HomeMy WebLinkAboutBOA Agenda Packet 1-07-2016BOARD OF ADJUSTMENT
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
JANUARY 7, 2016
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any
agenda item that is listed on the agenda for final official action by the Planning & Zoning
Board excluding public hearing items which are heard at the public hearing portion of the
meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and
quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes.
The Planning & Zoning Board will not take any action under the 'Reports and Open
Discussion" section of the agenda. The Planning & Zoning Board may schedule items not
on the agenda as regular items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: June 25, 2015.
2. Per Section 2-171, the Board of Adjustment shall elect a Chairperson and Vice -
Chairperson, by majority vote, at the first meeting held in January.
3. Quasi -Judicial and/or Public Hearine: Consideration of Adjustment Re: Special
Exception No. 12-01 (Amendment) to authorize a setback reduction of the outdoor
display area in the C-1 zoning district, per City Code of Ordinances, Section 110-
334 (c)(8), Special Exceptions permissible by the Board of Adjustment — AIA
Beach Rentals, LLC, Applicant - 6811 N. Atlantic Avenue.
Board of Adjustment Meeting Agenda
January 7, 2016
Page 2
4. Ouasi-Judicial and/or Public Hearing: Motion Re: Variance Request No. 16-01 —
Kim Rezanka, Applicant — 423 Washington Avenue, Authorizing the following:
a) A variance to the required side yard setback of 8 feet to 5 feet per
Section 110-297, City Code; and
b) A variance to the required lot coverage of 35 percent to 43 percent per
Section 110-296, City Code.
5.Ouasi-Judicial and/or Public Hearing: Motion Re: Zoning Determination per Section
110-257 Code of Ordinances — George Sweetman — Applicant - 111 Pierce
Avenue.
REPORTS AND OPEN DISCUSSION
"1116181 9051:0211
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Board of Adjustment with respect
to any matter considered at this meeting, that person will need a record of the
proceedings, and for such purpose that person may need to ensure 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 City 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.
In accordance with the Americans with Disabilities Act: all interested parties may attend
this Public Meeting. The facility is accessible to the physically handicapped. Persons
with disabilities needing assistance to participate in the proceedings should contact the
Community Development Department (868-1222, ext. 15) 48 hours in advance of the
meeting.
BOARD OF ADJUSTMENT
MEETING MINUTES
June 25, 2015
A Meeting of the Board of Adjustment was held on June 25, 2015, at the Cape Canaveral Public
Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:59 p.m.
by Chairperson Arvo Eilau. The Secretary called the roll.
Arvo Eilau Chairperson
Douglas Raymond Vice Chairperson
Desmond Wassell
George Sweetman
Joe Elliott
MEMBERS ABSENT
Linda Brown
OTHERS PRESENT
Kimberly Kopp Assistant City Attorney
David Dickey Community Development Director
Patsy Huffman Board Secretary
NEW BUSINESS:
1. Approval of Board of Adjustment Meeting Minutes — February 26.2015.
Motion by Mr. Wassell, seconded by Mr. Raymond to waive the reading and approve the Meeting
Minutes of February 26, 2015, as presented. Vote on the motion carried unanimously.
2. Quasi -Judicial and/or Public Hearing: Consideration of Request to Approve
Special Exception No. 15-02 to authorize a storage warehouse/office in the C-2
Zoning District, per City Code of Ordinances, Section 110-383, Special
Exceptions permissible by the Board of Adjustment — O. Wave, Inc. — Owner -
(280 W. Central Blvd.).
Mr. Dickey presented Staffs report/photos showing the project site. The building will be used
to store consumer goods for the owner's souvenir stores located in the general area.
The one-half acre site is zoned C-2 and includes a 10,400 square foot building. The parcel is
accessed from W. Central Boulevard and Commerce Street.
Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated when a
recommendation to the Board of Adjustment is being considered. The proposal does meet the
minimum standard. Staff pointed out the four (4) parking spaces off of Central and eight (8)
spaces near the loading areas. The majority of the stormwater run-off goes into the retention
Board of Adjustment
Meeting Minutes
June 25, 2015
area located on the North end of the property. Surrounding zone is C2 and Ml. The general use
of properties in this area is warehousing to the North and West.
The Planning and Zoning Board recommended approval by a vote of 5 to 1 at its May, 27, 2015
meeting.
Staff read from the Special Exception Worksheet and Staff Analysis Report regarding Land Use
and Zoning as follows: subject property is situated in an area of the City that has historically been
characterized by industrial/warehousing uses; was used as a warehouse until 2012, when United
Space Alliance vacated the building; proposed use is a continuation of the development pattern in
the area and is compatible with adjacent uses and will be conducted entirely inside the building;
minimum requirements can be met on the property and are compatible and harmonious with the
surrounding properties; no adverse effect to the traffic volume since there will only be five (5)
employees during working hours which represents a reduction in the total number of vehicular
trips; proposed use will be conducted entirely indoors between 9:00 am and 5:00 pm.; all service
areas including loading areas are appropriately located and oriented towards the adjacent roads;
parking and traffic circulation are designed to have minimum impact to other properties in the
surrounding area; adequate screening, buffers, landscaping, open space, off-street parking, and
other similar site improvements to mitigate any adverse impacts of the Special Exception as
required by the City Code to be erected/constructed as part of the City's approval process. Staff
explained that this building was previously built per City Code and is just a reuse of the property
as previously approved.
The Board wanted further clarification of the loading/unloading and what type of vehicles will be
using that area to avoid blocking of the sidewalks, which Staff addressed.
Staff continued with the Report as follows: proposed access, internal circulation, and design
enhancements will be adequate to accommodate the proposed scale and intensity of the Special
Exception requested; signs and exterior lighting designed and located to promote traffc safety and
to minimize any undue glare or incompatibility with adjoining properties; proposed signage will
be subject to review for consistency with City sign ordinance requirements during the permitting
process; adequate off-street parking meets all requirements.
Mr. Eilau opened the meeting to the public.
The Board suggested that a hedge/buffer be considered. It was also stressed that the proper use of
parking and loading/unloading areas with relationship to vehicles blocking sidewalks be enforced.
Discussion ensued with relationship to hedges and Lam Young, Attorney, filling in for Kimberly
Rezanka, Counsel for O Wave, Inc., stated that there is no additional room for landscaping, could
potentially block pedestrian walkway and the view of vehicles coming and going from the
property. Staff felt that the landscaping currently in place met the minimum Code requirement.
Staff suggested that the Board make a recommendation for a buffer that could be presented to the
Board of Adjustment
Meeting Minutes
June 25, 2015
applicant. Attorney Young wished to reiterate that it may not be appropriate to make this a
requirement when the applicant has met the current City Code requirements, but felt her client
would be happy to discuss any recommendations that the Board may suggest. Clarification by the
applicant that smaller trucks would deliver on the West side and larger trucks would deliver on the
East side was addressed. Attorney Young stressed that if the requirement is not in the City Code.
it should not be a recommendation since the Code could change. Assistant City Attomey Kopp
clarified that the Board does have the discretion to add conditions to the Special Exception that
they deem appropriate to the property, but if it is already in the Code; it is not necessary. Attorney
Young concurred.
Mr. Eilau closed this portion of the meeting to the public.
Assistant City Attorney Kopp needed clarification from the Board as to its motion.
Mr. Eilau reopened the meeting to the public.
Discussion ensued regarding clarification of the motion specifically conditions for the buffer and
loading/unloading areas and whether the applicant is already meeting current City Code
requirements, can the Board put any additional conditions on the Special Exception.
Motion by Mr. Wassell, seconded by Mr. Sweetman, to approve SE -1502 to authorize a storage
warehouse/office in the C-2 Zoning District, per City Code of Ordinances, Section 110-383 with
the understanding that Staff will work with the applicant to discuss further buffering options. The
motion passed unanimously.
3. OuasiJudicial and/or Public Hearine: Consideration of Request to Approve a
Change of Use to authorize a 5 -unit townhouse in the R-2 Zoning District, per City
Code of Ordinances, Section 110-195(e) — Antonio Romano — Owner - (350
Monroe Avenue).
Mr. Dickey presented Staffs report/photos regarding a Change of Use for 350 Monroe Avenue
This project is a single story structure built in the 1960's and is currently vacant. The property is
zoned R-2 and includes the demolition of the existing structure(s) and the construction of five (5)
townhouses. Sec 110-195(e) allows a property owner to request a change in use from one non-
conforming use to another non -conforming use, subject to certain conditions.
Sec. 110-195(e)(5) establishes factors that must be considered when a Change of Use is being
sought. These include:
a)
Uses less space;
b)
Has fewer employees;
c)
Requires less parking;
d)
Creates less traffic;
Board of Adjustment
Meeting Minutes
June 25, 2015
e) Has fewer deliveries;
f) Creates less noise;
g) Creates a better benefit to the surrounding area than the previous use;
h) Is more acceptable with the existing and future use or make up of the area;
i) Is more normally found in a similar neighborhood; or
j) Creates less of an impact than the present non-conforming use.
The property is zoned R-2 and consists of approximately 12,700 square feet. According to the
Brevard County Property Appraiser, initial construction of the structure was in 1963. It currently
contains ten (10) rental units.
The owner, who bought the property in 2011, desires to demolish the existing structure and replace
it with five (5) townhouses. However, as the structure is non-conforming, the new construction
will have to be consistent with the R-2 zoning standards; which would allow 4 units. Due to the
size of the lot, 4.7 units would be allowed; there are currently ten (10) which is non-conforming.
The owner would like to build five (5) units, which is above the four (4); but you cannot build 4.7
units because you have to round to the lesser number. The project would create a lesser non-
conforming use.
The Planning and Zoning Board recommended approval by a vote of 4 to 2 at its May 27, 2015
meeting.
Discussion ensued with Staff and Board Members explaining how the units would be situated on
the property and the number of parking spaces for each unit. The type of materials used for the
driveway and sidewalks and the size of the driveways was explained. Setbacks must he met.
The Change of Use Worksheet and Staff Analysis Report was explained as follows: the parcel the
current structure is on will be utilized for the proposed townhouse construction: square footage of
the building will increase from 2.980 to 4.868: the number of units will decrease from 10 to 5:
parking requirements will be reduced by five (5) spaces from a required 20 spaces (ten units of
apartments) to 15 spaces (five townhouse units): as the number of units is being reduced by 50
percent, the corresponding trains will also be reduced by approximately 50 percent; according to
the ITE Manual, 8" Edition, apartments generate 6.65 daily trips per dwelling unit while
townhouse units generate 5.81 trips on a daily basis: the corresponding noise associated within 50
percent less units would be anticipated to be less; the current structure is in a serious state of
disrepair and needs to be demolished; construction of live new townhouses represents an
investment of approximately one-half million dollars into the neighborhood. which is a
conservative estimate; units will be purchased as opposed to rented; there are ongoing Code
Enforcement violations on this piece of property; proposed project would be a positive impact to
the neighborhood; this would help property values for surrounding properties; impacts to the
neighborhood as well as the City and other service providers will be reduced due to the reduction
of units and the type of ownership.
Staff recommends approval for Change of Use for this property. Part of this recommendation is
based on the fact that this property has been vacant since the current owner purchased it and the
Sherriffs Department had been very active at the location of this property. Staff feels what is being
Board of Adjustment
Meeting Minutes
June 25, 2015
proposed is very positive for the tax base of the City; adds a nice housing choice opportunity and
adds.3 units above what is permitted currently by right. There are other non -conforming properties
in the neighborhood.
Mr. Eilau opened the meeting to the public.
Rick Marchand. Contractor forthe applicant. explained that he is available to answer any questions
the Board may have.
Discussion ensued regarding number of units and concerns about whether the properties will be
owned or rented: property is being built to sell to individuals with the understanding that the
owners will occupy the property: concem over a Live Oak that bordered the property was
addressed: Staff mentioned the process the applicant would have to go through for a tree removal
permit if that became an issue; Assistant City Attorney Kopp pointed out that the City Arborist
would make a determination; proposal would be a vast improvement to the neighborhood: letters
went out to surrounding property owners, with no replies in opposition: Board Members stressed
not having cars park on the sidewalks or adjoining properties needed to be enforced.
Assistant City Attorney Kopp pointed out that the reason for the Special Exception is due to the
request for five (5) units vs four (4) units: multi -use is permitted in the zone. City Code does allow
this use if the criteria are met and for Board Members to base their recommendation if the criteria
are met.
Discussion ensued whether City Code addresses landscaping requirements between adjoining
parking areas and the current landscaping being depicted. Mr. Marchand explained that shrubbery
can be added but this would not ensure that owners cannot cross over those boundaries.
Mr. Eilau closed the meeting to the public.
Motion by Mr. Eilau to approve the Change of Use with the understanding that six (6) trees would
be required to separate driveways and each side of the end units.
Assistant City Attorney Kopp and Staff felt that the Board could not make this a requirement and
for Staff to work with the applicant to address this issue.
Motion by Mr. Eilau, seconded by Mr. Wassell to approve the Change of Use with the
understanding that Staff will work with the applicant to discuss further landscaping/buffering
options between driveways. The motion passed unanimously.
REPORTS AND OPEN DISCUSSION:
Staff provided brief update of current City projects.
Board of Adjustment
Meeting Minutes
June 25, 2015
Motion by Mr. Raymond, seconded by Mr. Wassell to adjourn the meeting at 6:24 p.m.
Approved on this day of . 2014.
Arvo Eilau, Chairperson
Patsy Huffman, Board Secretary
City of Cape Canaveral
Board of Adjustment
Meeting Date: 1/7/2016
Item No. 3
2012-01 to reduce the front setback requirement
Avenue (AIA Beach Rentals, LLC)
Applicant/Owner: David LaneNirginia Eberwein
Zoning/Future Land Use: C-1
— Request to amend SE No.
inlay area — 6811 N. Atlantic
Summary: This application is to amend Special Exception No. 2012-01 which authorized the
establishment of AIA Beach Rental at 6811 N. Atlantic Avenue (see attached location map —
Attachment #1).
On April 5, 2012, the City Board of Adjustment approved Special Exception No. 2012-01 to
allow a retail store and the use of outside display areas in the C-1 zoning district per Sec. 110-
334(c)(8) of the City Code. The approval was conditioned as follows:
1. The display area shall be limited to 446 sf in total area;
2. The display area shall be in substantial accordance with the attached site plan that depicts
the location of the display area(s);
3. Display shall be limited to beach rental equipment to include: surfboard, paddle boards,
bicycles, canoes, kayaks, and a canoe/kayak trailer; and
4. All rental equipment/display is to be brought inside the building after operating hours
with the exception of the licensed canoe/kayak trailer.
The .72 acre parcel contains a 3,500 square foot building which also houses the Euro Caf6 and
Flip Flop Pool and Spa Supplies. The property is accessed by two driveway cuts onto AIA (see
attached site plan — Attachment #2).
Surrounding zoning:
North
— Cl
South
— Cl
East —
C1
West
— C 1
Surrounding uses:
North/West — Cocoa Palms Mobile Home Park
South — Rental Car Facility
East — Yogi's Food/Liquor Store
The request under consideration is to amend Condition 42 of the approved Special Exception.
As indicated in the attached application, the applicant is requesting that the condition be
amended to allow the display area under/adjacent to the existing pole sign. This would have the
effect of reducing the setback to zero as the sign is located on the right-of-way/property line.
Board of Adjustment Meeting Date: 1/7/2016
Special Exception No. 2012-01 (Amendment)
Page 2 of 2
Currently, the display area is setback 50 feet from the AIA right-of-way line as required in
Condition #2. This requirement resulted from Sec. 110-536 (1) and Sec. 110-334(c)(8) which
states that an outside display area associated with a retail store must meet the same setbacks as
the principal building.
However, with the recent expansion of the EOOD (which included this property), the setback
requirement from the AIA ROW has been reduced from 50 feet to 15 feet. It is Staff's
recommendation that the setback requirement for the outdoor display area be reduced to 15 feet,
as required by the EOOD (Attachment 43). This would be consistent with how other businesses
that utilize outdoor displays have been treated and would allow the placement of displays within
the grassed area directly in front of the principal building.
The Planning & Zoning Board recommended approval, subject to listed conditions, of the
request on October 7, 2105, with a unanimous vote.
Attachments:
#1 — Location Map
#2 — Site Plan - Current
93 — Setback Diagram
#4 - Staff Analysis and Worksheet — Sec. 110-39(c)
#5 — Special Exception No. 2012-01 Application Packet
The CD Staff recommends that the Board of Adjustment take the following action(s):
Approve an amendment to Special Exception No. 2012-01, subject to the following
conditions:
1. The display area shall be limited to 446 sf in total area;
2. The display area shall be setback a minimum of 15 feet from the AlA right-of-way line;
3. Displays shall be limited to beach rental equipment to include: surfboard, paddle boards,
bicycles, canoes, kayaks, and a canoe/kayak trailer; and
4. All rental equipment/display is to be brought inside the building after operating hours
with the exception of the licensed canoe/kayak trailer.
Approved by the CD Director: David Dicke Date: 12/28/2015
Attachment#2
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50 foot setback line
15 foot setback line
Attachment #4
Staff Analysis and Worksheet— Sec. 11039(c)
Special Exception No. 201241 (Amendment)
All special exception recommendations and final decisions shall be based on the
following criteria to the extent applicable:
Land Use and Zoning
a. Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, the subject property in situated in the N. Atlantic Avenue commercial corridor.
The proposed amendment is a continuation of the commercial development pattern
in the area and is consistent with the Future Land Use Element of the
Comprehensive Plan which seeks to ensure the proper relationship among various
land uses (Goal LU 1).
b. Is the requested SE consistent with the intent of the zoning district in which it is
sought? The proposed amendment is consistent with the C-1 zoning district as
defined in Sec. 110-331 of the City's Code, which states (underline added):
The requirements for the C-1 low density commercial district are
intended to apply to an area adjacent to major arterial streets and
convenient to major residential areas. The types of uses Permitted are
intended to serve the consumer needs of nearby residential
neighborhoods as well as the commercial needs of the motorist. Lot
sizes and other restrictions are intended to reduce conflict with
adjacent residential uses and to minimize the interruption of traffic
along thoroughfares.
c. Will the SE meet all the requirements of the zoning district in which the request
is to be located, such as: lot requirements, building setbacks, lot coverage,
height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes, the
proposed amendment is consistent with applicable zoning standards as contained in
Sec. 110 of the City Code.
2. Impact to Surrounding Properties
Is the proposed special exception compatible and harmonious with properties
and uses in the surrounding area? Explain why. Yes, the proposed amendment
is consistent and compatible with adjacent uses. The subject parcel is within a much
larger C-1 district that represents the City's main commercial corridor. The property
is located on SR AIA, which is the main north -south route through Brevard
County's coastal communities.
b. Will the scale and intensity of the proposed special exception be compatible
and harmonious with adjacent land uses? Yes, see response to 2 a. above.
c. Will the traffic volume and type adversely impact land use activities in the
immediate vicinity? No. Traffic will primarily be passenger vehicles, with
intermittent truck traffic to supply the store with goods.
d. Will the proposed special exception create any adverse impacts to other
properties in the surrounding area? Address the creation of noise, light,
vibration, odor, stormwater runoff, or other offsite impacts that would not have
been created had the property been developed as a principal use? No.
e. Will there be adequate screening, buffers, landscaping, open space, off-street
parking, other similar site improvements to mitigate any adverse impacts of the
special exception? Yes.
f. Will the size and shape of the site, the proposed access, internal circulation,
and design enhancements be adequate to accommodate the proposed scale
and intensity of the special exception requested? Yes, seethe attached site plan.
g. Are signs and exterior lighting designed and located so as to promote traffic
safety and to minimize any undue glare or incompatibility with adjoining
properties? Yes. Display areas will be required to stay out of the visibility triangle.
h. What are the hours of operation and how will they impact surrounding
properties? Typical business hours.
3. Traffic and Parking
a. Is there adequate off-street parking? Yes, the site plan includes the number of
parking spaces as required in Sec. 110-491 of the City's Code.
b. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? Yes,
the property is accessed by two driveways onto SR AIA.
c. What type and how much traffic will the special exception generate? The
proposed amendment will have negligible impact on traffic generation.
d. Are there adequate loading and unloading areas? Yes.
4. Public Services
a. Are adequate utilities available? Location and capacity. Yes. Public utilities
are available to the site.
b. Will the proposed special exception create any unusual demand for police, fire,
or emergency services? No.
c. Will the proposed special exception have an adverse impact on public
services, including water, sewer, surface water management, parks and
recreation, streets, public transportation, marina and waterways, and bicycle
and pedestrian facilities? No.
d. Are there adequate refuse facilities for the proposed special exception and is
the dumpster properly located and screened? Yes.
5. Miscellaneous Impacts
a. Will the proposed special exception have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation, wildlife, open
space, noxious and desirable vegetation, and flood hazards? The proposed
amendment will have no adverse impact on the natural environment.
b. Will the proposed special exception have an adverse impact on historic,
scenic, and cultural resources, including views and vistas, and loss or
degradation of cultural and historic resources? No. As this request only involves
the relocation of the display area, no adverse impact to known cultural or historic
resources is expected.
c. Will the proposed special exception have an adverse impact on the local
economy, including governmental fiscal impact, employment and property
values? No.
d. Will the proposed special exception have an adverse impact on housing and
social conditions, including a variety of housing unit types and prices, and
neighborhood quality? No.
Attachment #5
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
APPLICATION PACKET
Instruction sheet..................................2
Submittal Checklist ..............................2
Information Sheet...............................3&4
Worksheet........................................5, 6 & 7
Radius Package Instructions.................8
PD -Special Exmptlon Application -101411 Page 1
City of Cape Canaveral
SPECIAL EXCEPTION
Instruction Sheet
A pre -application meeting with the City Planner is required prior to completion
and submittal of a Special Exception application.
The Special Exception application shall be prepared in compliance with the
requirements of Chapter 110, Sections 110-38 & 110-39 of our code. To access our
code visit www.citvofcaoecanaveral.oro; from the homepage select City Code of
Ordinances; and click on the link to municode.com.
You and/or representative are required to attend the meetings at which your request will
be considered. You will be notified of the dates and times of meetings. Meetings are
held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal the application will not be
accepted.
Special Exception Application Submittal Checklist
I.—Completed Information Sheet
2.—Authorization to represent property owner, Ifapplicant is not the owner.
If tenant: Notarized letter of authorization.
If Other: Written Power of Attorney.
3.Payment of application fee ($250) and escrow deposit (escrow fees are to cover
costs of application review, notification of surrounding property owners, etc. and
the amount is determined when the application is submitted).
4.—Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
labels (instructions on page 8).
5.— Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
6.—Copy of recorded deed or Opinion of Title for subject property.
7. Certified survey or site plan (scaled drawing of subject property depicting
boundaries, all structures, and parking.
PD- Special Exception Application - 101411 Page 2
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
Description of Request: (insure that the specific code sections of the zoning ordinance
that allow and support your request are noted). If necessary, attach separate sheet.
Address of requested Special Exception: fa O'\ /V ' /^' n' 'V r ky-<
Name of Project If applicable): —: A i' o v' o--� -)-I v • -n 1
Legal description: Lot(s) Block Subdivision �7
Section a3 Township 9Qy Range
Future Land Use and Zoning designations:
Owner and Applicant Information:
I am the property owner.
YI am a tenant. (Attach notarized letter of authorization).
_ I am authorized agent other than a tenant: (Attach Written Power of Attonri
Owner(s)Name: * ;A)'/0.1 �/P'C�Wf�n
Mailing Address: P 1 SJif '7 -2 7 6yir 3a1c,10 -097
Phone number(s): N;'-1—H3a— 55�D ..r 3r31— 413x— 4/7�
Authorized Agent Information (if applicable): � a
Name of Authorized Agent: z-�^ tie
Mailing Address: -10 rNt
Phone number(s): 'r7 05 //ma�y
/- iAtG�� Orta - rrr �w�C. CDM
RD- Special Exception Application -101411 Page 3
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet — Cont'd
I hereby attest that all information, sketch and data contained and made part of this
request are honest and true to the best m nowledge and belief.
Signature of Applicant:
State of Florida
County of fkvA��
Sworn to and subscribed before me on this day of
2011 by
known, or ❑ produced W. — Type of
Signature of Notary:
Notary Seal:
❑ who is personally
PD- Special Exception Application -101411 Page 4
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet
An applicant for a Special Exception is required to meet with the Planning Director prior
to completing and submitting the application. The following worksheet will be used to
evaluate the requested Special Exception.
A Special Exception is a use that would not be appropriate generally or without
restriction throughout the zoning district,ub t whichif controlled as to number, area,
location, etc. would be appropriate. A Special Exception will promote the public health,
safety morals, order, comfort, convenience, appearance, prosperity or general welfare
of the neighborhood community.
It is the applicant's responsibility to make a case for the requested special exception
and this worksheet is the criteria by which the Planning & Zoning Board will make its
recommendation and Board of Adjustment will make its determination.
Nature of Special Exception
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe
the Special Exception requested.
Impact to surrounding properties
1. Is the proposed special exception compatible and harmonious with properties ar�d
uses in the surrounding area y Explain why. $ - ; r6 cammercl Al;(Ttrty we
nccl�o ;ro rove v+Sl li.* 11f,n 5 %d r5
2. Will the scald and intens of the p sedh al exception be co patibie and
harmonious with ala nt and uses? ),LS - �+7 ,'S A Stinal) SepJcj Strd I
nitn5 re�ACI Ztetl %U" �h�
3. Will the t ffic genera a nd type adve ly impagt land us adds, igrP ([t
the immediate vicinity? f1• orY ox�Y�Y �i`�s�/ I�+YJ �S�i:'K� ' i- t 7T
4. WcN'the�xbpo qq I o� ku'` .lqc - VS �y cryo I Mb!t'�`� d -%✓++S.
sed special tion create an adverse x to other properties
in the surrounding area? Address the creation of noise, light, vibration, odor, Ir
stonnwater runoff, or other offsite impacts? No e n „n arc sDe :V I` 0 ,
5. Will there be adequate screening, buffers, landscaping, and open space, etc. to
mitigate any adverse impacts
]j of the
11..SE? .,,.) lS S YC4lKb! i S �o tmp(iz�
ptil ++YsS V�Si�I It�fdP il�c ct.saa�r et�IS Cocoa 13x1,
at.� �atk`S 4e,r by o r 5 e),SeW4ffC .
PD - Special Exception Application -101411 Page 5
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet — Cont'd
6. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the1 proposed scale and
intensity of the SE requested? d�5.�h Q1i�e4'�U tFLT oft �� ti•
7. Are signs and exterior lighting designed and located so as to promote traffic saf ty
and to minimize any undue glare or incompatibility with adjoining properties? A,, A-
8. What are the hours of operation and how will they impact surrounding properties. r
Traffic and Parkin
9. Is there adequate off-street parking? WS
10. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? 'Yes
11. What typo and how much traffic will the SE generate? 1�' 3.�4 Siv"�d fov2 bvS�ncSS T,t
bG�
12. Are there adequate loading and unloading areas? All
r�9 e, r pet lot.
Public Services
13. Are there adequate utilities available including location and capacity? /✓/71
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services? NO •
15. Will the proposed Special Exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation, streets,
public transportation, marina and waterways, and bicycle and pedestrian facilities? AAb,
16. Is there adequate "se facility for the use and is thedumpster properly located
and screened? N/T I
Miscellaneous Imoacts,
17. Will the proposed SE have an adverse impact on the natural environment, including
air, water, and raise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards? /VO -
P) - Special Exception Application -101411 Page 6
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet — Cont'd
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? NO �1,,.,, V�'Lj
19. Will the proposed SE have an adverse Impact on the local econom Irtcludin,
governmental fiscal impact, employment and pro rty values? _ - �, I .
We ter "AYN las- fnehv< obs.
20. i e propo sperAal exception have an ad e'ese impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality? MI, ,
PD- Special Excepdon Application • 101411 Page 7
Special Exception Addendum
Outdoor Retail Display Re -positioning Request
Action:
AiA Management LLC of 6811 N Atlantic Ave, Ste C, Cape Canaveral is
requesting consideration for a re -positioning of its current special exception
for outdoor retail displays.
Purpose:
Company revenue generated from drive by traffic has improved little from
the time of our granted special exception for an outdoor display. We are
seeking approval for a re -positioning of the outdoor retail display area
closer to the road so that beach -going traffic can see and identify our
presence before its too late, thereby resulting in an improved competitive
advantage over similar businesses in Cocoa Beach.
Views to our current outdoor retail display area are blocked by the presence
of a community pool and privacy fence on the property immediately to the
north (bear in mind it is southbound traffic that we are interested in)
making our display only visible to passersby's just moments before our
driveway. Any interested customers, must find a safe and convenient turn-
around to come back to our location, or proceed to the next competitor of
ours inside the city of Cocoa Beach.
Visual Aids:
This picture below is taken from the very point at which our display is
visible from the road to vehicular traffic. While it is a good view, keep in
mind traffic is going 45mph here. Our driveway is 1/2 second away at this
point:
Now, below is the view of our shop a mere 2 seconds later for traffic driving
at the posted 45mph. Note the vehicle is entirely past the property and
must find a safe and convenient place to turn around if they wish to stop at
our shop instead of continuing into Cocoa Beach to conduct business with a
competitor:
My proposal of moving the permitted area of outdoor retail display towards
the road will significantly increase the time for vehicular traffic to identify
our business and decide if they want to slow down and make an entry. This
action will increase business revenue as has been verifiably demonstrated
prior to code enforcement actions against us. Below is a picture taken 5
seconds prior to the first picture above. 5 seconds is sufficient time for out-
of -town visitors identify us and make a decision to pull over and do
business in the city of Cape Canaveral:
The proposed a for re -positioning of the outdoor retail display is
immediately un er our sign, which is visible in the picture above in the
distance as the ectangular white sign. The specified area of interest is also
highlighted o the attached property survey.
Sing �F �9 �1��s [�,e, crk , �'t 66 Lor,^c fiO be
k.Ywh Al*k a bus 4 ��,A* I'S
be' cos-crw�CQ
r;6k�r velure i-1 -- "Squocc"
,5 ,s �tvt4r fealsar, &r 6Drte(v\ os -Il N
'�S?,dktc
zlrpc Ai�.f ��T,�Dral V-'SP'a\ b--CiIfS �b I f bS"ntS5
OC/VVO,- o3 1'4-1S evctev,�k eV(b�ajI Iraki„q
-� a cast �'or taw's{P �pet;al �ex<�pi nor` ev�h J
,,re ,e,pr4m,4.
I
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet `Q,,..,.._1 AI_,P-DI
Description of Request: (Insure that the specific code `sectio"onnsoof the zoning ordinance
ova
aaallow and support Your request are noted). If necessary, attach separate Sheet.
I.E2�t,��• �S VT �lCb chlx.Q
%L)Ux 2 tC V) 47 9 rpt?*A f
/ 110-331(8)
Address of requested Special Exception: 6s�� /VOYV) ,9, A9 E
Urn`t C C29Q CG✓-od
Name of Project (If applicable): AIA beWA i?zrlai5 LA
Legal description: Lot(e) '9 Bock 3uWviWon
Section 25 Toasrehip ^145 Raa�rgs 3rlE
Future trend Use and Zoning deelgratio ra:
Owner and Applicant Information:
I am the property owner.
hit am a tenant (Attach notarized letter of authorhadon).
_ I am authorized agent other than a tenant: (Attach Written Power of Attorney)
Ownw(s) Name: V I' M J4U1U.PI
mattngAddress: P.O. Box 4'1'1 Cave Canaveral( PL. nsww—oM
PPwrlenumber(s): (M)_4AX-5500 or (=)A3R-4')59
Authorized Agent Informatlon If applicable):
Name of Authorized Agent: I EL 9HYTit10
mailing Address: 60 ! // fief Ayfr (AA C.
Phone number(s): 3,5l)L 5a5-7g37S-
rrneg(s): QlQbWe ,4,&.A @kPkofi CCr)
,315
Page 3
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet-Cont'd
1 hereby attest that all information, sketches and data contained and made part of this
request are honest and true to thg,8�nowdedge and belief.
State of Florkfa
County of 6,ra --k-
Sworn to and subscribed before me on this r5 day of w"Ah
20141by 04 -i -t A -t -Ml ❑ who is pensm*
kna , or "W uoed i.d. /Type of I.d. FC e r s -,-
Signature of Notary: 0!!
Notary Seal:
,ovtaeeah
x Ml0]a6aRllfffe(Ri
E�Y&`.N4d&8715
Bvbt lin Mary M1lk Ulmibiv
PD -Special Exception Application -101411 Page 4
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet
(To be completed by the Applicant)
An applicant for a Special Exception is required to meet with the Planning Director prior
to completing and submitting the application.
A Special Exception is a use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area,
location, etc, would be appropriate. A Special Exception will promote the public health,
safety morals, order, comfort, convenience, appearance, prosperity or general welfare
at Ute neighborhood community.
With this definition in mind, mmplately and fully answer all questions. An application is
not considered complete and will not be accepted until all questions are fully answered.
it is the applicant's responsibility to make a case for the requested special exception
and this worksheet is the criteria by which the Planning & Zoning Board will make its
recommendation and Board of Adjustment wHl make its determination. Use a separate
sheet of paper to provide complete answers.
Nature of Special Exception
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, architectural renderings, photos, etc. as necessary to fully describe the Special
Exception requested
Imoact to surrounding properties
1. Is the proposed special exception compatible and harmonious with properties and
uses in the surouldng free? Explain why. ye 51 6exo,yL
k1+� I�
2 Wllsaala and intensity of Ute proposed special exception be compatible and
harmonious with adjacent land uses? yr -S
3. Wit the traffic generated, volume and type, adversely impact land use activities in
fhe immediate vicinity? /V fl
4. Will the proposed special exception create any adverse impacts to other properties
in the surrounding area? Address the creation of noise, light, vibration, odor, traffic,
stormwater runoff, or other offsite impacts? nib
5. Will there be adequate screening, buffers, latLtdsoaping, and open space, -J etc. to
mitigate any adverse impacts of the SE? IV/7-A,,,-7-A,,,-W � � O
be no W M
PD - Spedal Exception Application - 071831 Page 5
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet—ConVd
6. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the SE requested? ye5
7. Are signs and exterior fighting designed and located so as to promote traffic safety
and to minimize any undue glare or incompatibility with adofnting properties? Ves
8. What are the tours of operation and Crow will they impact surrounding properties? n//A
Traffic and Parking
9. Is there adequate off-street parking? yr S
10. Is there adequate ingress and egress with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? P S veM� �5}�
11. What type and how much It will the SE generate? bi, S �-(p, ;Cd ^ �A; • -
12. Are there adequate loading and unloading areas? Xf j
Public Services
13. Are there adequate utilities available including location and capacity? IVA
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services? Nn
15. Will the proposed Special Exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation, sheets,
public transportation, marina and waterways, and bicycle and pedestrian facilities? Nti
16. Is there adequate rgfuse facility for the use and is the dumpster properly located
and screened?
Miscellaneous Impacts
17. Will the proposed SE have an adverse impact on the natural environment, including
air, water, and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards? NQ
►D -Specht Exception Appiicvdon • 071911 Page 6
City or Cape Canaveral
SPECIAL EXCEPTION
Worksheet — Cont'd
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? NIQ�
19. Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? nro
20. Will the proposed special exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality? NO
PD- Exception Application - 071611 Pse 7
r^ lw�
Febmry 17, 202
To: MY dope Conaveral
Re: Signage and WWM at 6011 N. Attack Ave
To ahm K maytancem
As the pmpertya MAW OW landlord 46631y//1�At4MkIWy Udt C c mvft mdr Moe by the tanaM,
AfA Beach Rmtab, Ur, k_ f���-IetltllLiLitnWtrl� . heMry suftrim MA Beach
Rwft% 11C and IsawlBmto madda Marines rMthe dty mprdbV any and ap mnpft", wo,&
BoeroI &pMmbh6, odv d*e dkpMp and alpap mates that pertain to the opradon of their
Mabnes at 6811 K Adw4k Ave, Unit C.
In the eventI need to be teadhed mpmlrlt thb matter, please all me at
DY -32a y3a-�t9
N",R)
01742
.mmmmmmi
.ll"e ININBN
=M%4M
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920.0326
Telephone (321)865-1222 —Fax (321) 868-1247
w .mvf)orida.comlcwe o-mail: citvofcaoecanave il.orR
talk.
Free delivery and pick-up
to your hotel/condo or vacation home.
Delivery: 7 Days a Week, 4AM • 5PM
Call anytime to schedule
• minimum order required
J.54455
AA kalch Rentals
•Umbrella w/ Auger
•Cooler
•2 Beach Chairs
•1 Boogie Board
• Sand Toy Assortment
•Sports Balls Assortment
$50/Day * $SD/7\ro Days$32GA Peek
• Wheeled Cart
• Umbrella wl Sand Auger
•2 Beach Chairs
-Cooler
-Sports Bag Assortment
*I Skim or Boogie Board
•1 Soft Surf Board
$SS/Day * $115/Two Days * $145/week
•whieied Cart•NIheeled Cart
-Umbrella w/Auger •Umbrellaw/Auger
•2 Beach Chairs •2 Lounge Chairs.
.Cooler •Gooier
W%
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>whstu Oek $7~"
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VIRGINIA E&_RWEIN a gineere-Iand surveyors
a rwn r[m�m -•
WI MIYN IrLINN(f_Y11iC Is �e iR. 1M i1�r�.�r1D9Y p� I]IIfI fY�ffC
MA• Ep/fG PrT r `I➢. M.Irt mF fn.lr arsiv a Ml[f w[.tt0 / S' J
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VIRGINIA E&_RWEIN a gineere-Iand surveyors
a rwn r[m�m -•
WI MIYN IrLINN(f_Y11iC Is �e iR. 1M i1�r�.�r1D9Y p� I]IIfI fY�ffC
MA• Ep/fG PrT r `I➢. M.Irt mF fn.lr arsiv a Ml[f w[.tt0 / S' J
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PREPARED BY AND RZTtmN mw Ont 48tee
RWwd S. Ammo Squirm
96 Widrd 80111t, sac 302
covok PlortAn 32972
,
THIS DIDOCIURE W17NHSSUM: The the Grantor , VMGWU D. U W IUN,
a dusk wonan, far and In cooddentiloo of the s m of Tin Defiant ($tO.00) and now Bond W
vale" cunddaadon, receipt of whldr it hereby adaowkdpd, doer Weby roans, rehrae
and, quit claim oma the Onneee, VIRGWA D. MWWRIN, AS TRUSTER (*Tnn e') OF
TRE VIRODDIA D. RMWEDN TRW DATUD DEMO= 20, ISM (wFair), whose
post oDioe address Is Bot 477, CW Curveai, Plrhh 32920, an of We right, 68e, burner,
claim, aW darAW which the Grantor hr is and be de faliowlrtg daorlbo l real n4k In the
Coady of Btevad, Sate of Pketda, to wit
Pan of Owernmeot Lot 4 of Stories 23, Tmmhlp 24 Sash, Rang 37 Best,
dderibed u follows: 7W 8006 ISD but of Ste Ihr 210 few of the North
326M few of the South 122630 per of Oovernm9m Lot 4, of Section 23,
Tbwrrdp 24 Saud, Range 37 East, Bread Covey, Ponds lritt3 wet of BWe
Read 401.
TWs deed woe i 0Mhmt a review or aamiaWm of the W e le rite abom
de9rbed property and no opki m or repnsmmhm ate befit{ am& rhhr espnery r
hoRDamy by Richard S. AoM, Idgahe or Amaad, Tbaiac & Blr®mtRer, P.A.
TO HAVE AND TO HOLD the nae tgrpr wllb all and dapiar the spportaarrmm
thtaeamo bdonft Or o anywbe WPKWdng, and III NO eank, right, title, owed, Nim.
equity, and chum wh Worm of the G a w, either to Irw or equity. In the ooh pwa me,
bandit and behoof of the Damm tram.
Pull power and w lmity is gamed b Thrum
Tb improve, =age, proeC6 a bdivide ant nued diride the mal edan, or arty
pan uweor;
2. 7b dediom perks. Treem highway, or alleys, acrd to vacate ray mMvbon, or
Pan meraar.
3. ToemmmmaenoradupoVast eptkmmpachowo9011martytram;
W to omvey, dther with or wlMnut condbrrfion ror the real p qwW,
4. To oomey the red eawe, or any pea thereof, to a 9mcomm, or acoeama, in
tree, and to Pmt to such 9tm ant, or smomom In am, 011 of the title. ante pawed, W
authorities vmW le Truster
Sandy Crawford
CW a Cm%c O,rvntt Cpmy
rr9,: a Illhna: 0
Tnrl: ?DC Nc rasa sm Om
..•w...:uh:,A Ab'rn'(e�HNSi'c`::'a!#.A'd kii�'8`�j`�a�.dW.A'Y+Y"'N r,i.-x\ii. A:..vv...>Ivw..0 xe>Fb.>�'.t>.- .h �i ........ Y:< ....nx:Y A°k5:5.� m{.
5. To donate, a dedicate, to mortgage, orosherwise encumber, do real urate or any
pan thereof;
6. To lease the real estate, or any pan thereof, in possession or reversion, on any
terms and for any penal, or periods, of time, and to renew or wind leases on any terms and
for any periods of time, and to amend, change or modify such Imaes and the terms end
provisions thereof•,
7. To contract to mike leans and to grant options to lease and options to renew
leases and options to purchase the whole, or any pan, of the reversion, and to consma
respecting the manner of fixing the amount of presem or future morals;
8. To execute grants of casements or charges of any Mad;
9. To release, convey or assign any right, tide or interest in or about or easemem
appurumam to the real esuu, or any pan thereof;
10. To deal with the tide to the real estate, and every part thereof, in any way and
for such consideration as would be lawful for any person owning the tide to the reel eslatc to
deal with it, whether similar to or different from the ways above specified.
In no case shall any party dealing with Trustee in relation to the seal estate or to whom
the real estate, or any pan thereof, is conveyed, connected to be sold, Iu W or mortgaged by
the Trustee be obligated to see to the application of any purchase -money, rent, or money
borrowed or advanced on the real estate, or be obliged to see that the terms of the wet haft
been complied with m be obliged to Inquire into the necessity or expediency of any as of the
Trustee, or be obliged or privileged to inquire into any of the terms of the Trust. Every deed,
host deed, mortgage, lease or other intwment executed by Trustee in rated= to the real estate
shall be conclusive evidence in favor of every person relying upon or claiming under any such
conveyance, lease or other Instrument, (a) that at the time of the delivery theaeof, the trust
created by the Trust was in full farce and effeet• (b) that such conveyuxx or other instrument
was "=used in accordance with the Into, conditions, and limitations contained herein and in
the Trust , or in the amendments thereof, and binding on all beneficiaries, (c) that Trustee wait
duly authorized and empowered to execute and deliver every and deed, wee deed, Issue,
mortgage or other instrument, and (d) if the conveyance is made to a successor, or successors,
in trust, that such successor, or successors, In trust have been properly appointed and are fully
vested with all of the title, cute rights, power, authorities, duties, and obligations of its, his,
or duly predecessor in nest.
Any contract, obligation or indebtedness incurred oremered into by Trustee in conruction
with the real estate may be entered into by it in the name of the then beneficiaries, as their
attorney in fact or, at Trustee's option, in its own name as Trustee of an express nest and net
Individually. Trustee shall have no obligation whauoever with respect a any such contract or
the like except only se far as the tout property and funds in the actual possession of Trustee are
ORaoew.aa: 35331 scan
applicable for its psymem Rod dbebm,,& All person and oalporatiam shill be urged wldl
notice of rids oundltlou from the deb of the filing for reomd of M deed.
(§armor herein wvmts and represents that ocither &a nor am mamba of her &Mfr
M"Plorida Constl d Pm" god thu add property b not honreaad proporty u deflmd under
71w Grantor hereby ooveaanis whb said Thrace that Gwtor is Lawddiy mind of add
MAI 090010 fee simple; that Gomm hu good dight and lawfd authority to mU and omwy nW
MW estate; that Gnator hereby hilly warmnta the title to said real —m aced will defeed the
RM Wharf the lawful c dms of AU pawns whormce/ert and that said real cerate Is ate of ail
enamrbranoa
IN WUNESS WHEMF, rhe Grantor afineuid hu hereunto set her hand and sed, rids
December 20, 1995.
W17174MES:
Print Nen .pina
14), 4w a-
1
Print Nam . Bbau B. rronfiale
S7'A7'E OF FLORIDA
COUMT OF BREVARD
,• 7
7 he tomsoing InshumaB wu wlwwhatged before me this December 20, 1995, by
VMGM D. IEBEBWEIN, who is personally (mown to one, who hu pmdueed sof5dent
idemifiadon, and who did Wm an cath.
OTARY PR U
a�...avraau.+cn '
i^'
SEAL
r;l
bNOY & M
aaaawn)
.
Nr IN, DOr%%
i
Aus. 17.2pr
Alp. I 1096
—3—
OR caw~: 3"31 Oral
Brevard County Property A- Tiser— Online Real Estate Property Cam^ Page I of I
Jim Ford, C.F.A. Property online
Property ApPralaer Y "°s �
ng
Brevard County, Fl Research CLICK
General Parcel Information for 24-37-234"MI0.1-0000.00 Trim Notice
Parcel Id:
24-37.23-00-
Me
Mlllage
2 Exemption:
Use
209
2010
00510.1-11000.00
Me E
0.72
Code:
Code:
20D,000
Site +ddress:
6811 NATLANTIC AVE, CAPE CANAVERAL 32920
435406
Aeet:
SO
'Site address infotmedon iz assigned by the Brtvaid County Adders Assignmrnt Office for E9 -I -I purpose,; this infonnedon
may not Mow community location of Prnpmy.
Tax information is available at the Brevard County Tax Collector's web site
(Select the back button to rctmn to the Property Appraiser's web site)
(Owner Name: PERWEIN, VIRGINIA D IISub IN 150 FT OF S 1050.25 FT OF E 210 FT
USTEE Name: OF SW 114 LYING W OF CO RD 401
State, CAPE CANAVERAL, FL 32920
vmue
a=mary�++�
•�•-•'-ewe
209
2010
20; l
ores:
0.72
'Market Value8381,7005280,000
20D,000
ite Code:
Total.
Agricultural Market
SO
so
$0
Value
Assessed Value Nou-
381,700
280,000
S200,000
School:
Assessed Value
3811,700
280,000
$200,000
School:
.> Homestead
s0
$0
SO
Exemption:
Additional
80
80
s0
Homestead:
.' Other
80
s0
$0
Exemptions:
•' Taxable Value
8381,700
5280,000
8200,000
on -School:
7- Taxable Value
8381.700
8280,000
8200,000
chool•
This is the "jut established fared vslores, pmWacs in accordance wiM$.193.01](1) me (a), rhes awwto. ,no
value does not represent enticipated stihnx pries for the PraPmtY_
Faernom; as reflected on the Value Sammnry table are applicable for the year shown and may or may not be
apphsable ifan owner cluogc has oavrred.
City of Cape Canaveral
Board of Adjustment
Meeting Date: 1/7/2016
Item No. 4—
Subject: Variance No. 2016-01 includes: a variance to the required side setbacks of 8 feet to
5 feet; and a lot coverage variance from the maximum allowed of 35 percent to 43 percent. The
subject parcel contains a single-family residence and has an address of 423 Washington Avenue
(see Attachment 1).
Summary: The owner is requesting the afore -mentioned variances to allow for the subject
property to be redeveloped with a new single-family home (see Attachment 2).
The owner purchased the property in 2001. As indicated on the submitted survey, the existing
house is 6.2 feet from the eastern lot line and 6.9 feet from the western lot line. According to the
Brevard County Property Appraiser's Office, the existing structure is 836 square feet and was
built in 1960, which was prior to the establishment of the City and therefore any City setback
requirements. The subject property is a lot of record and is considered nonconforming as is the
structure (does not meet setback or minimum living area requirements).
Recently, the owner has decided to move forward with the demolition of the existing structure
and construction of a two-story house, which necessitates the requested variances. The new
structure has a footprint of 2,680 square feet, which represents a lot coverage of 42.8 percent.
This is an increase of approximately 22 percent over the allowed lot coverage of 35 percent in
the R-2 zoning district – which would allow for a 2,190 square foot footprint. In addition, the
proposed structure will also need a reduction in the side yard setback from the required 8 feet to
5 feet on both the east and west side yards. This is a reduction of 3 feet or 37.5 percent.
Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance
is being considered. For a detailed analysis of the requested variance's compliance with the
criteria, please see the attached Staff Analysis and Worksheet.
Subject Property Future Land Use/Zoning Designation: Residential/R-2
Surrounding zoning:
North
– R-2
South
— R-2
East —
R-2
West
— R-2
Surrounding uses:
North — Multi -family Residential
South — Single-family residential
East — Single-family Residential
West — Single-family Residential
Board of Adjustment Meeting Date: inI2016
Variance No. 2016-01
Page 2 of 2
1 — Location Map
2 — Application
3 — Site Plan
The CD Staff recommends that the Board of
Deny the requested lot coverage variance and approve the side yard setback variance to allow
for a 5 foot setback on both the east and west side yards.
CD Director: David
ATTACHMENT 2
City of Cape Canaveral
VARIANCE
Instruction Sheet
A pre -application meeting with the Community Development Planner is required
prior to completion and submittal of a Variance application.
The Variance shall be prepared in compliance with the requirements of Chapter 110,
Sections 110-36 & 110-37 of the Code. To access the Code, visit
htto:llwww.cityofcai)ec-anaveral.org, highlight City Departments, highlight City Clerk, click
on City Code of Ordinances; click on htto://www.municode.com and then click on
Cape Canaveral Code of Ordinances.
This application packet must be completed, legible and submitted with all required
documents referred to herein, to the City of Cape Canaveral, Community Development
Department, 110 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or
your representative are required to attend the meetings in which your request will be
considered. You will be noted of the dates and times of meetings. Meetings are held
at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920,
unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal, the application will not be
accepted.
VARIANCE Submittal Checklist
1. ✓ Completed application & worksheet.
2. ✓ Power of Attorney, if applicant is not the owner.
3. ✓ Payment of application fee and escrow deposit.
4. ✓ Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 fl. of the subject property; one (1) set of mailing
labels (instructions on page 6).
5. Property survey showing legal description and subject property boundaries.
6. ✓ Copy of recorded deed or Opinion Title for subject property.
Variance Application - 01/2015 Page 2
City of Cape Canaveral
VARIANCE
Information Sheet
Dii!pr4oiin of Request: (Insure that the speck Code sections of the zoning
ordlnsinoo'81at allow and support your request are noted). If necessary, attach separate
sheet
attached.
Address of request: 423 Washington Avenue, Cape Canaveral, FL 32920
Name of Project (il applicable): -
Legal description: Lot(s) 6
Section 23
FLU and Zoning designations: _
N/A
Block 4 Subdivision Avon By The Sea _
_Township 24 Range 37
FLU: R2 Residential; Zoning: R2 Residential
Statement of Fact:
Kimberly B. Rezanka , being duly sworn, depose and say that:
I am the property owner.
2 I am the owner(s) designated agent. (attach notarized letter of authorization).
Owner(s)Name: Sean O.Fitzgerald
Mailing Address: 9473 S. Horsemint Way, Parker, co 80134
Phone number(s): 321-536-0534
sofitzge59@yahoo.com
Designated Agent Information (if applicable):
Name of Designated Agent: Kimberly B. Rezanka
Mailing Address: 7380 Murrell Road, Suite 200, Viera, FL 32940
Phone number(s): 321 259-8900
Variance Application -01/2015 Page 3
INFORMATION SHEET — VARIANCE FOR 423 WASHINGTON AVE/FITZGERALD
Description of Request: (Insure that specific Code sections of the zoning ordinance that allow and
support your request are noted). If necessary, attach a separate sheet.
I. Area variance to allow the applicant to revitalize his lot by building a modern single family
residence which residence's side setbacks would be five (5) feet from each of the side lot -lines,
instead of the eight (8) feet required by Sec. 110-297(aX2).
2. Coverage variance to allow the applicant to build the modern single family residence such that it
would cover 42.7% of the property, a 7.7% increase over the requirements of Sec. 110-296(4).
All variance requests are supported by this application and contemplated by Sec. 110-36, 110-191,
110-196, and 110-200, Cape Canaveral land Development Code.
krezanka@deanmead.com
City of Cape Canaveral
VARIANCE
Information Sheet — Cont'd
I hereby attest that all information, sketches and data contained and made part of this
request are honest and true to the bestof y knowledge and belief.
Signature of Applicant:-��r-/'!2✓ww
State of FloridIevard
County of
Sworn to and subscribed before me on this day of October
20 1 5by Kimberly S. Rezanka , rkwho is personally
known, or ❑ produced i.d. — Type of W.
Signature of Notary: �c
Notary Seat: LINDAMEtness
STATEOFF�oNlMISSIION N EE183 '960
EXPIRESVI112016
BONCED�NNN 1dObNMAM1
Variance Application - 01/2015 Page 4
City of Cape Canaveral
VARIANCE
Application & Worksheet
Variances are to be authorized where they are not contrary to the public interest and
where, due to special conditions, a literal enforcement of the terms of the Ordinance
would result in unnecessary hardship. The Ordinance sets forth specific conditions
which must all be demonstrated by the applicant before the Board empowered to grant
the Variance. If the applicant cannot satisfactorily address all of the following, this
should serve as a preliminary indication that the application may be rejected.
The conditions are as follows and items (A) through (F) must be answered in full. (City
Code Section 110-62).
A. That special conditions and circumstances exist, which are unique to the land,
structure or building involved and are not applicable to other lands, buildings or
structures in the same district.
See attached
B. That literal interpretation of the provisions of the Zoning Ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would put unnecessary and undue hardship on the applicant.
See attached
C. That the special conditions and circumstances referred to in item (A) above do
not result from the actions of the applicant.
See attached
Variance Application - 01/2015 Page 5
City of Cape Canaveral
VARIANCE
Application & Worksheet — Cont'd
D. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the Ordinance to other lands, structures or building
in the same district.
See attached
E. That the reasons set forth in the application justify the granting of the Variance,
and that the Variance, if granted, is the minimum that would make possible use
of the land, building or structure.
See attached
F. That the granting of the Variance will be in harmony with the general intent and
purpose of the Zoning Code and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
See attached
While these conditions may seem unduly harsh and stringent to the individual applicant,
it must be remembered that the Zoning Ordinance was enacted for the benefit of the
community as a whole and requires an organized and controlled pattern of the
community's development.
It should be noted that the difficulties or hardships relied upon must be unique to that
particular property (e.g. peculiar lot shape) not general in character, since difficulties or
hardships shared with others in the area go to the reasonableness of the zoning
generally, and will not support a Variance. If the hardship is one that is common to that
area, the remedy is to seek a change of the zoning classification for the neighborhood.
Variance Application - 01/2015 Page 6
CFN 2014222233, OR BK 7245 Page 1065, Recorded 11/10/2014 at 12:35 PM, Scott
Ellis, Clerk of Courts, Brevard County Doc. D: $0.70
Ms INa1RUxaENT PREPARED BY AND RETURN TO
Sano FaaaaM
9/]35 rlpaerd Wny
7 Pakc.Cdanbaoai
Pop" Appnum Faun laamaunn (Fol,o) N=1xs
14-31S3L
WARRANTY DEED
THIS WARRANTY DEED is made this 3_L day of G fo jk r , 20a8 by SEAN O
FITZGERALD, as Trustee of the SEAN O FITZGERALD LIVING TRUST m SEAN O FITZGERALD with
full power aid authority to protect, conserve and to sell, or to lease, or m encumber or otherwise to manage and
dispose of the real property described herein pursuant to Florida Statute 699 07 1, whose post office address is
9473 S Horsemmt Way, Parker, Colorado 90134, Grantee
WITNESSETH: The Grantor, for and in cumudembon of the sum of TEN DOLLARS AND 001100's ($IO 00)
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee all that certain land situate in Brevard County,
State of Florida, vee
Lot 6, Black 4, Avon By the Sea, according to the plat thereof, as recorded in Pled Book 3,
Page 7A and 7B, of the Public Records of Brevard County, Florida.
TOGETHER, with all the tenements, hereditamcots and eppurleuences thereto belonging or in anywise
appertaining TO HAVE AND TO HOLD, the same in fee simple forever
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of stud land in fee
simple, that the Grantor has good right and lawful authority to sell and convey said land, and hereby fully warrant
the title To sand land and will defend the sine against the lawful claims of all persons whomever, and that stud
land is free of all encumbrances, except taxes amming subsequent to December 31, 2014
IN WITNESS WHEREOF, the sand Grantor has signed and sealed these presents the day and year first written
above Signed and sealed and delivered in the presence of
/WITNESS C
PrintedName ��"
PrintedName CX tt Y-,tGr
STATE OF COLORADO
COUNTY OF DOUGLAS
SEAN FITZGERALD
Mfr M[M3RCJMnF[
NOTaRYPUBUD
srAlEOFDrr,
w miaeasoa masa MxsMn rz iia
The foregoing instrument was sworn to and acknowledged before me this _a day of Or 0O '- r-
20jib, by SEAN O FITZGERALD, who is 0 personally known to me or who has 0 produced
�%Yi rpo . S, r r., t, as identification and who O did O did nottake an oath
No bh�
APPLICATION & WORKSHEET- VARIANCE FOR 423 WASBINGTON AVE/FITZGERALD
Responses to questions:
A. That special conditions and circumstances exist, which are unique to the land, structure, or
building Involved and are not applicable to other lands, buildings or structures in the same
dGtsieL
The applicant's lot and all of the surrounding lots are very small, non -conforming lots which
were lawfully established by an approved Plat, recorded in 1921. The buildings situated on the
applicant's lot and many of the surrounding lots fail to conform to the current coverage, setback
and minimum floor area requirements. Some of the adjacent property owners, in fact, have built
directly on aside lot -line — leaving no setback. Relatedly, ajew ofthe surrounding buildings also
exceed the current minimum coverage restrictions. The odd dimensions of these small, non-
conforming lots likely dictated the buildings'stze and location on the lots— which buildings
ultimately do not conform to the requirements of the current Code. The applicant's property is
unique in that the nonconformity of the lot size and dimension is not something that can be
changed, and it is a condition that pre -dates the current Code. The current Code inhibits the
applicant from redeveloping the building on his lot to a similar size and with similar coverage to
that ofsome of the adjacent property owners. See Plat and Aerial photo, attached
B. That literal interpretation of the provisions of the Zoning Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district and
would put unnecessary and undue hardship on the applicant.
The zoning code currently requires that the applicant have at least eight (8) feet ofsetback f rom
his side lot lines. The eight (8) ft. setback requirement, however, is not a common characteristic
of the neighborhood— which is likely because of how the lots were originally drawn. Almost
none of the neighboring properties adhere to such a setback In fact, many of the neighboring
residences and buildings are set directly on their property line and are much larger than the one
currently on the applicant's property. Thus, the current setback requirement would deprive the
applicant of rights that are commonly enjoyed by the neighboring property owners.
Additionally, the current residence of 836 sq. f. does not comply with the eight (8) ft. setback,
likely because no setback requirement had been adopted by City Code at the time of construction
in 1960. The current side setbacks are 6.9 f. and 6.2 f. See Survey. The Code provides for
setbacks of eight (8) feet or IOK whichever is greater; 10% would require only a (five) 5 foot
setback, which is what the applicant is seeking. The applicant seeks to build a hoose of 3,707 sq.
f. living area See proposed residence footprint and floor plan, attached herds.
Relatedly, the Code, in Sec. 110-296, permits "maximum lot coverage" of only 3591S. That
coverage contemplates minimum lot dimensions of 75 ft. (wide) x 100fl (long), which would
permit a 1,625 sq. f. building. Sec. 110-296, tf taken literally, would strip the applicant of his
ability to cover a significant portion of his property. Given that the applicant's lot is
approximately 50 ft. x 115 f. (actually is 6,273.47 sq. f. per CADD dimensions), the coverage
restriction would allow a building with a footprint of only 2195 sq. ft. —a significant reduction.
In addillm , many of the surrounding buildings appear to exceed the Code coverage restriction.
Thus, the literal application of the Code would prevent the applicant from enjoying rights
commonly enjoyed in his neighborhood.
Furthermore, requiring such a setback and so limiting the maximum building coverage for the
applicant's property would seriously inhibit the applicant's ability to complete the proposed
revitalization project —forcing the applicant to either contort the proposed building in .such a
way that it would be unmarketable or build a unit that is too small (and thus, undesirable) for the
market. This, of course, places an unnecessary and undue hardship on the applicant.
C. That the special conditions and circumstances referred to in item (A) above do not result
from the actions of the applicant.
The applicant is not responsible for the odd, non -conforming lot dimensions of the 1921 Plat.
D. That granting the Variance requested will not confer on the applicant any special privileges
that are denied by the Ordinance to other lands, structures or building in the same district.
Almost no building immediately surrounding the applicant's property comply with the current
City Code, nor does most any single family residence or building in the applicant's
neighborhood Most all of the buildings on the surrounding properties are non -conforming in
some respect —which is likely a direct result of the surrounding properties' odd and non-
conforming lot size. Granting the variance will confer no special benefit on the applicant. B will
grant him only those rights that the adjacent property owners already enjoy.
E. That the reasons set forth in the application justify the granting of the Variance, and that
the Variance, if granted, is the minimum that would make possible use of the land, building
or structure.
The variances that the applicant seeks are de minlmis in all significant respects and will not be
noticeable. Without the variance, the applicant will not be able to properly revitalize his
property in a manner befitting of market requirements. And, as the property is currently non-
conforming both in lot sue and building setback, the variance will make possible the lawful use of
the land and building.
F. That the granting of the Variance will he in harmony with the general intent and purpose of
the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to
the public welfare.
The granting of the variance will be in harmony with the Zoning Code as the applicant seeks only
to improve a currently permitted use of the property— a single family residence. But, more than
that, granting the variance will promote the revitalization and redevelopment of the area in
keeping with the goaLs of the City of Cape Canaveral's Comprehensive Plan and Community
Redevelopment Plan. The updated construction and larger size residence will enhance the
neighborhood and be more in line with the size dwelling unit required in Sec. 110-296 (5) (a).
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AUTHORIZATION TO ACT AS APPLICANT
I, Sean Fitzgerald, authorize Kim Rezanka and the Law Firm of Dean Mead to act
as applicant, representing me, in Public Hearings before City of Cape Canaveral
pertaining to Land Use issues, including but not.1imitedo v '' roceedings.
p
Signature
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this
ay of
2015, by 5Fo,n aUen Fi�z�«ar�lq
arcaw:ssOc91 ARY PU LI
EXPIRES: FM" i8, 2019
o,,,,a+' awe r�,04�wsrvsemn My commission expires:
[] personally Known
[,?'Produced Identification
Type of identification Produced: 6 60h GFYI c*p'
City of Cape Canaveral
VARIANCE
Application Fee Sheet
Date: In� 14 IS
Project Name: T-1,4wd.W VaytpVLL.e
Application Submittal Fee —
VARIANCE.................................................................................... $250.00
Total Application Fee: _ $ 2.'5,0. U3
Variance Application - 01/2015 Page 8
In
i
LEGAL DESCRIPTION:
LEGEND:
SURVEYOR'S NOTES:
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Attachment 4
City of Cape Canaveral
Variance Worksheet
Variance #2016-01
Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary
to the public interest and when, conditions are peculiar to the property and not the result of the
actions of the applicant, and a literal enforcement of the code would result in unnecessary and
undue hardship.
All variance recommendations and final decisions shall be based on an affirmative finding as to
each of the following criteria:
That special conditions and circumstances exist which are unique to the land,
structure or budding involved and are not applicable to other lands, buildings or
structures in the same district.
The subject parcel is considered a legal, non -conforming lot as it was platted prior to the
incorporation of the City and does not meet the minimum lot size or lot frontage
requirements of the R-2 zoning district.
2. That literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would cause unnecessary and undue hardship on the applicant.
This area of the City contains many residential structures that were built prior to the
incorporation of the City. Certain properties/structures do violate current zoning standards,
specifically setback standards. The property immediately east of this parcel (427
Buchanan) has a structure with a 1,440 sf footprint. This represents a lot coverage of 23
percent. 431 Buchanan contains a 1,593 sf structure, representing a 25 percent lot
coverage.
Without a survey it is difficult to determine setbacks of the existing structures from
property lines; however, the BCPA website does provide separation between buildings
which will provide an indication of existing setbacks. There is an 8.6 foot separation
between the single-family homes located at 423 and 427 Washington, which is an average
of 4.3 feet; there is a 12.5 foot separation between the single-family structures at 417 and
423 Washington, which is an average of 6.25 feet; an 8 foot separation between the single-
family structures at 413 and 417 Washington, which is an average of 4 feet; and a 7.5
separation between the single-family structures at 427 and 431 Washington, which is an
average of 3.75 feet.
City of Cape Canaveral
Variance Worksheet — Cont'd
Variance #2016-01
3. That the special conditions and circumstances referred to in item (1) above do not
result from the actions of the applicant.
This area of the City contains many residential structures that were built prior to the
incorporation of the City and was not created by any action of applicant.
4. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the ordinance to other lands, structures or building in
the same district.
Approval of the requested variances would not confer any special privileges on the
applicant that are not enjoyed by other properties or structures in the surrounding
neighborhood. As indicated above many of the structures in the neighborhood do not meet
current setback or lot coverage standards.
5. That the reasons set forth in the application justify the granting of the Variance, and
that the Variance, if granted, is the minimum that would make possible use of the
land, building or structure.
The applicant has provided relevant and appropriate arguments that do speak to the
requisite criteria. However, a smaller structure (i.e. footprint) could be built on the property
that would not require such a significant variance.
6. That the granting of the Variance will be in harmony with the general intent and
purpose of the zoning code will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
This area of the City was built prior to the incorporation and current dimensional/area
zoning requirements. As a result, many of the structures do not meet zoning standards.
The proposed setback variance would result in a setback generally consistent with
neighboring properties. The proposed structure will be of much higher value than the
surrounding 1950's era homes.
City of Cape Canaveral
Board of Adjustment
Meeting Date: 1/7/2016
Item No.
Subject: Sec. 110-257 of the City Code provides a process by which a property owner can
request a determination related to the appropriate zoning district for a use that is unusual or is
not similar to any other listed use —111 Pierce Avenue (George Sweetman).
Sweetman
Zoning/Future Land Use: C-1
Summary: The applicant is requesting that a determination be made regarding the appropriate
zoning for the current use that is being conducted on property he owns at 111 Pierce Avenue.
This use is not specifically listed in the zoning section of the City's Code.
The use involves the storage and maintenance of equipment that is used as part of his commercial
fishing operation. Specifically, crab traps are brought to the site and cleaned/maintained. Also,
up to two boats are stored at the site when not in use. The activity occurs during typical working
hours. Staff is not aware of any outdoor lighting that would create a nuisance. Adequate parking
is available on the property. A six-foot high fence is erected around the area of the parcel used
for storage.
The .14 acre parcel contains a single outbuilding that is used to store equipment/supplies
associated with the property owner's commercial fishing operation. The property is accessed
by a driveway onto Pierce Avenue (see attached site photos — Attachment #2).
Surrounding zoning:
North
— C 1
South
— Cl
East —
Cl
West
— Cl
Surrounding uses:
North — single-family/retail
South — multi-family/retail
East — multi -family
West — multi-family/office
The applicant purchased the subject parcel and the parcel immediately west (109 Pierce), which
contains a multi -family structure, in August and October of 2001 respectively. In 2012, the
property at 109 Pierce was sold to another party. According to the applicant, the property (111
Pierce) has been used in a similar manner since it was purchased. A number of City permits
have been issued for the address since 2001. Notably, a demolition permit in November of 2001
to remove a dilapidated trailer and enclosed porch. However, the use of the property came to the
City's attention and staff determined that the use was not covered by the City Code. For that
Board of Adjustment Meeting Date: V712016
Sweetman Use
Page 2 of 3
purpose the request has been referred to the P&Z Board for a recommendation to
Adjustment. Section 110-257 states:
Sec. 110-257. -Unusual uses or uses not specifically permitted.
Any zoning use which, in the opinion of the building official, is similar to a
permitted use shall be treated in the same manner as the use to which it is
similar. Any application to permit a use which, in the opinion of the building
official, is not similar to a listed permitted use or due to its nature is an unusual
use shall be referred to the board of adjustment which will, according to the
procedures set forth for a special exception in article 11 of this chapter,
determine the proper zone for such use. The board of adjustment may prescribe
appropriate additional conditions and safeguards in the public interest.
In indicated above, the property is zoned C-1. This zoning district allows a wide range of
commercial/retail uses. Sec. 110-331 states that the C-1 district is "intended to serve the
consumer needs of nearby residential neighborhoods, as well as the commercial need of the
motorist." A sampling of the permitted uses in the C-1 district include:
• Plant nurseries and greenhouses
• Shopping centers and malls
• Public schools
• Pwks/playgrounds
• Restaurants
• Professional offices
• Hotels/motels
Another section of the City Code that discusses `outside storage" is in the M-1 district, where
this use is permitted as a special exception. Outside storage is defined as `the commercial
storage of licensed recreational vehicles, trailers, and trailemble items, goods, wares,
merchandise, commodities, or any other item outside of a completely enclosed building for a
continuous period of longer than 24 hours." It is staffs position that this language addresses
large scale storage of a commercial nature and is not applicable to the subject request.
Sec. 110-551 of the City Code allows for the parking of boats, utility trailers, recreational
vehicles or special purpose vehicles in the C-1 zoning district. Sec. 110-555 requires that all
commercial areas used for the parking of boats, to include the land upon which vehicles traverse,
be paved.
According to the City's Code Enforcement Division there has not been a notice of violation sent
to this property or property owner.
At its October 27, 2015 meeting, the Planning and Zoning Board unanimously recommended
that the use be allowed, as recommended by Staff, in the C-1 zoning district. The staff
recommendation included the following verbiage: "Recommend to the Board of Adjustment
that the current use (outdoor storage of a boat and crab traps and the maintenance of such) of
the property located at 111 Pierce Avenue be considered an allowed use in the C-1 zoning
Board of Adjustment Meeting Date: 1/7/2016
Sweetman Use
Page 3 of 3
district." The applicant had a concern that the recommendation would not allow for a 2" boat
or a trailer that are needed to conduct his business. Staff indicated that this issue would be
brought to the attention of the Board of Adjustment for their consideration and action.
Staff has modified its recommendation to allow for a 2°" boat and trailer.
Attachments:
#1 — Location Map
#2 — Site Photos
#3 — Zoning District Excerpts
#4 — Application
The CD Staff recommends that the Board of Adjustment take the following action(s):
Approve the current use (outdoor storage of up to two boats, a utility trailer, and crab traps and
the maintenance of such) of the properly located at 111 Pierce Avenue as an allowed use in the
C-1 zoning district.
Approved by the CD Director: David Dicke Date: 12/28/2015
ATTACHMENT 1
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I
Attachment #3
Permitted Uses in the C-1 and C-2 Zoning Categories
Sec. 110-332. - Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(1) Retail stores, sales and display rooms.
(2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning
pickup stations, tailor shops and similar uses.
(3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools
and similar uses.
(4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units
per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units
containing provisions for cooking or light housekeeping shall have a minimum floor area not less than
400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the
density required in this chapter for such dwellings.
(5) Eating establishments.
(6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or
dental clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving ranges, bowling alleys and similar uses.
(9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in
the required setbacks.
(10) Repair service establishments, such as household appliances, radio and TV and similar uses, but not
including automobile repairs.
(11) Kindergartens and child care facilities.
(12) Shopping centers and malls.
(13) Retail sale of beer and wine for off -premises consumption.
(14) Public schools.
(15) [Reserved.]
Sec. 110-381. - Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are permitted:
1. Retail stores, sales and display rooms, and shopping centers.
2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning
pickup stations, tailor shops, daycare mrd similar uses.
3. Dry cleaning establishments using nonflammable solvents mrd cleaning fluids as determined by
the fire chief.
4. Professional offices, studios, medical and dental clinics, laboratories, general offices, business
schools, data processing mid similar uses.
5. Banks and financial institutions.
6. Places in which goods are produced and sold at retail upon the premises.
7. Eating establishments, bakeries and delicatessens.
8. Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural
facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding
crematories); government offices; schools; adult and youth centers; churches; reading rooms
and similar uses.
9. Vocational and trade schools not involving operations of an industrial nature, such as Mick
driving schools.
10. Repair service establishments, such as household appliances, radio, television and similar uses
(excluding automobile repairs).
11. Automotive service stations...
12. Light manufacturing, including:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph mid electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
I. Costume jewelry, costume novelties, buttons and notions.
an. Other similar uses.
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City of Cavancral
SPECIAL EXCEPTION
Property Location
111 Pierce Avenue
Cape Canaveral, FL 32920
Worksheet Answers
Submitted by
George & Patricia Sweetman
September 23, 2015
Yes, & No— property is in Cl Zoning which includes mixed usages
Yes —other businesses of same use exist in CI also
No—very little traffic use
No — business has existed for fourteen (14) years to date with little or no problems
Yes —very simple business. Eighty (80) percent of business is done on the mater
Yes —has existed for fourteen (14) years
No — signs or exterior lighting
We depart in the morning to go to work on the water and return when our work
is done for the day
Yes
Yes
Hardly any
Yes
Yes
No
No
Yes
No
ATTACHMENT
PAGE 11
Special Exception
Worksheet Am niers
September 23, 2015
18 No
19 No
20 No