Board of Adjustment

 

Regular Meeting

Thursday, October 25, 2007

MINUTES

 

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The Board of Adjustment of the Town of Melbourne Beach, Florida met in regular session on Thursday, October 25, 2007 in the Community Center, 509 Ocean Avenue, and beginning at 6:30 p.m.

 

Present were Chairman Robert Schaefer, Vice Chairman David Wildman, Members Xochitl Ross, Charles Tennant, Lou Failla & Alternate Member John Remark. Alternate Member Mike Rowe was absent. Also in attendance was Deputy Town Clerk Marion Noe, Town Clerk Lenore Milan & Building Official Bill Whitelock.

 

Chairman Schaefer called the meeting to order.

 

Public Hearing

 

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.

 

This application was continued until January 24, 2008 per request of the applicant.

 

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Variance Application 08-2006 Re-Hearing 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.

 

The re-hearing was continued until November 14, 2007 due to litigation. 

 

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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 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 Walgreen’s.  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.

 

This application was continued per the applicants request until the November 15, 2007 regular meeting.

 

Variance Application 7-2007 Town of Melbourne Beach Land Development Code, Section 7A-50 (D) Off Street Parking – Loading Requirements - Reducing the number of loading zones from four (4) to one (1) loading zone.

 

The property is legally described as Lot 23 and the west 10 feet of Lot 24, Block 1, Graves Plat of Melbourne Beach, Lots 21 and 22 and the east 26 feet of Lot 20, Block 1, Graves Plat of Melbourne Beach, and all of Lots 25 and 26 and the east 50 feet of Lot 24, Block 1, Graves Plat of Melbourne Beach, as recorded in Plat Book 1, Page 38 of the Public Records of Brevard County, Florida.   

 

An application was submitted by Florida Property Investment Partners, Inc. of 401 E. Las Olas Blvd, Suite 1000, Fort Lauderdale, FL., proposing a Walgreen’s.  The subject properties have street addresses of 406 and 408 Ocean Avenue, and 904 Oak Street, Melbourne Beach, FL  32951.

 

This application was continued per the applicants request until the November 15, 2007 regular meeting.

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Variance Application 8-2007 Town of Melbourne Beach Land Development Code, Section 7A-57 Accessory structures - (e) – Swimming pools. To allow construction of swimming pool in the front yard and forward of the front building line, but behind the front yard 25’ set back line, and Section 7A-53 Fences and walls to allow for construction of visual screen and (Traffic) sound reduction wall height increase from allowable 4’ high to 8’ high and 12’ at courtyard entry at street-side of front yard.  The property is legally described as Beaujean’s, Replat of Blocks 1, 3 Plat of Melbourne, Lot 3 & N 50 feet of Lot 4 Block 1, Plat Book/Page 0010/017A, of the Public Records of Brevard County, Florida.   

 

This application was submitted by Delaware Trust Company, NA Trustee. The subject  property has a street address of 105 Oak Street, Melbourne Beach, FL  32951.

 

Chairman Schaefer announced that this variance application will be heard at a special meeting on November 8, 2007.

 

Appeal of Administrative Decision Application 9-2007 Mrs. Kristen M. Saunders of 301 Ocean Avenue, is appealing the decision of the Town of Melbourne Beach determination that there shall be a non-solid masonry wall built between the subject property and the neighboring residential property, as per Section 7A-53.

 

The property is legally described as the west half of Lot 22 and all of Lot 23 Block 3, Wilcox Plat of Melbourne Beach, Brevard County, Florida, Plat Book 1 Page 58.   

 

An application was submitted by Mrs. Kristen M. Saunders.  The subject properties have street address of 320 First Avenue, Melbourne Beach, FL  32951.

 

Chairman Schaefer announced that this appeal will be heard at a special meeting on November 8, 2007.

 

Appeal of Administrative Decision Application 10-2007 M. Barry Construction, Inc. of 1100 Atlantic Street, is appealing the decision of the Town of Melbourne Beach determination that the current use of the property is a 2,000 square foot single family story duplex.  The structure is situated on the lot with a 3’4” setback to the south and a 9’6” setback to the north.  These setbacks constitute a non-conforming structure on the property.  The new building proposed will be a two-story 8,352 (5,200 square feet net or occupiable space) square foot duplex constructed on the existing foot print.  The determination is that the new structure will expand and extend the non conformity, and is therefore, not an allowable use, as per Article V Nonconforming Uses, Section 7A-80 Intent

 

The property is legally described as Lot 7 & N 44 Feet of Lot 8, Block 7, Wilcox Plat of Melbourne Beach, Brevard County, Florida, Plat Book 1 Page 58.    

 

An application was submitted by Mr. Michael Barry of M. Barry Construction, Inc.  The subject properties have street addresses of 1100 Atlantic Street and 1102 Atlantic Street, Melbourne Beach, FL  32951.

 

Chairman Schaefer announced that this appeal will be heard at a special meeting on November 8, 2007.

 

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The meeting adjourned at 6:38 pm.

 

                                                                                    ATTEST:

 

 

__________________________                                            _________________________________

Robert Schaefer, Chairman                                            Marion Noe, Deputy Town Clerk