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Proposed bed & breakfast fails to meet land-plan requirements

At its monthly meeting on April 19, the Melbourne Beach Town Commission heard a planner’s report on whether a local businessman’s property on Atlantic Street has a history of residential use, a pre-requisite to turn the building into a bed and breakfast. The Melbourne Beach land development code dictates a bed and breakfast can only operate in a building designed and used as a single-family detached dwelling.

The town planner prepared the report at the request of the commission after the businessman insisted the building, which houses the Sand on the Beach restaurant, was indeed a residence in the past. The planner determined otherwise.

Research found that as of 1959 the site included, among other elements, three residential buildings: an existing two-story apartment, along with two other one-story single-family dwellings. But between 1986 and 1993 the site was redeveloped substantially in its current configuration, demolishing the two single-family dwellings.

“The applicant has to address the planner’s report,” said town attorney Clifford Repperger Jr. “It does not look like it can meet the current definition of a bed and breakfast. If the commission is not adverse to the idea of a B & B, then is there a way to get there, maybe with alternate language?”

According to the land development code, the definition of a bed and breakfast includes – in addition to a history of use as a single-family detached dwelling – a place where meals are limited to breakfast for overnight guests, and where the bed and breakfast operation is conducted by an owner or operator who physically resides on the premises. Furthermore, a B & B is not a rooming house, motel, hotel, resort condo, time share or cooperative. As a bed and breakfast, the restaurant would not be able to serve three meals a day and may have to abandon its liquor license.

“The planner’s report was just another data point in considering the way ahead,” said Mayor Jim Simmons. “Personally, I have not yet formed an opinion; I’m still in ‘research mode.’ But to me, a bed and breakfast is used to preserve a historic building. This not a historic building.”

Melbourne Beach has two bed and breakfasts that meet code requirements: the century-old Sea Glass Inn Bed and Breakfast on Ocean Avenue not far from the municipal complex, and Port d’Hiver Bed and Breakfast at the other end of Ocean Avenue near A1A. Both are in former residences and both are AAA 4-diamond properties, the only ones in Brevard County.

In other business, the commission accepted a bid of $524,775 from V.A. Paving of Cocoa Beach to resurface Third Avenue, Andrews Drive, Hibiscus Trail, Rosewood Drive, Birch Avenue, Elm Avenue, Dogwood Avenue, Surf Road, Acacia Boulevard, Citrus Court, Poinsettia Road, Coral Avenue and Neptune Drive.

Three companies submitted bids to resurface what amounts to approximately five miles of roadway.

Masci Corporation, of Port Orange, came in with the high bid of $643,385. Community Asphalt Corp., out of Vero Beach, submitted a bid for $560,583, while V.A. Paving Inc. had the lowest bid.

The commission also voted to eliminate the vacant position of public works director in favor of a lead maintenance worker at a lower salary. The past director retired towards the end of last year.

Melbourne Beach has had three positions assigned to public works over the past six years: two maintenance workers and a director. Staff asked the commission to downgrade the director position. According to the figures accompanying the request, the salary for lead maintenance worker will be $32,828 annually.

Under the new arrangement, there will be only two public works employees in the town and certain duties of the former director position will now come under the town manager. Those duties will include budget, staffing, and reporting to FEMA, the DEP, the state highway department and other outside agencies.

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