Brevard County, Florida 32903
December 19, 2002 5:30 PM Indialantic Town Hall
MINUTES NO. 03-02
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON DECEMBER 19, 2002.
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Present |
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Tom Kleving, Chairman |
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Absent: |
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Rick Bertel,
Member Keith Mauter, Alternate |
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
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2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 03-01– Regular Meeting – October 22, 2002
Ms. Hay moved to approve Minutes No. 03-01. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
A. Site Plan Review – City of Melbourne – Proposed Transmitter Building at Water Tower Site
Randy Bennett, 1220 N. Hwy. A1A, Ste. 7, represented the Brevard Youth Education Broadcasting Corp. (BYEBC) that has been issued an FCC license for a low powered public radio station in Brevard.
In response to questions from the Board, Mr. Bennett explained the station programming format.
Mr. Bennett informed the Board that the water tower was the most feasible location for the radio antenna. He advised that he had entered into an agreement with the City of Melbourne to place the antenna there and erect the transmitter building on that property for rent consideration.
The Town Manager clarified that this is an accessory building and would be limited to 600 square feet.
Mr. Bennett advised that the building would be erected as soon as possible and that every effort was made to have it blend in with the residential character of the neighborhood.
Mr. Melhado moved to approve the site plan for the City of Melbourne and the BYEBC as presented. Ms. Hay seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Mobile Sign Review (requested by Djon Pepaj, Melvin Hale and Beatrice Solloway)
Mr. Chinault advised that three businesses were currently in violation of the Code by having portable signs outside their premises. He explained that the business owners were here to request that the Board re-examine that provision of the Code.
The Building Official clarified that no other businesses have been cited for this violation.
The following business owners presented their case:
Melvin Hale, Hale’s Gallery by the Sea, 205 Fifth Ave.
Djon Pepaj, City Tropics, 249 Fifth Ave.
Beatrice Solloway, Paris in the City, 422 Fifth Ave.
The owners maintained that the signs improve visibility for their new businesses, are tastefully done and well constructed and would only be out while the businesses are open. They added that the signs would slow down traffic and change the way people look at Fifth Ave.
Mr. Washburn questioned whether the signs intrude into the DOT right-of-way.
Mr. Hale retrieved his sign from the gallery and presented it for the Board’s review.
Ms. Spafford advised that these signs are explicitly prohibited by the Code.
Mr. Washburn agreed that businesses need signage but stated that mobile signs often present problems with set backs and become a code enforcement problem.
Mr. Chinault enumerated standards that would have to be incorporated into the Code language including size, placement, duration, etc.
Mr. Washburn pointed out that once the regulation is changed it would apply to all businesses in the district and would become difficult to control.
Mr. Melhado moved to take no action. Ms. Hay seconded. Motion carried unanimously.
The Board advised that there is recourse through the Board of Adjustment or by directly approaching the Town Council.
B. Review of Ordinance 03-01 (eliminating provisions for the appeal of variances from the Board of Adjustment to the Town Council) for consistency with the Comprehensive Plan
Mr. Washburn advised that the majority of municipalities send appeals to the circuit court system.
Mr. MacNeill moved to find Ordinance 03-01 consistent with Objective 1, Policy 1.1, Future Land Use Element of the Comprehensive Plan. Ms. Hay seconded. Motion carried unanimously.
C. Review of Ordinance 03-02 (amending Code Section 17-159- Nonconforming Structures) for consistency with the Comprehensive Plan
The Town Manager clarified the intent of the ordinance
Mr. MacNeill moved to find Ordinance 03-02 as corrected consistent with Objective 1, Policy 1.1, Future Land Use Element of the Comprehensive Plan. Mr. Melhado seconded. Motion carried unanimously.
5. REPORT FROM BUILDING OFFICIAL
Ms. Spafford advised the Board on upcoming projects.
The Board set the next meeting date for January 16, 2003 to address site plan approval extension for Indialantic One.
6. REPORT FROM TOWN PLANNER
Mr. Washburn pointed out that the Board had “bent over backwards” to deal fairly with new business enterprises and offered to look into sign regulations.
7. ADJOURNMENT
The meeting was adjourned at 6:45 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary