TOWN OF I N D I A L A N T I C
BOARD OF ADJUSTMENT MEETING
MINUTES NO. 01-02
PRESENT: Robin Petersen, Chairman
Brian Dullaghan, Vice Chairman
Ray Disher, Member
John Allen, Member
George Gergora, 1st Alternate
Brian Low, 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
2. OATH OF OFFICE FOR NEW MEMBERS
Attorney Gougelman administered the Oath of Office to Mr. Gergora and Mr. Low.
3. APPROVAL OF PRIOR MEETING MINUTES
Mr. Disher moved to approve Minutes No. 01-01. Mr. Dullaghan seconded. Motion carried unanimously.
4. VARIANCE REQUEST
A. A variance request filed by Vaheed B. Teimouri, regarding Lot 9, Block 68, Magnolia Dr., Indialantic. A variance is being requested to Code Section 17-121(5)(b) Lot Dimensions. The code requires that the minimum width at the building line be one hundred (100) feet. The requested variance is for a seventy-five (75) foot building line width.
Mr. Teimouri, Teimouri & Associates, represented Dr. Boozer who he indicated plans to sell his existing residence on the adjacent property and build a smaller home on the subject property. He explained that the lot was platted prior to the adoption of the Zoning Code and that it was not in common ownership when Dr. Boozer built, but acquired years later. He advised that, although the lot meets the 10,000 square foot minimum, the frontage is only 75 feet, thus making it non-conforming.
Mr. Teimouri acknowledged that there had been questions concerning access and he presented a sketch, which became part of the record, depicting a proposed driveway using a portion of the 60’ right-of-way. He proposed access from the south off Orlando Blvd. so as not to interfere with the existing bike path.
Attorney Gougelman clarified that access to the property is technically not the issue before the Board, but a matter to be addressed by the Town Manager and Council.
Mr. Gougelman gave background on the 50’ lot issue.
The Board discussed Dr. Ward’s letter of protest and viewed the photos he submitted which were entered as part of the record.
Mr. Teimouri maintained that a hardship exists because the Code renders the lot unbuildable.
The Board also discussed the safety issue concerning traffic and the adjacent park and bike path.
Town Manager Chinault stated that, based on historical actions, he knew of no reason not to grant the variance because the square footage requirement is met. He added that the lot is on a public street as defined in the Code and access cannot be denied.
Mr. Gergora moved to approve the variance as requested excluding any reference to the right-of-way access issue. Mr. Dullaghan seconded. Motion carried unanimously.
B. A variance request filed by the Town of Indialantic, regarding Lot 28, Block 3, SW corner of Riverside Dr. and Fifth Ave., Indialantic. A variance is being requested to Code Section 17-126(8)(a) Setbacks and Code Section 17-126(7) Side Yards. The code requires that all commercial buildings on Fifth Ave. be set back fifteen (15) feet from the street right-of-way lines and that side yards on corner lots be set back fifteen (15) feet from the side street. The requested variance is due to obtaining a twelve (12) foot deep strip of land for right-of-way on Fifth Ave.
Attorney Gougelman explained that this request is part of the process to secure land from Suntree Development for the eastbound right turn lane from Fifth Ave. going south on Riverside Dr. He advised that Suntree Development had entered into a cooperation agreement with the Town Council to sell the 12’ swath of land needed for a defined amount if the Town elected to grant a series of permits to ensure that the use of their property as currently configured is not hindered by the Town’s plans.
Mr. Chinault clarified that the improvements include the paved turn lane, curbing and sidewalk all to be situated within the 12’ space.
Mr. Allen observed that the people of Indialantic had voted to secure the right turn lane by a fairly large majority.
Charles Miller, 204 S. Riverside Dr., owns the first residential property south on Riverside Dr. He opposed the variance based on increased traffic, drainage problems and having a commercially zoned property adjacent to his lot.
Mr. Chinault introduced into the record plans identified as Fifth Ave. Improvements, Right Turn Lane at Riverside Dr. dated 10/24/97, sealed and signed by Town Engineer Scott Glaubitz.
Scott Bell, 1005 S. Shannon, spoke against the variance citing pedestrian safety and additional water run-off.
The Board agreed that the turn lane was needed but saw pedestrian safety and water run-off as serious problems.
Mr. Dullaghan moved to grant the variance as requested citing the hardship to the Town as the basis. Mr. Allen seconded.
In response to problems voiced by Mr. Gergora concerning safety and drainage, Mr. Chinault advised that he would meet with the Town Engineer to address the Board’s concerns and provide a written report to the members.
Motion to grant the variance carried unanimously.
5. CODE INTERPRETATION
A. An interpretation of Section 17-126(2)(g) and (9) Buffer strip requirements with regard to lots 1 and 28, Block 3, Fifth Ave., Indialantic.
Attorney Gougelman explained that this item goes back to the negotiations with Suntree Development Properties. He clarified that they are seeking assurance that the Code does not require a landscape buffer along Fifth Ave.
Mr. Gougelman explained that, under Town Code in order for that assurance to be binding on the Town, the Board of Adjustment is the only body that has the jurisdiction to interpret the Code and issue such an opinion.
Mr. Dullaghan moved to approve the Binding Letter of Interpretation as drafted. Mr. Gergora seconded. Motion carried unanimously.
6. ADJOURNMENT
The meeting was adjourned at 6:45 PM.
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Robin Petersen, Chairman
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Barbara Brownlie, Secretary