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

BOARD OF ADJUSTMENT MEETING

September 24, 1998 Town Hall 7:00 PM

MINUTES NO. 98-7

MINUTES OF A BOARD OF ADJUSTMENT MEETING HELD IN THE INDIALANTIC TOWN HALL ON SEPTEMBER 24, 1998.

Present:

William Harris, Chairman
Brian Dullaghan, Member
Robin Petersen, Member
Joel Rosenblatt, Member
Paul Gougelman, Acting Town Attorney
Brian Barber, Building Official
Barbara Brownlie, Secretary

Absent:

Ray Disher, Member

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. 98-6 - September 3, 1998

Mr. Petersen moved to approve Minutes No. 98-6. Mr. Dullaghan seconded. Motion carried unanimously.

3. VARIANCE REQUESTS

The order of the agenda was revised as follows:

B. A variance request filed by the Eastminster Presbyterian Church, Inc. regarding Lots 1 through 28, Block 2, 106 North Riverside Drive, Indialantic. A variance is being requested to Code Section 17-128(2) - CH church districts. The code requires that except for usage, requirements will be the same in the Church district as for the R-P Zone and that the maximum height of any building other than an accessory use shall be thirty (30) feet and the building shall not exceed two (2) stories.(Code Section 17-125(2)(a). The requested variance is for an additional structure with a height of thirty nine (39) feet.

Bill Vernon, 510 Watson Dr., presented background information on the church's Facility 21 expansion program. He explained that the new building is designed to match the residential character of Indialantic.

Herb Sands, 409 Wayne Ave., the architect, gave an overview of the entire project and illustrated how the church campus would be vastly improved. He proposed that a hardship exists in trying to fit a Church property into RP zoning restrictions and pointed out that the Church abuts a commercial district where the height is 35 feet.

Mr. Sands explained that the height at the eave line is 30 feet and that on a flat roof other structures can extend beyond that limit. He also pointed out that the building will be next to a 50 foot structure and is designed to flow with the existing architecture.

Mr. Sands distributed drawings illustrating the proposed building and a structure which falls within the height limits for comparison. He added that the community expects height in a church structure.

It was the consensus of the Board that granting the variance was not within the scope of their authority.

Mr. Rosenblatt moved to reject the petition based on the fact that the height is beyond the limitation allowed in the Code and that there is no unique hardship shown. Mr. Petersen seconded. Motion carried with Mr. Harris, Mr. Petersen and Mr. Rosenblatt voting "yes." Mr. Dullaghan voted "no."

Dr. Roy McCormick, pastor of Eastminster Presbyterian Church, thanked the Board for their time and maintained that the Church's goal is trying to make the community a better place.

A. A variance request filed by Henri Prefontaine regarding Lots 24 through 34, Block 39, the intersection of A1A and Eleventh Ave. A variance is being requested to Code Section 6-30(b) - Indialantic Coastal Construction Code of 1987. The code requires a variance before any permit may be issued to allow a major structure to be constructed seaward of the coastal construction control line. The requested variance is to build a 12 unit residential condo partially east of the coastal construction control line.

Richard Kern, project engineer, explained that since the project is west of an existing road - Wavecrest Ave. - it would not jeopardize the beach-dune system, accelerate erosion or endanger any properties.

The Building Official explained that requesting the variance is normal procedure before approval is granted from the State and that a building permit is not issued until a certificate is received from DNR..

Mr. Petersen moved to approve the request as it is consistent with the procedure as outlined in the Comprehensive Plan. Mr. Harris seconded. Motion carried unanimously.

4. ADJOURNMENT

The meeting was adjourned at 8:00 PM.

______________________________

William Harris, Chairman

______________________________

Barbara Brownlie, Secretary