TOWN OF I N D I A L A N T I C

Brevard County, Florida 32903

BOARD OF ADJUSTMENT MEETING

April 29, 1999 Town Hall 7:00 PM

MINUTES NO. 99-2

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 29, 1999.

1. CALL TO ORDER AT 7:00 PM

Chairman Harris called the meeting to order at 7:15 PM.

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 99-1 - October 13, 1998

Mr. Dullaghan moved to approve Minutes 99-1. Mr. Benevente seconded. Motion carried unanimously.

3. VARIANCE REQUESTS

A. A variance request filed by Robert L. Cochran, Jr. regarding Lot 3, Block 19, Third Ave., Indialantic. A variance is being requested to Code Section 17-122 (4) Lot area & (5) Lot dimensions. The code requires that the minimum area of any lot shall be 10,000 square feet and that the minimum dimensions of any lot shall be 100 feet deep and 100 feet wide at the building line. The requested variance is to construct a single family residence on a 50' lot.

Mr. Cochran stated that he has owned the property approximately one year, has a prospective buyer and is seeking a variance to build on the 50' lot.

Town Attorney Paul Gougelman explained that there are two legal theories under which relief can be granted:

1. The Suplee litigation in which the Courts found that since the lot was platted before the Zoning Ordinance was adopted and was always a 50' lot, the code does not apply.

2. A 50' lot constitutes a necessary hardship in that the property is rendered useless by the Code restrictions.

Chairman Harris pointed out that, per the Court's opinion in Suplee, a variance would not be required if the code were interpreted to allow building on valid non-conforming properties - properties which were platted as single 50' lots before the Zoning Code was adopted. He suggested a title search to verify this fact.

Mr. Cochran stated that he knew the lot was non-conforming when it was purchased, that it was bought as part of a package and that there were no single 50' lots abutting the property. He requested a vote on the variance request.

Gerald Gonsalves, 431 Third Ave., favored granting the variance maintaining that the 50' lot is a separate property regardless of how it was acquired.

Leonard DuBois, 224 Third Ave., cautioned that if a variance is granted for one individual, it would have to be granted for everyone.

Louis Postma, 112 Fourth Ave., observed that the parking lot developed on the two other lots in Mr. Cochran's purchase package was non-conforming to the RP zoning restrictions.

Lillian Ramey, Third Ave., stated that the idea of a building on the 50' lot, which is diagonally across from her home, is appalling to her. Ms. Ramey stated that requiring 100' was and still is a very good idea. She maintained that the property was bought as a three lot package and questioned whether the variance was being sought by Mr. Cochran for himself or a buyer.

The Chairman clarified that this has no relevance as a variance attaches to the property and not the owner.

Chairman Harris again stated that building would be permissible provided the lot has always been a 50' lot and was non-conforming before 1953. He advised the applicant to show ownership prior to 1953 to prove the previous non-conformity.

Mr. Carey recommended that Mr. Cochran return to the Board with the chain of ownership back to 1953.

Herbert Hayford, 215 Third Ave., pointed out that this is not an isolated lot as there are vacant lots to the east of the property and therefore there is no hardship upon which to grant a variance.

Mr. Cochran rebutted that the lots on Fourth Ave., purchased by his parents' company, have no bearing on this issue. He pointed out that the lot is useless to him or anyone else without a variance and felt he should not have to incur the expense of a title search.

Chairman Harris again suggested that the most expeditious resolution would be a title search.

Mr. Cochran requested a vote on the variance request.

Attorney Gougelman pointed out that, if the variance is denied, Mr. Cochran's recourse would be an appeal to the Town Council. If that fails, the next step would be to file a lawsuit.

Chairman Harris moved to deny the variance request based on the facts on hand. Mr. Dullaghan seconded. Motion carried unanimously.

Mr. Cochran requested that Councilman Rondinone's presence at the meeting be included in the record.

4. ADJOURNMENT

The meeting was adjourned at 8:20 PM.

Councilman Rondinone asked that the record reflect that he made no comment during the meeting.

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William Harris, Chairman

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Barbara Brownlie, Secretary