Brevard County, Florida 32903
September 21, 2004 5:30 PM Indialantic Town Hall
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL SEPTEMBER 21, 2004. (Due to an equipment malfunction, this meeting was not tape recorded).
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Randall Greer, Member
Dayle Ewald, 1st Alternate
Shannon Watson, 2nd Alternate
Mike McCaughin, Building Official
Barbara Brownlie, Secretary
Absent: Rick Bertel, Member
Nancee J. Hay, Member
Ed Washburn, Town Planner
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-11– August 24, 2004
Mr. MacNeill moved to approve Minutes No. 04-11. Mr. Greer seconded.
Ms. Ewald pointed out that the meeting start time was typed incorrectly.
Motion to approve the minutes as corrected carried unanimously.
3. APPLICATIONS
A. Request for Site Plan Approval Extension – 1010 Wavecrest Ave – Dominick Villano (site plan approval was originally granted September 23, 2003, a six month extension was granted March 23, 2004))
Lucille Miano, Suncoast Realty Inc., represented Mr. Villano. She explained that they were in the permitting process with DEP and were ready to proceed upon that approval.
Mr. McCaughin clarified that the original DEP permit application had been submitted to the wrong division and had been resubmitted to the proper agency.
Mr. McCaughin also clarified the height of the structure is under the 35’ height restriction in response to a question from Ms. Watson.
Mr. MacNeill moved to grant a six month extension for site plan approval. Mr. Greer seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance No. 04-13 – allowing Building Official to make code interpretations - for consistency with the Comprehensive Plan
Mr. MacNeill moved to find Ordinance No. 04-13 consistent with the Comprehensive Plan Policy 1.1, Objective 1, Future Land Use Element. Ms. Ewald seconded.
The Building Official explained that there is in fact no practical change in operation but that the ordinance provides for a more expedient process for permitting.
Mr. Kleving pointed out that the codes cited in Sec 17-50 (2) are obsolete and the Building Official clarified that all references to those terms in the code would be changed at a later date.
Ms. Watson feared the ordinance removes a “checks and balance” system by placing too much authority with a building official. She did state, that while the present building official is doing a good job, future building officials may not adhere to the code and there would be no remedy for any aberrations that may occur.
Ms. Watson also objected to the phrase “any person aggrieved and substantially affected” for those who may initiate appeals and requested that the Town Attorney clarify how and by whom that would be determined.
Mr. Kleving stated that the ordinance creates no substantial change and streamlines the process for residents. He pointed out that the Town Manager and Town Council would still be involved.
Mr. MacNeill said that avenues of appeal and comment do exist.
Motion to find Ordinance No. 04-13 consistent with the Comprehensive Plan Policy 1.1, Objective 1, Future Land Use Element carried with Mr. Kleving, Mr. MacNeill, Mr. Greer and Ms. Ewald voting “yes.” Ms. Watson voted “no.”
It was the consensus of the Board to request that the Town Attorney clarify the term “any person aggrieved and substantially affected.”
At this point Mr. MacNeill pointed out that the Board’s comments do not always reach the Council and suggested that this be addressed on a future agenda.
B. Decorative Fences in C, C-1 and C-2 – Final Draft Ordinance
The Building Official pointed out the changes made in the final draft as requested by the Board.
Mr. MacNeill moved to approve the final draft and forward the ordinance to Council for further action. Mr. Greer seconded.
Ms. Ewald pointed out a discrepancy with the numbering.
Motion carried unanimously.
C. Outdoor Café Fencing – requested by Ms. Watson
Ms. Watson said the intent is to make outdoor café fencing consistent with the restrictions placed on decorative fencing while grandfathering those already in existence.
The Building Official observed that the outdoor café code section cross-references code section 17-88 addressing fences and pointed out that this could cause some problems with the decorative fence ordinance that the Board just approved.
Mr. MacNeill suggested drafting a distinction between the two fencing issues.
The Building Official pointed out other concerns with the outdoor café requirements and suggested the Board look at the entire code section.
It was the consensus of the Board to discuss outdoor cafes at the October meeting.
5. REPORT FROM BUILDING OFFICIAL
The Board reviewed the monthly statistical reports and Mr. McCaughin gave updates on current projects.
Mr. McCaughin also reported that he is developing new software in conjunction with the Property Appraiser’s office to enhance the permitting and reporting process.
Ms. Watson questioned the expense of placing meters in the Town’s parking lot on 6th Ave. as the spaces would likely be used by employees who can purchase annual passes.
With the Town facing post storm reconstruction, Mr. MacNeill questioned why dwellings were prohibited in districts C and C1 but permitted in C2. Mr. MacNeill also questioned the prohibition of barbecue restaurants in C and C1 zoning.
Mr. McCaughin reported on hurricane damage throughout the Town.
Ms. Ewald asked what could be done about the effects of the accumulated debris on the storm drainage system
6. REPORT FROM TOWN PLANNER
7. ADJOURNMENT
The meeting was adjourned at 6:55 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary