TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
July 22, 2003 5:30 PM Indialantic Town Hall
MINUTES NO. 03-09
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 22, 2003.
Present: John MacNeill, Vice Chairman
Rick Bertel, Member
Randall Greer, Member
Michael Melhado, Member
Nancee J. Hay, 1st Alternate
Keith Mauter, 2nd Alternate
Ed Washburn, Town Planner
Cathy Spafford, Building Official
Barbara Brownlie, Secretary
Absent: Tom Kleving, Chairman
1. CALL TO ORDER AT 5:30 PM
Vice Chairman MacNeill called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 03-08– Regular Meeting – June 24, 2003
Ms. Hay moved to approve Minutes No. 03-08. Mr. Bertel seconded.
Mr. Mauter requested the minutes be amended to delete the word “relocation” in Item 3 A.
Motion to approve the minutes as amended carried unanimously.
3. APPLICATIONS
Rob Lee, Lee Engineering, 105 N Palm Ave., Civil Engineer representing Indialantic One updated the Board as to where the project stands in the permitting process.
Mr. Lee reported that the necessary variances have been granted, FDEP stormwater approvals have been obtained and they have applied for FDOT right of way and City of Melbourne water main extension permits. He advised that the FDEP Beaches and Shores structural permit has been updated and is pending.
Mr. Lee added that this extension should be the final one necessary and clarified that no substantial changes had been made to the previously approved plan.
The Building Official stated that there were no objections to extending the approval.
Mr. Washburn advised that the request for an extension is not unusual as state permitting can take up to two years.
Mr. Melhado moved to approve a six month extension for Indialantic One based on the site plan the Board approved on January 22, 2002. Ms. Hay seconded. Motion carried unanimously.
B. Extension of Site Plan Approval – Florida Boy (Site plan approval was granted February 25, 2003)
Mark Mihlebach, Mark Steven Construction, 5195 Palm Dr., Melb. Bch., advised that the project is waiting for structural designs to be completed and clarified that nothing has changed from the original submission.
Mr. Greer moved to extend the site plan approval based on the original plans for an additional six months. 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 (con’t from June 24, 2003)
Attorney Philip Nohrr, 1800 W. Hibiscus Ave., Melb., stated that Mr. Pepaj has been a good corporate citizen and that City Tropics has been welcomed and in fact improved the area. Attorney Nohrr acknowledged that the Board has been helpful in getting the business established within the constraints of an existing building.
Attorney Nohrr maintained that when the deck was approved, the building was already there and that dictated the deck placement. He added that it was no surprise that people would be on the deck and that the question now is whether those people would be permitted to sit instead of stand.
Addressing safety concerns, Attorney Nohrr pointed out that the outdoor café ordinance has built in protections providing it be surrounded by commercial zoning, be kept free of debris within a 300’ perimeter and that the operational permit be reviewed every four months for compliance.
In response to a question from the Board, the Building Official reported that complaints concerning noise and exceeding occupancy capacity have been received, but clarified that Mr. Pepaj is taking measures to alleviate those problems.
Djon Pepaj, 1001 S Riverside Dr., advised that he has been working with the Town’s police and fire departments to resolve any violations and that the deck is a vital part of the business.
Mr. Washburn commented that downtown areas traditionally provide the ability for outdoor seating and that the 20’ is difficult to maintain with existing buildings.
Attorney Nohrr pointed out that there is a raised curb and a wall to deter any traffic from hitting the deck itself.
Mr. Mauter felt that persons standing, not sitting, at the rail pose a definite distraction to drivers.
The Board discussed a variance request as opposed to a code change.
The Building Official advised that other establishments had been prohibited from having outdoor seating for the same reason and that a variance would only benefit the one business.
Mr. Washburn reminded the Board that in order to obtain a variance, an applicant must prove a hardship that is not self-imposed.
The Board favored the ambiance of outdoor cafes and felt the entire ordinance needed to be revamped.
Mr. Melhado moved to recommend to Council that they review the entire Code Section 17-132 to encourage outdoor cafes with specific parameters and especially Section 17-132(2) as soon as possible to allow seating within a lesser measure from a highway. Mr. Greer seconded. Motion carried unanimously.
B. Architectural Design Requirements
Mr. MacNeill advised that Councilman McCabe is arranging with Officer Tenpenny to contact the business owners.
It was the consensus of the Board to table this discussion item until Councilman McCabe has more information to present to the Board.
5. REPORT FROM BUILDING OFFICIAL
Ms. Spafford clarified the 2nd floor office at City Tropics.
6. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ADJOURNMENT
The meeting was adjourned at 6:40 PM.
_______________________________
John B. MacNeill, Vice Chairman
_____________________________
Barbara Brownlie, Secretary