BOARD OF ADJUSTMENT MEETING
MINUTES NO. 06-04
PRESENT:
Bud Evans, Chairman
Laura Lewandowski, Vice Chairman
Brian Dullaghan, Member
Jack Kish,Member
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
ABSENT: Doug Wright, Member
This meeting was tape-recorded. Records are indexed and filed for ready reference where such have been summarized in typed minutes.
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. 06-03– April 26, 2006
Mr. Evans moved to approve Minutes No. 06-03. Ms. Lewandowski seconded. Motion carried unanimously.
3. REVIEW AND APPROVAL OF FINAL ORDERS
A. Final Order concerning an appeal from the Casuarina Club Owners Assn., Inc. regarding the February 28, 2006 site plan approval by the Indialantic Zoning & Planning Board permitting a two-story addition to the residence at 1027 Wavecrest Ave.
Attorney Gougelman corrected three scribner’s errors in the draft order.
Attorney Gougelman clarified that the order was based on the Board’s discussion following testimony at the open hearing.
Joseph Fechner, 1101 S. Miramar Ave. #310, read into the record a statement urging the Board to not grant the variances thus enforcing the code restrictions and preserving the beach environment.
Gerald Duggan, 1101 S. Miramar Ave. #410, recommended that the Town review its policy concerning the way in which the public is notified of Zoning & Planning Board agenda items and stated the Casuarina Club Owners Association did not have sufficient time to prepare a formal case to present to the Zoning & Planning Board. He requested the Board delay their decision to provide more time for the appellants to obtain a formal survey indicating the setback and breezeway violations.
Attorney Gougelman clarified that the Board does have the option of sending the case back to the Zoning and Planning Board for further review with additional evidence, but added that at some point there has to be an end to the proceedings. He indicated that the appellants have presented fairly cogent testimony that might support a different outcome and that the appellees have waived their opportunity to speak by not being present.
Attorney Gougelman indicated that sending it back to the Zoning & Planning Board would reopen the entire proceeding.
Mr. Fechner requested the opportunity to argue before the Zoning & Planning Board with new evidence and pointed out that a court case would be an unnecessary expense for both the appellants and the Town.
Attorney Gougelman clarified for Mr. Fechner the evidence missing in the association’s appeal proceeding.
Ms. Lewandowski felt that there was competent evidence to support the decision of the Zoning & Planning Board and moved to approve the final order as corrected.
Mr. Dullaghan felt that the appellees should have the opportunity to present their case with real evidence.
Mr. Kish seconded the motion.
Mr. Duggan urged the Board not to be legalistic but consider what is just and right.
Motion failed to carry with Ms. Lewandowski and Mr. Kish voting “yes.” Mr. Evans and Mr. Dullaghan voted “no.”
Mr. Dullaghan moved to send the matter back to the Zoning & Planning Board to review any possible violations of the Code.
Ms. Lewandowski reminded the Board that the Zoning and Planning Board had addressed all topics with the project engineers based on the blueprints and survey and felt it was not the Board’s role to question another Board’s decision.
Mr. Fechner pointed out that DEP had rejected a two story edition proposed in the 1980’s and that the subsequent patio had been illegally enclosed without permitting.
In further discussion, Mr. Dullaghan maintained that the courthouse should be the last resort.
Pat Paulson, Casuarina Club, requested clarification on the notification process for Zoning & Planning Board issues.
The Building Official clarified that the Zoning & Planning Board had reviewed a complete package and based their decision on that information.
Ms. Lewandowski moved to accept the final order as drafted by the Town Attorney with the noted corrections. Mr. Kish seconded. Motion carried with Mr. Evans, Ms. Lewandowski and Mr. Kish voting “yes.” Mr. Dullaghan voted “no.”
B. Final Order concerning variance requests filed by Denise Halkias regarding Lots 19 & 20, Blk 77, 320 Orlando Blvd.
Attorney Gougelman pointed out a scribner’s error in the order.
The Board agreed the order covered all the parameters they had set.
Mr. Evans moved to accept the final order as written. Mr. Kish seconded. Motion carried unanimously.
4. ADJOURNMENT
The meeting was adjourned at 6:20 PM.
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Bud Evans, Chairman
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Barbara Brownlie, Secretary