TOWN OF INDIALANTIC

Brevard County, Florida 32903

BOARD OF ADJUSTMENT MEETING

March 20, 2001 Town Hall 5:30 PM

MINUTES NO. 01-01

 

           PRESENT:

                    Robin Petersen, Chairman

                            Brian Dullaghan, Vice Chairman

                            Ray Disher, Member

                            John Allen, Member    

                            Douglas Allison, 1st Alternate

                            Conan Popovich, 2nd Alternate

                      Paul Gougelman, Town Attorney

                      Stan Krulikowski, Building Official

                     Barbara Brownlie, Secretary

 

                  ABSENT:       Gus Carey, Member (excused)

 

1.      CALL TO ORDER AT 5:30 PM

 

Vice Chairman Dullaghan called the meeting to order at 5:30 PM.

 

      2.      APPROVAL OF PRIOR MEETING MINUTES

 

A.    Minutes No. 00-02 – August 10, 2000

 

Mr. Disher moved to approve Minutes No. 00-02.  Mr. Allison seconded.  Motion carried unanimously.

 

3.      VARIANCE REQUEST

 

A variance request filed by Scott and Ann Vickers, regarding Lot 9.1, Block 72, 432 Melbourne Ave., Indialantic.  A variance is being requested to Code Section 17-105(3) Swimming Pools.  The code requires that the inside edges of the swimming pool (the waterline) shall be set back 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 requested variance is to construct a pool encroaching on the rear setback.

 

Mr. Vickers explained that the pool design he chose is based on the size of his backyard.  He stated that his home was built in 1965 on an irregularly shaped lot. To maintain architectural integrity by keeping the pool in the backyard and for safety reasons, he is requesting a variance from the 10’ rear set back line.

 

Mr. Vickers said he had spoken with his neighbors and that they had no objections.  The secretary acknowledged that no written protests had been received.

 

The Board determined that a hardship existed based on the irregular lot configuration.

 

Mr. Petersen pointed out that under Code Section 17-141 the Board could vary the strict application of the zoning code in the case of exceptionally irregular, narrow, shallow lots or unusual topographic conditions where the strict application would result in difficulties or hardship.

 

Mr. Disher moved to grant a 5’ variance to the rear property line.  Mr. Allen seconded.

 

Mr. Krulikowski reported that he had worked with Mr. Vickers on the pool placement and supported granting the variance.  However, he recommended that the Board stipulate that access to excavate and work on the pool be restricted to Melbourne Avenue and not across the bike path.

 

Mr. Disher amended his motion to include the stated stipulation.  Mr. Allen seconded.  Motion carried unanimously.

 

Mr. Petersen informed the applicant that he could appeal the decision of the Board to the Town Council by filing a written request with the Town Clerk within ten days.

 

4.      ADJOURNMENT

 

The meeting was adjourned at 5:50 PM.

 

 

 

______________________________

                                                        Robin Petersen, Chairman

 

 

 

______________________________

Barbara Brownlie, Secretary