HomeMy WebLinkAboutMinutes 03-03-2011City of Cape Canaveral
Board of Adjustment
Meeting Minutes
March 3, 2011
A Meeting of the Board of Adjustment was held on March 3, 2011, at the City of Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. John Bond,
Chairperson, called the meeting to order at 7:00 P.M. The Secretary called the roll.
John Bond
Chairperson
Dennis Jenkins
Vice Chairperson
Linda Brown
Planning & Development Director
Arvo Eilau
2nd Alternate
MEMBERS ABSENT:
Paula Collins
George Sweetman
Douglas Raymond Ig Alternate
OTHERSPRESENT:
Lamar Russell
Ex Officio Member
Kim Kopp
Assistant City Attorney
Barry Brown
Planning & Development Director
Susan Chapman
Secretary
All persons giving testimony were sworn in by Kim Kopp, Assistant City Attorney.
NEW BUSINESS
1. Approval of Meeting Minutes- September 16.2010.
Motion by John Bond, seconded by Dennis Jenkins, to approve the meeting minutes of
September 16, 2010, with one correction. Vote on the motion carried unanimously.
2. Motion Re• Specia_1 Excgpfion Request No 11-01 to Allow On -Premise
ConLu=limi Qf Alcoholic Beverages in the C-1 Zoning District at LaFiesL
Mexican Restaurant 7802 N Atlantic Avenue Section 23 Township 24 South
Ra ize 37 Fast Block 25 Lot 9 Avon by the Sea Subdivision — Alice Fusillo for
Alice's Fiesta. Inc Applicant
Barry Brown, Planning & Development Director, reported that the property currently had
a Special Exception for beer and wine only. Ms. Fusillo, owner of LaFiesta Mexican
Restaurant, was requesting another Special Exception that would allow her to provide full
liquor service to her patrons, as well as beer and wine.
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Board of Adjustment • •
Meeting Minutes
March 3, 2011
Page 2 of 2
Mr. Brown reported that LaFiesta met the City's seating requirement for a restaurant to
serve full liquor; and met the distance requirement from churches, schools, and
playgrounds. He advised that the property did not provide sufficient parking, per City
code, and therefore additional parking needed to be provided on another property within
500 feet pursuant to a written parking agreement. He advised that Ms. Fusillo had
procured a parking agreement with the Wachovia Bank in order to provide the remainder
of the required parking. Discussion was held regarding if it was appropriate to provide
the parking per City code across AIA. The Board members agreed that having full liquor
sales at LaFiesta would not significantly increase the number of patrons.
The Board reviewed and discussed the recommendation of the Planning & Zoning Board
which included two conditions as follows:
Improve the seating plan to clearly depict how many seats each table will
accommodate to meet the 150 seating requirement.
2. Install a sign of reasonable size at the comer entrance of her parking lot and on
the door advising customers that additional parking was available at Wachovia
Bank.
Mr. Brown stated that condition #1 of the Planning & Zoning Board's recommendation
had already been satisfied.
The Board held discussion regarding what would happen if the Wachovia Bank was sold
and the parking agreement became invalid. Lamar Russell, Ex Officio Board Member
and Planning & Zoning Board Chairperson, explained that the Special Exception would
become out of compliance and the noncompliance would be handled through City Code
Enforcement. Following brief discussion, the Board was satisfied that the City had a
process in place to handle such a situation.
Motion by John Bond, seconded by Dennis Jenkins, to approve Special Exception
Request No. 11-01 with the conditions recommended by the Planning & Zoning. Vote on
the motion carried unanimously.
OPEN DISCUSSION
There being no further discussion, a motion was made by John Bond, seconded by
Dennis Jenkins, to adjourn the meeting at 7:45 p.m. By unanimous consensus, the
motion carried unanimously.
Approved on thi day of 2011.
hnBon son
1K11
Susan L. Chapman, Secretary