Board of Adjustment

                                                                                    Regular Meeting

                                                                                    August 23, 2007

 

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The Board of Adjustment of the Town of Melbourne Beach, Florida met in regular session on Thursday, August 23, 2007 in the Community Center, 509 Ocean Avenue, beginning at 6:35 p.m.

 

Present were Chairman Robert Schaefer, Vice-Chairman David Wildman, Lou Failla and Alternate Members John Remark and Mike Rowe. Absent were: Members Xochitl Ross and Charles Tennant. Also in attendance were Town Manager Jim Bursick, Town Attorney Paul Gougelman, Building Official Bill Whitelock 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 July 25, 2007, which was seconded by Member Failla.  The motion carried unanimously.

 

Chairman Schaefer welcomed Town Attorney Paul Gougelman back.

 

Public Hearing

 

Chairman Schaefer read the Special Exception Application for consideration, he noted that the Special Exception Application 1 – 2007 was continued from the June 28, 2007 Regular Meeting

 

Special Exception Application 01-2007 Town of Melbourne Beach Land Development

Code, Section 7A-36(d) (3), Special Exception:  Eating and drinking establishments. 

 

The property is legally described as Lots 1 through 6, Exchwy R/W, Block 5, as recorded in Plat Book 1, Page 58 of the Public Records of Brevard County, Florida.   

 

This application was submitted by Djon Pepaj restaurant owner.  The subject property is the former Boomerang Restaurant having a street address of 1009-1011 Atlantic Street, Melbourne Beach, FL  32951.

 

Chairman Schaefer stated that there was a problem with the previous Special Exception and the property owner has requested a continuance until the October 25, 2007 regular meeting.

 

Vice Chairman Wildman made a motion to grant the continuance until the October 25, 2007 regular meeting, which was seconded by Member Failla.  The motion carried unanimously.

 

Chairman Schaefer stated that the next item on the agenda was Variance Re-Hearing Application 08-2006, he noted that this was continued from the April 5, 2007 Special Meeting.

 

Variance Application 08 -2006 Town of Melbourne Beach Land Development Code, Sections:

 

7A-37(f)(7)d. – 7-C, General Commercial District rear yard setback;  Minimum yard requirements – rear yard corner lot setback adjacent to residential zoning - 25 feet from lot line;  In order to allow construction of a new building less than 25 feet from the lot line, specifically 7 feet for a requested variance of 18 feet;

 

7A-37 (f)(8)a. – 7-C, General Commercial District front yard setback; Minimum yard requirements – front yard canopy and pump setback 30 feet from lot line; In order to allow a construction of a new canopy less than 30 feet from the lot line, specifically 25.9 feet for a requested variance of 4.1 feet;

 

7A-37(f)(8)b. – 7-C, General Commercial District curb cuts required for a gasoline service station – In order to allow construction of one curb cut rather than the two required on each street frontage, specifically for a requested variance of two curb cuts;

 

7A-50 Off Street Parking required for the combined uses including service bays, gasoline pumps, and retail sales – In order to construct 25 of the required 27 parking spaces in a manner that complies with code requirements and two spaces that do not comply with code requirements, specifically for a requested variance of 2 parking spaces;

 

7A-50 Loading zone requirements in order to locate the loading zone in the access way to the garbage dumpster contrary to code requirements, specifically for a requested variance of 1 loading zone.

 

The property is legally described as The East 50 feet of Lot 24 and all of lots 25 and 26, Block “1” Graves Plat of Melbourne Beach, according to the Plat thereof, as recorded in Plat Book 1, Page 38, Public Records of Brevard County, Florida. 

 

This application was submitted by Thijs Stelling, property owner of the site located at 904 Oak Street, Melbourne Beach, Florida.

 

Chairman Schaefer advised the Board that Town Attorney Paul Gougelman was handling this case, that he recommended, based on the order to continue this meeting until October 25, 2007.

 

Vice Chairman Wildman made a motion to grant the continuance until the October 25, 2007 regular meeting, which was seconded by Member Failla.  The motion carried unanimously.

 

The meeting duly adjourned at 7:40 P.M.

 

                                                                                _________________________

                                                                                    Robert Schaefer, Chairman

 

ATTEST:

 

 

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Lenore R. Milan, CMC

      Town Clerk