BOARD OF ADJUSTMENT MEETING
AGENDA NO. 05-03
PRESENT:
Bud Evans, Chairman
Laura Lewandowski, Vice Chairman
Brian Dullaghan, Member
Doug Wright, Member
Mike Melhado, Member
Jack Kish,1st Alternate
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
1. CALL TO ORDER AT 5:30 PM
Chairman Bud Evans called the meting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 05-02– May 23, 2005
Mr. Dullaghan moved to approve Minutes No. 05-02. Mr. Wright seconded. Motion carried unanimously.
The order of the agenda was changed and the Code Interpretation was heard first.
3. CODE INTERPRETATION
A. Clarification on air-conditioning condensers situated in the setback area – requested by the Building Official
Building Official Cliff Stokes indicated that he had found nothing in the Code that addresses the placement of air conditioning condenser units in the side setback areas. He explained that it is an issue in several new house plans submitted for approval.
Mr. Stokes advised that the county allows them in the side setback provided they do not encroach on any utility easements.
Mr. Melhado disclosed that one of the house plans is his own and that he would abstain from voting.
The Board pointed out that a precedent has been set with other items not considered structures placed within the side setback.
Mr. Wright moved that it be acceptable to place air conditioning condenser units adjoining the house structure within the side setback areas provided they do not encroach into any utility easement. Ms. Lewandowski seconded. Motion carried unanimously.
4. VARIANCE REQUESTS
A. A variance request filed by Attorney Philip F Nohrr, representing Chris Cuvelier, regarding Lot 1, Blk 13, Third Ave. A variance is being requested to Code Sections 17-86(4) and 17-122(6) and (7) requiring that front yards be not less than 25 feet in depth and that where a side yard of a corner lot abuts one of two intersecting streets, the side yard shall not be less than 25 feet in depth on the side abutting the street. The effect of the variance, if granted, would be to allow a side yard setback of 12 feet on the side abutting the street.
Attorney Cliff Repperger, 1800 W Hibiscus Ave., Melbourne, represented the applicant and explained that this item was being re-presented following the Council’s decision that Resolution No 00-05 applied only to side-by-side lots.
Attorney Repperger introduced Robert Lee, Lee Engineering, 105 N Palm Ave., Indialantic, who entered into the record a sight triangle study indicating the proposed structure would not interfere with traffic sight distances based on both FDOT and Indialantic Code criteria.
Attorney Repperger maintained that the property does meet the criteria for a hardship based on it being a non-conforming buildable lot with a small size. He explained the proposed home is a1900 sq. ft two-story structure.
John Brumbaugh, 333 Third Ave, expressed concerns with the safety issue and with giving away public land for a variance.
Ms. Lewandowski pointed out that the subject lot is not irregularly shaped, that past decisions do not affect the present request and that the submitted petitions cannot sway the decision.
Ms. Lewandowski noted that the Code is clear concerning setbacks and lot size restrictions and that although this is a buildable lot, the size the house can be is not subject to interpretation.
Attorney Gougelman gave background on Resolution 00-05 but pointed out that the court case did not deal with setback issues. He noted that the variance law is strict and speaks to not being able to build or make use of one’s property as a prima facie basis for granting a variance.
Attorney Gougelman pointed out that there are two ways to view the situation:
1 – adhere to the standards of law in the code
2 – consider the rationality of a 15’ wide home in the community
Attorney Repperger maintained that the hardship consists of the property being a corner lot that is subject to a 25’ setback that is not applicable to interior buildable 50’ lots.
The Town Manager clarified that the code requires a 1750 square foot minimum, that the height is restricted to 30’ with a two story maximum and that a 20’ X 20’ two car garage is required.
Attorney Repperger advised that a similar variance was granted in 2000.
It was clarified that the sale of the property is contingent on the granting of a variance.
The Board discussed the potential liability and the interests of the Town as opposed to a property owner’s use of his land.
Jonathan LeQuear stated that he had attempted to purchase the subject property prior to beginning construction on his home on the adjacent buildable 50’ lot, but his offer was rejected.
Ms. Lewandowski observed that this made the lot not completely worthless at some point.
Attorney Repperger again stated that the lot is non-conforming and that the owner has no control over the 25’ corner lot setback that does not apply to interior lots. He reiterated that traffic is not an issue, that a 15’ wide house is not reasonable and that the required 20’ garage is not possible without the variance. He maintained that these issues render a hardship by definition, as the building envelope is too small to meet the requirements of the Code.
Attorney Gougelman clarified that the current owner purchased the property in 1991 but that the issue is whether the lot had been in single ownership since 1953 which fact had been verified.
Ms. Lewandowski moved to reject the request for variance. Mr. Evans seconded. Motion carried unanimously.
5. ADJOURNMENT
The meeting adjourned at 6:20 PM.
____________________________
Bud Evans, Chairman
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Barbara Brownlie, Secretary