TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903

BOARD OF ADJUSTMENT MEETING

June 2, 1998 Fire Department 7:00 PM

MINUTES NO. 98-5

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC FIRE DEPARTMENT ON JUNE 2, 1998.

Present:

William Harris, Chairman
Robin Petersen, Member
Rick Stow, Member
Joel Rosenblatt, Alternate
Joe Colombo, Attorney
Brian Barber, Building Official
Barbara Brownlie, Secretary

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

1. CALL TO ORDER

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

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 98-4 - April 28, 1998

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

3. VARIANCE REQUEST

A variance request filed by Effie Piscopo regarding Lots 1 and 2, Block 52, 705 N. Ramona Avenue, Indialantic. A variance is being requested to Code Section 17-121 (7)(b) - Sideyards. The code requires that where the side yard of a corner lot abuts one of two intersecting streets, side yards shall be not less than twenty five (25) feet in depth on the side abutting the street The requested variance is to seek relief from the specified setback.

Ms. Piscopo explained that she is attempting to improve her property by adding a single car garage adjoining the existing single car garage. She noted that all properties in the vicinity have two car garages and this addition would not only provide protection for a second vehicle but also give her more storage space, increase the value of the property and bring it into compliance with code.

Building Official Brian Barber confirmed that the code requires all newly constructed single family residences to have a two car garage. He explained that this home, built in 1956, is grandfathered in. He further noted that the home is situated diagonally on the lot and that only a triangular corner of the new structure would encroach on the setback.
The secretary noted that no protests had been received.

Chairman Harris explained that the Board has to determine that a "unique" hardship not caused by the property owner himself does in fact exist in order to grant the variance. He verified that the home was purchased after the code was adopted.

Mr. Stow observed that the "uniqueness" is the way the house is situated on the lot, but Mr. Rosenblatt, citing case law, argued that the land has to be unique, not the structure.

Attorney Colombo pointed out that the code applies "unusual and practical difficulties or unnecessary hardships" to structures as well as land.

Ms. Piscopo explained that she had worked with the Building Official to place the garage on the property and this seemed the only practical solution.

In answer to suggestions from the Board, Mr. Richard Fleckner, appearing with Ms. Piscopo, explained that it would be cost prohibitive to situate the garage in the opposite direction because the existing wall is load-bearing and that shortening the addition would break up the roof line and not conform to the shape and structure of the home.

Mr. Rosenblatt moved that the variance proposed by Ms. Piscopo be rejected because there was no evidence of a unique hardship. Mr. Petersen seconded. Motion carried with Mr. Harris, Mr. Petersen and Mr. Rosenblatt voting "yes." Mr. Stow voted "no."

Chairman Harris advised Ms. Piscopo of her 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 8:00 PM.

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William Harris, Chairman

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Barbara Brownlie, Secretary