Agenda

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Chair Robert Schaefer Vice Chair David Wildman Member Xochitl Ross Member Charles Cain Alternate Member Lou Failla

Town Manager James Titcomb Deputy Town Clerk Diane Pennington Building Official Rob Perry Town Attorney Cliff Repperger, Jr.

The Board of Adjustment will conduct a

Board of Adjustment Meeting At 6:30 PM To address the item(s) below.

Meeting Date: April 16, 2015 Meeting Location: Community Center - 509 Ocean Avenue Notice: Board discussion and possible action may occur during any Board Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Public Hearings, Old Business, and New Business. The public is advised that members of the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.

I.

CALL TO ORDER

II.

ROLL CALL

III.

APPROVAL OF MINUTES

IV.

PUBLIC HEARINGS None Scheduled

V.

NEW BUSINESS A. Application for Coastal Variance #2015-02-C, 705 Atlantic Street, Melbourne Beach, FL

VI.

OLD BUSINESS

X.

ADJOURNMENT

TOWN OF MELBOURNE BEACH Board of Adjustment Staff Report – Board of Adjustment Public Hearing- 4.16.2015 1. PETITION DESCRIPTION APPLICANT: Clayton A. Bennett, PE OWNER:

Todd & Carol Schweitzer

ADDRESS: 705 Atlantic Street ZONING DISTRICT: 1-RS Single Family Residential District REQUEST:

The applicant is requesting a Variance from the Town of Melbourne Beach Code Section 5A-4 (a) and (b) “Permitted Structures” within the Coastal Setback Line, as per the applicant package attached as Exhibit “A”. This is a request for a variance of 198.15 feet to allow reconstruction of a single-family home, and a pool and pool deck area seaward of the 1986 Coastal Construction Control Line.

2. BACKGROUND According to the deed included in the application package, the current owner purchased the property on August 29, 2014. A survey prepared by Kane Surveying, Inc. and dated 2/12/15 (Exhibit “B”) shows that the home and other site improvements that existed on the site have been removed. It also shows that the easternmost point of the building was located 201.87’ seaward of the 1986 Coastal Construction Control Line. The “Plot Plan” prepared by Bennett Engineering & Consulting (Exhibit “C”) shows the easternmost point of the proposed structure to be 197.02’ seaward of the 1986 Coastal Construction Control Line, and 30’ landward of the Top of Dune. The special purpose survey prepared by Kane Surveying, Inc., and dated 2/12/15 shows the dune profile from the date of the survey as compared to the dune profile from November 8, 1972. Chapter 5A, Coastal Setback Regulations, of the Melbourne Beach Code of Ordinances regulates construction seaward of the Coastal Construction Control Line. Pertinent sections of Chapter 5A are as follows: Section 5A-2 establishes the coastal construction setback line as the Florida Coastal Construction Line as adopted on December 4, 1986. Section 5A-4(a) states that no major structures shall be constructed seaward of the coastal setback line; and, Section 5A-1 defines majors structures as including single-family homes, swimming pools, etc. Section 5A-6(a) allows the Board of Adjustment to grant variances to Sections 5A-2 and 5A-4 pursuant to a procedure outlined in 5A-6(a) and “where the facts presented at the public hearing demonstrate the following:”

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Town of Melbourne Beach –Board of Adjustment Variance 705 Atlantic Street

1. That the subject property experienced less than 25 feet of beach-dune erosion since September, 1974. The erosion will be measured by determining the extent of horizontal recession from the toe of the dune as it exists at the time of application to the point at the dune as it existed in September, 1972, which corresponds to the same elevation as the toe of the dune as it exists at the time of application; 2. That the granting of the variance will not be injurious to adjacent properties, nor contrary to the public interest; and, 3. That the granting of the variance will not jeopardize the stability of the beach-dune system. In granting any variance, the Board of Adjustment will when reasonable to do so require that new development on the property subject to the variance be no further seaward than existing development to the North or South of the subject property. The application addresses the above items as follows: 1. The enclosed Special Purpose Survey at R-132 prepared by Kane Surveying, Inc., dated February 12, 2015 which shows the dune profile as the dune existed on November 8, 1972 and the beach dune profile as the dune currently exists as of February 12, 2015. The survey demonstrates that less than 25 feet of beach erosion has occurred. In fact, the survey demonstrates that accretion has occurred at the site. 2. The proposed residence and swimming pool will be designed in accordance with the current State Coastal Construction Regulations; Florida Building Code; and FEMA Flood Zone Regulations. The said regulations require the proposed structures to be constructed in pile foundations; designed for hurricane force winds; and be elevated above the 100-year storm event. The proposed structures are located 1) no less than 30’ landward of the Top of Dune, 2) landward of the estimated 30-year erosion line as determined by the FDEP criteria, 3) landward of the FDEP line of continuous construction, and 4) landward of the prior improvements on the subject site. The proposed residence will be designed to meet current FDEP sear turtle lighting requirements. 3. The proposed structures are located 1) no less than 30’ landward of the Top of Dune, 2) landward of the estimated 30-year erosion line as determined by the FDEP criteria, 3) landward of the FDEP line of continuous construction, and 4) landward of the prior improvements on the subject site. The beach dune vegetation is to be preserved. The Florida Department of Environmental Protection (FDEP) is the State Agency responsible for protecting the State beach-dune system. In a consultation letter dated February 25, 2015, Ms. Molly Edson, Permit Manager with FDEP stated that “The building envelope as proposed on the February 19, 2015 site plan appears to be permittable.” Siting the proposed building envelope in accordance with the State Coastal Construction Regulations provides reasonable assurance that the beach-dune system will be protected. 3. STAFF ANALYSIS. The subject request includes a completed Town of Melbourne Beach application for a Variance to the Coastal Setback/Excavation, and required supporting information including letter of authorization, boundary and topographic survey, plot plan, written description of proposed variance, special purpose survey, written description of compliance with standards in Section 5A-6(d), and a letter from the Florida Department of Environmental Protection. Following is the staff analysis of the application in relationship to the standards in Section 5A-6(d):

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Town of Melbourne Beach –Board of Adjustment Variance 705 Atlantic Street

1.

That the subject property experienced less than 25 feet of beach-dune erosion since September, 1974. The erosion will be measured by determining the extent of horizontal recession from the toe of the dune as it exists at the time of application to the point at the dune as it existed in September, 1972, which corresponds to the same elevation as the toe of the dune as it exists at the time of application; As evidenced by the Special Purpose Survey by Kane Surveying, Inc., dated 2-1315, accretion rather than erosion has occurred in this area, and the application complies with this requirement.

2.

That the granting of the variance will not be injurious to adjacent properties, nor contrary to the public interest; and, Granting the variance would allow construction of a new single-family home and other site improvements substantially in the same location as the improvement which previously existed on this property and which, subject to compliance with applicable federal state and local building codes, would comply with this requirement.

3.

That the granting of the variance will not jeopardize the stability of the beach-dune system. In granting any variance, the Board of Adjustment will when reasonable to do so require that new development on the property subject to the variance be no further seaward than existing development to the North or South of the subject property. As proposed the structures are located landward of the Top of Dune, landward of the dune vegetation and subject to compliance with federal, state and local requirements for construction would comply with this requirement.

In making a decision regarding coastal setback variances, Section 5A-6 specifies general conditions of granting a variance include: (1) with regard to any variance granted pursuant to this section after August 1, 2012, if the rights authorized by a variance are not exercised within 730 days of the date of grant of such variance, they shall lapse and may be reestablished only after notice, a new hearing, and an evaluation pursuant to this section; (2) all variances issued pursuant to this se3ction are conditioned upon the development depicted on the survey submitted pursuant to this subsection and will not be applicable to or permit other development; (3) in compliance with 44 CFR 60.3(a)(2), all other applicable state or federal permits must be obtained before the commencement of development. In addition, all new construction must comply with the provisions of Section 7A-31,1-RS Single-family Residential District, and per Section 5A-6(c) the applicant is require to submit detailed final construction plans and specifications to the Town for review and approval.

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Town of Melbourne Beach –Board of Adjustment Variance 705 Atlantic Street

TOWN OF MELBOURNE BEACH Board of Adjustment Staff Report – Board of Adjustment Public Hearing- 4.16.2015

EXHIBIT “A” Application Package

Town of Melbourne Beach –Board of Adjustment Variance 705 Atlantic Street

TOWN OF MELBOURNE BEACH Board of Adjustment Staff Report – Board of Adjustment Public Hearing- 4.16.2015

EXHIBIT “B” Survey

Town of Melbourne Beach –Board of Adjustment Variance 705 Atlantic Street

TOWN OF MELBOURNE BEACH Board of Adjustment Staff Report – Board of Adjustment Public Hearing- 4.16.2015

EXHIBIT “C” Plot Plan

Town of Melbourne Beach –Board of Adjustment Variance 705 Atlantic Street

Town of Melbourne Beach Board of Adjustment Notice of Public Hearing The Board of Adjustment will hold public hearings on Thursday, April 16, 2015 at 6:30 PM in the Community Center, at 509 Ocean Avenue, to hear interested persons in regard to the requested variance application: Variance Application #2015-02-C - 705 Atlantic St. This is a request to allow a 198.15 feet variance from the Town of Melbourne Beach’s Coastal Construction Control Line (Sections 5A 2 – 5A 4) for the reconstruction of a single-family residence consistent with Section 5A of the Town of Melbourne Beach’s Land Development Code. Property Description: The property is legally described as Parcel ID: 28-38-50-00005.0-0018.00 Legal Description: Lot 18, Block 5, MAP OF REPLAT OF BEAUJEAN PLAT OF MELBOURNE BEACH AS RECORDED IN PLAT BOOK 9, PAGE 12 AND MAP OF FIRST ADDITION TO BEAUJEAN PLAT OF MELBOURNE BEACH AS RECORDED IN PLAT BOOK 9, PAGE 40, according to the plat thereof, recorded in Plat Book 9, Page(s) 51, of the Public Records of Brevard County, Florida. The application was submitted by Clayton A. Bennett, PE, on behalf of Todd & Carol Schweitzer, property owners. This matter is subject to quasi-judicial rules of procedure. Interested parties should limit contact with the Board of Adjustment on this topic to properly noticed public hearings or to written communication to the Town Clerk's Office. Pursuant to Section 286.0105, Florida Statutes, the Town hereby advises the public that: If a person decides to appeal any decision made by this Board with respect to this or any matter considered at its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Town for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The needs of a hearing or visually impaired person shall be met if the Town of Melbourne Beach is notified at least 48 hours prior to the public hearing by any person wishing assistance. Diane Pennington, Deputy Town Clerk Town of Melbourne Beach 507 Ocean Avenue Melbourne Beach, Florida 32951 Phone 321-724-5860 Fax 321-984-8994

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