Board of Adjustment

Special Meeting Minutes

January 17, 2008

 

The Board of Adjustment of the Town of Melbourne Beach, Florida met for a special session on Thursday, January 17, 2008 in the Community Center, 509 Ocean Avenue beginning at 6:30 p.m.

 

Present were Chairman Robert Schaefer, Vice Chairman David Wildman, Members Lou Failla, John Remark, Xochitl Ross and Alternate Member Mike Rowe. Alternate Member Neal Tompkins was absent. Also in attendance were Town Manager Jim Bursick, Town Attorney Paul Gougelman and Building Official Bill Whitelock.

 

Chairman Schaefer called the meeting to order.

 

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Approval of Minutes

 

Vice Chairman Wildman requested a change to page 13 of the November 26, 2007 minutes to read:  “Member Remark made a motion to continue the consideration of Variance 07-2007 on January 17, 2008”

 

Vice Chairman Wildman made a motion to approve the minutes of the November 26, 2007 meeting, as amended, which was seconded by Member Failla. The motion carried unanimously.

 

Chairman Schaefer recused himself from the hearings, due to the property of the project in relationship to his property and the affect it would have on his property value.

 

Member Failla disclosed that he had contacted the traffic engineer for the applicant.


Member Ross stated that she had a sign in her yard and received a letter from Susie Daley.

 

Vice Chairman Wildman advised that he had also received a letter from Susie Daley.

 

Alternate Member Rowe advised his wife had placed a sign in their yard and had received the same letter as the other Board members.

 

Vice Chairman Wildman advised that the first item on the agenda was Variance Application 7-2007.

 

Town Attorney Gougelman advised that this Variance Application was continued from the

 November 26, 2007 Special Meeting.  He then read:

 

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 Walgreens.  The subject properties have street addresses of 406 and 408 Ocean Avenue, and 904 Oak Street, Melbourne Beach, FL  32951.

 

 

 

Town Attorney Gougelman advised that this Special Exception Application was continued from

 the November 26, 2007 Special Meeting.  He then read:

 

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 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.

 

Town Manager Bursick commented on the request for a continuance until February 7th or the 21st,

 

There was a discussion regarding a date for re-scheduling these hearings.

 

Town Attorney Gougelman asked the applicant why there was an urgency to have the meeting on the 7th as previously requested.

 

Ms. Rezanka advised that the applicant was closing on the property at the end of April.  Therefore, the applicant did not need to have the hearing on February 7th as originally requested.

 

Member Failla asked Mr. Gougelman what the Board’s options were for approving the continuance.

 

Town Attorney Gougelman advised that the Board could hear it tonight or continue it.

 

Member Ross made a motion to continue the hearings for the Variance and Special Exception applications to February 21, 2008, which was seconded by member Remark.

 

It was requested that if the plans are available, to have them available to  the public by February 8, 2008.

 

The meeting was duly adjourned at 6:50 p.m.

 

           

                                   

                                                                        ___________________________

                                                                           Robert Schaefer, Chairman

                                                                                     

ATTEST:

 

 

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    Lenore R. Milan, CMC, Town Clerk