BOARD OF ADJUSTMENT MEETING
MINUTES NO. 05-04
PRESENT:
Bud Evans, Chairman
Laura Lewandowski, Vice Chairman
Brian Dullaghan, Member
Doug Wright, Member
Mike Melhado, Member
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Barbara Brownlie, Secretary
ABSENT: Jack Kish,1st 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. 05-03– July 18, 2005
Mr. Dullaghan moved to approve Minutes No. 05-03. Ms. Lewandowski seconded. Motion carried unanimously.
3. VARIANCE REQUESTS
A. A variance request filed by Clayton A Bennett, Fleis and Bennett Engineering, regarding Lots 9, 10 and 11, Blk 99, 1325 & 1333 S Miramar Ave. A variance is being requested 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 construction of two three story, nine unit condo buildings.
Clayton Bennett, Fleis & Bennett Engineering, Indian Harbour Beach, representing the developer, explained the project calls for the demolition of the existing six on site motel units erected in 1951 and will provide a structure situated landward of the present buildings and meeting all current codes.
Mr. Bennett advised that the Zoning & Planning Board had approved the site plan with one condition being to obtain this variance.
Mr. Bennett provided information supporting the premises that the project would not jeopardize the stability of the beach dune system, would not accelerate erosion and would not endanger adjacent, landward or the subject properties.
He also presented an engineering analysis by Coastal Tech indicating the project would be approximately six feet landward of the line of continuous construction prescribed by DEP regulations.
In response to a question from the Board, Mr. Bennett explained how the line of continuous construction was determined and clarified that they were seeking a variance to the most seaward point of the proposed structures or approximately 240 feet.
Frank Meyer, 1318 S Miramar Ave., received clarification that the building would meet all zoning requirements.
Addressing further questions from Mr. Meyers, Attorney Gougelman gave background on the state’s imposition of the Coastal Construction Control Line to provide a safety zone for beach construction and the provisions for exceptions. He also explained how the Comprehensive Plan controls development throughout the Town.
Mr. Melhado moved to approve construction of the project in accordance with page C-2 of the submitted site plan for the Miramar Condo, Town of Indialantic, Florida, Project No. 04.630 dated 10/13/04 and revised 06/21/05, and to permit a variance of 240 feet seaward of the 1985 Coastal Construction Control Line with the exception of a four foot wide handicap accessible dune crossover. Ms. Lewandowski seconded. Motion carried unanimously.
B. A variance request filed by Andre Levasseur regarding Lot 7, Blk B, 500 S Palm Ave. A variance is being requested to Code Section 17-105(4) – the inside edges of the swimming pool (the waterline) shall be setback at least ten (10) feet from the lot lines for interior lots and at least fifteen (15) from the lot line on a corner lot whose side yard abuts a street. The effect of the variance, if granted, would be to allow a swimming pool five (5) feet from the lot line.
Andre Levasseur, 500 S Palm Ave., stated that he was seeking a variance on the basis of a practical difficulty. He advised that his home was 45 years old and situated on the property leaving an exceptionally irregular, narrow and shallow lot.
Ms. Lewandowski questioned whether the patio area could be utilized for the pool and Mr. Levasseur explained that it is now covered and a part of the house and that taking it down might compromise the structural integrity of the house.
The Board questioned whether there is a utility easement along the rear of the property and whether any underground cables might exist.
Mr. Levasseur commented that his neighbors had no concerns.
Attorney Gougelman advised that the situation legally meets the criteria for a practical difficulty but that the factual standards are up to the Board.
Ms. Lewandowski said that this would be a variance for recreational usage and should not be interpreted as a hardship and she did not consider not having a swimming pool a practical difficulty.
Ms. Lewandowski also pointed out that the applicant does have alternatives and was concerned that the question of underground utilities had not been addressed.
Mr. Levasseur stated that he had explored the options of placing the pool in the side yard and found it unusable for this purpose.
Mr. Evans pointed out that the five foot variance would appear to have no impact on the neighboring properties.
Ms. Lewandowski moved to reject the variance request. Mr. Melhado seconded.
Dave Berkman, 225 8th Ave., maintained that the property is not a normal configuration and meets the criteria for practical difficulty, as a pool is common practice in Florida.
Ms. Lewandowski commented that her motion was out of order and does not stand.
Mr. Evans moved to approve the five foot variance request. Mr. Wright seconded. Motion did not pass with Mr. Evans and Mr. Wright voting “yes.” Mr. Dullaghan, Ms. Lewandowski and Mr. Melhado voted “no.”
Mr. Dullaghan advised that his rejection was based on the question of a rear utility easement.
The Board agreed to table final action pending resolution of the utility easement concern.
4. ADJOURNMENT
The meeting adjourned at 6:30 PM.
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Bud Evans, Chairman
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Barbara Brownlie, Secretary