Brevard County, Florida 32903
July 24, 2001, 5:30 PM Indialantic Town Hall
MINUTES NO. 01-10
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 24, 2001.
Present: Thomas Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Michael Melhado, Member
Randall Greer, Alternate
Nancee J. Hay, Alternate
Ed Washburn, Town Planner
Stan Krulikowski, Building Official
Barbara Brownlie, Secretary
Absent:Michael McCabe, Member (excused)
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 01-08 - Regular Meeting – June 26, 2001
Mr. Melhado moved to approve Minutes No. 01-08. Mr. MacNeill seconded. Motion carried unanimously.
B. Minutes No. 01-09 - Special Meeting – July 3, 2001
Mr. MacNeill moved to approve Minutes No. 01-09. Mr. Melhado seconded.
Mr. MacNeill requested that the on page 2, paragraph 6, the words “Mr. MacNeill stated” be changed to “Mr. MacNeill speculated.”
Motion to approve the minutes as amended carried unanimously.
3. APPLICATIONS
A. Kempf’s Jewelers – Fifth Avenue – Site plan revisions
Building Official Stan Krulikowski explained that Kempf’s is requesting to move the dumpster enclosure and covered parking area to the west side of the property. Mr. Krulikowski advised that the changes are to make the building more functional and to improve the aesthetics. He pointed out that neither the number of parking spaces nor the landscaped area would be affected and recommended approval.
Mr. Melhado moved to approve the site plan revisions. Mr. MacNeill seconded. Motion carried unanimously.
B. City Tropics – Fifth Avenue – Site Plan Review
Mr. Krulikowski explained that upon reviewing the site plan as submitted, clarifications to several areas were necessary. He had prepared a memo that was discussed with the applicant and distributed to the Board members.
To clear up several questions, Mr. Krulikowski verified that the seating capacity would be 200 including the deck, the sign would be 32 sq. ft. and that the outdoor café would have a wooden deck with no negative impact on the drainage. He explained that there is a question concerning setbacks and the deck as a structure and that if it were ever closed in, it would be required to come into compliance with the building setbacks.
Mr. Krulikowski pointed out that on-site parking is an issue and that even if parking on 6th Ave. is permitted, the site would still be short 50% of the required spaces.
Mr. Krulikowski further explained that the existing structure itself is not being changed and the only alteration is the enclosure of the porte-cochere.
Town Planner Ed Washburn maintained that, in his opinion, the deck, as long as it is not enclosed, is not a structure and does not need to meet the building setbacks. He also maintained that the parking spaces on Palm are legal, but the spaces on 6th are in the right of way and that a determination would have to be made as to whether they could be counted.
Town Manager Chris Chinault clarified that the 6th Ave. spaces would more than likely be eliminated in the future and the area utilized for drainage purposes.
Mr. Washburn advised that either the Town Attorney or the Board of Adjustment would need to determine what is grandfathered in. He explained that the use is changing from a bar and someone will have to determine what magnitude can go in as far as a restaurant is concerned and if additional parking is required because of that use change.
Djon Pepaj, 1001 S. Riverside Dr., stated he has been a resident of Indialantic since 1996 and currently owns a restaurant in Melbourne Beach –Djon’s – which posed a similar situation. He explained that the projected capacity is based on the number necessary to secure a liquor license - 50/50 liquor to food – and not the number of persons he expected to serve.
Mr. Washburn interjected that, although this might be the case, this Board and the staff are required to follow the Code and cannot grant the relief that Mr. Pepaj is seeking.
Mr. Pepaj passed out a sample menu to illustrate the character of the new establishment.
Mr. MacNeill raised the possibility of entering into parking agreements with neighboring businesses when they are closed and also suggested depicting bike racks on the plans to indicate that other than automobile traffic is expected.
Mr. Washburn recommended sending the entire package to the Town Attorney to provide some direction for the applicant to resolve certain issues and to identify the variances for which he will need to apply.
Mr. Bertel received clarification from the Town Planner concerning why the Board needs more information before they should consider approving the site plan.
Mr. Kleving observed that the site plan package does not appear complete and pointed out several conflicting issues. He added that the resolution of the parking issue could change things entirely and that the current site plan might not be reflective of those changes.
The Board members agreed that City Tropics would be an asset to the Town, but requested a more detailed set of plans concerning substance.
Mr. Krulikowski advised that he did have construction plans, but felt that they would not be beneficial to the Board at this point.
The Board further discussed discrepancies on the drawings and requirements for the outdoor café area.
Mr. Washburn advised that Mr. Pepaj needs to work with staff to tighten up the package and forward the plans to the Town Attorney for review.
Mr.Kleving recommended that the Building Official draft a memo to the Town Attorney outlining the concerns of the Board and seeking remedies for the issues in question before the package can come back to the Board.
Mr. Pepaj was advised that he could not proceed with construction until a site plan is approved.
Mr. Melhado moved to take no action pending further information from the applicant and the aforementioned issues are resolved. Mr. MacNeill seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
Mr. MacNeill reported that at the July Council meeting, 100% of the public who voiced opinions supported the decision of the Zoning and Planning Board to make no changes in the breezeway requirements and that the Council had voted to place the issue as a referendum item on the November ballot.
5. REPORT FROM BUILDING OFFICIAL
Mr. Bertel requested an update on the banner situation. Mr. Krulikowski clarified that a violation does exist and will be addressed.
6. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ADJOURNMENT
The meeting was adjourned at 6:55 PM.
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Thomas Kleving, Chairman
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Barbara Brownlie, Secretary