TOWN OF I N D I A L A N T I C
BOARD OF ADJUSTMENT MEETING
MINUTES NO. 02-05
PRESENT:
Robin Petersen, Chairman
Brian Dullaghan, Vice Chairman
John Allen, Member
Brian Low, 1st Alternate
Paul Gougelman, Town Attorney
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
ABSENT: George Gergora, 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. VARIANCE REQUEST
A variance request filed by Dona Grigsby regarding 814 N. Hwy. A1A, Indialantic Shopping Center. A variance is being requested to Code Section 17-132(11) – Outdoor cafes – at any part of a groundfloor outdoor café not blocked by a building, there shall be maintained or constructed a hedge or fence not less than three (3) feet high surrounding the outdoor café area. Such hedge or fence shall be set back no less than three (3) feet from the boundary line of the property. The effect of the variance is to allow an outdoor café with no fence or hedge.
Dona Grigsby, owner of the Beach Street Eatery located at 814 N A1A, explained that she would like to place small tables on the sidewalk in front of the restaurant for smokers and patrons coming from the beach. Ms. Grigsby maintained that the tables would not interfere with sidewalk traffic and would be taken in when not in use.
Ms. Grigsby presented a letter from James E. Holmes, Inc. Insurance Agency stating that a fence barrier would substantially increase liability exposure and would not be approved.
Town Manager Christopher Chinault clarified that outside tables fall under the regulations for outdoor café in the Code and noted that the Town Council had issued an outdoor café permit to Ms. Grigsby in March 2002.
Mr. Chinault observed that a fence would be impractical and a hazard to pedestrians and motorists.
Ms. Grigsby presented photographs depicting improvements to the site and the diffuculty in erecting a barrier based on the configuration of the sidewalk and parking lot.
Attorney Gougelman observed that the insurance question alone presents a hardship not created by the applicant.
Mr. Allen moved to grant the variance as requested. Mr. Dullaghan seconded. Motion carried unanimously.
4. ADJOURNMENT
The meeting was adjourned at 5:45 PM.
____________________________
Robin Petersen, Chairman
______________________________
Barbara Brownlie, Secretary