Melbourne Beach board approves DEP-backed coastal variance for 305 Oak Street
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Summary
The Melbourne Beach board unanimously approved a variance allowing construction seaward of the coastal construction control line at 305 Oak Street after staff and the applicant confirmed a state permit from the DEP; the board flagged wording about 'accretion' and requested a correction about a retaining-wall dimension.
The Melbourne Beach board voted unanimously Nov. 29 to approve a variance for construction seaward of the coastal construction control line at 305 Oak Street after staff said the state had issued a permit.
Staff told the board that the subject property had experienced less than 25 feet of beach and dune recession since Sept. 1972 and that the application complies with local and state requirements; staff noted a new single-family home permit had been issued in connection with the project. Clayton Bennett, the applicant’s engineer, introduced himself and said, “The state permit has been issued,” and that state inspectors will require samples and beach-compatible sand for any material brought seaward of the control line.
The board asked technical questions about the proposal, including whether about 1,330 cubic yards of fill would be brought onto the site; the applicant said that volume reflects the site’s lowered topography and that the work and materials will be regulated and inspected by DEP staff. Members also asked about an indicated elevation for an understructure parking slab (listed as 16 on the drawings) and identified a typographical error in the project materials that listed a “maximum 6 inch high breakaway retaining wall”; staff and the applicant said the intent is a maximum 6-foot breakaway retaining wall and that they will ask the state to correct the record.
Board members also challenged wording in the staff report that described the beach as "accreting," saying that in this location sand was placed by the Corps of Engineers and that ‘accretion’ implies natural deposition. Staff and the applicant responded that the controlling regulatory test cited in the materials looks at measured horizontal recession (less than 25 feet) rather than whether new sand was naturally accreted.
After closing the public hearing, a member moved to accept the variance and the board voted unanimously in favor. No public speakers opposed the application in the hearing record.
Next steps noted on the record: the applicant must comply with applicable federal and local building codes, site-specific DEP pre-construction inspection requirements, and any corrections to plan language requested by staff.