TOWN OF INDIALANTIC

Brevard County, Florida 32903

BOARD OF ADJUSTMENT MEETING

April 10, 2003     Town Hall   5:30 PM

MINUTES NO. 03-06

 

                       PRESENT:     John Allen, Chairman

                                               Brian Dullaghan, Vice Chairman

                                               David Berkman, Member

                                               Ray Disher, Member

                                               George Gergora, Member

                                               Bud Evans, 1st Alternate

                                               Laura Lewandowski, 2nd Alternate

                                                      Paul Gougelman, Town Attorney

                                                Cathy Spafford, Building Official

                                                Barbara Brownlie, Secretary

 

      1.    CALL TO ORDER AT 5:30 PM

 

      Chairman John Allen called the meeting to order at 5:30 PM.

             

2.      APPROVAL OF PRIOR MEETING MINUTES

 

A.  Minutes No. 03-04 – March 20, 2003

 

Mr. Dullaghan moved to approve Minutes No. 03-04.  Mr. Disher seconded.  Motion carried unanimously.

 

B.     Minutes No. 03-05 – March 26, 2003

 

Mr. Disher moved to approve Minutes 03-05.  Mr. Dullaghan seconded.  Motion carried unanimously.

 

With no objections, the order of the agenda was changed.

 

3.      VARIANCE REQUEST

 

Per Section 17-141 of the Indialantic Code of Ordinances, a variance request filed by Brent Stancil regarding Lots 12 and 13, Block 44, Indialantic by the Sea, 700 S Ramona Ave.  A variance is being requested to Code Section 17-103(b)(3)b. – Parking, storage and use of certain vehicles.  This section stipulates that 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 would be to allow a boat to be parked less than 25 feet from the property line.

 

Brent Stancil, 700 S Ramona Ave., explained that after having his boat in the same spot for a year and a half, he received a letter from code enforcement pointing out that it was in violation. 

 

Mr. Stancil entered into the record a survey showing that the boat is 12 to 13 feet from the property line and 32 feet from the road.  He also pointed out the 19 foot easement.

 

Mr. Stancil stated that his only options are selling the boat, moving, placing the boat in a marina or putting the boat in the backyard, which would necessitate removing two mature trees.

 

Mr. Stancil also entered into the record photographs and a statement signed by his neighbors evidencing no objections.

 

The Board discussed the trees as a practical difficulty and Attorney Gougelman clarified that this could be considered a factor in the deliberations.

 

Mr. Gergora said that it would be a mistake to deviate from the Code and that it should be applied consistently to protect the Town.

 

Mr. Berkman stated that the regulations regarding corner lots and the parking of vehicles needs to be re-addressed by the Town.

 

Sara Schenk, 706 S Ramona Ave., supported granting the variance.

 

Betty Pappas, 705 S Ramona Ave., also supported the variance request.

 

Mr. Gergora moved to deny the variance.  Mr. Dullaghan seconded.  Motion carried with Mr. Allen, Mr. Disher, Mr. Dullaghan and Mr. Gergora voting “yes.”  Mr. Berkman voted “no.”

 

4.      DISCUSSION AND APPROVAL OF FINAL ORDER REGARDING MAGNOLIA KEY (cont’d from March 20, 2003)

Mr. Allen commended Attorney Gougelman on the thoroughness of the order.

 

Several typographical errors were pointed out and corrected.

 

Mr. Dullaghan moved to approve the Final Order as corrected.  Mr. Gergora seconded.  Motion carried unanimously.

 

5.      ADJOURNMENT

 

The meeting adjourned at 6:10 PM.

 

 

    

            ____________________________

                                                                                          John Allen, Chairman

 

 

 

______________________________

Barbara Brownlie, Secretary