TOWN OF I N D I A L A N T I C
BOARD OF ADJUSTMENT MEETING
MINUTES NO. 02-06
PRESENT:
Robin Petersen, Chairman
Brian Dullaghan, Vice Chairman
John Allen, Member
Ray Disher, Member
Mike McCabe, 2nd Alternate
Paul Gougelman, Town Attorney
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
ABSENT: George Gergora, Member (excused)
Brian Low, 1st Alternate (excused)
1. CALL TO ORDER AT 5:30 PM
2. OATH OF OFFICE FOR NEW MEMBER
A. Mike McCabe
Attorney Gougelman administered the oath of office to Mr. McCabe.
3. APPROVAL OF PRIOR MEETING MINUTES
Mr. Dullaghan moved to approve Minutes No. 02-05. Mr. Allen seconded. Motion carried unanimously.
4. CODE INTERPRETATION
An interpretation of Code Section 17-121(2)(a) to determine if a radio antenna located on the City of Melbourne’s water tower constitutes an incidental accessory use.
Attorney Philip Nohrr, 1800 W Hibiscus Blvd, Melbourne, represented the Brevard Youth Group Broadcasting Corporation (BYGBC). Attorney Nohrr entered into the record an FCC news release dated January 20, 2000 approving the creation of low frequency FM radio services designed to serve a localized community. Mr. Nohrr also presented the BYGBC construction permit that has been accepted by the FCC.
Attorney Nohrr displayed the 28” antenna that would be placed at least 100 feet up on the water tower. He also exhibited the small box that would house the accessory equipment.
Attorney Nohrr pointed out that the City of Melbourne has existing communication antennas on the site. He advised that VoiceStream has an antenna located on the water tower and that Bell South received approval in September 2001 from this Board to place an antenna on the water tower.
Attorney Nohrr entered into the record several photographs of the site depicting the existing antennas and accessory boxes.
Attorney Nohrr maintained that the antenna would benefit the community as an additional form of communication to the general public and would have no negative impact on the neighborhood. He also advised that the applicant planned on locating the broadcasting facilities within the Town and would bring additional employment.
In response to a question from the Board, Randy Bennett (BYGBC) explained the proposed programming. He advised that this is a non-commercial educational station locally originated and with an emphasis on the immediate community.
Mr. Bennett further added that Indialantic was chosen because the FCC had determined that the beachside was an underserved community.
Mr. Allen observed that the auxiliary equipment is what poses the problem and warned that the area could become proliferated with boxes and equipment.
Town Manager Christopher Chinault stated that the number of antennas would be limited by the square footage available on the ground to house the necessary service equipment. He advised that a site plan has been approved for a 600 sq. ft. building to store equipment and the limit is that building’s capacity.
Mr. Chinault also emphasized that this is a residential zone and pointed out that the applicant is not the property owner.
Mr. Nohrr explained that he has been talking with City of Melbourne Engineer Harold Ralls concerning a lease arrangement and that Mr. Ralls is aware of tonight’s meeting. He added that any approval would be subject to an acceptable lease agreement with Melbourne.
Mr. Chinault stated that the Board’s objective is to determine whether the radio antenna is a customarily incidental use to the water tower.
Attorney Gougelman reviewed the previous decision of the Board concerning the telephone antenna. He also advised that the number of objects placed on the water tower would be determined by the size of the service building, the weight the tower can sustain and the fact that it is owned by a public entity.
Attorney Nohrr claimed that he saw no distinction between approval for a telephone antenna and the radio antenna.
Mr. Dullaghan moved that a radio antenna does constitute an incidental accessory use to the water tower under Code Sec. 17-121(2)(a). Mr. Disher seconded. Motion carried unanimously.
In anticipation of a potential problem, Mr. Disher pointed out that a broadcasting studio does not appear as a permitted or non-permitted use in the Code. It was determined that a studio would be no different than a business office.
The Board also discussed with Mr. Bennett how such a small residential community could financially sustain a radio station.
5. ADJOURNMENT
The meeting was adjourned at 6:30 PM.
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Robin Petersen, Chairman
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Barbara Brownlie, Secretary