TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903

LOCAL PLANNING AGENCY/ZONING AND PLANNING BOARD

July 28, 1998 Indialantic Town Hall

MINUTES NO. 98-10

MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 28, 1998

Present:

Michael Fischer, Member
Beverly Harris, Member
Thomas Kleving, Member
John MacNeill, Alternate
Robert Doherty, Alternate
Brian Barber, Building Official
Ed Washburn, Town Planner
Barbara Brownlie, Secretary

Absent:

Victor Kostro, Chairman (excused)
Bruce Bogert, Vice Chairman (excused)

Due to the absence of the Chairman and Vice Chairman, the floor was opened for nominations for a presiding Chairperson.

Mr. Fischer nominated Mr. Kleving. Mr. Doherty seconded. Motion carried unanimously.

1. CALL TO ORDER AT 5:30 PM

Presiding Chairman Kleving called the meeting to order at 5:30 PM.

2.APPROVAL OF PRIOR MEETING MINUTES

A. Minutes No. 98-9- Regular Meeting - June 23, 1998

Mr. Doherty moved to approve Minutes No. 98-9. Ms. Harris seconded. Motion carried unanimously.

3. CODE REVIEW

A. Review of Code Sec. 17-132 (10) - Outdoor Cafes - No music, public address system, or outdoor entertainment is allowed (requested by the Town Council)

Joel Rosenblatt, 445 11th Ave., spoke on the problem of amplified music at special events - especially as it interferes with the peace of near-by residents . He explained that permitting such events is now at the discretion of the Town Manager. He pointed out that an administrator can not be authorized to issue permits in the absence of any guidelines.

The Board discussed the need to codify a procedure for the permitting process for special events.

Councilman Rondinone explained that his motion at the Council meeting was to incorporate the prohibition of outdoor music throughout the Commercial and Tourist districts - to have one uniform Code for the entire business district.

The Board discussed how the noise ordinance in Code Sec. 10 already establishes regulations for decibel levels throughout the zoning districts and talked about the validity of sound meter readings in court.

Town Planner Washburn explained that restrictions could be added to Code Chapter 17, Article VI. ZONING REGULATIONS GENERALLY which would override other parts of the Code. He also stated that specific controls could be written into the permitted or prohibited use sections for each zoning district.

Mr. MacNeill moved to table any action on extending the prohibition of outdoor music to other districts until the Board could review Sec. 10-13.( Noise) and references in the Code to other district prohibitions to determine how they might apply to the situation. Mr. Fischer seconded. Motion carried unanimously.

The Board also requested that the Secretary contact other municipalities to determine how they handle the permitting of special events.

4. REPORTS AND DISCUSSIONS

A. Review of Chapter 17 to determine outdated laws (Continued from the June 23, 1998 meeting)

1. Mr. MacNeill's review of the remainder of Article VII, Article VIII and Article IX

Ms. Harris moved to table this item until a full Board was present. Mr. Doherty seconded. Motion carried with Mr. Kleving, Mr. Fischer, Ms. Harris and Mr. Doherty voting "yes." Mr. MacNeill voted "no."

5. REPORT FROM BUILDING OFFICIAL

Mr. Barber presented his report for the month of June.

Mr. Barber also reported that he had been approached concerning the construction of a skateboard ramp at a residence on Tradewinds Terrace. He pointed out that the Code only addresses skateboard ramps in Sec. 17-112 which prohibits a ramp user from entering a public right-of-way as a result of the momentum generated by the ramp.

Although Mr. Barber has not yet received any plans for the structure, he has received two complaints on the prospect from neighboring residents.

It was Mr. Washburn's opinion that a skateboard ramp would be considered an accessory building and would have to meet the requirements for such a structure. He also noted that liability might be a problem.

It was the consensus of the Board to not create an issue before an application for a permit even is received and to address the matter, if necessary, at that time.

Mr. Fischer moved to request that the Town Council investigate the possibility and feasibility of a public skateboard ramp in Nance Park. Mr.MacNeill seconded. Motion carried unanimously.

6. REPORT FROM TOWN PLANNER

1. EAR recommendations

Mr. Washburn pointed out that the Board may want to take note of the Transportation Element, page 28, Policy 4.3 concerning Riverside Drive.

He urged the Board to have their questions, comments and recommendations ready within the next two months in order to schedule a Public Hearing in October.

7. ADJOURNMENT

The meeting was adjourned at 6:50 PM.

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Tom Kleving, Acting Chairman

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Barbara Brownlie, Secretary