Brevard County, Florida 32903
September 23, 2003 5:30 PM Indialantic Town Hall
MINUTES NO. 03-11
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON SEPTEMBER 23, 2003.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Keith Mauter, 2nd Alternate
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
Absent: Randall Greer, Member
Michael Melhado, Member
Nancee J. Hay, 1st 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. 03-10– Regular Meeting – August 26, 2003
Mr. Mauter moved to approve Minutes No. 03-10. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
A. Dominick Villano – 1010 Wavecrest Ave. – Site Plan Approval– Townhome Units
Attorney Mike Minot, 319 Riveredge Blvd., Cocoa, represented Mr. Villano. Attorney Minot presented a site plan for two three-story townhome units with a footprint to accommodate the 30% breezeway requirement and meet all code requirements.
Attorney Minot pointed out that the fence exceeds the height limitation and will be changed to comply with Town code. He also noted that his client would apply for a variance to the breezeway from A1A to the ocean as the clear line is hindered by an existing building.
Mr. MacNeill commented that this is an ideal circumstance for granting a variance.
The Town Manager clarified that the swales in the right-of-way and the erosion control barrier were requested by the Town.
Mr. Chinault added that both the Town Planner and Town Engineer had reviewed and approved the site plan.
Mr. Bertel moved to approve the site plan. Mr. Mauter seconded. Motion carried unanimously.
B. Todd Deratany – 107 S. Riverside PL – Site Plan Approval - Pave and relocate and enlarge swale
Mr. Deratany, 107 S Riverside Pl., explained that this swale is at the southwest corner of the property and designed to accommodate all the buildings on his property as well as planned future construction.
The Town Manager reported that the Town Planner and Town Engineer had reviewed the site plan and determined that it meets or exceeds all requirements.
Mr. MacNeill moved to approve the site plan. Mr. Mauter seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance 03-12 amending Sec.17-132 – Outdoor Cafes - for consistency with the Comprehensive Plan
The Town Manager explained the Council’s concern with the setback from the highway.
Djon Pepaj, 1001 S Riverside Dr., received clarification on the measuring point and the process of approving an ordinance.
In response to a question from Mr. MacNeill, the Town Manager explained the situation at Florida Shaved Ice that might not truly be a highway but a parking lot problem.
Mr. Mauter expressed concerns with the safety provided by a hedge or fence and eliminating the provision for permit review.
Mr. Bertel moved to find Ordinance 03-12 consistent with Policy 1, Objective 1.1, Future Land Use Element of the Comprehensive Plan. Mr. MacNeill seconded.
Motion carried with Mr. Kleving, Mr. MacNeill and Mr. Bertel voting “yes.” Mr. Mauter voted “no.”
B. Review of Code Sec. 17-126(3)(r)– Dwellings as prohibited use - requested by Djon Pepaj
The Town Manager gave background on the concept of bringing residents to a downtown area.
Mr. Pepaj outlined his vision for bringing the Town to “life” by having people living and working downtown. He presented drawings for renovating buildings he owns on Fifth Ave.
Mr. Bertel pointed out that mixed usage is a trend in the industry and appears to work in other places.
The Board agreed that this was a concept that makes sense and has positive appeal.
The Board also noted that the idea fits in with Councilman McCabe’s efforts concerning architectural design standards.
Mr. MacNeill pointed out that mixed usage was permitted at one time and requested further information on when and why it was changed and how it might affect the Comprehensive Plan.
It was the consensus of the Board to continue the discussion to the next meeting.
C. Amending Code to require residential site plans be reviewed by the Zoning & Planning Board – requested by John B MacNeill
Mr. MacNeill described certain discrepancies in the interpretation of the Code by the Building Officials and thought more consistency could be provided by the Board.
Mr. Bertel said it might place too much of a burden on an applicant and recommended better training for the Building Official.
Mr. Mauter stated that there seemed to be enough concerns to try it on a temporary basis.
Mr. Kleving suggested it seemed to be more of a problem with how the Code is written rather than how it is administered and that gray areas need to be eliminated from the Code.
Mr. MacNeill clarified that he is talking about conceptual review and not checking structural or design details.
It was the consensus of the Board to continue the discussion to the next meeting.
5. REPORT FROM BUILDING OFFICIAL
The written report was included in the files.
6. REPORT FROM TOWN PLANNER
7. ADJOURNMENT
The meeting was adjourned at 6:45 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary