Cocoa Beach Board of Adjustment approves front-setback variance for homeowner Tim Cool

The Cocoa Beach Board of Adjustment on May 20 approved a front-setback variance (PZ 26-12) for homeowner Tim Cool, allowing a 26-by-30-foot addition and a 6-foot porch cantilever over the front setback in a 5-0 vote.

The board found the requested variance is a reasonable, limited modification necessitated by unique site conditions — notably the curvature of the lot — and will not undermine the intent of the city's land-development code. Staff recommended approval, and board members applied the standard that any conditions imposed must be tied to mitigating the specific impacts of the variance.

Tim Cool, the applicant, told the board he has lived in Cocoa Beach for decades and said he met with his adjacent neighbors before filing the application. "I've lived in Cocoa Beach for 47 years, 48 years," Cool said, and described design choices meant to protect neighbor privacy: "I've designed this room so that the bathroom will be on this side of the house with no windows," and the porch includes a privacy wall on the side facing the neighbor.

Neighbor Raleigh Smith, who lives directly adjacent at 703 Bermuda Road, told the board he had no objection to the variance but urged the applicant to address drainage. "The only issue I would have is with the water," Smith said, describing existing runoff that reaches his pool area; he noted he has installed a channel drain as a mitigation step. Cool responded that his contractor will correct guttering issues and install a French drain with a pop-up outlet to reduce runoff.

Board members clarified the scope of the variance during discussion: the decision before them covered only the proposed front-setback cantilever and not side-yard or other building-permit requirements. Staff emphasized that stormwater controls and other applicable provisions of the land-development code must still be met during building-permit review. As the board considered neighbor-suggested conditions, a staff member explained that conditions must be related to mitigating impacts of the variance itself and that unrelated requirements could be legally problematic.

Following closing of the public hearing, a motion to approve the variance "as presented, with the applicable conditions presented by staff" passed on a roll call vote: Don Haynes, Ronald Badger, John Cabord, Michael Goldberg and Rick Anderson voted yes. The board recorded no opposing votes or abstentions.

The applicant may now proceed to building-permit review, where stormwater requirements and other code provisions will be enforced. The board noted a prior case is under appeal in circuit court and, with no further new business, adjourned the meeting.