MINUTES
TOWN OF INDIALANTIC
BOARD OF ADJUSTMENT
May 15, 2017
A Meeting of the Indialantic Board of Adjustment was held on Monday, May 15, 2017, in Indialantic Town Hall, 216 Fifth Avenue, Indialantic, Florida 32903, as publicly noticed.
1. CALL TO ORDER:
Chairman Wright called the meeting to order at 5:31 p.m.
PRESENT: Doug Wright, Chairman
David A. Justice, Vice-Chairman
Safvat Kalaghchy, Member
Chris Campbell, 1st Alt.
Paul Gougelman, Attorney
Christopher W. Chinault, Town Manager
Cliff Stokes, Building Official
Joan Clark, Town Clerk
ABSENT: Brian Dullaghan, Member
Bud Evans, Member
Jeffrey Schulte, 2nd Alt.
2. APPROVAL OF PRIOR MEETING MINUTES:
A. Minutes 17-02 – April 13, 2017
MOTION by Mr. Kalaghchy; Seconded by Mr. Campbell, to approve the minutes of the April 13, 2017 Board of Adjustment meeting.
AYES: Wright, Justice, Kalaghchy, and Campbell
THE MOTION CARRIED UNANIMOUSLY. (4 TO 0)
3. VARIANCE REQUESTS:
A. A variance request filed by Mark Gilliam regarding Indialantic By The Sea Lot 15, Block 7, 402 Fifth Avenue, Indialantic, Florida 32903. A variance is being requested to Code Section 17-126(3)(zz) – All uses that are not permitted uses. The applicant is asking to open a tattoo company. Tattoo companies are not expressly permitted under Section 17-126(1) or elsewhere in the Code.
Mr. Wright provided a brief overview of Robert’s Rules of Order and the conduct of the meeting.
Applicant Mark Gilliam, 605 Citrus Court, Melbourne Beach, advised he was regulated by the State of Florida and didn’t understand why he couldn’t be in business in Indialantic. Mr. Wright advised that the Town’s Code didn’t specifically allow tattoo establishments. In response to a question posed by the Board, Mr. Gilliam advised that he would be leaving the location he currently worked under.
Mr. Wright opened the hearing to the public.
Ms. Betty Pappas, 705 S. Ramona, questioned as to the proposed location of the tattoo establishment. Mr. Wright advised the business was proposed for the north west corner of Fifth and Ramona (in the area of the barber shop).
Mr. Bud Nicol, 500 S. Ramona, stated that Mr. Gilliam was amenable to restricting his business to tattoos only. He considered Mr. Gilliam’s work as art and he had no concerns about this type of business.
Ms. Faith Leona, 142 Fifth Avenue, spoke in favor of the application.
Mayor Berkman noted that the Board was voting on whether the Code allowed this type of business. He stated he had no issue with the application.
There being no further comments from those in the assembly, Mr. Wright closed the public portion of the hearing.
Mr. Wright read a letter and email received regarding the application into the record.[1]
Mr. Gougelman believed the Board was somewhat handcuffed as the applicant was asking for a variance, not an interpretation, and use variances were not permitted. He noted that if this was an interpretation, the board might look at what existing uses there are that might be similar (i.e. doctor’s office or beauty salon).
Lengthy discussion was held with regard to similar uses and options for approval of the business.
MOTION by Mr. Campbell; Seconded by Mr. Justice, to deny the request for variance with the recommendation the applicant reapply and the Town Council update the Town’s Code to permit tattoo establishments as a permitted use in certain commercial areas of the Town.
AYES: Wright, Justice, Kalaghchy, and Campbell
THE MOTION CARRIED UNANIMOUSLY. (4 TO 0)
B. A variance request filed by Joseph Paolucci regarding Indialantic By The Sea Section A, Lot 1 and the north ½ of Lot 17, Block 72, 403 Twelfth Avenue, Indialantic, Florida 32903. A variance is being requested to Code Section 17-88(3)(b) – Setbacks. The applicant is asking for a 3.9 foot variance in the northeast corner of the property and a 3.2 foot variance in the southeast corner of the property from the required ten foot (10’) setback for a fence.
Applicant Joseph Paolucci, 403 Twelfth Avenue, Indialantic, advised his fence had been taken down by Hurricane Matthew. He noted that he installed new sod, sprinklers, and replaced the fence, but the fence was found to be in violation of setbacks upon inspection. He claimed a practical difficulty in that he would have to move the sprinklers and sod, and the fencing in the proper setback would leave a space of 4.5 and 4.2 feet between the fence and hedge where people could hide.
Mr. Campbell questioned as to how long Mr. Paolucci had lived in the residence. Mr. Paolucci advised he had lived in the home for approximately one year.
Mr. Justice asked if the fence had been replaced in exactly the same place as previously located. Mr. Paolucci advised it had, and noted that the contractor had pulled a permit for the job.
Mr. Campbell pointed out that the Town had been trying to send a signal to contractors; the perception is they can do things and then go get a variance. Mr. Paolucci advised that if he had known about the issue, he would have requested the variance first.
Mayor Berkman, 225 Eighth Avenue, stated that the homeowner found himself in this situation through no fault of his own. He noted that the fence could not be seen from the south, and the foliage was already there.
Mr. Don Daube, 801 South Ramona, advised that his property faced Mr. Paolucci’s. He indicated that the fence could not be seen and he had no problem with it. He believed the dead space between the hedge and the fence was worse than the setback issue.
Mr. Russ Grunewald, 705 South Ramona, didn’t believe Mr. Paolucci should be held accountable for what someone else did. He stated that, as a neighbor, he was not opposed to the variance application.
Ms. Sandra Gauthier, 809 South Ramona, stated she was not opposed to the fence remaining where it was.
There being no further comments from those in the assembly, the public portion of the hearing was closed.
Following brief discussion among board members, Mr. Gougelman advised that the believed there was a basis to approve the variance on a practical difficulty.
MOTON By Mr. Justice; Seconded by Mr. Kalaghchy, to grant the variance, based on a practical difficulty, with the stipulation that if it comes down, another variance would have to be applied for.
AYES: Wright, Justice, and Kalaghchy
NO: Campbell
THE MOTION CARRIED 3 TO 1.
4. ADJOURNMENT.
The meeting adjourned at 6:36 p.m.
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Doug Wright, Chairman
ATTEST:
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Joan Clark, Clerk/Secretary
Board of Adjustment Minutes No. 17-03 May 15, 2017
Page 4 of 4
[1] See Exhibits A and B to minutes.