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Planning board approves rebuild at 3073rd Avenue after debate over disaster/nonconforming setback rule
Summary
The Melbourne Beach Planning & Zoning Board approved a site plan for a rebuilt home at 3073rd Avenue after members questioned using ordinance 7A-33F2 to allow continued setback nonconformity; the town attorney and planner had cleared the application.
The Melbourne Beach Planning & Zoning Board approved a site plan for a rebuilt home at 3073rd Avenue after a split among commissioners over whether a disaster/nonconforming provision in the code should apply to a purchaser who bought the lot after a fire.
At Tuesday’s meeting, commissioners debated whether ordinance 7A-33F2 — the town’s disaster/nonconforming provision — was intended for homeowners who were living in a dwelling at the time it was damaged, or whether it could be read to allow a later purchaser to expand a nonconforming footprint. Board members noted the east-side setback on the lot is about 9 feet rather than the…
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