TOWN OF I N D I A L A N T I C
BOARD OF ADJUSTMENT MEETING
MINUTES NO. 02-08
PRESENT: Robin Petersen, Chairman
Brian Dullaghan, Vice Chairman
John Allen, Member
Ray Disher, Member
George Gergora, Member
Mike McCabe, 1st Alternate
Suzanne Novak, Town Attorney
Cathy Spafford, Building Official
Barbara Brownlie, Secretary
1. CALL TO ORDER AT 5:30 PM
2. APPROVAL OF PRIOR MEETING MINUTES
Mr. Disher moved to approve Minutes No. 02-07. Mr. Dullaghan seconded. Motion carried unanimously.
3. VARIANCE APPLICATIONS
A. A variance request filed by Robert Johnson Jr. regarding Lot 81, Indialantic Heights 2nd Sec, 500 Watson Drive. A variance is being requested to Code Section 17-103(b)(3)b - Parking and storage of RV’s – When a corner lot is involved and the RV is located on the side abutting the intersecting street, it shall only be located no less than twenty five (25) feet from that side lot line, which corner side yard, as defined in Section 17-4(60) of this code, extends from the front yard to the rear lot line on the side abutting the intersecting street. The effect of the variance is to allow RV parking seventeen (17) feet from the property line.
Robert Johnson, 500 Watson Dr., requested that the Board grant a variance because there is no other site on his property to park the 38’ RV without removing part of his roof. He noted that the driveway for parking the RV has been permitted and that the area would be heavily landscaped.
Mr. Disher questioned the measurements and Mr. Johnson revised his request to allow the RV 13 1/2 feet from the property line.
Mr. Gergora pointed out that there is nothing unique about the property upon which to base granting a variance.
Peter Harberg, 475 Bahama Dr., indicated that he would be the party most affected and had no problem with the request.
Ms. Spafford reported that the only hardship would be in cutting off a part of the roof.
Mr. Gergora moved to reject the request for variance. Mr. Allen seconded. Motion carried unanimously.
Mr. Petersen informed Mr. Johnson of his right to appeal by filing a written request with the Town Clerk within 10 days.
B. A variance request filed by Gaetano D’Anna regarding the west 125 feet of Lot 13, Blk. 99 and the south 5 feet of Lot 13, excepting the west 125 feet thereof, 1403 S. Miramar Ave. A variance is being requested to Code Section 17-88(1) - Fences; walls – It is the intent of this section to permit the fencing or enclosing of side yards and rear yards only, which rear yard, as defined in Section 17-4(54) of this code is an open occupied space on the same lot with the principal building and extending across the width of the lot, except on corner lots, between the rear lot line and the rear walls or support of the building. The effect of the variance is to allow a fence along the south 5 feet of Lot 13.
Gaetano D’Anna, 3234 Windsong, Melbourne, requested a variance to extend an existing fence to the beach along an access easement on the rental property he owns. Mr. D’Anna entered into the record documents indicating he has title to the foot path easement.
Mr. D’Anna explained that the request was precipitated by problems with the neighboring property owner.
The Board requested clarification from Attorney Novak concerning the ownership of the easement and the legality of placing a structure there. Ms. Novak requested copies of Mr. D’Anna’s documents so she could do further research on the chain of title.
Mr. Gergora moved to table this item to the next meeting to enable the attorney to seek further interpretation. Mr. Allen seconded.
The following people spoke in favor of granting the variance:
Denise Holmes, 1403 S. Miramar Ave.
Todd Danylin, 1403 S. Miramar Ave.
Merry D’Anna, 3234 Windsong Ct., Melbourne
Attorney Novak clarified that building east of the Coastal Construction Control Line applies only to structures and that a fence is not considered a structure.
Motion to table this item passed unanimously.
4. ADJOURNMENT
The meeting was adjourned at 6:15 PM.
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Robin Petersen, Chairman
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Barbara Brownlie, Secretary