November 30, 2009

This material was filed under
[ Board of Adjustment - Meeting Minutes ]
November 30, 2009

Brevard County, Florida 32903
November 30, 2009 Town Hall 5:30 PM

Laura Lewandowski, Chairperson
Doug Wright, Vice-Chairman
Brian Dullaghan, Member
Bud Evans, Chairperson
David A Justice, 1st Alt
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Jennifer Fortin, Secretary

Mary Coggshall, Member
Rudy John Graf, Member

This meeting was tape-recorded. Records are indexed and filed for ready reference where such have been summarized in typed minutes.

Chairperson Laura Lewandowski called the meeting to order at 5:35 PM.

A. Minutes No 09-04 – September 28, 2008

Mr. Justice moved to approve Minutes No 09-04 from September 28, 2008. Mr. Wright seconded. Motion carried unanimously.

A. A variance request filed by Philip Nohrr, on behalf of the property owners, Laura G. West, Trustee and Charlotte West-Pietenpol, Trustee, regarding Lots 21 & 22, Blk 67, 1418 S. Riverside Drive, Indialantic, FL 32903. A variance is being requested to Code Section 17-82 (1) – Minimum Size – No dwelling shall be erected on a lot that does not meet the minimum area and dimension requirements for the district in which a dwelling is to be erected. A lot not meeting the minimum requirements shall be deemed a “substandard lot of record”. Code Section 17-82(3) – Substandard lots of record – Where two (2) or more substandard lots of record with a continuous frontage with the same ownership or where a substandard lot of record has continuous frontage with a larger tract under the same ownership, such lots may be combined to form one or more building sites meeting the minimum requirements of the district in which they are located. Code Section 17-83 – Reduction of lot area – No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area, lot width, building area, or other requirements of this chapter are not maintained. This section shall not apply where a portion of the lot is acquired for public purpose. Code Section 17-121(5)(b) – Lot dimensions – Width at the building line, one hundred (100) feet. Code Section 17-121(7)(a) – Side Yards – Interior lots, ten (10) feet in depth on each side.

Ms. Lewandowski noted the applicant has withdrawn the application.

B. A variance request filed by Michael and Mary Goodwin, regarding lots 14 & 15 Blk 10, 402 Eighth Avenue, Indialantic, Florida 32903. A variance is being requested to Code Section 17-105(4) – The inside edges of the swimming pool (the waterline) shall be setback at least ten (10) feet from the lot lines for interior lots and at least fifteen (15) feet from the lot line on a corner lot whose side yard abuts a street. The effect of the variance if granted, would be to allow a pool to be built six (6) feet from the rear property line.

The applicants, Mike and Mary Goodwin stated the reason for the variance. Ms. Goodwin noted they hired a draftsman and when he created the plans he allotted for a five (5) foot setback not a ten (10) foot setback. The applicant didn’t know there was a problem with the plans until after the slab was complete and the pool installation company came to start the pool. Ms. Goodwin stated if she had know about the issue prior to the slab being poured she would have corrected it, but she put her faith into the draftsman.

Rob Hannah, 405 Seventh Avenue – spoke in favor of the pool.

Sandy McAllister, 416 Eighth Avenue – spoke in opposition of the pool because she feels it would add more noise to the other pools in the area.

The Board reviewed and discussed the application.

Motion made by Mr. Wright to approve the pool outlined in the plans. Motion failed due to lack of second.

Motion made by Ms. Lewandowski to deny the application on the basis it is a self-created hardship. Mr. Justice seconded. Motion carried with four in favor and Mr. Wright voting nay.

Ms. Goodwin asked if there was something she could do to bring it back before the Board.

Mr. Gougelman noted it was discretionary with the Board.

Mr. Gougelman explained what the Board could do if those chose to rehear the case.

Motion made by Ms. Lewandowski to reconsider the application. Mr. Evans seconded. Motion carried unanimously.

Ms. Goodwin presented to the Board a reduction from a four (4) foot variance to a three (3) foot variance leaving a seven (7) foot setback and making the three (3) foot walkway next to the house a two (2) foot walkway.

Motion made by Mr. Wright to grant the three (3) foot variance. Mr. Evans seconded. Motion carried with four in favor and Mr. Dullaghan voting nay.

The meeting was adjourned at 6:34 PM.
Laura Lewandowski, Chairperson
Jennifer Fortin, Secretary