Brevard County, Florida 32903
January 16, 2003 5:30 PM Indialantic Town Hall
MINUTES NO.
03-03
MINUTES OF A ZONING AND PLANNING BOARD
MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 16, 2003.
Present:
Tom Kleving,
Chairman
John MacNeill, Vice
Chairman
Randall Greer,
Member
Keith Mauter,
Alternate
Nancee J. Hay,
Alternate
Ed Washburn, Town
Planner
Cathy Spafford,
Building Official
Barbara Brownlie,
Secretary
Absent:
Rick Bertel, Member
Michael Melhado, Member
1. CALL TO
ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
Mr. Kleving read the Procedure for Public Speaking.
2.
APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 03-02– Regular Meeting – December 19, 2002
Ms. Hay moved to
approve Minutes 03-02. Mr. MacNeill seconded. Motion carried unanimously.
3.
APPLICATIONS
A. Extension
of Site Plan Approval – Indialantic One Condominium (Site plan approval was
originally granted January 22, 2002 and a six month extension was granted July
23, 2002)
Robert Lee, Lee Engineering Inc., 105 N. Palm Ave., represented the developers and requested an additional six month extension for Indialantic One site plan approval. Mr. Lee explained that they were in the midst of the permitting process with other agencies and were preparing the final building plans.
The Building
official advised that she had reviewed preliminary building plans and returned
them for some corrections and had no objections to the extension.
Addressing
previous concerns with density, the Town Manager noted that the number of units
had been reduced from 42 to 38 and met Code standards.
Scott Smith,
321 7th Ave., questioned the timely manner of the process and
cautioned against setting a precedent.
Mr. Mauter moved
to extend the site plan approval for Indialantic One for an additional six
months. Ms. Hay seconded. Motion carried unanimously.
B. Site Plan Review – Magnolia Key – State Road A1A and 8th
Ave – the Cochran Group
Attorney
Philip Nohrr, 621 Nightingale Ave., Indialantic, represented the Cochran Group
and introduced the project engineer, Scott Nickle, Bussen-Mayer Engineering
Group, and Greg Wood, developer representative.
Attorney
Nohrr gave history on the project and explained that the current site plan is
for a 44 unit condo which addresses prior concerns and meets the Code. He
maintained that the plan requires no variances, complies with breezeway
requirements, removes balconies from the setback area, provides excess parking,
is solely residential and in no way materially impacts upon the infrastructure
of the Town.
Attorney
Nohrr advised that a DEP permit had been issued based on the former plan and
that since there are no material changes, it should be an administrative matter
to amend the permit.
Attorney
Nohrr requested that Engineer Scott Glaubitz’s and Town Planner Ed Washburn’s
comments be made a part of the record. He also entered into the
record the minutes from the October 9, 2001 Zoning & Planning Board meeting
and a transcript of that meeting.
Town
Planner Ed Washburn clarified that the parcels were combined with a cross
access easement for parking.
Mr.
Nickle and Mr. Wood further clarified particulars of the site plan in answer to
the Board’s questions including concerns with addressing, signage, square
footage, breakaway walls, dumpsters and the breezeway.
The
Board also discussed the impact on the Town’s infrastructure and consistency
with Comprehensive Plan population projections.
The
following spoke against approving the site plan:
Robert Randazzo, 612 Wavecrest Ave.
Peter Heaton, 404 S Miramar, Unit 1
Louis Postma, 112 4th Ave.
Roger Dutton, 50 11th Ave.
Sheila Trott, 211 8th Ave.
Mike McCabe, 900 S Miramar
Teresa Dyer, 135 8th Ave.
Mr. Heaton entered into the record
plans submitted with an FDEP permit application in July 2002.
Chairman Kleving read into the record a
letter of protest submitted by Ralph Carvajal, 115 9th Ave.
Rebutting some of the comments, Attorney
Nohrr entered into the record the FDEP permit issued November 15, 2002 and
clarified the comments from the engineer.
Ron Treharne, project architect,
provided information concerning the density discrepancy in the architectural
and civil drawings.
Attorney Nohrr also maintained that the
owner has a reasonable right to use his property and that imposing the
breezeway outside the property owner’s boundary lines would be unfair and
possibly a “taking” of his client’s property. Attorney Nohrr also advised
that there are procedures already in place to address growth.
The following members of the public spoke in
response to Attorney Nohrr:
Peter Heaton
Sheila Trott
Louis Postma
Teresa Dyer
The Town Manager clarified that the
stormwater calculations had been reviewed and were found to meet the
requirements of the Town by the engineer.
Mr. MacNeill moved to deny the site plan
based on the shortage of breezeway in the drawings. Ms. Hay
seconded. Results of a roll call vote were as follows: Mr.
Kleving “against the motion;” Mr. MacNeill “in favor of the motion;” Mr.
Greer “in favor;” Ms. Hay “in favor” and Mr. Mauter “in favor.” Motion
carried.
4.
REPORTS AND DISCUSSIONS
5.
REPORT FROM BUILDING OFFICIAL
The Town Manager clarified that the Building Official was still in the process of reviewing permitting fees.
Mr. Chinault
also advised that staff is working with Florida Boy to amend their site plan
for presentation to the Board.
6.
REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ELECTION OF
CHAIRMAN AND VICE CHAIRMAN
Ms. Hay nominated Tom Kleving as Chairman. Mr. MacNeill seconded. Motion carried unanimously.
Ms. Hay nominated John MacNeill as Vice-Chairman. Mr. Kleving seconded. Motion carried unanimously.
8.
ADJOURNMENT
The meeting was adjourned at
7:10 pm.
_______________________________
Tom
Kleving, Chairman
_____________________________
Barbara Brownlie, Secretary