Board of Adjustment

Regular Meeting

July 26, 2007

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The Board of Adjustment of the Town of Melbourne Beach, Florida met in regular session on Thursday, July 26, 2007 in the Community Center, 509 Ocean Avenue, beginning at 6:30 p.m.

Present were Chairman Robert Schaefer, Vice-Chairman David Wildman, Members Xochitl Ross and Charles Tennant and Lou Failla. Alternate Members John Remark and Mike Rowe in audience. Also in attendance were Town Attorney Gary Sack, Planning Official Dennis Ragsdale and Town Clerk Lenore Milan.

Chairman Schaefer called the meeting to order.

Approval of Minutes

Vice Chairman Wildman made a motion to approve the Minutes of June 28, 2007, which was seconded by Member Tennant. The motion carried unanimously.

Public Hearing

Chairman Schaefer advised that his property is located in the 500’ radius, with the redesign showing the drive-thru right directly in his backyard, which he believes constitutes a conflict of interest, since it may cause devaluation in his property, he is recusing himself and called upon Alternate Member John Remark to step up to the dais.

Vice Chairman Wildman read the Special Exception Application 6-2007 for consideration.

Special Exception Application 6-2007 Town of Melbourne Beach Land Development Code

Section 7A-38 (d) (1), Special Exception: Retail Stores. The property is legally described as

Lot 23 and the west 10 feet of Lot 24, Block 1, Graves Plat of Melbourne Beach, and Lots 21

and 22 and the east 26 feet of Lot 20, Block 1, Graves Plat of Melbourne Beach, as recorded

in Plat Book 1, Page 38 of the Public Records of Brevard County, Florida.

A special exception is required for a business wishing to locate in the 8-B, Residential-Business Zoning District, as designated by the Town of Melbourne Beach.

An application was submitted by Florida Property Investment Partners, Inc. of 401 E. Las Olas Blvd, Suite 1000, Fort Lauderdale, FL., proposing a Walgreens. The subject properties are vacant lots immediately west of the Chevron Station having street addresses of 406 and 408 Ocean Avenue, Melbourne Beach, FL 32951.

Ms. Kimberly Bonder Rezanka of Dean Mead, 8420 Devereux Drive, Viera, represented Florida Property Investment Partners, Inc., also present was Scott Copeland of Florida Property Investment Partners, Inc. and there was a representative from Miller, Legg.

Ms. Rezanka stated that she filed the Special Exception Use on behalf of the Florida Investment Partners, Inc., Melbourne Beach Enterprises, Inc. and Island Developers, Inc.,

and had the authorization letters submitted with the application.

There was a discussion regarding whether it would be proper for this application to be heard since there is currently a pending variance application for the Chevron Gas Station, which was continued until the August 23, 2007 Board of Adjustment meeting, and which is presently in Circuit Court.

Vice Chairman Wildman stated that if this Board were to grant this Special Exception Use and the Court has not yet rendered a decision regarding the Chevron Station, would this be proper. He requested a legal opinion from the Town Attorney.

Town Attorney Sack advised that, on behalf of the Town, at this time, the Board grants Town’s motion to continue this matter

Town Attorney Sack advised that the Planning and Zoning Board have a new regulation pending that would affect use of this property. He advised to continue this item until October Meeting

Vice Chairman Wildman asked if the Board members agreed.

Member Tennant stated that he did agree to wait until the October 25, 2007 meeting, but inquired if this would be enough time.

Town Attorney Sack advised that there was no way of knowing.

Member Tennant made a motion to continue this item until the October 25, 2007 Board meeting, which was seconded by Member Failla.

Ms. Rezanka stated that the Final Order being appealed was by the owner of the gas station, she said they were here to present a Special Exception Application on behalf Florida Property Investment Partners, Inc.

She advised that if we didn’t continue, it was totally improper, this was in the pipeline since last October. She stated that this was Administrative procrastination, bad faith, arbitrarily go to change the law so this Walgreens would be affected

No Writ of Certiorari, ask you deny.

Member Ross stated that it seems to be a legal matter between

Ms. Rezanka stated that if the Special Exception is not used, it goes away.

Ms. Wendy Murray, owner of 406 and 408 Ocean Avenue, stated that this was a different piece of property, Mr. Stelling’s variance has to do with his gas station, he has a signed contract, and he has two options, so he can do whatever he wants.

Vice Chairman Wildman advised that they both applied to one agent for the Special Exception.

The motion carried 4-1, with Member Ross voting nay.

This item will be continued to the October 25, 2007 Board of Adjustment Meeting at 6;30 P.M.

The meeting duly adjourned at 6:50 P.M.

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Robert Schaefer, Chairman

ATTEST:

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Lenore R. Milan, CMC, Town Clerk