BOARD OF ADJUSTMENT MEETING
MINUTES NO. 03-05
PRESENT: John Allen, Chairman
Brian Dullaghan, Vice Chairman
David Berkman, Member
Ray Disher, Member
Bud Evans, 1st Alternate
Paul Gougelman, Town Attorney
Cathy Spafford, Building Official
Barbara Brownlie, Secretary
ABSENT: George Gergora, Member
Laura Lewandowski, 2nd Alternate
1. CALL TO ORDER AT 5:30 PM
2. VARIANCE REQUESTS
A. Per Section 17-141 of the Indialantic Code of Ordinances, a variance request filed by Hedy LaVonne Boyce regarding Lot 4, Block 72, Indialantic by the Sea, Twelfth Ave. A variance is being requested to Code Section 17-121(4) – Lot area and 17-121(5) - Lot dimensions. The intent of these sections is 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 would be to allow a single family residence on a lot 50 feet wide and less than 10,000 sq. feet.
Hedy Boyce, owner of 421 Twelfth Ave. since 1993 and now residing in Michigan, explained that she had purchased the subject lot in November 2000 with plans to build for retirement.
Ms. Boyce advised that a title search indicated that the property had not been in common ownership with lots on either side prior to 1999. Ms. Boyce had submitted a title search and plans to the former Indialantic building official and she stated that he had indicated she could proceed.
Ms. Boyce continued that she first became aware of a problem when the final plans were submitted to the current building official who informed her that the lot was unbuildable because it was now in common ownership.
Ms. Boyce remarked that it seemed unfair that any other party could have purchased the lot and it would have been buildable.
In answer to a question, Ms. Boyce stated that at the time of purchase she was made aware that the lot was not buildable and that it was bought for speculation.
Attorney Gougelman gave background on the Suplee court decision and Resolution 00-05.
Building Official Cathy Spafford advised that she had examined the chain of title and indicated that there had been no co-ownership prior to Ms. Boyce’s purchase.
The following members of the public addressed the issue:
Karen Osterblom, 411 12th Ave.
Pat Tanner, 126 Michigan Ave.
Roger Shank, 706 S Ramona Ave.
Don Gust, 430 12th Ave.
In answer to a question concerning the “hearsay” approval from the former building official, Attorney Gougelman clarified that only the Board of Adjustment and not the building official can interpret the code.
Mr. Berkman moved to deny the variance based on the fact that the hardship was self-created. Mr. Dullaghan seconded. Motion carried with Mr. Dullaghan, Mr. Berkman, Mr. Disher and Mr. Evans voting “yes.” Mr. Allen voted “no.”
B. A variance request file by Coral Sands of Indialantic, LLC regarding Lots 1,2 and 3, Block 66, 601 N. Miramar Ave. A variance is being requested to Code Section 17-92(2) – The elevation of the finished grade of all residential buildings shall not be less than eighteen (18) inches above the elevation of the crown of the street for the principal building and no less than ten (10) inches above the elevation of crown of the street for a garage, carport or parking area. The effect of the variance would be to allow a parking garage elevation of 4.86 feet below the crown of the road.
Jim Mayes, representing Coral Sands, LLC, Miami, advised that Indialantic One is a 38 unit condo building to be constructed at 601 N Miramar and introduced his engineer.
Robert Lee, Lee Engineering Inc., 105 N. Palm Ave., requested a variance to allow the parking garage elevation below the crown of the road. Mr. Lee explained that it is a common building practice to design the ground floor garage below the habitable floors to allow for additional landscaping instead of parking.
Mr. Lee pointed out that the property has a natural slope from east to west meaning that some of the garage floor would be below and some above grade and the crown. He also advised that the engineering plan allows for proper drainage and that the garage floor elevation is above the FEMA flood zone.
In answer to a question, Mr. Lee said that it would be impossible to achieve the density within the height limitation without the variance.
Mr. Mayes reported that the site plan had already been approved by the Zoning and Planning Board and the Town Engineer.
Roger Wernow, 505 N Miramar, welcomed the visual improvement and wasn’t certain if having to make the building smaller would constitute a hardship.
Mr. Lee reported that the code specifies the building be 25 feet from the bluff line and the building will be set back 50 feet.
Mr. Lee pointed out that similar variances had been granted in the past.
Attorney Gougelman clarified that the question of precedence is difficult but implies equal treatment for similar fact patterns and that just because others have violated something does not make it right. He added that each factual situation must meet the requirements for a variance on its own.
Mr. Lee summarized that similar variances had been granted in the past, the below grade garage is common building practice, the project meets the concerns to prevent flooding and the property is unique as it is an irregular corner lot with a large elevation differential.
Mr. Mayes explained that the property requires a “balancing act” as Florida state law says soil cannot be removed from the site and the design had to balance with soil displacement.
Mr. Lee clarified that the lowest point of the garage is 14.3 and highest 14.67 feet above the crown of A1A. Mr. Lee pointed out that the finished floor is based on the highest point, which is 18.35 feet on Watson, but the variance will differ throughout the elevation.
Ms. Spafford clarified that since Watson was chosen for the frontage the variance sounds like a lot more than it will actually be and that the only reason for elevation requirements is for flood control.
In response to a question from Mr. Berkman, Ms. Spafford stated that the five to ten inches requested would make no difference in the flood control.
Mr. Dullaghan moved to deny the variance based on the fact that no evidence of hardship has been presented. Mr. Disher seconded. Motion carried with Mr. Dullaghan, Mr. Disher and Mr. Evans voting “yes.” Mr. Allen and Mr. Berkman voted “no.”
Mr. Lee questioned whether or not this project could be considered an elevated building as defined in Sec. 6-118 and regulated in Sec 6-152(b)(3).
Attorney Gougelman advised he would need to research who is authorized to interpret that section of the code and get back to Mr. Lee at a later date.
C. A variance request file by Coral Sands of Indialantic, LLC regarding Lots 1,2 and 3, Block 66, 601 N. Miramar Ave. A variance is being requested to Code Section 6-30(c)(1) – no major structure may be constructed seaward of the Brevard County Coastal Construction Control Line without a variance being requested.
Attorney Gougelman clarified the circumstances under which the variance could be granted.
Mr. Lee explained that the building had been designed according to FDEP guidelines and deemed not to accelerate erosion or endanger adjacent or landward properties.
Mr. Lee’s signed and sealed letter as a professional engineer attested to that fact.
Mr. Lee related plans to enhance and revegetate the dune system and again pointed out the building would be located 50 feet west of the dune system. He also maintained that the breezeway requirement is exceeded.
Attorney Gougelman gave background the Coastal Construction Control line.
Mr. Lee stated that he had a BS in Ocean Engineering and had done coastal engineering work for the past 17 years. He added that he has been a Professional Engineer licensed by the state of Florida since 1988 and has owned his own engineering business since 1991.
Mr. Evans moved to grant the variance based on the professional opinion submitted as evidence. Mr. Berkman seconded. Motion carried unanimously.
3. ADJOURNMENT
The meeting was adjourned at 7:50 PM.
____________________________
John Allen, Chairman
______________________________
Barbara Brownlie, Secretary