Brevard County, Florida 32903
August 28, 2001, 5:30 PM Indialantic Town Hall
MINUTES NO. 01-11
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON AUGUST 28 2001.
Present: Thomas Kleving, Chairman
John MacNeill, Vice Chairman
Michael McCabe, Member
Michael Melhado, Member
Randall Greer, Alternate
Nancee J. Hay, Alternate
Ed Washburn, Town Planner
Stan Krulikowski, Building Official
Barbara Brownlie, Secretary
Absent:Rick Bertel, Member
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. 01-10 - Regular Meeting – July 24, 2001
Mr. Melhado moved to approve Minutes No. 01-10. Mr. Greer seconded. Motion carried unanimously.
3. APPLICATIONS
A. Kempf’s Jewelers – Fifth Avenue – Site plan revisions
Donna Lindsey, Art Kraft Sign Co., explained that the sign was being modified to better fit the architecture of the building and that it would remain in the same location.
Mr. Krulikowski clarified that the newly designed sign meets the code requirements as far as dimensions and that the revision deals only with the detached sign.
The Board discussed the proximity of the sign to the stop sign and the hindrance to traffic. Ms. Lindsey was agreeable to moving the sign back 2 -3 feet.
D. X. Ross, 134 2nd Ave., raised the issue of visibility concerning pedestrian and bicycle traffic.
Gerry Gonsalves, 431 3rd Ave., observed that the sign was attractive and urged the board not to place too many restrictions resulting in driving out businesses.
George Gergora, 316 Deland Ave., received clarification on the limitations for the base size from the Building Official.
Mr. Krulikowski also clarified that Code Section 17-104.4 (6)(a)3 concerning clearance applies only to pole signs and that a sign on a base is limited to 14’.
Mr. MacNeill moved to approve the site plan revision for the detached sign provided Art Kraft works with the Building Official to ensure an acceptable line of site for traffic. Mr. Melhado seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Concept Review – Proposed Multi-family and Office Development at the southeast corner of 8th Avenue and State Road A1A
Attorney Doug Marks, 6767 N Wickham Rd, Melbourne, and Scott Nickle, Bussen-Mayer Engineering, represented the Cochran Group. Mr. Marks presented the plans and indicated they were seeking conceptual site plan approval subject to working with staff. He added that their purpose tonight was to specifically address the breezeway requirement. He pointed out that the owner has reserved 30% of the property in four separate zones free of structures.
Robert Randazzo, 612 Wavecrest Ave., interjected that he was not happy with such a big structure and that the site should be more open up so everyone could enjoy the ocean views.
Town Planner Ed Washburn emphasized that this is a conceptual plan that the applicant has requested the Board to review. He stated that the Board’s position is to make recommendations in an advisory capacity.
Mr. Washburn pointed out that several issues have been raised including the interpretation of the breezeway provision, the balconies extending into the setback, density combining residential and professional use and other items enumerated in his and staff’s memos.
Mr. Washburn maintained that the breezeway is the crucial issue and that this must be interpreted by the Board of Adjustment. He recommended that the Board not make a motion to approve the plan in concept, but give the applicant their comments, determine through staff what issues need to be addressed by the Board of Adjustment and request the applicant come back with a scaled and dimensioned site plan consistent with Town code.
Gerry Gonsalves disagreed that the Board does not have the right to deny the application at this point.
Lorraine Carvajal, 115 Ninth Ave., pointed out that there is no breezeway at the end of Ninth Ave.
George Gergora also maintained that the process for site plan approval enables the Board to point out deviations from the code and advise the applicant to go to the Board of Adjustment.
Deborah Mocny, 409 So. Miramar, owner of the Monterey Motel, which is being surrounded by the proposed construction, feared the structure would aggravate the existing flooding problem
Robert Randazzo, owner of the abutting property, questioned the balconies encroaching on the view he has worked for and enjoyed for years.
Gerry Gonsalves stated he could point out numerous code violations in the site plan including the breezeway, balconies, parking and setbacks.
Bill DeLuccia, 416 Melbourne Ave., received clarification that the mandatory breezeway requirement is 30%.
D.X. Ross questioned the height and was advised the maximum is 35’ although the basis of the measurement has not yet been determined.
Mr. Washburn clarified that the Board can do what it wants to with this plan, but it cannot interpret the code. He again recommended that the Board not approve the conceptual site plan, but give the applicant their comments and identify those issues that need to be addressed by the Board of Adjustment. He also advised that they may deny the plan.
Peter Heaton, 404 S Miramar Unit 1, maintained that the lots combined for the condo units require a 123’ breezeway and that no interpretation is necessary. He also suggested the code be changed to prevent the combining of lots.
Robert Randazzo stated that he had received no notification concerning these changes.
Mr. Marks maintained that a landowner can only control what he does on his own property and that 30% of this property has been preserved free and clear of any building or obstruction.
Mr. Marks verified that he has received the memos from Mr. Washburn and staff and that he would address those concerns.
Mr. McCabe received clarification from Mr. Nickle that the power lines running across the property would have to be moved.
Mr. Melhado mentioned that the site plan would need much more detail when it comes back to the Board and viewed the plans as manipulative of the code as to the joining of parcels and applying setbacks
Mr. MacNeill advised that the site plan would have to meet the requirements of the Coastal Construction Control Line provisions as determined by the Board of Adjustment. He pointed out that the current ordinance defines the breezeway as running from the ocean to A1A. Mr. MacNeill also saw problems with the balconies and setbacks.
Ms. Hay expressed concerns with traffic patterns not lined up on Ninth or Tenth Ave.
Mr. Kleving felt that the commercial office units do not meet the intent of the RP restrictions that are pyramided into the tourist zone. He observed that the plan might have been brought before the Board prematurely as so many issues were not addressed.
Mr. Melhado moved to deny approval of the conceptual site plan based on the concerns as expressed in the memos from Mr. Washburn and staff and the Board’s comments. Mr. MacNeill seconded. Motion carried unanimously.
5. REPORT FROM BUILDING OFFICIAL
There were no questions concerning Mr. Krulikowski’s report for July.
Mr. McCabe received clarification on the interior work being done at City Tropics.
6. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ADJOURNMENT
The meeting was adjourned at 6:40 PM.
_______________________________
Thomas Kleving, Chairman
_____________________________
Barbara Brownlie, Secretary