December 14, 2009

This material was filed under
[ Board of Adjustment - Meeting Minutes ]
December 14, 2009

TOWN OF INDIALANTIC
Brevard County, Florida 32903
BOARD OF ADJUSTMENT MEETING
December 14, 2009 Town Hall 5:30 PM
MINUTES NO. 10-02

PRESENT: Laura Lewandowski, Chairperson
Doug Wright, Vice-Chairperson
David A Justice, 1st Alternate
Bud Evans, Member
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Jennifer Fortin, Secretary

ABSENT:
Mary Coggshall, Member
Brian Dullaghan, Member
Rudy John Graf, 2nd Alternate

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

1. CALL TO ORDER AT 5:30 PM
Chairperson Laura Lewandowski called the meeting to order at 5:30 PM.

2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No 10-01 – November 30, 2009

Mr. Evans moved to approve Minutes No 10-01 from November 30, 2009. Mr. Justice seconded. Motion carried unanimously.

3. INTERPRETATION REQUEST
A. An interpretation is being requested by Stacy Green, 911 North Riverside Drive per Code Section 17-50(5) to determine the front yard of the property.

Mr. Ray Green, 911 North Riverside Drive noted the address has always been 911 North Riverside Drive.

Atty. Gougelman noted the Property Appraiser’s website notes the house as being built in 1964. Where is the front door located?

Mr. Green noted the front door faces north, but the walking path from the front door leads to the driveway on North Riverside Drive.

Atty. Gougelman referenced Code Sections 17-4 (28) Front Lot Line – The property line, which abuts on a public street, or in the event the property abuts on two (2) or more streets it shall mean that property line abutting on a street, which has been so designated by the owner at the time of his application for a building permit.
Code Section 17-4 (29) Front Yard – An open unoccupied space (except as permitted herein) on the same lot with a principal building and extending across the width of the lot between the front lot line and the front walls or supports of the principal building regardless of its configuration. The location of the front yard is depicted on the drawing located at the end of this section 17-4. In the event of conflict between this written definition and the drawing, this written definition shall prevail.

Chairperson Lewandowski noted after review of the 1997 permit Watson Avenue appears to be the front of the house. Mr. Stokes noted there is a door on North Riverside Drive.

Atty. Gougelman noted the Green’s could apply for a variance.

Chairperson Lewandowski inquired as to what the designated address was?

Mr. Green stated the address is 911 North Riverside Drive.

Mr. Stokes noted that with having a house on a corner lot the owner has to option to choose what street they want as their home address.

Mr. Chinault advised that it is brought before the Board of Adjustment to interpret the code and his job is to administer the code.

Mr. Wright moved to recognize the front of the house as Watson Avenue. Mr. Justice seconded. Motion carried with all in favor.

4. ADJOURNMENT
The meeting was adjourned at 6:15 PM.

___________________________
Laura Lewandowski, Chairperson
_____________________________
Jennifer Fortin, Secretary