TOWN OF I N D I A L A N T I C
BOARD OF ADJUSTMENT MEETING
MINUTES NO. 01-03
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
1. CALL TO ORDER AT 5:30 PM
2. APPROVAL OF PRIOR MEETING MINUTES
Mr. Disher moved to approve Minutes No. 01-02. Mr. Allen seconded. Motion carried unanimously.
3. 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 17-82(1) Minimum size and 17-82(3) Access. The code requires that no dwelling be erected on a lot that does not meet the minimum area and dimension requirements for the district in which the dwelling is to be erected and that no dwelling shall be erected on a lot of record which does not abut at least one public street for a distance of one hundred (100) feet. The requested variance is to construct a dwelling on a seventy-five (75) foot wide lot abutting a public street for a distance of seventy-five (75) feet.
Mr. Teimouri, Teimouri and Associates, represented Mr. Boozer who was granted a variance to Code Section 17-121(5)(b) at the previous Board of Adjustment meeting permitting him to build on a lot with a 75’ frontage.
Mr. Teimouri explained he had nothing new to add and again displayed the sketch depicting possible access to the lot. He maintained that the right-of-way exists and that the Code does not stipulate that access must be from an “improved” right-of-way.
Mr. Disher clarified that the 75’ variance was previously granted because the property contained the required 10,000 square feet.
Town Manager Christopher Chinault explained that this request is a technicality based on the approval at the last meeting. Mr. Chinault stated that it is essentially a continuation of that variance based on additional code sections not previously cited. He noted that the staff position is for approval.
Mr. Allen brought up the Board’s previous concerns with access and that it was not considered as an issue in granting the variance.
Mr. Chinault advised that the Town is required to grant access to property owners, but that this is an issue to be addressed by staff. He explained that no plans have been submitted, so the location of the access has not yet been determined.
Mr. Gougelman clarified that the Town Code Section 17-121(5)(b) requires a 100 foot frontage and that Section 17-82(3) is essentially the same requirement worded differently.
The Board discussed the dimensions of the subject lot and the original platting.
Mr. Gergora maintained that the property owner knew he was in violation of three code sections when he purchased the property, thus creating his own hardship.
Mr. Disher observed that the Board made the lot buildable by granting the 75’ variance based on the 10,000 square feet. He added that this situation is unique because of the location of the property, but that the street and access are administrative problems.
Mr. Teimouri clarified that Mr. Boozer also owns the two lots to the north of the subject property.
Mr. Gougelman stated that the fact that Mr. Boozer owns a “block” of land does make a difference and recommended that in the future the Town Planner attend the Board’s meetings.
At this point, the Chairman called for comments from the public.
John B. MacNeill, 1320 So. Riverside Dr., received clarification on how the manner in which deeds were held could effect the decision.
Carol Andren, 906 So Ramona, requested that, if the variance is approved, restrictions be placed on the access.
Linnie DiGiacomo, 405 Orlando, opposed granting the variance based on safety issues.
Ms. D.X. Ross, Second Ave., commented that this is an active park and that more people should have been notified of this action.
Mr. Gergora received clarification that the bicycle path was part of the right-of-way and that the subject property address would be Magnolia Dr.
Mr. Chinault again clarified that no determination on access has been made because no application has yet been submitted.
Robert DiGiacomo, 405 Orlando, commented that Mr. Boozer is seeking personal enrichment at the sacrifice of the integrity of the neighborhood and suggested the access be across Mr. Boozer’s present property as he has created his own personal burden. He also expressed concern with the traffic hazard which he felt would be created.
Joyce Warner, 131 13th Ave, President of the Homeowners Association, expressed concern with access and maintaining the integrity of Orlando Park.
Carol Andren suggested the option of providing access behind the hedge that Mr. Boozer had erected to provide privacy and intimacy for his property.
Mr. Gougelman advised that Magnolia Dr. is legally a 60’ wide public street and that perhaps the Town Council should consider the options of vacating part of that right-of-way thus preserving the parklike setting or paving it.
Bill DeLuccia, 416 Melbourne Ave., questioned the dimensions of a buildable lot and noted the existence of endangered plant species on the property.
Ms. DiGiacomo observed that more people would have attended the meeting if they had been made aware of what was going on.
Mr. Dullaghan commented that the hardship now seemed to be caused by the property owner himself.
Mr. Disher again stated that the variance, based on square footage, could have been granted if the property were located anywhere else. He added however that access must be addressed and is an administration problem.
Mr. Allen moved to not grant the variance based on Code Sections 17-82(1) and 17-82(3). Mr. Disher seconded. Motion carried unanimously.
Chairman Petersen advised the applicant of his right to appeal.
B. A variance request filed by Ronald Viesins, regarding Lots 9 and 10, Block 6, Third Ave., Indialantic. A variance is being requested to Code Section 17-121(6) Front yards. The code requires that front yards shall be not less than twenty-five (25) feet in depth. The requested variance is for a twenty-three (23) foot front set back.
Mr. Viesins explained that, in situating a new home on the subject property, he was attempting to preserve as many trees as possible. He requested the variance in order to save a 40’ oak located in the rear of the property.
Mr. Viesins also advised that three other homes in the vicinity do not meet the 25’ front set back requirement.
Ms. Ross questioned whether the construction would cause any damage to the tree.
Mr. Chinault advised that the staff had no position and that the hardship appeared to be caused by the placement of the house on the property.
The Board discussed the request and whether a hardship existed.
Mr. Gougelman advised that the Code also allows the Board to grant variances based on a “practical difficulty” which carries a less demanding standard than “unnecessary hardship.”
Mr. Gergora moved to disapprove the variance application. Mr. Dullaghan seconded. Motion carried unanimously.
Chairman Petersen advised Mr. Viesins of his right to appeal to the Town Council.
C. A request filed by the Town of Indialantic, regarding Lot 1, 2, 27, and 28, Block 3, Plat Book 3, Page 3, Public Records of Brevard County, Florida located at the SW corner of Riverside Dr. and Fifth Ave., Indialantic. The request has been filed to cancel variances issued April 28, 1998 to Code Section 17-126(8) - Setbacks and 17-126(11) - Offstreet Parking.
Mr. Gougelman advised that this is contingent upon the closing of the property for the Riverside Drive turn lane. As the sale of the property had not been completed he requested that the public hearing be continued to a later date.
Mr. Disher moved that the public hearing be continued to Thursday, June 28, 2001 at 5:30 PM. Mr. Dullaghan seconded. Motion carried unanimously.
3. ADJOURNMENT
The meeting adjourned at 7:00 PM.
______________________________
Robin Petersen, Chairman
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Barbara Brownlie, Secretary