November 20, 2014

This material was filed under
[ Board of Adjustment - Meeting Minutes ]
November 20, 2014

TOWN OF INDIALANTIC
Brevard County, Florida 32903
BOARD OF ADJUSTMENT MEETING
November 20, 2014 Town Hall 5:30 PM
MINUTES NO. 15-02

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON NOVEMBER 20, 2014

PRESENT: Doug Wright, Chairman
David Justice, Vice Chairman
Brian Dullaghan
Bud Evans, Member
Safvat Kalaghchy, Member
Chris Campbell, 1st Alt.
Jeffrey Schulte, 2nd Alt.
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Jennifer Small, Secretary

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

Chairman Wright called the meeting to order at 5:30 pm.

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes 15-01, October 23, 2014

Mr. Evans moved to approve the minutes. Mr. Justice seconded. Motion carried unanimously.

3. VARIANCE APPLICATIONS

A. A variance request filed by Brad Gregory regarding Lots 13 and 14, Blk. 17, 300 Eighth Avenue, Indialantic, Florida 32903. A variance is being requested to Code Section 17-88(3)(b) – fences; walls. The applicant is requesting a variance of 10 feet to put a fence on the property line on a corner lot.

The following members of the public spoke:

Brad Gregory, owner of 300 Eighth Avenue, Indialantic, Florida 32903. Mr. Gregory submitted 4 photos of the existing fence and signatures from neighbors attesting that the new fence will not fringe upon their property line or obstruct their view. Mr. Gregory said the existing fence has been there 30 years and would like to replace the fence. Mr. Gregory stated that receiving the variance request will give his dog more room in the yard, more security by being able to pull his truck into the back yard and he wouldn’t have to move his sprinkler system.

After discussion from the Board, the Board didn’t feel that Mr. Gregory demonstrated either a practical difficulty or an unnecessary hardship.

Mr. Justice moved to deny the variance request. Mr. Evans seconded. Motion carried unanimously.

B. A variance request filed by Jennifer Kriete regarding Lots 11 and 12, Blk. 55, 303 First Avenue, Indialantic, Florida 32903. A variance is being requested to Code Section 17-121(8) – “R-1-A” Single-Family Residence Districts. The applicant is requesting a variance for 14.6 feet resulting in a 5.4 foot setback.

The following members of the public spoke:

Alison Dawley, attorney representing Mr. & Mrs. Kriete. Ms. Dawley handed out 2 photos showing the Kriete’s open patio in the backyard. Ms. Dawley informed the Board that the house was built in the 1960’s and has a lot of sun exposure in the backyard. She stated that the Krietes would like to cover the patio so they can enjoy their back yard. She also read a letter from Mr. Kriete’s dermatologist stating that his skin is extremely sensitive to the sun, causing swelling and blistering if he doesn’t avoid direct sunlight.

Spiros Theodoropoulos, owner of 300 Second Avenue, Indialantic, FL 32903, said he lives directly behind the Krietes. Mr. Theodoropoulos’ brother use to live in the Kriete’s house and he is very familiar with how bad the sun exposure is. He believes the Kriete’s should receive the variance request because the sun exposure is overbearing in their backyard and they should be able to enjoy their home outdoors.

Rita Saunders, owner of 310 First Avenue, Indialantic, FL 32903, said she lives across the street from the Krietes. Ms. Saunders wants the variance to be approved and believes the Krietes should be able to enjoy their backyard.

Mr. Kalaghchy moved to approve the variance due to a practical difficulty which is subject to two conditions: if the home is ever razed, this variance shall terminate; and the covered patio area may be enclosed with a screen, but no structural enclosure is permitted which would cause the Town to classify the area as habitable space. Mr. Dullaghan seconded. Motion carried unanimously.

4. ADJOURNMENT

The meeting adjourned at 6:37 pm.
___________________________ Doug Wright
Chairman
___________________________
Jennifer Small
Secretary