TOWN OF I N D I
A L A N T I C
BOARD OF
ADJUSTMENT MEETING
MINUTES NO.
02-07
PRESENT:
Robin Petersen, Chairman
Brian Dullaghan, Vice Chairman
Ray Disher, Member
George Gergora, Member
Mike McCabe, 1st Alternate
Suzanne Novak, Town Attorney
Cathy Spafford, Building Official
Barbara Brownlie, Secretary
ABSENT:
John Allen, Member (excused)
1. CALL TO ORDER AT 5:30 PM
2. APPROVAL OF PRIOR MEETING MINUTES
Mr. Dullaghan moved to approve Minutes No. 02-06. Mr. Disher seconded. Motion carried unanimously.
3. VARIANCE
APPLICATION
A variance request filed by Sarah Goodnight regarding Lots 29 and 30, Block 4, Indialantic by the Sea, 401 N. Riverside Dr. A variance is being requested to Code Section 17-88(2)(a) - Setbacks – no fence, wall or partial fence or partial wall shall be constructed on front lot lines, nor in the front setback region and Code Section 17-88(2)(b) – all permitted fences, walls or partial fences or partial walls shall be setback a minimum of twenty five (25) feet from any lot line abutting a street. In the case of the front yard it shall be set back a minimum of twenty five (25) feet, or to the front line of the building, whichever is greater. In the case of a corner lot, the side yard fence shall be setback a minimum of ten (10) feet from the lot line on the abutting street. The effect of the variance is to allow a fence on the southwest corner of the property.
Ms. Goodnight, 401 N. Riverside Dr., explained that Brevard County is rebuilding the lift station located on their property at the corner of her residential lot. She advised that the improvements had failed and that it could be up to a year before the work is re-bid, completed and the landscape barrier replaced.
Ms. Goodnight requested that she be permitted to erect a temporary fence for security and aesthetic purposes. She pointed out that it would not impede the intersection.
In response to questions from the Board, Ms. Goodnight stated that she has lived in the house since 2000 and verified that the substantial shrubbery barrier removed by the County would be replaced when the project is completed.
It was clarified that a previous variance granted to the property in 1989 was to the 10,000 square foot minimum lot size.
As Ms. Goodnight was requesting a temporary fence, Attorney Novak advised that a variance could be issued with a time certain expiration condition.
Building Official Cathy Spafford stated that she had visited the site with a County representative and determined that the proposed fence is actually on County property as the driveway has been re-poured to the property line. This being the case, she stated that the County would need to apply for the variance.
Attorney Novak advised that Brevard County must join in the variance request as a co-applicant and must sign the building permit for the fence.
The Board discussed other possible remedies.
Mr. Dullaghan moved that the variance request be tabled until the County can join in the application consenting to placing the fence on their property. Mr. Gergora seconded. Motion carried unanimously.
4. ADJOURNMENT
The meeting was adjourned at 6:00 PM.
____________________________
Robin
Petersen, Chairman
______________________________
Barbara
Brownlie, Secretary