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HomeMy WebLinkAboutMinutes 12-18-2013 CAPE CANAVERAL Construction Board of Adjustment and Appeals Board Meeting Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 MINUTES Wednesday December 18, 2013 5:30 PM CALL TO ORDER: Chairperson Geoff Goetz called the Meeting to Order at 5:30 P.M., called the roll and led the pledge of allegiance. MEMBERS PRESENT Geoff Goetz Chairperson William Budesa Vice Chairperson Jerry Agtmaal Thomas Quinn MEMBERS ABSENT Joseph Tichich OTHERS PRESENT Angela Apperson Administrative Services Director/City Clerk Glenn Pereno Building Official Kate Latorre Assistant City Attorney Mia Goforth Deputy City Clerk/Recording Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approve Minutes for Regular Construction Board of Adjustment and Appeals Meeting of December 3, 2013: Chairperson Geoff Goetz reviewed the Agenda and the order of procedure. Appellant S. Ken Gray introduced himself to the Board. Mr. Goetz requested the Board approve the Minutes from the previous Board Meeting. A motion was made by Mr. Quinn, seconded by Mr. Budesa, to approve the Minutes for December 3, 2013. No discussion took place. Vote on the motion carried unanimously. 2. Appeal of the Building Official's October 31 , 2013 decision on Kitchen and Bathroom Remodel Permit submittal for 350 Fillmore Avenue Unit 2F: City of Cape Canaveral, Florida Construction Board of Adjustment & Appeals Meeting Minutes December 18, 2013 Page 2 of 3 (a) Whether a permit may be issued to the owner under the owner-builder exception set forth in section 489.103(7), Florida Statutes. (b) Whether a building permit is required for each and every aspect of the proposed kitchen and bathroom renovation project given in the scope of work. (c) If the answer to question #1 is no, may the owner complete the portions of the renovation not requiring a permit before the permit is pulled? Mr. Gray requested to withdraw questions (b) and (c), stating he and City Building Official Glenn Pereno have reached an agreement regarding what requires a permit and what does not; therefore, the only issue is whether an owner may pull a permit or not. Mr. Gray distributed/reviewed a handout. Mr. Gray thanked the Board for listening to his Appeal. The Board questioned Mr. Gray; discussion ensued and included: how many units are in the building; his intentions on use of the unit when finished; short term rental/long term use by the family; whether any electrical outlets or plumbing connections were going to be or have been moved. Mr. Gray responded he only replaced old faucets in the same location. Mr. Pereno reviewed his outline included in the Agenda Packet. The Board questioned Mr. Pereno; discussion ensued and included: the zoning definition of the property; differing questions/answers asked by both parties; whether Mr. Pereno was in agreement to withdraw questions (b) and (c); the difference between definitions of contractors in the Florida Building Code; the Appellant's qualifications and whether someone else could pull the permit for him; whether the property is commercial or non- commercial; and whether an owner may pull the permit or not. Mr. Gray responded to some of the points discussed. Assistant City Attorney Latorre asked Mr. Pereno for clarification/explanation on the difference between R2 designation in Building Code for Occupancy and the R2 Zoning designation for the City of Cape Canaveral. Chairperson Goetz requested deliberation of the issue or a motion be made by the Board. Discussion continued and included: how other people living in the same dwelling are entitled to protection from people who are not insured; the potential damage to others' property; how difficult it is to allow for owner/builder permit to be applied; a desire for the City to make the process as easy as possible for such units to be improved. A motion was made by Mr. Agtmaal to allow for a permit to be issued to the owner under the owner-builder exception set forth in section 489.103(7), Florida Statutes. No discussion took place; the motion died for lack of a second. Chairperson Goetz called for another motion to be presented. A motion was made by Mr. Quinn, seconded by Mr. Budesa, to deny the Appeal of the Building Official's October 31, 2013 decision on Kitchen and Bathroom Remodel Permit submittal for 350 Fillmore Avenue Unit 2F. No discussion took place. Vote on the motion carried unanimously. City of Cape Canaveral, Florida Construction Board of Adjustment & Appeals Meeting Minutes December 18, 2013 Page 3 of 3 There being no further business, the meeting adjourned at 6:33 p.m. Mia Goforth, Deput iG ty Clerk/Recording Secretary Please note: due to lack of regular meetings for this Board, Minutes are considered final without Board approval.