BOARD OF ADJUSTMENT MEETING
MINUTES NO. 06-01
PRESENT: Bud Evans, Chairman
Brian Dullaghan, Member
Mike Melhado, Member
Jack Kish,1st Alternate
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Barbara Brownlie, Secretary
ABSENT: Laura Lewandowski, Vice Chairman
Doug Wright, Member
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. 05-04– August 10, 2005
Mr. Dullaghan moved to approve Minutes No. 05-04. Mr. Melhado seconded. Motion carried unanimously.
3. VARIANCE REQUESTS
A. Variance requests filed by Robert & Kathy Spratt, regarding Lot 1 and the north ˝ of Lot 2, Blk 41, 1001 S Miramar Ave. Variances are being requested to Code Section 17-127(3) – the minimum area of any lot shall be 10,000 square feet and to Code Section 17-127(4) – the minimum dimensions of any lot shall be 90 feet in depth and 100 feet in width. The effect of the variances, if granted, would be to allow construction on a 75 by 100 foot lot.
Kathy Spratt, 1001 S Miramar Ave., explained that the house presently on the site has incurred cumulative hurricane damage and that the required renovations would affect over 50% of the building. She said it became apparent that the current building is not up to code and that it would be best to tear that down and rebuild to code except for the variance to build on a 75’ X 100’ lot.
Ms. Spratt clarified that the intent is to build a multi family dwelling so that the family can live in the same location.
Attorney Gougelman clarified that the condo would fit within the permitted use category.
Ms. Spratt also clarified that the building would be built on site.
Ms. Spratt clarified that these were the only variances they were seeking and that the proposed dwelling would meet all other code requirements.
Attorney Gougelman cited historical precedence in granting variances to undersized lots that had existed as such before the current code was enacted.
The following members of the public spoke:
Steve Ritchie, 1011 S Miramar Ave., Unit 6
Scott Smith, 321 7th Ave.
Shannon Watson, 313 7th Ave.
Karen King, 4400 Hillcrest Dr, Hollywood, Fl, sister of the applicant, emphasized that the condo would be a family property and not a development for speculative investment purposes.
Attorney Gougelman verified that the variance runs with the land.
Mr. Melhado moved to approve a variance to Code Sec. 17-127(3) allowing building on a lot area of 7500 sq feet and to Code Sec. 17-127(4) allowing a 75-foot frontage along Miramar Ave. provided all other code restrictions are met. Mr. Dullaghan seconded.
Mr. Evans sought to add some restrictions on the building.
Mr. Melhado did not modify the motion.
Motion to grant the variances passed with Mr. Dullaghan, Mr. Kish and Mr. Melhado voting “yes.” Mr. Evans voted “no.”
B. A variance request filed by Djon Pepaj regarding Lots 1-3 and 22-24, Blk 21, 249 5th Ave. A variance is being requested to Code Section 17-106.2 (c) – any sign that has any intentional motion or rotation of any part of the structure or of the sign, or the display of intermittent, rotating, flowing or flashing lights is prohibited. The effect of the variance, if granted, would be to allow an electronic marquee sign with a stationary message.
Djon Pepaj, 1000 N Riverside Dr., requested that a line be added to the code allowing stationary signs where the message could be changed electronically. He clarified that it would not be a moving or flashing sign but would incorporate new technology.
Mr. Pepaj stated that it would be a marquee sign similar to the one in front of Town Hall but with the capability of changing the message electronically for convenience.
Mr. Pepaj entered into the record a picture of a marquee sign along Fifth Ave. that still displayed a holiday message.
The Board requested a picture of the proposed sign.
Mr. Pepaj had no rendering available but stated that it was a rectangular sign meeting all code requirements and said that it would be placed under the City Tropics Bistro sign.
Attorney Gougelman clarified that Mr. Pepaj was not seeking a variance to increase the amount of signage nor to install a flashing or rotating sign, but for an automated sign changer to be able to change the sign once every 12 hours.
Mr. Melhado received clarification that a sign had been put up and removed at the request of the Building Official who felt that the sign did not meet the code.
Mr. Pepaj agreed to the use of specified colors for the lettering.
The following members of the public addressed the issue:
John Hadjilogiou, Re/Max Realty, 445 Fifth Ave.
Scott Smith
Shannon Watson
Toba Smith, 321 7th Ave.
Alexis Pepaj, 1000 N Riverside Dr.
Mike Smith, 305 7th Ave.
Mr. Pepaj noted a clock and temperature and time sign on Fifth Ave. that have moving parts. He pointed out that the code allows marquee signs and that the proposed sign merely uses new technology.
Attorney Gougelman gave historical background on a previous similar situation. He cautioned that a standard needs to be applied and noted that Mr. Pepaj’s application does include a standard.
The Building Official clarified that this is a replacement sign that meets all the size requirements. Mr. Stokes noted that only the reader board is being questioned.
The Board requested that Mr. Pepaj present some rendering of the sign before they could make a decision.
Mr. Melhado questioned whether this was a valid variance request or if it should be presented to Council for clarification of the conflicting provisions in the Code taking into account new technology.
Mr. Stokes clarified that he felt the capability of moving violated the Code.
Mr. Kish moved that the decision be postponed until it can be established as to what the guidelines should be and until the applicant presents a rendering of what he wants permitted. Mr. Evans seconded. Motion carried unanimously.
4. ELECTION OF OFFICERS
A. Chairman
B. Vice Chairman
Mr Dullaghan moved that the current Chairman and Vice Chairman be retained. Mr. Kish seconded. Motion carried unanimously.
5. ADJOURNMENT
The meeting adjourned at 7:00 PM.
____________________________
Bud Evans, Chairman
______________________________
Barbara Brownlie, Secretary