TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
BOARD OF ADJUSTMENT MEETING
January 27, 1998 Town Hall 7:00 PM

MINUTES NO. 98-1

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 27, 1998.

Present:

William Harris, Chairman
Robin Petersen, Member
Rick Stow, Member
Ray Disher, Alternate
Joel Rosenblatt, Alternate
Joe Columbo, Acting Town Attorney
Brian Barber, Building Official
Laura Eaton. Deputy Town Clerk
Barbara Brownlie, Secretary

Absent:

William Schetrom, Member (excused)
Brian Dullaghan, Member (excused)

1. CALL TO ORDER AT 7:00 PM

Chairman Harris called the meeting to order at 7:00 PM.

Town Attorney Gougelman introduced Attorney Joe Columbo who would be sitting in for him due to a prior commitment.

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 97-4 - April 29, 1997

Mr. Petersen moved to approve Minutes No. 97-4. Mr. Disher seconded. Motion carried unanimously.

3. VARIANCE REQUEST

A variance request filed by Thomas Smith, 1659 PGA Blvd., Melbourne, regarding Lot 19, Block 5, Third Avenue, Indialantic. A variance is being requested to Code Section 17-122(4) - Lot area - and 17-122(5)(b) - Lot dimensions. The code requires that in the R-1- B zone the minimum area of any lot be ten thousand (10,000) square feet and the minimum dimensions of any lot be: width at the building line - 100 feet. The requested variance is to build on a lot which is 50' x 100'.

Attorney Ralph Geilich represented Robert Suplee, owner of the property. He explained that there is a contract for sale pending the approval of the variance request. He argued that the variance should be granted because the 50' lot had been platted before the zoning code was adopted and that denying the variance would render the property useless. He maintained that his client had attempted to buy from or sell to the abutting lot owners and that they had expressed no interest.

The Town Attorney clarified that the zoning code was adopted in the 1950's.

It was pointed out by the Board that the lot had been purchased with the restrictions in place. They also stressed that a variance can be granted only based on a unique hardship - one not caused by the property owner and one not shared by other property owners. Approval can not be based on economic hardship.

Attorney Columbo stated that not granting the variance could be construed as a "taking by the state" and cited case law on this opinion.

Gerald Gonsalves, 431 Third Ave., (across the street from the subject property) stated that he has no objection as long as the proper setbacks are maintained.

Dr. Nancy Bottge, 401 Second Ave., maintained that she bought her home in Indialantic because of the strict zoning requiring homes on larger lots. She feared granting the variance would set a precedent and have a domino effect throughout the Town.

Dr. Drema Moody, 415 Second Ave., (who's backyard abuts the subject property) was vehemently opposed to granting the variance. She felt it was ludicrous to say that the property would be rendered worthless and supported managed growth.

The board discussed that setting a precedent is critical and it is up to the Town Council to change any building lot size requirements.

Mr. Petersen moved to deny the two variance requests based on the fact that no unique hardship had been determined. Mr. Rosenblatt seconded. Motion carried unanimously.

Chairman Harris advised Mr. Geilich of his right to appeal to the Town Council by filing written notice with the Town Clerk within 10 days.

4. ELECTION OF CHAIRMAN AND VICE CHAIRMAN

Mr. Disher nominated Mr. Harris as Chairman. Mr. Harris was re-elected unanimously.

Mr. Harris nominated Mr. Petersen as Vice Chairman. Mr. Petersen was re-elected unanimously.

5. ADJOURNMENT

The meeting adjourned at 7:55 PM.

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William Harris, Chairman

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Barbara Brownlie, Secretary