TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
June 19, 2001 Town Hall
MINUTES NO. 01-10
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JUNE 19, 2001.
PRESENT: Hon. Robert Cochran, Jr., Mayor
Hon. Michael Fischer, Deputy Mayor
Hon. Vince Benevente, Councilman
Hon. Bruce Bogert, Councilman
Hon. Victor Kostro, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Laura Eaton, Town Clerk
This meeting was tape recorded. Records are indexed and filed for ready reference where such have been summarized in typed minutes.
I. CALL TO ORDER AT 7:00 PM
Mayor Cochran called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC
George Gergora, 316 Deland Ave., read into the record a letter opposing restroom facilities in Orlando Park and requested that this item be placed on a future agenda for open discussion.
IV. PUBLIC ANNOUNCEMENTS
A. There will be an opening on the Budget and Finance Committee and the Board of Adjustment in July
B. There is an opening on the Code Enforcement Board
C. Town Hall will be closed Wednesday, July 4, 2001
V.APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT – filed by Dr. Fred Boozer. Dr. Boozer is appealing the May 15, 2001 decision of the Board of Adjustment to deny a variance for Lot 9, Block 68. A variance was denied to code section 17-82(1) and (3) – lots of record in residence districts. The code states that no dwelling shall be erected on a lot that does not meet the minimum dimension requirements and that no dwelling shall be erected on a lot which does not abut at least one public street for a distance of at least 100 feet. The lot in question is seventy-five feet wide at the building line.
Town Manager Chinault provided background on the request, explaining that on April 12, 2001, Dr. Boozer had been granted a variance by the Board of Adjustment to Code Section 17-121 (5) (b) to build on a lot which is 75’ wide. On May 21, 2001, Dr. Prescott Ward appealed that decision to the Town Council which upheld the variance request.
Mr. Chinault stated that, at the recommendation of staff, Dr. Boozer then followed up with an additional variance request to Code Sections 17-82 (1) and (3) addressing lot dimensions and requiring the lot to front on a public street for at least 100 feet. On May 15, 2001, the Board of Adjustment denied that variance, which Dr. Boozer is now appealing.
Mr. Chinault advised that staff believes that the two requests are essentially the same and recommends that the Council overturn the decision of the Board of Adjustment and grant the variance.
Attorney Gougelman advised that this proceeding is “de novo” and all exhibits need to be entered into the record. He added that even though the procedure is starting new, Town Code requires that great weight be given to the Board of Adjustment’s decision.
Mayor Cochran disclosed that he had spoken to Dr. Boozer and Mr. Teimouri concerning the property and the variance.
Deputy Mayor Fischer disclosed that he had a conversation with Mr. Teimouri concerning the submittal of the variance request.
Dr. Fred Boozer, 1010 S. Magnolia Dr., noted that that at their last meeting the Council voted unanimously to uphold the variance to allow the applicants to build on a 75’ wide lot. He stated that the precedent has been set to build on a 75’ wide lot, that the lot meets the 10,000 square foot requirement and that the lot has street access. He requested that the Council approve the appeal and allow he and his wife to build a home on this property.
Attorney Mike Minot, Cocoa, appeared representing several individuals neighboring on the subject property including Dr. Prescott Ward, Mr. Jim Wharton and Carol and Bill DeLuccia. He advised that these individuals were opposed to the request and sought permission to address several questions to Dr. Boozer.
In response to questions from Attorney Minot, Dr. Boozer clarified that that lots 10 and 11 were purchased in 1978 and that lot 9 was purchased separately in 1984 and that the three lots have a total frontage of 225 feet. He noted that all three lots were platted separately in the 1920’s and that lot 9 should be considered separately.
Dr. Boozer agreed that he used lot 9 as part of the yard of his main residence on the adjoining lots, that he was not aware of any code violations concerning his property and that his request was purely voluntary.
Attorney Minot pointed out that according to Indialantic Code Section 17-141(1) the reason for granting a variance cannot be caused by the applicant himself and that the Code not deprive the owner of any reasonable use of the land. He stated that Dr. Boozer had created a 225’ single tract of property which he now voluntarily wishes to subdivide to create a non-conforming lot.
Attorney Minot continued that Section 17-141(2) indicates that a variance needs to be made necessary by the unique character of the property and that this situation is typical of that particular block. He gave background on the Nance case which set parameters for granting variances and argued that this case is essentially the same.
Attorney Minot further stated that the Suplee court decision was different because that 50’ lot was never under common ownership with the abutting property and that this is not the case in Dr. Boozer’s request. He requested that the variance be denied as the Board of Adjustment had done.
Attorney Minot presented the following exhibits to be made part of the record:
A. Code Section 17-82
B. Article VIII – Indialantic Code concerning variances
C. May 15, 2001 minutes of the Board of Adjustment
D. Petition signed by owners of 47 neighboring properties requesting denial
E. Case of Town of Indialantic vs. Nance
F. Resolution 00-05 re: Suplee
G. Variance application filed by Dr. Boozer
Mayor Cochran entered the following exhibit:
H. Site plan presented at the April 12, 2001 Board of Adjustment meeting
Mayor Cochran clarified that the first variance request had been approved by the Board of Adjustment.
George Gergora, alternate on the Board of Adjustment, disclosed that he was present at both Board of Adjustment meetings and that he had supported the first variance request because he was under the impression that the property was purchased before the current codes were instituted and thus grandfathered in. Mr. Gergora maintained that the Board voted against the request the second time, because the owner had created the hardship himself.
Dr. Boozer clarified that lot 9 is fenced individually and was purchased from the previous adjoining property owner.
Deputy Mayor Fischer moved to overturn the Board of Adjustment’s denial of the variance for Lot 9, Block 68 on May 15, 2001. Mayor Cochran seconded.
Dr. Boozer clarified that he had built his present home in 1980, prior to purchasing lot 9 and that he did receive two separate tax bills.
The motion to overturn the decision of the Board of Adjustment failed with Mayor Cochran and Deputy Mayor Fischer voting “aye.” Councilman Benevente, Councilman Bogert and Councilman Kostro voted “no.”
Councilman Benevente moved to deny the appeal. Councilman Kostro seconded.
Deputy Mayor Fischer stated that it appears that Dr. Boozer purchased lot 9 with the intent of keeping it separate from the other two properties.
The motion to deny the appeal failed with the following roll call vote:
Councilman Bogert – “no”
Councilman Kostro – “yes”
Councilman Benevente – “yes”
Deputy Mayor Fischer – “no”
Mayor Cochran – “no”
Deputy Mayor Fischer moved to approve the appeal. Mayor Cochran seconded. Motion carried with the following roll call vote:
Councilman Bogert – “yes”
Councilman Kostro – “no”
Councilman Benevente – “no”
Deputy Mayor Fischer – “yes”
Mayor Cochran – “yes”
Attorney Gougelman clarified that the effect of the final vote was to grant the variance.
VI. CONSENT AGENDA
A. Minutes No. 01-09 - Regular Meeting – May 21, 2001
B. Confirmation of letter to the Florida Department of Law Enforcement regarding the distribution of Anti-Drug Abuse Act funds within Brevard County
C. Approval of an interlocal agreement with Brevard County regarding South Brevard Recreation Special District Funds in the amount of $75,000
D. Authorization for Councilman Benevente to attend the Florida League of Cities’ 75th Annual Conference as the Town’s voting delegate
E. Renewal of Parking Meter Use Agreement with Ocean View Diner
F. Resolution 01-11 - Providing an improved employment benefit for certain Town employees retired on disability
G. Resolution 01-12 – Telecommunications resolution – determining not to charge a right-of-way permit fee for communications companies
H. Resolution 01-13 – Repealing Resolution 01-09, the provisions of which were incorporated into the Town’s Personnel/Civil Service Manual through the adoption of Ordinance 01-08
Councilman Kostro moved to approve the Consent Agenda. Councilman Bogert seconded. Motion carried unanimously.
VII. APPOINTMENTS
A. Budget and Finance Committee – One opening. Les Barlow would like to be reappointed. Application received from Collin Campbell, Jr.
Deputy Mayor Fischer moved to reappoint Les Barlow. Councilman Benevente seconded. Mr. Barlow was reappointed unanimously
B. Code Enforcement Board – One opening. Nancee Hay would like to be appointed.
Councilman Benevente moved to appoint Nancee Hay. Councilman Bogert seconded. Ms. Hay was appointed unanimously.
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Deputy Mayor Fischer moved to adopt Ordinance 01-10. Councilman Benevente seconded.
There was no public comment.
Motion carried unanimously.
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman Bogert moved to adopt Ordinance 01-11. Councilman Benevente seconded.
There was no public comment.
Motion carried unanimously.
Mayor Cochran disclosed a potential conflict as he owns property affected by this ordinance.
Deputy Mayor Fischer advised that he had been approached by Mr. Teimouri, a civil engineer, regarding the confusion as to breezeway requirements and that he had also been aware of the problem as a former member of the Zoning and Planning Board.
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Deputy Mayor Fischer moved to adopt Ordinance 01-13. Councilman Benevente seconded.
John B. MacNeill, 1320 S. Riverside Dr., spoke against making the ordinance consistent with Brevard County and for upholding the uniqueness of the community.
Ray DiZefalo, 141 Tampa, received clarification on the procedure for adopting an ordinance.
Deputy Mayor Fischer explained that the problem is that the properties affected do not have parallel lines and that different property owners can individually comply and still obviate the intent of the breezeway requirement.
The motion to adopt Ordinance 01-13 carried unanimously with Mayor Cochran abstaining.
D. Ordinance 01-12 – Amending Section 5-2 clarifying hours of operation, creating new sections 5-4 Vehicle Access, 5-5 Parking, 5-6 Animal Access; Amending 5-19 regarding garbage disposal, amending 5-42, Area Reserved for Swimming; deleting Sections 5-20, 5-43, 5-47 and 5-49
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Bogert moved to approve Ordinance 01-12. Deputy Mayor Fischer seconded.
There was no public comment.
Motion carried unanimously.
IX. UNFINISHED BUSINESS
X.NEW BUSINESS
A. Approval of use agreements with Brevard County authorizing beach restoration – Brevard County Shore Protection Project
The Town Manager gave background on the Army Corps of Engineers’ attempt to replenish the beach and the plans for the South Reach. He clarified that the agreement is with the County.
Councilman Bogert moved to approve the agreement. Deputy Mayor Fischer seconded. Motion carried unanimously.
B. Discussion and possible action regarding a Downtown Study as recommended by the Zoning and Planning Board – Requested by Deputy Mayor Fischer
Deputy Mayor Fischer pointed out that one of the Council goals each year has been to improve the downtown area.
It was the consensus of the Council to direct the staff to work toward this goal.
John B. MacNeill recommended that the study done for the Main Street Program be utilized as a starting point.
Louis Postma, 112 4th Ave., suggested that the Council spend its time addressing essential services and that vacancies in the business district are not an issue for government but for the property owners.
Scott Bell, 1005 S. Shannon Ave., commented that the Town has done enough for the business district.
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
1. Statistical Reports – May, 2001
XII. REPORTS
A. Mayor Cochran thanked Councilman Benevente for attending the League of Cities conference on behalf of the Town.
B. Deputy Mayor Fischer had no report.
C. Councilman Benevente requested names for the League conference breakfast.
D. Councilman Bogert had no report.
E. Councilman Kostro had no report.
XIII. ADJOURNMENT
The meeting was adjourned at 8:05 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr.
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk