Brevard County zoning board approves seven variances, denies one after neighborhood noise complaints

The Brevard County Board of Zoning Adjustments met Sept. 17 and voted on eight variance applications, approving seven and denying one after extended public comment about nuisance dogs and unresolved code-enforcement complaints.

The board denied a request from Joseph and Dixie Kent for two variances tied to an existing pole barn the applicants use for dogs, saying unresolved noise and animal-control complaints weighed against granting the relief. Several other applicants won variances for setback or size exceptions, including requests for accessory structures, an AC unit location and replacement primary structures.

The denied application drew the meeting’s most substantive public discussion. Neighbor Glenn Feilner told the board the structure had been converted to a “kennel” and that barking and other disturbances had reduced his family’s quality of life: “Our quality of life has been diminished. Our value has been diminished,” Feilner said. He told the board he had supplied photos and video to staff showing five dogs on the property and asked that setbacks be enforced and the building removed if out of compliance.

Applicants Joseph and Dixie Kent said the structure predated their ownership and that they had reduced the number of dogs after learning of the four-dog limit. “My dogs aren't moving,” Dixie Kent said in rebuttal; “We just need a variance for a building that's been there for 30 years, and we're trying to be good neighbors.” Board members discussed conflicting written testimony, outstanding code-enforcement matters and whether granting the variance would be “in harmony with the general intent and purpose” of the county code. A motion to deny the variances carried on a recorded vote (motion to deny supported by Mr. Hoffman, Dr. Bass and Jennifer Clements; Sonya Mallard voted in favor of the applicant). The board recorded the denial as the application’s final outcome.

Other items and outcomes: - Stacy L. Dehn (application 25B0032) requested three variances related to a carport, shed and separation distance. The board approved the variance as depicted on the applicant’s survey (motion by Jennifer Clements; second by Mr. Hoffman; unanimous voice vote recorded in the minutes).

- Thang B. Tran (application 25V0041) sought approval to place a second air-conditioning unit adjacent to an existing unit on a narrow, pie-shaped lot. Dr. Bass, who had inspected the property, noted the layout constrained placement and that moving the meter or units would be disruptive; the board approved the variance as depicted on the survey dated 07/09/2025 (motion by Dr. Bass; second by Jennifer Clements).

- Susan and Peter Dearnley (application 25V00043) requested a 2.5-foot encroachment replacement for a carport lost in a hurricane. The board approved the variance as depicted on the survey signed 03/18/2025 (motion by Jennifer Clements; second by Dr. Bass).

- Barry A. Rowe (application 25V0044) requested a setback/legitimization variance for an existing mobile-home placement tied to a fence permit and concerns about a neighboring property. Staff said the request would legitimize existing conditions and would not impact adjoining properties; the board approved the variance as depicted on the applicant’s survey (motion approved; recorded voice votes in favor noted in the minutes).

- Carl W. Loggins Jr. (application 25V0045) sought a variance because an accessory building built by his late father exceeded the allowed size for accessory structures. The applicant told the board the building stores 27 years of business items; staff and members observed the lot is isolated from neighboring parcels and the board approved the variance as shown on the 05/07/2025 survey (motion by Jennifer Clements; second by Dr. Bass).

- Christopher M. Gonzales and Stephanie Stanford (application 25B00046) requested two variances: one to legalize an existing carport that encroaches on setbacks and one to permit a new enclosed building in a rear corner of a one-acre lot to store boats and trailers. The board approved both variances as depicted on the 07/24/2025 survey (motion by Jennifer Clements; second by Mr. Hoffman).

- KL Grama LLC (application 25V0049) requested a principal-structure setback reduction from 25 feet to 15 feet to permit construction of a two-story single-family home on Merritt Island. The board approved the variance as depicted on the 07/22/2025 survey (motion by Jennifer Clements; second by Dr. Bass).

Why it matters: Variances change how zoning regulations apply to individual properties and—if granted—can become the legal basis for rebuilding, additions, or new accessory structures. The board’s denial of the Kent request underscores that ongoing code-enforcement and neighborhood impacts can influence a quasi-judicial body’s application of the six-criteria variance hardship test drawn from Chapter 62, Article 6 of the Brevard County Code.

Meeting context and next steps: The board opened eight items, heard several public commenters and reviewed staff site observations in multiple cases. Where staff or neighbors raised unresolved code-enforcement (animal-control) complaints, members said such issues could justify denying or postponing relief until enforcement is resolved. The board adjourned after completing the eight-item docket.

Quotes in this report are drawn verbatim from the meeting transcript and attributed to speakers who addressed the board during the Sept. 17 hearing.