TOWN OF I N D I
A L A N T I C
BOARD OF
ADJUSTMENT MEETING
MINUTES NO.
02-04
PRESENT:
Robin
Petersen, Chairman
Brian
Dullaghan, Vice Chairman
John
Allen, Member
George
Gergora, 1st Alternate
Brian Low, 2nd Alternate
Paul Gougelman, Town Attorney
Christopher Chinault, Town Manager
Stan Krulikowski, Building Official
Barbara Brownlie, Secretary
ABSENT:
Gus Carey, Member (excused)
Ray
Disher, Member (excused)
1. CALL TO ORDER AT 5:30 PM
2. APPROVAL OF PRIOR MEETING MINUTES
Mr. Dullaghan moved to approve
Minutes No. 02-03. Mr. Allen seconded. Motion carried unanimously.
3.
APPEAL
An appeal to the decision of the Building Official filed by Larry Friedrich concerning Code Section 17-126(1) “C” and “C-1” Commercial Districts – Permitted Uses. The Building Official has determined that a tattoo parlor is not a permitted use in this district.
Larry Friedrich explained that the building official had denied his occupational license application to operate a salon for permanent make-up application and cosmetic and artistic tattooing.
Mr. Friedrich presented a copy of a county license issued to a business located in Indialantic for “Tattoos/Perm. Make-Up.” He did not have a copy of the Town’s license for that location.
Town Manager Christopher Chinault verified that the cited location is licensed as a beauty salon. He pointed out that a tattoo parlor is not listed as a permitted use and the Town’s position is to enforce the Code.
Attorney Gougelman clarified that an occupational license is merely a tax and does not denote that a person is qualified to perform a certain service.
The Board discussed health concerns associated with this type of business.
Mr. Friedrich responded that the business must operate under a supervising physician and is subject to health inspections and haz-mat regulations.
Mr. Gergora moved to interpret the Code as to not permit a tattoo parlor.
There was some discussion over the number of votes necessary to approve the motion- four to one for an appeal or three to two for an interpretation.
In response to a question from the attorney, Mr. Krulikowski said that his denial was based on the fact that a tattoo parlor is not listed as a permitted use and is not a code interpretation.
Attorney Gougelman maintained that if this is being presented as an appeal, the Building Official must have the authority to interpret the Code and he does not.
At this point Mr. Low seconded Mr. Gergora’s motion.
The Town Manager stated for the record that the staff does not agree with the Attorney’s position.
Motion to deny a tattoo parlor as a permitted used carried with Mr. Allen, Mr. Gergora and Mr. Low voting “yes.” Mr. Petersen and Mr. Dullaghan voted “no.”
Mr. Gougelman advised the applicant that there is no right to appeal to Council, but he can request an amendment to the Code through the Council or has regress through the court system.
4. ADJOURNMENT
The meeting was adjourned at 6:10 PM.
____________________________
Robin
Petersen, Chairman
______________________________
Barbara Brownlie,
Secretary