TOWN OF I N D I A L A N T I C

Brevard County, Florida 32903

LOCAL PLANNING AGENCY/ZONING AND PLANNING BOARD

February 23, 1999 Indialantic Town Hall

MINUTES NO. 99-5

MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 23, 1999

Present:

Victor Kostro, Chairman

Thomas Kleving, Member

John MacNeill, Member

Gerald Gonsalves, Alternate

Michael Ullmer, Alternate

Brian Barber, Building Official

Ed Washburn, Town Planner

Barbara Brownlie, Secretary

Absent:Bruce Bogert, Vice Chairman (excused)

Robert Doherty, Member (excused)



1. CALL TO ORDER AT 5:30 PM

Chairman Kostro called the meeting to order at 5:30 PM.

2. OATH OF OFFICE TO NEW MEMBER

The Secretary administered the Oath of Office to Gerald Gonsalves.

3. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 99-4- Regular Meeting - January 26, 1999

Mr. Kleving moved to approve Minutes No. 99-4. Mr. MacNeill seconded. Motion carried unanimously.

4. REPORTS AND DISCUSSIONS

A. Sunset Review - Chapters 13.5 and 18

In reference to Chapter 13.5 Town Planner Ed Washburn explained that since the town is entirely platted, no detailed definition of "subdivision" is required. He also clarified that not receiving a written notice of a platting or replatting application does not negate the ability to protest.

In reference to Chapter 18, Mr. Washburn explained that, although there are presently no wetlands in town, this section meets a state requirement.

The Board recommended that in Sec. 18-4(c) the words "the department of environmental regulation and the department of natural resources" be updated to "the Florida Department of Environmental Protection."

In response to a previous request for clarification on language in Sec. 11-26(g)(4), Mr. Washburn explained that the language used is correct and it is the use of the parentheses which may be confusing.

B. Fencing Procedure Recommendations (prepared by Mr. Gonsalves)

Mr. MacNeill disclosed that, following the February 11, 1999 Special Council meeting, Mr. Gonsalves had approached him, addressed him by name and started making a statement related to this issue. Mr. MacNeill stated he walked away without responding.

Mr. Gonsalves denied this incident took place.

Mr. Gonsalves stated that he had prepared his procedure at the request of the Town Manager. He explained that the intent was to prevent unsightly fences, particularly in the case where a resident owns back-to-back lots fronting on two separate streets.

Bill Vernon, 510 Watson Dr., maintained that the appearance of the town would suffer if someone were allowed to buy the property behind their own, tear down the existing home on that property and fence it as their backyard.

The Board discussed what constitutes a lot and the differences in a zoning map and a plat map. The Building Official clarified how addresses are assigned.

Mr. Gonsalves presented his recommendations and urged the Board to make a standard procedure to avoid the need for variance requests.

Mr. Washburn advised that the Board submit a proposal conveying what it is they wish to accomplish to the Town Council and that it is the Town Attorney who should formulate any ordinance language.

Mr. Kleving moved that the Board review Mr. Gonsalves' procedure and make comments and recommendations to be discussed further at the March meeting and that the Town Planner together with the Building Official come up with a proposal to be submitted to Council. Mr. Gonsalves seconded. Motion carried unanimously.

5. NEW BUSINESS

A. Correspondence from Walt Fredrickson re: building height.

Chairman Kostro requested that the Board review Mr. Fredrickson's letter for discussion at the next meeting. He also requested that, time permitting, Mr. Fredrickson be invited to attend.

Mr. Washburn cautioned that, since the town is almost entirely built-out, any change in the way height is measured would have a significant impact.



6. REPORT FROM BUILDING OFFICIAL

Mr. Barber's statistical reports were included in the packets.

Mr. Barber also pointed out that, since he had been hired, it had been an unwritten policy not to charge non-profit organizations a permit fee. However, as there had been a question concerning the extensive re-modeling at Eastminster Presbyterian Church, it was determined that they be required to pay the permitting fee.

Mr. Vernon, member of the Church's building committee, stated this was really a non-issue for the Church.

7. REPORT FROM TOWN PLANNER

Mr. Washburn had no report.

8. ADJOURNMENT

The meeting adjourned at 7:00 PM.

______________________________

Victor Kostro, Chairman







_______________________________

Barbara Brownlie, Secretary