Brevard County, Florida 32903
April 27, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 04-07
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL APRIL 27, 2004.
Present: John MacNeill, Vice Chairman
Randall Greer, Member
Dayle Ewald, 1st Alternate
Shannon Watson, 2nd Alternate
Ed Washburn, Town Planner
Mike McCaughin, Building Official
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
Absent: Tom Kleving, Chairman
Rick Bertel, Member
Nancee J. Hay, Member
1. CALL TO ORDER AT 5:30 PM
Vice Chairman John B. MacNeill called the meeting to order at 5:35 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-06– March 23, 2004
Mr. Greer moved to approve Minutes No. 04-06. Ms. Ewald seconded. Motion carried unanimously.
3. APPLICATIONS
A. Request for Site Plan Approval – 249 Fifth Ave – Djon Pepaj – addition of bar on existing patio
The Building Official explained that the modification consists of providing a new bar area with lean-to roofing and that the structure does meet all code requirements.
Mr. MacNeill disclosed that he had viewed the site and verified that the bar would have no attachment to the adjacent building.
Djon Pepaj, 1001 S Riverside Dr., explained that the purpose of the proposed bar was to better distribute the patrons at peak times and discourage crowding in the doorway areas. Mr. Pepaj clarified that there would be no loss or gain of seating and added that the bar would improve the patio appearance aesthetically.
In response to questions from Ms. Ewald, Mr. Pepaj stated that the intent was not to increase liquor sales nor would he be adding additional bartenders.
Mr. Pepaj pointed out that the area is currently utilized to sell beer from iced tubs and that the bar would replace that service.
Mr. Pepaj also advised that the liquor license issued by the state controls his liquor sales.
Ms. Watson disclosed that she had gone by the site and expressed concern that the bar would increase liquor sales and lead to increased noise, litter, loitering and parking and traffic problems in a residential neighborhood.
Mr. Pepaj addressed the Board’s concerns with the above issues.
Toba Smith, 321 Seventh Ave, stated that the addition of the bar would only increase the number of people who have access to drinks and generate more problems in a residential neighborhood.
Karen Turja, 303 Melbourne Ave., favored the addition to break up the logjam at the door.
Mr. Washburn pointed out that the item is before the Board because it is an alteration of the existing site plan and advised that, if the applicant meets the same number of seats approved in the original site plan, there may not be a means to deny the request.
The Town Manager recommended approval as the project meets all code requirements and noted that how the restaurant functions is not the issue.
The Board discussed options for regulating parking on residential streets.
Toba Smith voiced concerns that removing tables to accommodate the bar would increase standing capacity and might be a violation of the site plan.
Mr. MacNeill clarified that the code covers seating and not standing capacity and that occupancy control is a function of the fire department.
Ken Turja, 303 Melbourne Ave., stated that there was no reason not to approve the site plan modification and urged the Board to take action.
Michael Brennan, 6203 Eric Ct, Melb, general manager of City Tropics, clarified that they are trying to work with some of the concerns residents have brought to them. He maintained that adding one six ft bar to the outside area will not draw more people, but will use the available space more effectively.
Randy Greer pointed out that the addition does not violate any provisions of the code. He reminded the Board that the ordinance regulating outdoor cafes does have a sunset provision and that would be the time for the residents to bring their concerns before the Council.
Mr. Chinault verified that the ordinance sunsets at the end of the calendar year and regulates extended hours of operation for an outdoor café in a specific area.
Mr. Greer moved to approve the site plan modification as presented. Mr. MacNeill seconded.
Mr. MacNeill and Mr. Greer voted “yes.” Ms. Ewald and Ms. Watson voted “no.” Motion did not pass.
Mr. MacNeill requested that minutes of this meeting be forwarded to the Council when the sunset provision is discussed and that the Board discuss recommendations in October.
4. REPORTS AND DISCUSSIONS
Mr. MacNeill pointed out that the Board had previously approved a condo site plan in which one street was used to determine building roof height and a different street used to determine garage floor elevation. He advised that there was nothing in the Code to prohibit using two different benchmarks.
Mr. MacNeill requested that the Board review this code section at the May meeting to allow for a single specific benchmark.
5. REPORT FROM BUILDING OFFICIAL
In addition to the monthly statistics, Mr. McCaughin provided an update on projects in process and pending.
6. REPORT FROM TOWN PLANNER
Mr. Wasburn reported that there is still no definitive answer from the state on the mixed-use application in Indian Harbor Beach.
Mr. Washburn also indicated that the tree ordinance deleted from the comp plan exempted single and dual family residences.
7. ADJOURNMENT
The meeting was adjourned at 6:35 PM.
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John B MacNeill, Vice Chairman
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Barbara Brownlie, Secretary