Board
of Adjustment
Regular
Meeting
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The Board of
Adjustment of the Town of Melbourne Beach, Florida met in regular session on
Present were Chairman
Robert Schaefer, Vice-Chairman David Wildman, Members Xochitl Ross and Lou Failla.
Absent were Member Charles Tennant and Alternate Member Remark. Also in attendance were Town Manager
Chairman Schaefer
called the meeting to order.
Approval of Minutes
Member Failla amended the minutes to read Member Ross made a
motion that the Special Exception Application, as presented, be denied which
was seconded by Member Failla.
Member Failla made a motion to approve the
Public Hearing
Chairman Schaefer read the Special Exception Application
for consideration, he noted that the
Special
Exception Application 1 – 2007 was continued from the
Special Exception Application 1-2007 Town of
This
application was submitted by Djon Pepaj, restaurant owner. The subject property has a street address of
Mr. Cliff Repperger,
1800 W. Hibiscus, of Gray Robinson, P.A., representing Mr. Pepaj, stated that
he didn’t believe that this Special Exception is required, that this facility
had a Special Exception, it was a restaurant before, not changing anything.
There was a
discussion regarding a Special Exception running with the land, whereby the
Town Attorney Gary Sack said no.
Chairman Schaefer proceeded
to review each item on the application.
There was a
discussion regarding the reduction made of the parking spaces from 87 to 81,
the refuse and service areas brought to meet the necessary conditions, that the
utilities were not an issue, the lighting shall conform and will comply, yards
to have open spaces, the building heights remaining the same, the existing
landscaping will be embellished, the hours of operations reasonable, and it was
stated that they were willing to meet other and all criteria requested by the
Board.
Mr. Dijon Pepaj,
A discussion ensued
regarding the timeframe for the completion of this project, with an 18-month
timeframe which would begin 30 days after the issuance of a permit. There was a
review of the parking spaces.
The meeting was
opened to the public.
Mr. Will Lucas, 208
First Ave, was sworn-in and spoke about Boomerangs, the sights and smells was a
concern, but he said he did welcome a restaurant there, He asked about outside music and approval of
stairs for a beach access.
Town Planner Ragsdale
explained that the Town would have to approve any modifications to the plan and
so would the Department of Environmental Protection.
Ms. Linda Nelson, 421
Ave A was sworn-in and asked if the applicant complied with the seats and
parking spaces, that the present building was an eye sore and was happy to have
a quality restaurant.
Mr. Bill Hoskovec, 526
Ave B, stated that Mr. Pepaj has made many attempts with this application; that
the site plan issues are not the Board, but the Building Official’s
responsibility to approve.
Town Planner Ragsdale
advised of his many years of experience.
Mr. Pepaj asked as to
what, specifically was requested of him by the Board.
Town Planner Ragsdale
explained that the engineer should seal the plans, the parking should include
the dimensions and the drawing should show what you are actually doing.
Vice Chairman Wildman made a motion to continue this item to
the
Mr. Pepaj was advised
that a package for the Board of Adjustment was to be submitted to the Town
Clerk by
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Chairman Schaefer
stated that the next item on the agenda was Variance Application 5 – 2007 to
allow for excavation for construction of auger cast piles at
Mr. William Stoddard
of Schulke, Bittle & Stoddard, L.L.C.,
Chairman Schaefer
read the required questions and the answers that were given on the application.
He then proceeded to thank Mr. Stoddard for one of the best applications ever
submitted.
Vice Chairman Wildman made a motion to approve Variance
Application 5-2007, which meets all requirements, requiring no conditions,
which was seconded by Member Ross. The
motion carried unanimously by those members present.
Chairman Schaefer
stated that the next item on the agenda was Variance Application 08– 2006
Chevron Station
Chairman Schaefer stated that there was no one representing
this variance present. Town Attorney
Sack advised that the Chevron Station continued this once before, the court
issued an order, the Town will respond to that order in a couple of weeks. He recommended it be continued until the July
meeting.
Member Ross made a motion to continue the Chevron Variance
Application 08-2006 to the
Town Planner Ragsdale spoke about the interpretation of a
Special Exception renewal and termination dates.
Member Failla made a
motion to adjourn the meeting which was seconded by Member Ross.
The meeting duly
adjourned at
_______________________
Robert
Schaefer, Chairman
ATTEST:
_______________________
Lenore R. Milan, Town
Clerk