BOARD OF ADJUSTMENT MEETING
MINUTES NO. 05-01
PRESENT: Bud Evans, Chairman
Laura Lewandowski, Vice Chairman
Brian Dullaghan, Member
Mike Fischer, Member
Doug Wright, Member
Mike Melhado, 1st Alternate
Paul Gougelman, Town Attorney
Mike McCaughin, Building Official
Barbara Brownlie, Secretary
ABSENT: Jack Kish,2nd Alternate
1. CALL TO ORDER AT 5:30 PM
Chairman Evans called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-04– August 11, 2004
Mr. Fischer moved to approve Minutes No. 04-04. Mr. Dullaghan seconded. Motion carried unanimously.
3. VARIANCE REQUESTS
A. A variance request filed by R. Kent Broome regarding Lots 7, 8, 21 and 22, Blk 1, 510 No. Riverside Dr. A variance is being requested to Code Section 17-121(7)(a) requiring that side yards on interior lots be set back 10 feet in depth. The effect of the variance, if granted, would be to allow a side yard setback of 9.6 feet.
Mr. Broome read a letter he had provided to the Board explaining that he is requesting the variance to accommodate a handicapped member of the household. He pointed out that the variance is for five inches to the side setback on the north side only.
Mr. Broome clarified that the proposed additions are in line with the existing structure.
Mr. Fisher moved to approve the request for a five inch variance to the side setback on the north sides of lot 7 and lot 22 for the proposed additions only. Ms. Lewandowski seconded. Motion carried unanimously.
B. A variance request filed by Jon Parrot regarding Lot 12, Blk. 99, 1339 S. Miramar Ave to Code Section 6-30(c)(1) – no major structure may be constructed seaward, in whole or part, of the Brevard County coastal construction control line without a variance being granted. The effect of the variance, if granted, would be to allow an addition to an existing home.
C. A variance request filed by Jon Parrot regarding Lot 12, Blk. 99, 1339 S. Miramar Ave to Code Section 17-127(16) – requiring a minimum thirty percent (30%) breezeway defined by rectangular dimensions with a clear and open line of sight from Highway A1A to the ocean be maintained on all property in the tourist zone regardless of the ownership or configuration of platted lots. The effect of the variance, if granted, would be to allow an addition to an existing home.
Mr. Parrot presented photos to the Board depicting the damage done to his home after Hurricane Jeanne. He explained that the house is now gutted and as a general contractor he planned to do remodeling extending to the south.
Mr. Parrot pointed out that the construction violates the 30% breezeway requirement.
Attorney Gougelman advised that the standards for granting a coastal construction line variance differ from other variances.
Mr. Parrot presented a letter from David Bogenrief, P.E. concerning the impact of the construction.
Attorney Gougelman read the engineer’s letter into the record and advised the Board they could consider it in their decision.
In response to discussion from the Board, Mr. Parrot clarified how the plans would be changed to accommodate the breezeway requirement.
Mr. Fischer moved to grant the variance to Code Section 6-30(c)(1) per the survey presented and designated as being from AAL Land Surveying Services, Inc. Job #14937, L.B. #6623 dated 10/19/04 and revised 11/18/04 provided all Town Codes are met and that there is no construction east of the existing structure. Mr. Wright seconded. Motion carried unanimously.
Mr. Parrot withdrew his request for a variance to the breezeway requirement.
4. ELECTION OF OFFICERS
Mr. Dullaghan nominated Mr. Evans as Chairman and Ms. Lewandowski as Vice Chairman. Mr. Fischer seconded. They were reelected unanimously.
5. ADJOURNMENT
Mr. Fischer requested that at some point in time an opinion be rendered clarifying whether the code requires that the 30% minimum breezeway be contiguous or cumulative.
John B. MacNeill, 1320 S Riverside Dr, Vice Chairman of the Zoning & Planning Board, stated that the ambiguity could be resolved by removing the word “a” before “clear, open vertical area” in Code Sec. 17-127(16).
The Board discussed the intent of the breezeway requirement as it applies to future development.
The meeting adjourned at 6:20 PM.
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Bud Evans, Chairman
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Barbara Brownlie, Secretary