60. So, how can you put the same front setback requirements on me? And such is the need for my areas. And then F shows... This is the exact wording of the code. F is the minimum yard requirement, 50 feet. Front setback of 50 feet.
[00:29:46]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
Flag: a language review questioned the wording · 00:29:46–00:29:48 · unresolved: the words are not shown (unclear audio); listen to the recording
I'm not asking for any special privilege, because the setback requirement is 50 feet. But within the residential estate zoning, it allows for 25. And that's the second, the third line right there. A front setback of 50 feet, or average depth of existing front yards and develop lots within 100 feet of each side. But not less than 25 feet. So, I don't have anybody on
[00:30:17]Speaker 8 (name not verified) · Machine re-recognized
each
Flag: words were replaced by a machine repair · 00:30:17–00:30:18 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
the way to 25 feet. There are some people that are getting 25 feet with this code legally. And I'm asking for a variance to get what's already in this code.
[00:30:41]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
Flag: the recognizer flagged its own output · 00:30:41–00:30:44 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:30:44]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:30:44–00:30:46 · unresolved: the words are not shown (unclear audio); listen to the recording
Okay, here's this. This is the best slide of the whole thing. And in this, and my disclaimer on this, is this is not the official site plan that was submitted to Lucy. And also, there are some numbers on this that are exact with the lines. But some numbers, not numbers, the numbers are all correct. ‸ But the lines, in the area of
lines, they had to be estimated because I was using reference points. But the general idea of this site plan is accurate. So what it shows is this
[00:31:36]Speaker 8 (name not verified) · Machine re-recognized
property
Flag: words were replaced by a machine repair · 00:31:36–00:31:37 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
So you can see that the whole house sits outside of the setback. So the yellow line is my requested variance. And if I get a 25 foot variance there, it would put my entire addition behind the setback allowing me to build. And that's all I'm asking for. That's all I'm asking for. So now, how am I limit shortening or reducing the nonconformity? And the reason why I'm reducing the nonconformity is because that area of the house that stuck out, that's in red right
[00:32:41]Speaker 8 (name not verified) · Machine re-recognized
there,
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[00:32:56]Speaker 8 (name not verified) · Machine re-recognized
an angle.
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So now I'm back to the same thing, granting of the variance. We went through that. And I hope that the information that I gave you makes you feel comfortable hitting each and every one of these points.
[00:33:13]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:04]
Flag: the recognizer flagged its own output; a language review questioned the wording · 00:33:13–00:33:17 · unresolved: the words are not shown (unclear audio); listen to the recording
So I'm going to go through them real quickly. Because these are the things that you have to say yes in your mind and you have to feel good about. And I want the city to feel good about it too, that we're doing the right thing. You know, for the city we're doing the right thing for this guy.
[00:33:33]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:05]
Flag: a language review questioned the wording · 00:33:33–00:33:39 · unresolved: the words are not shown (unclear audio); listen to the recording
the land, structure, and building. It's pretty obvious to see that they're special circumstances. Number two, literal interpretation
[00:33:47]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:03]
Flag: a language review questioned the wording · 00:33:47–00:33:50 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:33:50]Speaker 8 (name not verified) · Machine re-recognized
of rights commonly
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[00:33:52]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
Flag: the recognizer flagged its own output; a language review questioned the wording · 00:33:52–00:33:53 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:34:03]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:04]
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[00:34:23]Speaker 8 (name not verified) + overlapping voice
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[00:34:42]Speaker 8 (name not verified) + overlapping voice
quick here. When I bought the property and then now how much nicer it looks. We're
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[00:34:48]Speaker 8 (name not verified) + overlapping voice
Flag: words were replaced by a machine repair · 00:35:02–00:35:02 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
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[00:35:23]Speaker 8 (name not verified) + overlapping voice
And I want to do nice things for the city. And the city deserves it. And that corner deserves it.
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[00:35:38]Speaker 8 (name not verified) + overlapping voice
So you can see that I'm not trying to build something outrageous. I'm just trying to build a regular house that matches the neighborhood. That matches its own construction. This is some of the reason why the foundation. How it's crumbling. I tried to repair it.
Flag: words were replaced by a machine repair · 00:36:23–00:36:23 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:36:23]Speaker 8 (name not verified) + overlapping voice
the case to you guys' satisfaction. If not, if you have any questions at all. I've gone over these codes over and over and over again. To understand them.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:36:47–00:36:49 · unresolved: the words are not shown (unclear audio); listen to the recording
Okay. So the code says that I can build within the existing footprint. And that is there. When you saw the footprint. Okay. The footprint. There's no way you can put a concrete block house in that kind of footprint. And then so when we were going through the overall design, we said we first had a big house.
[00:37:17]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:01]
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[00:37:26]Speaker 8 (name not verified) · Machine re-recognized
down.
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And me and the wife talked and the designer, what is exactly absolutely necessary? Well, what's absolutely necessary was to make it safe. We're right on the river. We needed to make it safe. And we wanted to build it to 185 mile per hour. We made the standards. So it was going to be concrete
[00:37:43]Speaker 8 (name not verified) · Machine re-recognized
block,
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[00:37:44]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
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[00:37:50]Speaker 8 (name not verified) + overlapping voice
section. And so we wanted to get that down into the concrete envelope. So that was, that, we need the additional square footage because we're moving the utilities from under the house. And we need to move them up to a higher ground.
Flag: the machine readings disagree here · 00:38:08–00:38:09 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:38:09]Speaker 8 (name not verified) + overlapping voice
also moving from the garage, which is the low area, up into the house to build the utilities. The relocation of the front bathroom that reduces the nonconformity is in that additional square footage as well. And then the remaining part is the bedroom.
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[00:38:53]Speaker 8 (name not verified) · Machine re-recognized
If you have any questions, please. And thank you for your consideration. Thank you for listening to me. I don't know if I
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want to open up questions to the staff and to you. I just have a quick question myself. Why, why was it changed to that zoning? Is that zoning typically a larger, like a state use type of a zoning that's out in Canaveral Groves area or something like that with bigger acreage? Or was it because it was a half acre lot? Or is the surrounding zoning around him all R1? Or, I guess I'm just trying to understand the zoning.
So, I would not compare to Canaveral Groves, as you mentioned, but I would compare to the Indian River Drive. Because when you look at all those properties to
Flag: numbers, amounts, negation or names differ between the machine readings · 00:40:04–00:40:07 · unresolved: the words are not shown (unclear audio); listen to the recording
has the lot configuration, as you could see through the survey. And it was shown. So, he doesn't really have a square lot. You know, it's kind of round. And he does not have the depth that most of the lots, the neighboring lots have.
So, ‸ if you compare to the neighbors, ‸ this neighborhood along Indian River Drive, he is the only one with unique situations and that would require variants to actually meet. He wouldn't be able to meet the 50 foot setback. There's no way. But at least, you know, he need to make usable, you know, to be able to have an ‸ structure. I feel, you know, is the only location even for an addition. Because even if you move the ‸ home to be, like he mentioned, to
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Okay. Thank you. Your addition, it's really, it's not totally an 861, right? Because you're demoing a portion and then adding back 861. Is that right? I think
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[00:42:08]Speaker 8 (name not verified) · Unclear audio
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So just to make sense out of it, if he was not adding the 861 square feet, he ‸ actually would be allowed to refurbish or remodel the home because the code does allow for. The existing
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normally, you know, to, for us to request the system from public works or 30 party. They're specialized. They're a consultant that does the floodplain review, uh, or this kind of review normally, um, is when there's some type of regrading or changing and the on the surface itself.
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Uh, sometimes, uh, the setbacks are on the front are different from the sides. So we have, we have the 50 foot. Is that 50 foot all around? Or is there a different setback for the sides and the rear or the closest to the water?
‸ 15 on the sides and 35 on the rear. But because of the lot is so unique, even us to determine where does the interior, you know, the sidelines and then the rear stars is difficult to determine.
[00:46:51]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:03]
Flag: words only one machine reading has (possibly not said); the recognized words and the detected speech do not line up; a language review questioned the wording · 00:46:51–00:47:01 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:47:05]Speaker 8 (name not verified) · Unclear audio
[unclear audio]
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[00:47:13]Speaker 8 (name not verified) · Unclear audio
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[00:47:30]Speaker 8 (name not verified) · Unclear audio
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the line configuration has really no limitations side to side. Mm-hmm. A lot of limitations are depth. Right. So side to side I'm good. That's why that was the perfect place to put it. Yeah.
[00:48:32]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:03]
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[00:48:40]Speaker 8 (name not verified) · Unclear audio
[unclear audio — 0:02]
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:50:37–00:50:40 · unresolved: the words are not shown (unclear audio); listen to the recording
a volunteer. Um, I've come before, um, review, uh, historical view, uh, review committee ‸ couple ‸ times and done very well with citizen volunteer, uh, committee. So I, I hope it's a favorable call tonight.
[00:51:57]Speaker 9 (introduced as “Colette Farrell” — machine-transcribed, not verified)
hi, I am Colette Farrell and I am the lady who owns lot 18 currently the one that was shown used to be part of their property. I also own the lot in the house south of it. Like,
[00:52:07]Speaker 9 (introduced as “Colette Farrell” — machine-transcribed, not verified) · Unclear audio
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[00:52:08]Speaker 9 (introduced as “Colette Farrell” — machine-transcribed, not verified)
So I'm probably their closest neighbor. Um, and the only thing I really wanted to say is I am also in support of them doing this home since they have moved there three years ago. I have seen nothing but improvement to that whole area and property. I've seen nothing but them doing with the top most care and with the best people in the community doing it. And I'm proud to be their neighbor and hope that you will please approve this so we can continue to make our neighborhood beautiful.
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Um, one just thing I want to make a comment to the board, uh, that Lucy shared with me. Um, if we're going to make a motion on this, uh, to approve, um, it does need to say that, uh, we believe that the applicant has provided competent evidence based on his, you know, to approve, I guess the variance we're, we're, and then there's two, right? I mean the front setback from 50 to 25 and adding the 861 extension.
Absolutely. Before you begin to deliberate. So I just want to make sure the board is clear about the criteria and what is required to be found. Um, ‸ you know, as the board knows,
order to approve the variance. And I wanted to provide a little bit more clarification on the second criteria, um, which, uh, has been up on the screen, but it says, um, that the board has to find that literal interpretation of the provisions of this ordinance, which is the zoning ordinance would deprive the applicant of rights commonly.
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rebuilt, the residence be rebuilt in the current footprint. um So essentially, the board would have to find, in order to approve the variance, um that the lot could not be used for residential purposes without that
is what you would need to find for the hardship. It stated perhaps another way is that without that variance, they could not build a house um and use it for residential purposes, use the property for residential purposes and meet all modern building codes and so forth. They they must have that 861 square feet in order to use it for residential purposes. And that is how, as I said, courts have interpreted what that second criteria means. So I just wanted to provide that clarification before you deliberate.
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[00:57:05]Speaker 8 (name not verified) · Machine re-recognized
the
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Now, if you look at the current footprint, I don't know what kind of modern architecture that I can put concrete block to match all of those bendsin turns, for one. You know, that is just not practical. And then if I'm, when
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[00:58:19]Speaker 8 (name not verified) + overlapping voice
rid of what's the subfloor underneath. So I need to relocate the utilities to the higher elevation. That's for safety and to, um so it's not a fire hazard. um
from the garage elevation also to that higher elevation where the additional sweat pages And then the other part that I absolutely need,
[00:58:47]Speaker 8 (name not verified) · Unclear audio
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in each room, and it shows why none of the rooms are excessive. None of
[01:00:10]Speaker 8 (name not verified) · Unclear audio
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she said, that's the only one that's having a little bit of pause with us is, what you know, I mean, it's, you bought a non-conforming building, right? Or I mean, right, it was, it was a non-conforming building that you bought. I
you knew that when you bought it or not, but that's what it was. So you have to prove to us, why do you need a 2 800 square foot house and not a 2 000 square foot ‸ Okay.
And I'll do my best. um Based on what she's telling us. Okay. Based on what she's telling you and based on what the criteria is that you guys have to follow to approve it. And the criteria is the four things behind you there. And I think we're
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[01:02:17]Speaker 8 (name not verified) + overlapping voice
on here. But the minimum variance criteria has to work together with number two, which says that you can't deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance. So number two, you have to say, okay well, whatever residential estate gets, I should be able to get two. That's the way I interpret that. It says it would if the literal interpretation would deprive the applicant of rights commonly enjoyed by other properties in the same district. So that minimum variance, when I interpret the minimum variance, it has to work in conjunction with this.
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[01:03:01]Speaker 8 (name not verified) + overlapping voice
and you don't give me the variance, then you're depriving me of commonly enjoyed by other properties in the same district. ‸ So you can it's almost like you can't see both. If you said you have to build the minimum on that one, it means that you can't agree to number two because you would be depriving me of the rights commonly enjoyed by other properties in the same district. So i that's a kind of a and that's what I said from the beginning. I was like, you actually have five criteria that you're voting ‸ on to approve and the minimal variance should be the fifth. It's not on there, but the minimum and it's minimum, but minimum to me when i've seen minimal variance and I also read it with number two.
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[01:03:53]Speaker 8 (name not verified) + overlapping voice
under what qualifies as residential estate. And I also, I'm not an attorney and I'm not trying to go, go head to head, but I did try to look up as much case law and I would be curious to know what case law discusses it. No, we're not going to go. I don't want to, I don't want to do that because I,
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[01:04:15]Speaker 8 (name not verified) + overlapping voice
and so, so if the question is if, if, if not the addition and if he just rebuilds what he has is, is it a home? Does he still enjoy it as a home? And so, Tim, I thought that the addition was for you to do the electrical the mechanical the ac uh correctly i.e
I think the answer for me is no. and so And so I think therein lies your ability to say that the addition is a requirement because he's basically moving those uh mechanical uh HVAC systems uh electrical that make a home a functioning home. So that that's my take of it.
you. But I have a question from what what she said. um did you also say that if if this let's say uh the variance is is done and approved ‸ and he doesn't meet it afterward it will not be livable if he doesn't meet all the all of the uh what he's presenting today. The size of the home and all and everything. Is that what we're saying? Are you
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with this and let's say he doesn't meet it somewhere meaning that property becomes unlivable because he's it it ‸ wasn't constructed or built to what was presented. That's not what you said. No.
um and this is related to number two um not number five uh is that you have to demonstrate that without the variance you it is virtually impossible to use the property for the purpose for which it is zoned which is residential. Got
um yeah thank you and thank you applicant for all the explanation of everything. We're trying to digest this in 30 minutes and you guys have been working on it for many
So um do I have any or is there discussion by the board, or is there any motions at this point, or continuation, or deny, or approve, or what do we what kind of motion are we do we have, or does anybody want to make a motion?
I'll make the motion, but i need a lot of help from staff in this motion, please. So, Lucy, I'll look at you to help guide me through the words, and I'll take it from that, is that's acceptable to everybody on the board? I want to make sure we cover it all. I think Lucy said it earlier. It may be in the package somewhere, and I can read it.
Yeah, so you you can add to the motion that, you know, the approval is based on the staff analysis presented, you know, the analysis presented by staff and the applicants.
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[01:10:34]Speaker 8 (name not verified) · Unclear audio
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Transcript revision built 2026-10-27T14:25:41 · 7,491 ordinary words, 2,763 in suspect passages, 235 machine re-recognized.
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