Brevard County, Florida 32903
June 24, 2003 5:30 PM Indialantic Town Hall
MINUTES NO. 03-08
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON JUNE 24, 2003.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Randall Greer, Member
Nancee J. Hay, 1st Alternate
Keith Mauter, 2nd Alternate
Ed Washburn, Town Planner
Cathy Spafford, Building Official
Barbara Brownlie, Secretary
Absent:Michael Melhado, Member
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. 03-07– Regular Meeting – May 27, 2003
Ms. Hay moved to approve Minutes No. 03-07. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
The Building Official clarified that the Board must approve any change on the exterior of an approved site plan.
Mr. MacNeill moved to approve the dumpster covering. Mr. Bertel seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Code Section 17-132(2) – no seating shall be provided within twenty (20) feet of a highway requested by Djon Pepaj – City Tropics Bistro, 249Fifth Ave
Mr. Pepaj stated that it had been brought to his attention that he is in violation of this code by providing seating closer than 20’ to the roadway.
The Building Official observed that the table and chairs are moved frequently resulting in violations at times and that the problem has not been 100% corrected.
The Board pointed out that the approved site plan allowed the deck but specifically prohibited seating within 20’ of the highway largely based on safety concerns.
Mr. Washburn stated that the code is unclear as to from what point the 20’ is measured. He pointed out that there is a non-mountable curb and a degree of distance from the travel lane.
The Board was reluctant to change the code, as it would then apply to all properties. They also discussed the problems with policing the requirement.
Mr. Washburn pointed out that the applicant has the options of pleading to Council or requesting a variance.
Michael Brennan, 6203 Eric Ct., questioned the distinction in safety between sitting and standing and noted that there had previously been parallel parking on the road.
It was the consensus of the Board to request that the Building Official determine the exact measurement from the highway and table this item to the next meeting.
B. Review of Code Section 17-132(12) – no preparation of food or drink whatsoever shall take place in the outdoor café area - requested by Djon Pepaj – City Tropics Bistro, 249Fifth Ave
Chairman Kleving pointed out again that this was part of the approved site plan and that the applicant was aware of the ordinance.
The Building Official clarified that the bar itself was approved but that it is stocked with alcohol for mixing drinks and that coffee is prepared.
The Board questioned the rationale in limiting the beverages that could be served from the outdoor bar to wine, beer and unmixed drinks.
Mr. MacNeill recalled that the original intent was to allow the bar for the serving of drinks passed through an open window from the inside bar where they were mixed.
Board members expressed concerns with the disregard for the stipulations of the approved site plan.
Mr. Bertel moved to recommend to Council that they review Code Sec. 17-132(12) for the purpose of striking “drink” from the language. Mr. Greer seconded.
Mr. MacNeill noted that City Tropics has been the subject of complaints before the Council.
Motion carried with Chairman Kleving, Mr. Bertel, Mr. Greer and Ms. Hay voting “yes.” Mr. MacNeill voted “no.”
C. Architectural Design Requirements
Councilman McCabe stated his long-term goals were to preserve the character of the Town, make Fifth Ave. a more attractive area, promote pedestrian traffic and establish common parking areas.
The Board discussed how the plan would be administered, the need to involve the property owners, limiting the architectural styles to two or three choices and including the A1A corridor.
In discussing at what point the new plan would be implemented, the Board noted minor remodeling such as some conformity when re-roofing could change the entire look of Fifth Ave. and provide quicker results.
Councilman McCabe said that it was his intent to speak with the business owners and gauge their interest.
Mr. MacNeill agreed to accompany Councilman McCabe “knocking” on business doors.
Councilman McCabe stated that he is still gathering information and will report to the Board when he has more feedback.
5. REPORT FROM BUILDING OFFICIAL
Ms. Spafford had nothing to add to her written report.
6. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ADJOURNMENT
The meeting was adjourned at 7:30 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary