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

BOARD OF ADJUSTMENT MEETING

September 3, 1998 Town Hall 7:00 PM

MINUTES NO. 98-6

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON SEPTEMBER 3, 1998.

Present:

William Harris, Chairman
Ray Disher, Member
Brian Dullaghan, Member
Robin Petersen, Member
Joel Rosenblatt, Member
Joe Colombo, Acting Town Attorney
Brian Barber, Building Official
Barbara Brownlie, Secretary

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. 98-5 - June 2, 1998

Mr. Rosenblatt moved to strike the second paragraph on Page 2 of the minutes from "The members of the Board..........non-binding in case law". Motion carried unanimously.

Mr. Dullaghan moved to approve the minutes as amended. Mr. Petersen seconded. Motion carried unanimously.

3. CODE INTERPRETATION

A. Skateboard Ramps in Residential Districts

Chairman Harris pointed out Attorney Gougelman's opinion as to the legality of permitting skateboard ramps to be constructed in the residential districts.

Theresa Ernst, 610 So. Shannon Ave., urged the Board to maintain a quiet residential area and prohibit the skateboard ramp.

Randy Browne, 111 Tradewinds Ter., site of the proposed skateboard ramp, stated that he had spoken with the building official and they found no code specifically prohibiting skateboard ramps. He explained the construction and alleged that the noise would be minimized with the proper insulation. He also said that he had erected a skateboard ramp at his previous residence in Palm Bay, that there were some "noise" complaints from his neighbors and that the ramp was dismantled in response to a letter from the city prohibiting such structures in the front yard.

Attorney Columbo pointed out that Code Sec. 17-4(1) prohibits as an accessory use a subordinate building which causes a nuisance to the normal senses among which is listed noise.

The Board discussed the noise generated from a previous skateboard ramp which had been constructed at a residence on Tampa Ave. That ramp was removed as it had been built without a permit. It was the consensus that such noise does not belong in a residential area.

Joe Appel, an acquaintance of Mr. Browne, maintained that the noise would be no different from other backyard noises as generated by a swimming pool, basketball pole or children at play.

Alan Coburn, 109 Tradewinds Ter., pointed out that in the Tradewinds Terrace deed restrictions it is stated that no "nuisance" or unreasonable source of annoyance is permitted and he maintained that noise from the skateboard ramp would violate this provision.

Phyllis Gustafson, 700 S. Shannon Ave., objected that the height and noise of the skateboard ramp would be destructive to privacy.

Randy Browne, owner of the property at 111 Tradewinds Ter., pointed out that the noise generated would be less than that of lawn mowers or other power tools.

Mr. Michelson, Tradewinds Ter., encouraged the younger Mr. Browne not to feel alienated. He felt that, in a similar situation, if all his neighbors objected to something he planned on doing, he wouldn't do it.

Alan Coburn pointed out the detrimental effect living next door to a skateboard ramp would have on property values.

Mr. Petersen moved that the Board determine that under Code Sec. 17-4(1) a skateboard ramp is not an acceptable accessory use in the residential districts based on the fact that it creates a nuisance by the noise generated and is not a use customarily incidental to a use permitted in the R-1-A zone. Mr. Disher seconded. Motion carried unanimoulsy.

Attorney Colombo and the Board commended Mr. Browne on an excellent and professional presentation of his case.

Chairman Harris clarified with the Town Attorney that there was no appeal process to a code interpretation.

4. ADJOURNMENT

The meeting was adjourned at 7:50 PM.

______________________________
William Harris, Chairman

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Barbara Brownlie, Secretary