TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
LOCAL PLANNING AGENCY/ZONING AND PLANNING BOARD
March 23, 1999 Indialantic Town Hall
MINUTES NO. 99-6
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN
HALL ON MARCH 23, 1999
Present:
Victor Kostro, Chairman
Bruce Bogert, Vice Chairman
Robert Doherty, Member
Thomas Kleving, Member
John MacNeill, Member
Gerald Gonsalves, Alternate
Michael Ullmer, Alternate
Brian Barber, Building Official
Ed Washburn, Town Planner
Barbara Brownlie, Secretary
1. CALL TO ORDER AT 5:30 PM
Chairman Kostro called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 99-5- Regular Meeting - February 23, 1999
Mr. MacNeill requested that the first paragraph of Item 4B be changed to reflect that
Mr. Gonsalves did directly approach him and attempt to make a statement concerning the
issue. Mr. Gonsalves adamantly denied this took place.
Chairman Kostro suggested that the minutes be changed to include both Mr. MacNeill's
statement and Mr. Gonsalves' denial.
Mr. MacNeill moved to approve the minutes as amended. Chairman Kostro seconded. Motion
carried unanimously.
The minutes were amended as follows:
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.
B. Approval of Sunset Review Recommendations to be forwarded to Town Council
Chairman Kostro moved that the Sunset Review Recommendations on Chapters 11, 13.5 and
18 be forwarded to the Town Council for their consideration. Mr. Doherty seconded. Motion
carried unanimously.
3. REPORTS AND DISCUSSIONS
A. Fencing Procedure Recommendations (continued from February meeting)
Town Planner Ed Washburn presented proposals which would amend the fencing procedure
per the changes being discussed. He advised that there is a problem in that the definition
of "lot," according to Indialantic Code, differs from the definition of
"lot of record" and that a lot can be made up of more than one lots of record.
Therefore, back-to-back lots are defined under the term "lot" for building
purposes under our code. He explained that the recommended fencing procedures for
back-to-back lots have several ramifications including rendering the adjacent lot useless
which could possibly be considered as a "taking" of property.
Mr. Washburn also noted that an easement is not a right-of-way and no permanent
structure can be placed there unless the easement is vacated.
The Board discussed the possibility of setting landscaping standards as a buffer to
such fences. There was also some discussion on fencing the front yards of properties which
meet the requirements for Zone B in Mr. Gonsalves' recommendation.
Chairman Kostro noted that the Board had committed, over the course of two meetings, to
a healthy debate on this subject pursuant to Section 17.68 of the Indialantic Code.
Mr. Doherty moved to not submit the recommended fencing procedure to the Town Council.
Mr. Kleving seconded. Motion carried with Mr. Bogert, Mr. Doherty, Mr. Kleving and Mr.
MacNeill voting "yes." Chairman Kostro voted "no."
Chairman Kostro advised Mr. Gonsalves that he, as a private citizen, has the
opportunity to take his proposal directly to the Town Council.
4. NEW BUSINESS
A. Review of building height definition (requested by Walt Fredrickson)
Mr. Fredrickson pointed out the ambiguities in the definition of building height which
must be dealt with by the Building Official. He maintained that the present code penalizes
design and that the code should be in conformity with how we want the community to look
and develop architecturally. Mr. Fredrickson presented two approaches used by other
Florida cities to determine building height which allow for hip and gable style roofs.
Building Official Brian Barber agreed that the code is poorly written and promotes flat
roofed buildings.
Town Planner Ed Washburn pointed out that, since the Town is virtually built-out,
building height is a controversial and sensitive issue. But he agreed that there should be
some allowance for flexibility of design.
Mr. Doherty moved to consider Mr. Fredrickson's suggestions and address the issue
further at the next meeting. Mr. Kleving seconded. Motion carried unanimously.
The Town Planner was also requested to come up with language amending the code.
5. REPORT FROM BUILDING OFFICIAL
Mr. Barber's reports for February were included in the packets.
In response to questions, Mr. Barber explained that there is a set fee of $50 for a
residential roof and no set fee for a commercial roof.
He also advised that he would initiate some action concerning the condition of the
parking lot being used by the OceanView Diner.
6. REPORT FROM TOWN PLANNER
Mr. Washburn advised that he expects to hear from the state on the EAR amendments some
time in April.
7. ADJOURNMENT
The meeting was adjourned at 6:35 PM.
______________________________
Victor Kostro, Chairman
_______________________________
Barbara Brownlie, Secretary