March 19, 1998 Town Hall 7:00 PM

Present:

William Harris, Chairman
Robin Petersen, Vice Chairman
William Schetrom, Member
Rick Stow, Member
Joel Rosenblatt, Alternate
Brian Barber, Building Official
Barbara Brownlie, Secretary

Absent:

Ray Disher, Alternate (excused)
Brian Dullaghan, Member (excused)

1. CALL TO ORDER AT 7:00 PM

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

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 98-2 - February 4, 1998

Mr. Petersen moved to approve the minutes. Mr. Stow seconded. Motion carried unanimously.

3. VARIANCE REQUEST

A variance request filed by Chris Stathoukos regarding Lot 22, Block 60, 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'.

Real estate broker Peter Surgis presented the case for the petitioner. He explained that Mr. Stathoukos purchased the property 10 years ago and was not aware that the lot was unbuildable. There are existing structures on either side of the lot so he can not acquire more property. The owner has been paying taxes for the past 10 years and would now like to build a small house on the lot suitable for a single person.

Lillian Ramey, 230 Third Avenue, is the owner of the home just east of the subject property and spoke against granting the variance.

Chairman Harris pointed out that the property was purchased after the zoning code was enacted.

Mr. Rosenblatt advised that a code change is not enough to negate a buyer's right to obtain a permit if the property was eligible for a permit before the code was enacted. But he pointed out that the petitioner had not brought sufficient evidence to prove that the lot existed in the same state today as it did before the zoning changes.

Attorney Gougelman explained that there is case law to support both sides of this issue.

Mr. Rosenblatt moved to reject the petition on the grounds that there is not sufficient evidence of a unique hardship not brought on by the buyer himself. Mr. Petersen seconded. Motion carried unanimously.

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

4. ADJOURNMENT

The meeting adjourned at 7:35 PM.

 

_______________________________
William Harris, Chairman

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Barbara Brownlie, Secretary