TOWN OF INDIALANTIC
BOARD OF ADJUSTMENT MEETING
MINUTES NO. 03-02
PRESENT: Robin Petersen, Chairman
Brian Dullaghan, Vice Chairman
John Allen, Member
Ray Disher, Member
George Gergora, Member
David Berkman, 1st Alternate
Bud Evans, 2nd Alternate
Paul Gougelman, Town Attorney
Cathy Spafford, Building Official
Barbara Brownlie, Secretary
1. CALL TO ORDER AT 5:30 PM
2. OATH OF OFFICE FOR NEW MEMBERS
A. David Berkman
B. Bud Evans
Attorney Gougelman administered the Oath of Office to Mr. Berkman and Mr. Evans and advised that alternate members may engage in debate and question people before the Board, but vote only in the absence of a regular member.
Attorney Gougelman also notified the Board that the Town Council had approved an ordinance directing that appeals from the Board of Adjustment would no longer be heard by the Town Council effective with applications received after January 31, 2003.
3. APPROVAL OF PRIOR MEETING MINUTES
Mr. Dullaghan moved to approve Minutes No. 03-01. Mr. Disher seconded. Motion carried unanimously.
4. VARIANCE APPLICATIONS
Per Section 17-141 of the Indialantic Code of Ordinances, a variance request filed by Charles R Tanner and Patricia R Tanner regarding Lot 19, Blk. 62, Michigan Ave. A variance is being requested to Code Sections 17-121(4) - Lot area and 17-121(5)(b) - Lot dimensions. It is the intent of these sections to require a minimum lot area of 10,000 square feet and a width of 100 feet at the building line. The effect of the variance is to allow a single-family residence on a lot 50 feet wide and 130 feet deep.
Patricia Tanner, 126 Michigan Ave., indicated that she had purchased her home on Michigan Ave. in 1985 and in 1993 had purchased the adjoining 6500 square foot lot as an investment.
Ms. Tanner cited the Suplee court decision and Resolution 00-05 indicating that 50 foot lots were buildable provided they had not been in common ownership with any adjacent property since 1953.
Ms. Tanner also maintained a precedent was set by a former Board of Adjustment decision in the Boozer case.
The Town Attorney advised precedent is very limited and each variance application turns on its own set of facts.
Ms. Tanner entered into the record the Suplee decision and maintained there was some conflict in Resolution 00-05.
Teresa Dyer, 135 8th Ave., questioned the intent of the resolution and whether it was applicable in this circumstance.
Colin Campbell, 514 Ave. A, Melbourne Beach, and owner of property at 112-116 First Ave., Indialantic, supported the restrictions on lot size to prevent future splitting of lots.
Mr. Gergora moved to deny the variance request. Mr. Allen seconded. Motion carried unanimously.
The Chairman advised the applicant of the right to appeal by filing written notice with the Town Clerk within ten days.
5. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Disher nominated Robin Petersen as Chairman. Mr. Petersen was elected unanimously.
Mr. Gergora nominated Mr. Dullaghan as Vice Chairman. Mr. Dullaghan was elected unanimously.
6. ADJOURNMENT
Mr. Gergora requested a workshop for the Board members with the Town Attorney to review duties, rules and laws.
It was the consensus of the Board to hold a workshop before the next Board meeting, which is scheduled for February 27, 2003.
The meeting was adjourned at 6:10 PM.
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Brian Dullaghan, Vice Chairman
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Barbara Brownlie, Secretary