BOARD OF ADJUSTMENT MEETING
MINUTES NO. 06-05
PRESENT: Bud Evans, Chairman
Laura Lewandowski, Vice Chairman
Brian Dullaghan, Member
Doug Wright, Member
Paul Gougelman, Town Attorney
Cliff Stokes, Building Official
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
ABSENT: Jack Kish,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. 06-04– May 3, 2006
Mr. Dullaghan moved to approve Minutes No. 06-04. Ms. Lewandowski seconded. Motion carried unanimously.
3. VARIANCE REQUEST
A. A variance request filed by Michael Montgomery regarding Lots 13,14,15 and 16, Blk 37, 2 Fifth Ave. A variance is being requested to Code Section 17-132(11) – at any part of a ground floor café not blocked by a building, there shall be maintained or constructed a fence, not less than 3 feet high surrounding the outdoor café area subject to certain provisions. The effect of the variance, if granted, would be to allow an outdoor café without fencing abutting a private parking lot.
William Sims, 3930 N Riverside Dr., represented Fifth Avenue Partners, LLC. Mr. Sims maintained that installing fencing would present more danger than not blocking egress in any emergency situation.
Ms. Lewandowski stated that traffic is a concern and the fence would provide a separation between pedestrians and cars. However, she pointed out that the outdoor café would abut a private parking lot and not a street.
Mr. Wright said the Board should consider that both the café and parking area are private property owned by the same entity.
The Building Official advised that the path of egress from the building cannot be reduced and that placing separate pieces of fencing along the back would not be conducive to safety.
Attorney Gougelman gave background on the Code stating that the original intent was to keep people and tables from encroaching into the public rights of way. He pointed out the distinguishable circumstance in this case where any encroachment would be onto the owner’s own property.
Attorney Gougelman also pointed out that a fence would not necessarily furnish safety from traffic.
The Board discussed spaced concrete posts as a barrier for traffic.
Mr. Sims indicated that the configuration of the parking lot controls the speed of traffic and expressed concern that any barriers would prove a “trip hazard” and present a legal liability.
Ms. Lewandowski moved to approve the variance based on the submitted plans identified as tr debose architectural design showing sidewalk and parking barrier modifications prepared for Fifth Avenue Partners LLC, 2 Fifth Avenue, Indialantic, Fl and provided that the outdoor café is not expanded from the present planned location between the east end of the building and the west end of the parking area and does not front on a public sidewalk or right of way. Mr. Wright seconded. Motion carried unanimously.
4. ADJOURNMENT
The meeting was adjourned at 6:05 PM.
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Bud Evans, Chairman
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Barbara Brownlie, Secretary