TOWN OF I N D I A L A N T I C

Brevard County, Florida 32903

SPECIAL LOCAL PLANNING AGENCY/ZONING AND PLANNING BOARD

October 29, 1998 Indialantic Town Hall

AGENDA NO. 99-2

MINUTES OF A SPECIAL ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON OCTOBER 29, 1998

Present: Victor Kostro, Chairman

Michael Fischer, Member

Thomas Kleving, Member

John MacNeill, Member

Robert Doherty, Alternate

Brian Barber, Building Official

Les Barlow, Interim Town Manager

Barbara Brownlie, Secretary

Absent: Bruce Bogert, Vice Chairman (excused)

1. CALL TO ORDER AT 5:30 PM

Mr. Kleving was nominated as acting Chairman and called the meeting to order at 5:30 PM.

2. PERMIT REVIEW

A. 401 Second Avenue - Fence Permit

Building Official Brian Barber advised that Ms. Bottge, the resident at 401 Second Ave., had purchased the three lots behind her property to construct a swimming pool and had applied for and been issued a fence permit to enclose the pool. Because a corner lot is invloved, Mr. Barber required a 10' setback on the side and a 25' foot setback from the rear property line on Third Ave. He stated that the pool and fence are nearly completed.

Mr. Barber explained that a neighboring resident had objected to the fence placement and was requesting that the Board determine if any zoning codes had been violated in issuing the permit.

Bill Vernon, 510 Watson Ave., objected to the height of the fence and the fact that it obscures such a large area.

Vince Benevente, 427 Oakland Ave., maintained that the permits for the pool and fence should never have been issued because two different property parcels were involved and an accessory structure can not be erected on a parcel without a residence.

Ms. Bottge explained that a 6' fence is required by code to enclose a pool and that the setback required by the building official greatly diminshes the size of her backyard.

The Board discussed the definition of rear yard as defined in the code and found nothing to prohibit the fence structure. They advised that if Ms. Bottge combined all the lots on one deed it could resolve any questions. They also encouraged the planting of vegetation to "soften" the visual effect.

Mr. MacNeill moved that the Board find that the fence meets all the requirements as provided in the zoning code. Mr. Doherty seconded. Motion carried unanimously.

3. ADJOURNMENT

The meeting adjourned at 6:05 PM.

_________________________ Tom Kleving, Acting Chairman

_______________________________

Barbara Brownlie, Secretary