TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
BOARD OF ADJUSTMENT MEETING
April 29, 1997 Town Hall 7:00 PM
MINUTES NO. 97-4
MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 29,
1997.
PRESENT:
William Harris, Chairman
Robert Rondinone, Vice Chairman
William Schetrom, Member
Brian Dullaghan, Member
Robin Petersen, Member
Ray Disher, Alternate
Paul Gougelman, Town Attorney
Brian Barber, Building Official
Laura Eaton, Deputy Town Clerk
Barbara Brownlie, Secretary
ABSENT: Rick Stow, Alternate
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 7:00 PM
Chairman Harris called the meeting to order at 7:00 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 97-3 - April 7, 1997
Mr. Schetrom moved to approve the minutes. Mr. Dullaghan seconded. Motion carried
unanimously.
3. VARIANCE REQUEST
A variance request filed by Tom Downs for SPS, 122 Fourth Avenue, Lots 20-24, Block 25,
Indialantic. A variance is being requested to Code Section 17-125(12) - Buffer strip. When
property abuts property in the R-1-A, R-1-B, R-2 or R-3 District, a solid wall six (6)
feet high and at least six (6) inches thick, constructed of brick, block, mortar, or
similar building materials, and sufficient to obstruct the view of abutting residential
property, shall be provided.
Mr. Downs advised that he requesting a variance to erect a wooden fence in place of a
concrete wall as specified in the code. He agreed with the intent of the code to provide a
buffer between residential and commercial properties, but maintained constructing a
concrete wall would present a hardship in that it would permanently reduce the size of his
property, require the removal of trees, shrubs and utility poles and present an expense to
abutting property owners whose existing fences encroach on his lots and would have to be
removed. He advised that the wall shown on his original site plan could not be built
because (according to his engineer) a 110 mph wall requires a 3 foot footer which would
need to be placed on the utility easement. He proposed a wooden fence with concrete posts
and adequate landscaping which could more readily be maintained than a concrete wall. Mr.
Downs included with his application a letter signed by the abutting property owners
supporting his proposal.
The Board received clarification from the Town Attorney on the impact of an agreement
between the abutting property owners and Mr. Downs. He advised that it is not a
"public vote" matter and any logical reasoning from the effected neighbors would
still have to meet the requirements for granting a variance as specified in the code.
The Board pointed out that the hardships presented were not unique to Mr. Downs'
situation and the original site plan indicates a block wall jagging around existing large
trees and utility poles.
Meredith Meckley, whose son is the owner of the property at 131 A & B Third Ave.,
pointed out that there is a survey discrepancy and stated resolving it could create
considerable expense. She favored one fence maintained by Mr. Downs along the present
fence line which would result in no loss of shrubbery.
James Huvar, 121 A Third Ave., noted his property is now secluded from the SPS building
by large trees and shrubs disguising the existing fence. A concrete wall would necessitate
removing the present vegetation which would destroy his backyard, infringe on his privacy
and lower his property value.
Louis Postma, 112 Fourth Ave., believed the situation should be resolved by Mr. Downs
and the abutting property owners.
Pat Hartman, 346 Third Ave., presented the Board with photographs of the subject site.
She noted that the footer should be construed as a structure and should be entirely on Mr.
Downs' property. Ms. Hartman urged the Board to look beyond this particular situation and
realize the impact on future sites if the variance is granted.
Mr. Downs agreed that the intent of the code requirement is to create a buffer but
suggested some flexibility be allowed. He maintained a block wall would be permanent and
unsightly, and a wooden fence supported by concrete posts and augmented with trees and
shrubs is a workable alternative.
The Board reviewed the hardships enumerated on Mr. Downs' variance application
individually. All except the damage to the existing natural vegetation were found not to
be unique to this particular case.
Mr. Downs emphasized the permanent loss of the use of his property if forced to erect a
wall according to the original site plan.
Ms. Meckley expressed concern that a wall jagging around poles and trees would be
unsightly and a hardship to the neighbors. The wooden fence would have less impact on the
property owners who have already been imposed upon by the size of the building
constructed.
Dr. Baiker, owner of the property at 240 Fourth Ave., stated that the variance is to
attain relief from a code which doesn't make sense.
Mr. Huvar said a concrete fence with a three foot footer would require a trench which
would kill his vegetation.
The Board received clarification from the Building Official on the three foot footer requirement. He explained an 18 inch footer would be sufficient and would not disturb the existing vegetation if constructed as shown on the original site plan.
The Town Attorney advised the Board on setting a precedent. He also stated that the
Board can stipulate a wooden fence provided the standards for granting a variance are met.
Chairman Harris explained that the responsibility of the Board is narrow. The Board
interprets the code and grants variances in unique circumstances. They do not make policy.
The code is to create a buffer and maintain continuity throughout the Town.
Mr. Petersen moved to deny the variance as requested. Mr. Dullaghan seconded. Motion
carried with Mr. Harris, Mr. Petersen, Mr. Schetrom and Mr. Dullaghan voting
"yes". Mr. Rondinone voted "no".
The Chairman advised of the right to appeal within ten days to the Town Council.
4. ADJOURNMENT
The meeting adjourned at 8:20 PM.
_________________________________
Bill Harris
Chairman
____________________________
Barbara Brownlie
Secretary