TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
January 27, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 04-04
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL JANUARY 27, 2004.
Present:
Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Randall Greer, Member
Nancee J. Hay, Member
Dayle Ewald, 1st Alternate
Mike McCaughin, Building Official
Ed Washburn, Town Planner
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
1.
CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
.
2.
OATH OF OFFICE TO NEW MEMBER
The secretary administered the Oath of Office to Dayle Ewald
and she was welcomed by the Board.
3.
APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-03– December 30, 2003
Ms. Hay moved to approve Minutes No. 04-03. Mr.
MacNeill seconded. Motion carried unanimously.
The Town Manager introduced the new Building Official, Mike McCaughin.
4.
APPLICATIONS
A. Request
for Site Plan Modification - Michael Montgomery – 25 Fifth Ave. – east and west
facade modifications and presentation of proposed roof tiles and color samples
Mike Montgomery, 373 Planters Dr, described the changes as aesthetic and
cosmetic with the only structural change being to the “pyramid.”
Mr. Montgomery clarified that the wind sock and awnings would have no
advertising.
The Board discussed how the awnings could be handled in a hurricane situation.
Mr. Montgomery clarified that the “inactive” door on the west side of the building
would not pose a risk to patrons in the case of an emergency.
Mr. MacNeill moved to approve the site plan modifications as presented.
Ms. Hay seconded. Motion carried unanimously.
Mr. Montgomery presented a display of the building colors and roof tiles that
will meet the Town’s color code.
5.
REPORTS AND DISCUSSIONS
A. Review of Ordinance 04-02 (Political Signs)
for consistency with the Comprehensive Plan
Mr. Chinault gave background advising that the ordinance was
the result of a recommendation by the Town Attorney based on recent court
decisions.
The Town Planner stated that the Town Attorney was most
likely correct, but pointed out that any law is valid until challenged.
Mr. Washburn felt that removing all time restrictions is not necessarily what
the Town might want to do.
The Town Manager stated that defending subsequent lawsuits
might place an unnecessary financial burden on the residents of the Town.
Mr. MacNeill stated that the ordinance was not consistent in
keeping with the character of the Town nor was it in the public welfare.
Mr. MacNeill moved to find Ordinance 04-02 not consistent
with the Comprehensive Plan Objective 1, Policy 1.1, Future Land Use
Element. Ms. Hay seconded. Motion carried with Mr. MacNeill, Mr.
Bertel, Mr. Greer and Ms. Hay voting “yes.” Mr. Kleving voted “no.”
B.
Review of Ordinance 04-05 (Stormwater Runoff) for consistency with the
Comprehensive Plan
The Town Manager advised that the ordinance was prepared
by the Town Engineer and is a requirement of the NPDES application submitted
previously. He explained that the ordinance sets new standards for construction
and reporting requirements.
The Board discussed baffle boxes and other means to
control runoff including procuring funding.
Mr. Chinault clarified that the ordinance could be amended
or modified to cover other situations such as swimming pools at a later date.
Mr. MacNeill moved to find Ordinance 04-05 consistent with
the Comprehensive Plan Objective 1, Policy 1.1, Future Land Use Element.
Mr. Bertel seconded. Motion carried unanimously.
C. Background on approval of residential building permits
Based on the background provided, Mr. MacNeill commented that
residential permits seemed to be turned over to the Building Official to
relieve the load on the Zoning Board and expedite residential site plan
approvals.
Mr. MacNeill suggested that the Building Official, as part of
his monthly report, bring at least sketch layouts of plans so the Board could
be aware of potential conflicts with the Code.
Mr. MacNeill supported the Building Official having the full
authority to approve single-family residences, but proposed a provision where
the Zoning Board could step in even after construction was started. He
maintained the Board would have to see the plans in order to accomplish this.
Mr. Kleving felt that the Zoning Board should not be involved
and if a code issue develops it should be handled as a code violation. He
felt it unfair and costly to hold up permitting for a scheduled Zoning Board
meeting.
Mr. Kleving commented that no other Zoning Board in the
county looks at single-family permits.
The Town Manager stated that the Board would need to be
precisely clear as to what applications it might want to review.
Mr. Kleving expressed his confidence in the building official
and maintained he should be allowed to do his job.
The Board agreed that no change was necessary.
6.
REPORT FROM BUILDING OFFICIAL
Mr. McCaughin assured the Board he is here for the “long
haul” and stated his goal is to bring consistency to the building and code
enforcement departments.
7.
REPORT FROM TOWN PLANNER
Mr. Washburn
stated that he has worked previously with Mr. McCaughin and expressed
confidence in his work.
Mr. Washburn
also gave an update on the mixed use application ongoing in Indian Harbor
Beach. The Board agreed to move their discussion of this matter to the
March meeting.
8.
ELECTION OF OFFICERS
A.
Mr. MacNeill nominated Tom Kleving as Chairman. Ms. Hay seconded.
Motion carried unanimously.
B.
Ms. Hay nominated Mr. MacNeill as Vice Chairman. Mr. Bertel
seconded. Motion carried unanimously.
9.
ADJOURNMENT
The meeting was adjourned at 6:30 PM.
_______________________________
Tom Kleving, Chairman
_____________________________
Barbara Brownlie, Secretary