TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Workshop

Monday
July 26, 2004
COMMUNITY ROOM - TOWN HALL

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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Walters at 6:02 p.m. on Monday, July 26, 2004 in the Community Room at Town Hall.  Mayor 
Walters also led the Pledge of Allegiance

Present: 

Absent: 

Mayor Walters
Commissioner Guglietta
Commissioner Stacey
Commissioner Wilson

Commissioner Price

Others Present:  

Town Manager Higginbotham
Three (3) members of the public
Town Clerk Masny

REVIEW OF PROPOSED ORDINANCE 2004-01 (HEIGHT ORDINANCE)

Commissioner Wilson reported that he was advised that this ordinance should not have Federal Emergency 
Management Agency’s codes in it as these may change from time to time and the Building Official, Mike 
McCaughin has concurred with this as these codes are in another section of the Town code.

The Town Commission reviewed the 3rd version of Ordinance 2004-01, dated July 20, 2004 and requested 
the following revisions be made to the ordinance:

In the title of Ordinance 2004-01, lines 13-15, delete the words, “PROVIDING A LIMITED WAIVER 
REGARDING INCREASED HEIGHT ABOVE THE MAXIMUM PERMITTED IN CERTAIN INSTANCES;

Page 2, delete lines 46-48; 

Page 3, reword line 83 to read, “elevation for construction, or (b) from a point 18-inches above the”

Page 4, line 85-86, change the word, “roof” to “building” and delete the following: (including all roof 
structure components) or facade.  Line 88, after the word requirements add the wording, “in effect 
at the time of foundation construction”. Line 97, after (FIRM), add the wording, “in effect at the time 
of foundation construction.  The Building Official shall from time-to-time review the most current 
FEMA requirements and recommend to the Town Manager any needed wording updates to this 
definition.  As of the date this ordinance was drafted (07/20/04), FEMA-required elevation is 
determined as follows:” 
Page 5, lines 125-126, delete the words, “roof or facade” and replace them with “building”.

Page 6, line 134, delete the words, “roof structure” and replace them with “building”; line 144, delete the 
words “is to”.  

Page 8, lines 182-183, reword this to read, “Maximum height of the building.  Maximum height of the 
building shall be 28 feet”.

Page 10, lines 234-235, reword this to read, “Maximum height of the building.  Maximum height of the 
building shall be 28 feet”.

Page 11, line 274 add the wording,  “Buildings built on lots that were divided before the year 2000 shall be 
grand fathered in to allow rebuilding of the preexisting home in the event of a disaster”.  

Page 12, line 281, reword this to read, “Maximum height of the building.  Maximum height of the building 
shall be 28 feet”.

Page 13, Section 7A-55.  BUILDING CONSTRUCTION.  Reword this section to read, “All buildings shall 
be constructed with the lowest floor level at least 18 inches above the crown of the highest street 
perpendicular to the foundation to which the property abuts.  When an applicant for a building permit 
submits plans for review by the Town of the proposed construction, the building plans of the principal 
structure shall be fully dimensioned sealed to-scale drawings, clearly showing street elevation, existing 
property elevation, proposed finished floor elevation, FEMA flood zones and elevation, and maximum height.”

Page 13, it was discussed that section 7A-59 not be codified into the code of Ordinances. 

Page 15, line 352, add the words, “the minimum” after the word “exceed”.  Line 356, in reference to cupolas, 
change the measurements to “36 inches by 36 inches by 36 diminishing inches in height, not to exceed 
four (4) cupola per structure.”

Page 15, before Section 7, add the following sentence, “No variances or waivers shall be granted to the 
maximum building height requirements.” 

The Town Commission briefly discussed floor-area-ratio and that it is designed to stop the bulk (mass) 
of buildings.   

There being no further business, the workshop adjourned at  7:56 p.m.

____________________________________
STEVEN O. WALTERS, MAYOR



____________________________________
CYNTHIA E. MASNY, CMC
TOWN CLERK


 Note:  a mechanical recording has been made of the foregoing procedures of which these minutes are a 
           part and is on file in the office of the Town Clerk.

PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY 
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the 
Town Commission with respect to any matter considered at its meeting, he will need a 
record of the proceedings and that for such purpose, affected persons may need to insure 
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.