Brevard County, Florida 32903
April 24, 2001, 5:30 PM Indialantic Town Hall
MINUTES NO. 01-07
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 24, 2001. (Due to a malfunction with the taping system portions of the meeting were not recorded.)
Present: Thomas Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Michael McCabe, Member
Michael Melhado, Member
Nancee J. Hay, Alternate
Ed Washburn, Town Planner
Stan Krulikowski, Building Official
Barbara Brownlie, Secretary
Absent:Randall Greer, Alternate
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 01-06 - Regular Meeting – March 27, 2001
Mr. Melhado moved to approve Minutes No. 01-06. Mr. McCabe seconded. Motion carried unanimously.
3. APPLICATIONS
4. REPORTS AND DISCUSSIONS
A. Proposed change in Zoning Code – Section 17-88(7) – additional regulations for areas east of Miramar and 17-127(16) – Breezeways
Vaheed Teimouri, TAI Consulting Engineers, Melbourne, explained he is working on a project in Indialantic and has come across a discrepancy with the breezeway regulations. He presented a drawing depicting the differing ownerships of the affected properties.
Mr. Teimouri pointed out that while he understands the purpose of the Code is to provide open public access to the ocean, Wavecrest Ave, a right-of-way running parallel to A-1-A, provides that public access in the tourist district. He further outlined the difficulties in maintaining a consistent breezeway when abutting properties are not under the same ownership.
Mr. Teimouri referenced the county regulations that require a breezeway only on property fronting the ocean and A-1-A and requested that the Board consider recommending a code change consistent with those requirements.
Mr. Kleving reported that Satellite Beach has requirements similar to Indialantic although not as much property is affected in that city.
Town Planner Ed Washburn advised that in March 1998 the Board had recommended to the Council that the breezeway requirement apply only to properties fronting A-1-A and the ocean, but that no change resulted.
Mr. MacNeill pointed out that if the Board recommended the change it would apply to all the properties, negating whatever possible breezeways could still remain.
Mr. Teimouri clarified that property east of the Coastal Construction line is further regulated by the State. He advised that although there are no breezeway requirements, there are controls on the amount of property “coverage” by building or pavement permitted.
Building Official Stan Krulikowski recommended deleting the tourist district from the breezeway requirement based on the conflict in the code caused by the location of Wavecrest Ave. between A-1-A and the ocean.
Mr. MacNeill maintained that Wavecrest Ave. does not provide an impediment to either the breeze or the view. He supported the position of “better little than none” and maintaining the aesthetics of a primarily residential town.
Mr. Washburn explained that to be a true breezeway the property owner must control frontages on both A-1-A and Wavecrest Ave. He pointed out that the Board must determine if it is legitimate to require a breezeway on properties with no ocean frontage, effectively depriving the owner of the use of 30% of his property.
The Board discussed the impact on land coverage density and parking.
Mr. Kleving pointed out that although the city owns the narrow strip of property fronting on the ocean, it could eventually disappear through the effects of nature, making an argument for leaving the Code as it exists.
Mr. McCabe reminded that A-1-A has recently been designated a scenic highway and should not be cluttered with a maximum of construction.
Mr. Bertel pointed out the number of people who at some time could be hardshipped by the regulation and supported addressing the problem at this time.
Mr. Melhado moved that the Board recommend to the Council that Code Sections 17-88(7) and 17-127(16) be amended to include wording similar to the county ordinance stating that the “corridor shall include all land from the mean low-water line to State Road A-1-A, or other dedicated public right-of-way running parallel to the ocean whichever lies closer to the ocean.” Mr. Bertel seconded.
Motion did not carry with Mr. Melhado and Mr. Bertel voting “yes.” Mr. Kleving, Mr. MacNeill and Mr. McCabe voted “no.”
5. REPORT FROM BUILDING OFFICIAL
March statistics were included in the packets. Mr. Krulikowski also reported that Surf Style is making progress in its permitting. He advised that he has had several inquiries as to new businesses along Fifth Ave. and clarified the parking issue in relation to issuing occupational licenses.
The Town Manager advised that the recommendation for the downtown study has been forwarded to the Council. The Board clarified that the “downtown area” included the commercial and RP zoning districts.
6. REPORT FROM TOWN PLANNER
6. ADJOURNMENT
The meeting was adjourned at 6:20 PM.
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Thomas Kleving, Chairman
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Barbara Brownlie, Secretary