TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
August 26, 2003 5:30 PM Indialantic Town Hall
MINUTES NO. 03-10
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON AUGUST 26, 2003.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Nancee J. Hay, 1st Alternate
Keith Mauter, 2nd Alternate
Ed Washburn, Town Planner
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
Absent: Randall Greer, Member
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. 03-09– Regular Meeting – July 22, 2003
Ms. Hay moved to approve Minutes No 03-09. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
A. Tim Deratany – 18 S. Riverside Drive – Site plan approval (pave parking lot)
The Board reviewed the site plan submitted by Mr. Deratany.
Mr. Washburn recommended that the compact parking space be appropriately signed and that the Town Engineer review the drainage calculations.
The Town Manager clarified that the site plan only depicts that portion of the property that encompasses the parking lot and that an updated site plan will be required for construction of a building.
Todd Deratany, 107 S Riverside Pl, stated that the purpose of the paving was to satisfy the parking needs of the three commercial buildings as well as make the existing sand lot look better.
Mr. MacNeill expressed concerns with pedestrian traffic.
Mr. Deratany requested approval of the site plan pending approval of the drainage calculations by the Town Engineer.
Mr. MacNeill moved to approve the site plan subject to the drainage calculations being approved by the Town Engineer. Ms. Hay seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance 03-11 – Amending Section 6-118 by adding a definition of lowest floor – for consistency with the Comprehensive Plan
Mr. Washburn pointed out that this is a standard requirement for state compliance.
The Town Manager explained that the ordinance had been reviewed by the Building Official and that it would have no impact on pending projects.
Mr. MacNeill moved to find Ordinance 03-11 consistent with the Comprehensive Plan Objective 1, Policy 1.1, Future Land Use Element. Mr. Bertel seconded.
Mr. Washburn clarified that the definition is not listed under “historical structures”, but alphabetically follows that definition in the Code.
Motion carried unanimously.
B. Changes to Code Section 17-115 – Community Residential Homes – requested by Karen Turja
The Town Manager provided background on the situation that prompted the Community Residential Homes section to be added to the Code. He also explained that the property subject to the present complaints falls below the threshold required to be considered a community residential home and is not subject to those provisions of the code.
Mr. Chinault pointed out that the Town is aware of the neighbors’ concerns but has no right to enter her property to verify violations.
Mr. Chinault stated that if there were stricter regulations the property might fit the definition and could then be regulated.
Mr. Washburn said that the original recommendations were added to the code to better control what might be permitted by the state. He recommended that the Town Attorney determine if there is a way to control the current situation and review the proposed changes to ensure no conflicts with state statutes.
The Board discussed the nature of the persons occupying the residence, licensing, safety issues, code violations and enforcement.
The following members of the public spoke in favor of additional regulations on community residential homes:
Karen Turja, 303 Melbourne Ave.
Dick Hunter, 225 Melbourne Ave.
Don McGee, 224 Melbourne Ave.
Lisa Ann Luthy, 1101 S Shannon Ave.
Bob Walker, 201 Melbourne Ave.
Marilyn Penn, 223 Melbourne Ave.
Ken Turja, 303 Melbourne Ave.
Mr. Washburn clarified that the Town cannot prohibit such homes, but can impose regulations to ensure they blend in with the residential character of the neighborhood.
It was the consensus of the board to request that the Town Manager forward Mrs. Turja's suggestions to the Town Attorney to determine how the code can be tightened and what can be done to address the immediate situation on Melbourne Ave.
The Board also requested that the attorney review the definition of community residential home to cover any not licensed by the state.
5. REPORT FROM BUILDING OFFICIAL
Mr. Chinault reported that the Building Official had accepted a job with Brevard County and that applications were currently being accepted to fill that position.
6. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ADJOURNMENT
Mr. MacNeill requested that an item requesting the Council to allow the Zoning & Planning Board to review residential site plans be placed on the September agenda.
The meeting was adjourned at 7:30 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary