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 Alternate
Member John Remark. Absent were Members Charles Tennant and Lou Failla. Also in attendance were Town Manager
Chairman Schaefer
called the meeting to order.
Approval of Minutes
Member Ross amended the minutes to read seats rather than
parking spaces, in the last paragraph on page one.
Vice Chairman Wildman 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
Chairman Schaefer stated that this application has been
continued due to the fact that, at the last meeting, documentation was not
submitted in a timely fashion, and that if the Board does not have it timely, you will
have to re-apply.
Town Attorney Sack
stated that a motion was needed, nothing in the Code that supports not allowing you even if they submitted this
late. He said the Board should go ahead
and continue to the next meeting. There
was a discussion regarding the process.
Mr. Cliff Repperger,
1800 W. Hibiscus, of Gray Robinson, P.A., representing Mr. Pepaj, stated that they
did submit plans consistent with the Code,
with the final seating capacity at 75.
He advised that he requested all the information on Boomerangs, which was
responded to timely from the Town. He
then presented Document #1, a copy of the Board of Adjustment meeting minutes
of
Mr. Repperger
presented document #2, a copy of the Final Order of approval dated June 20,
1989, with conditions that the Planning and Zoning Board review the final site
plan, and that it also be approved by the Town Commission, and that the parking
lot meet all Ordinance requirements. With the
Document #3 was a
copy of the
Document #4 was a copy
of agenda and minutes of the
Document #5 was a
copy of page 12 of the Town Commission meeting of
Document #6 was a copy
of a Business Occupational License application dated
Document #7 was a copy
of a letter dated
Document #8 was a copy
of a Business Occupational License application dated
Mr. Repperger
presented this documentation (copies of each are attached for the record) and
stated that this should be considered a restoration.
There was a
discussion with Town staff and the Town Attorney regarding the Special
Exception.
Town Attorney Sack
stated that the applicant is asking that the Special Exception go forward.
Mr. Repperger stated
that he was requesting a continuance, that the staff and Town Attorney may
resolve this.
Vice Chairman Wildman made a motion to continue this item at
the
Town Planner Ragsdale
spoke about the series of variances that would be required, including parking
on
The motion carried, by those members present.
***
The next item on the
agenda was the review of conditions related to
Mr. Richard Torpy, 202
N. Harbor City Blvd, representing Burrito Beach, advised that this Special
Exception is not up until August.
Member Ross stated
that the Board did not receive a complete package.
There was a
discussion regarding any complaints with regard to
Vice Chairman Wildman inquired as to
whether this was noticed.
Town Manager Bursick
stated that there was no renewal application, that the Town did not, at the
present time, have a process for this.
Vice Chairman Wildman stated that the
neighbors need to have an opportunity to voice their opinion.
Mr. Torpy stated that
the Town did not have expirations, and no process in seeking renewal.
Vice Chairman Wildman stated that the
Board did not feel that the applicant was imposed upon, and that notice should
be made to the surrounding areas.
After a brief
discussion regarding notices to the areas, and with Mr. Torpy out of town for
the next Board of Adjustment Regular meeting, a special meeting on
Mrs. Gail Gowdy, 215
Ash Ave, spoke about Section 7A-152 regarding duties of the Board with Special
Exceptions renewal and termination dates; one of Burrito Beach’s conditions was
a renewal date in August, doing it prior is an untimely appeal.
Mr. Terry Williamson,
Town Attorney Sack
stated that if the Board approves a month early, to be consistent with the Code, they could make it effective after
the one-year expiration date. He said if
anybody has complaints, they should send them to the Building Official and come
to the Board of Adjustment and get their information into the record.
Town Attorney Sack
advised that the Town Clerk was asking who will pay for the notices and
advertising.
Chairman Schaefer advised
that the applicant should pay for the notices and advertising.
Vice Chairman Wildman made a motion to move this Special
Exception Use to
The motion carried by those members present.
***
The meeting duly
adjourned at
_______________________
Robert
Schaefer, Chairman
ATTEST:
_______________________
Lenore R. Milan, Town
Clerk