Loading...
HomeMy WebLinkAboutBOA Agenda Packet. 2-25-2016BOARD OF ADJUSTMENT REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE FEBRUARY 25, 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: January 7, 2016. 2. Ouasi-Judicial and/or Public Hearing: 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 — AlA Beach Rentals, LLC, Applicant - 6811 N. Atlantic Avenue. 3. Ouasi-Judicial and/or Public Hearin: Consideration of Adjustment Re: Special Exception No. 2016-02 to authorize the construction of a single-family home in the C-1 zoning district, per City Code of Ordinances, Section 110-334, Special Exceptions permissible by the Board of Adjustment — Matthew Olenick, Owner — 110 & 112 Ocean Gardens Lane. Board of Adjustment Meeting Agenda February 25, 2016 Page 2 REPORTS AND OPEN DISCUSSION VI1116149aule1�II 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 January 7, 2016 A Meeting of the Board of Adjustment was held on January 7, 2016, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida The meeting was called to order at 6:05 p.m. by Chairperson Arvo Eilau. The Secretary called the roll. MEMBERS PRESENT Arvo Eilau Douglas Raymond Desmond Wassell George Sweetman Joe Elliott Linda Brown MEMBERS ABSENT None ott to waive the reading and approve the Meeting on the motion carried unanimously. rd of Adjustment shall elect a Chairperson and Vice - vote, at the first meeting held in January Motion by Ms. Brown, sWnded by Mr. Wassell t Chairperson. Vote on the motion carried unanimously. Eilau continue as Motion by Ms. Brown, seconded by Mr. Eilau to recommend Douglas Raymond as Vice Chairperson. Mr. Raymond accepted. Vote on the motion carried unanimously. 3. OuasiJudicial and/or Public Hearing: 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)(S), Special Exceptions permissible by the Board of Adjustment Meeting Minutes January 7, 2016 Board of Adjustment—AIA Beach Rentals, LLC, Applicant - 6811 N. Atlantic Avenue. Mr. Dickey presented Staffs report/photos. Discussion ensued between Board Members. The applicant was not present at the meeting to address questions and concerns of the Board Members. Motion by Mr. Eilau, seconded by Mr. Wassell to table Item #3 until the next meeting in February. The motion carried unanimously. 4. Quasi -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. Mr. Dickey presented Staffs report/photos of the project site. The owner is requesting 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. 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; was built in 1960, which was prior to the establishment of the City; and therefore, it is exempt fromany 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 decided to move forward with 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, 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. The property is zoned R-2. The property does meet the front (25 -foot) and rear (15 -foot) setbacks. Staff is requesting lot coverage variance be denied, and the side yard setback variance to allow for a 5 -foot setback on both the east and west side yards be approved. Staffed proceeded to address the Variance Worksheet to include all variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criteria: Board of Adjustment Meeting Minutes January 7, 2016 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. 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. 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, which 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 Brevard County Property Appraiser (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. Most homes in this area do not exceed the minimum lot coverage. 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 were not created by any action of the 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 buildings in the same district. Approval of the requested Variance 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. Board of Adjustment Meeting Minutes January 7, 2016 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 lot coverage variance. 6. 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. 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. This concluded Staffs presentation. Kimberly Rezanka of Dean Mead represented Sean Fitzgerald, the property owner. Mr. Fitzgerald is out of the State and unavailable to attend the meeting. Mr. Fitzgerald's intent is to revitalize his current residence and promote the revitalization of the neighborhood. Ms. Rezanka wished to stress that the current residence is a nonconforming structure and if the house were destroyed (50%) by a natural disaster or fire, would not be allowed to be rebuilt, even in the current footprint; and therefore, the importance of the need to have the Variance acknowledged regarding setbacks. This will be a very large house, but will not affect the lot coverage to the extent that Staff has explained. Other surrounding properties have exceeded the lot coverage. The Variance request would change the lot coverage from 35% to 42.7%, which is only a 7% increase. Ms. Rezanka explained that this is an old home with an old plat and feels the surrounding properties do not meet the required setbacks. Currently, the footprint is 2,681 square feet for the first floor; 2,195 square feet is allowed, which is a difference of 486 square feet the applicant is requesting. The applicant did not create the nonconfomring lot and feels this request would give him the benefits that adjacent property owners enjoy. The new structure will enhance the neighborhood. The current residence is an undersized home and does not meet the Code requirements. Ms. Rezanka handed out additional information to the Board Members for clarification of the property and floor plans. She went on to compare this property to other surrounding properties, which exceed the lot coverage allowed. She explained that Mr. Fitzgerald is proposing to bring this property up to Code and make it more attractive, and requested that Board Members approve both Variance requests. Discussion ensued to include lot sizes of surrounding properties and whether the patio was included in the calculation for lot coverage (only enclosed structures that block sunlight and breezeways are to be included in the calculation). Board of Adjustment Meeting Minutes January 7, 2016 Mr. Eilau opened the meeting to the public Assistant Attorney Kopp swore in Karen Munster. Her home is to the west of 423 Washington Avenue and is opposed to the 5 -foot setback request. Assistant Attorney Kopp swore in Bonnie Nord. Her home is to the east of the property. She is opposed to the 5 -foot setback request. Ms. Rezanka addressed questions by the Board about the survey (created by Campbell Surveying and Mapping of Brevard, Inc.) regarding setbacks, position of the home on the lot and whether the home could be built on the current footprint. Mr. Eilau closed the meeting to the public. Discussion ensued between the Board Members and Assistant Attorney Kopp to reach an agreement for the request. Motion by Mr. Elliot, seconded by Mr. Sweetman to approve the 42.7 lot coverage and structure stays within the current setbacks using the Campbell survey and applicant will work with Staff. The motion carried 5-1 with voting as follows: Mr. Elliott, For; Ms. Brown, For; Mr. Sweetman, For; Mr. Raymond, For; Mr. Eilau, For; and Mr. Wassell, Against. 5. Ouasi-Judicial and/or Public Hearing: Motion Re: Zoning Determination per Section 110-257 Code of Ordinances — George Sweetman — Applicant - 111 Pierce Avenue. Mr. Dickey presented Staffs report/photos showing the property and structures. The applicant is requesting that a determination be made regarding the appropriate zoning for the current use conducted on property he owns at 111 Pierce Avenue. This use is not listed in the zoning section of the City's Code. The use involves the storage and maintenance of equipment that is part of his commercial fishing operation. Specifically, crab traps are brought to the site and cleaned/maintained and 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. 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 Board of Adjustment Meeting Minutes January 7, 2016 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 pemtit in November 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 purpose, the request has been referred to the Planning and Zoning Board for a recommendation to the Board of Adjustment. Section 110-257 states: See. 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 ofthe 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 II ofthis chapter, determine the proper zone for such use. The board of adjustment may prescribe appropriate additional conditions and safeguards in the public interest. An 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 • Parks/playgrounds • Restaurants • Professional offices • Hotels/motels 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 (driveways) be paved. 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 properly located at 111 Pierce Avenue be considered an allowed use in the C-1 zoning district" The applicant had a concern that the recommendation would not allow for a second Board of Adjustment Meeting Minutes January 7, 2016 boat or a trailer that are needed to conduct the 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 second boat and trailer. Staff stressed the clarification of its original recommendation to read (with the correction) as follows: Approve the current use (outdoor storage of up to two boats, a utility trailer, crab traps, and the maintenance of such) of the property located at 111 Pierce Avenue as an allowed use in the C- 1 zoning district. Mr. Dickey addressed whether the request is limited to this specific property only. This is the first time this type of request has been made. The Board of Adjustment can consider the request to see if this is an appropriate use, and may add conditions (such as paving of the driveway) if deemed necessary. This is a less intense use for the C-1 Zone. Assistant Attorney Kopp swore in Mr. Sweetman. He gave the Board Members a synopsis of his business. He explained the process of cleaning the crab traps; storage and maintenance of the equipment; as well as the fact that paving the driveway would hinder the flow of water when cleaning the crab traps, and is not a requirement for the C-1 zoning district. Mr. Eilau opened the meeting to the public Assistant Attorney Kopp swore in Steven White. He lives within 100 yards of 111 Pierce Avenue. He is in support of Mr. Sweetman's business. Assistant Attorney Kopp swore in Fred Frock. His property is also adjacent to 111 Pierce Avenue. His is also in support of the business currently being operated. Mr. Eilau closed meeting to the public. Discussion ensued regarding number of boats and utility trailers on the property; is this request an appropriate use in the C-1 zoning district•, any conditions this Board may deem necessary; and paving of the property, which Code Enforcement Staff would oversee if necessary. Motion by Ms. Brown, seconded by Mr. Raymond to approve Staffs recommendation. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Mr. Dickey extended an invite to the ribbon cutting ceremony for Homewood Suites Hotel that will be forthcoming. Board of Adjustment Meeting Minutes January 7, 2016 Motion by Ms. Brown, seconded by Mr. Eilau to adjourn the meeting at 7:55 p.m. Vote on the motion carried unanimously. Approved on this _ day Arvo Eilau, Chairperson Patsy Huffman, Board Secretary 2016. City of Cape Canaveral Board of Adjustment Meeting Date: 2/25/2016 Item No. 2 Subject: Special Exception Request No. 2012-01 (Amendment) — Request to amend SE No. 2012-01 to reduce the front setback requirement of the outdoor display area — 6811 N. Atlantic Avenue (AIA Beach Rentals, LLC) Applicant/Owner: David LaneNirginia Eberwein Zoning/Future Land Use: C-1 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 Cafe and Flip Flop Pool and Spa Supplies. The property is accessed by two driveway cuts onto AlA (see attached site plan — Attachment #2). Surrounding zoning: North— Cl South — C 1 East— Cl West—Cl 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 #2 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: 2/25/2016 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 Staffs recommendation that the setback requirement for the outdoor display area be reduced to 15 feet, as required by the EOOD (Attachment #3). 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 Planting & Zoning Board recommended approval, subject to listed conditions, of the request on October 7, 2105, with a unanimous vote. #1 —Location Map #2 — Site Plan - Current #3 — Setback Diagram #4 - Staff Analysis and Worksheet — Sec. 1 #5 — SDecial Exception No. 2012-01 ADplh 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 AIA 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. Date: 2/15/2016 f ° �.. y,Q6 - ii - tI �,. �j � rte: , q � .-.. /• � E 0 State Road A•1 A MA ,fes I WI t0' RifeyM' fff l.� "�11D fo' w ow'.ef4 M v FRRDWND wW PACKARD Inc. VIRGINIA ESI.RWEIN engin m -lend Surveyors •MR nd11W e1M ' aff KWb .r[ML ..��.rN .f.ru ...�.. ,tf fm ru efcw, ruuo• nmf eu-aw ^tao se���pT Attachment #2 Gra s s ?grkin9 Display �Areo "of- -fp Se4e. Dispij Arms p.f fM Itrcetc Ge1I Ave,. Fr.'•t�? •s� noo•sey F — �tERt s ;i;Sf� •v. F t�E m EEtf t . OneStm QRS. t3 tt ff EEE ¢ z d zi It E� c E� If ' E 'E a�/ rurfre 0 State Road A•1 A MA ,fes I WI t0' RifeyM' fff l.� "�11D fo' w ow'.ef4 M v FRRDWND wW PACKARD Inc. VIRGINIA ESI.RWEIN engin m -lend Surveyors •MR nd11W e1M ' aff KWb .r[ML ..��.rN .f.ru ...�.. ,tf fm ru efcw, ruuo• nmf eu-aw ^tao se���pT Attachment #2 Gra s s ?grkin9 Display �Areo "of- -fp Se4e. Dispij Arms p.f fM Itrcetc Ge1I Ave,. 1 Attachment #4 Staff Analysis and Worksheet — Sec. 110-39(c) Special Exception No. 2012-01 (Amendment) All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. 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 a. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, rhe 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 Exception 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 6 110-39 of our code. To access our code visit www.citvofcaneconaveral.om; from the homepage select City Code of Ordinances; and click on the link to municode.00m. You and/or representative are required to attend the meetings at which your request will be considered. You will be noted 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 1._Completed Information Sheet 2. Authorization to represent property owner, d applicant is not the owner. If tenant: Notarized letter of authorization. If Other: Written Power of Attorney. 3._Paymenl 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 dead or Opinion of Tide 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: _ �1 p )\ IV, , /^ cky\\. C Ak Name of Project (if applicable): \ D ca,�,ar �-')US�Air $-S SL' ('\/,V.O, Legal description: Lot(s) Block Subdivision Section 0'3 Township 94i Range,_ Future Land Use and Zoning designations: L- lfJYy1YY\ Owner and Applicant Information: I am the property owner. I am a tenant. (Attach notarized letter of authorization). I am authorized agent other than 1a tenant: (Attach Written Power of Attorney) Owner(s)Name: V'�b�3n10. �6erwftn Mailing Address: P,�. (J -,Y Li77 CApc 6imV<f0\ rlialojL�0-097 Phone number(s): 'I- �V3a- 55.E Authorized Agent Information (if applicable): -� p / Name of Authorized Agent d ow a Zan e Mailing Address: salrytr Phone number(s): 3,?-/ - ccr\4mei'4P P,t.19 fir,rcnio..ls. c PD -Special Exception Application -101411 Page 3 Chy 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 no fledge and belief. Signature of Applicant: State of Florida ,Q County of �VA(l Swom to and subscribed before me on this day of 2011 by , ❑ who is personally known, or ❑ produced W. — Type of i.d. Signature of Notary: Notary Seal: PD- Special Exception Application -101411 Page 4 City of Cape Canaveral SPECIAL EXCEPTION Worksheet An applicant for a Spacial 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, 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 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 B 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 arr��d uses in the surrounding area77f1 LExplain why. S - i F6 co,++M[rc:pl P(�tr , j w? rltgd!i-o rM fwt v:SiIgII,P� (�r,n 5 hd,rS 2. Will the scald and intensity ofthe =Ep Sdippeeccxxal exception be co�npalible and harmonious with a�1'a nt and uses? j,Ns - M's cis A sww4l Srtrlcj Sirc1 I n�uK rr7`Atl a1. t onlYn 3. Will the c generet oIpteiton nd type adve ly impact land u aivie$ irk,(�the immeliale vidnilp .4 b(p-}(,�. f �i vy Lc lI IsA' sK�' �'r'Q+"[-F tlw'�71 C l'bruv.qq VS ib xsva� lw%cF�y d %v�nS4. Wili'therbposed specialvk create any adverse t to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, trp stonnwater runoff, or other offsite impacts? No 6a (% ; w -J arc . V R 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? ,.7 r3 5 E relvest S `9 )r++p P✓K Cul-ns3 Vis bm��% bele tic tcs�a+ cr er�etS CccOA 13x1, ark ixae.S PD -Special Exception Appliation - 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 the proposed scale and intensity of the SE requested? dr��� h CY uN+th S ape r[q v,Td. 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? N A_ 8. What are the hours of operation and how will they impact surrounding properties. Traffic and Parklna 9. Is there adequate off-street parking? W5 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? 'Yes �J 11. What type and how much traffic will the SE generate? 7j" Sr� Sivpld fowl bsj' eSS illi, e,r Pet/-���+ lot. 12. Are there adequate loading and unloading areas?N// Public Services 13. Are there adequate utilities available including location and capacity? 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? ^!O, 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surreoe water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? n/b, 16. Is there adequatergfuse facility for the use and is the. dumpster properly located and screened? N/d Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, opQn space, noxious and desirable vegetation, and flood hazards? /y0 ,. PD -Special Exception Application -101411 Page 6 City of Cape Canaveral SPECIAL EXCEPTION Worksheet — ConPd 18. Will the proposed SE have an adverse.impect on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? No 19. Will the proposed SE have an adverse Impact on the local eAlb y, ,� udin governmental fiscal Impact, emplo ent and pro rty values? )a Mie ffioy sed yrlcQn lzoo fnehvt jvvts 20. i e propo special exception have an ad else impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? /Vb PD -Special Exception 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 aro 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 oV the attached property survey. S%Arc kx%�vh Aloe a bL6 6)e(�'r%v 15 bc;r-� canCU461 r;6�} wiurc i'k, "sqvorc" it jrowr 0 ire in+a8t. fca5w-1'or 6o-neervN os ��,� a� tr Ari 14j'Drw1` VI'SP'a\ 6`"IlfS }b J+C bS ncS5 pr!}�.o1' /1pp�^Y &'S1+1 5 ceLlccev%vt rovtd, jf a e4 LaSc lo/ 2v,sti 6ieCjo, �eCrap4lo^ eVCv, J 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. E UI t in anpagD n ,,/ IID-33g�8i Address of requested Special Exception: 644 /4i ,, 1. AIS Uln'f C CX7e CC✓4f' Name of Project (If applicatrle): AIA bwA spaniels ao— Legal description, tolls) _'_Block Subdivision Section 9_ Township ;M-5 Raa�nge 37E Future land Use and Zoning designations: Owner and Applicant Information: I am the property owner. I am a tenant_ (Attach notarised letter of autimehafion). _ 1 am authorized agent other than a tenant (Attach Written Poway of Attonrsy) Owner(s)Name: r��y7U r�viliR*y MaltlngAddress: 'P.O. Box 991 Cove C.oAouera( EL aay2o-247'7 Phonenumber(s): (U)439-5500 or 182�g32-4T59 Authorized Agent Information ff apPIIcW*): Name of Auftrized Agent: i rfL Ps7 u -Lo P O Malling Address: 61111 A/ M. AvE Un; E C, CC�°�vSvyn r Phone 101411 Page 3 City of Cape Canaveral SPECIAL EXCEPTION Information Sheat -Cared I hereby attest that all information. sketches and data contained and made part of this request are honest and true to the go and belief. SlgneWre of Applicard� State of Ronda Cenmyof QrcUa-,O, Sworn to and subscribed before me on this r5 day of Pfr401 42 2D" acni<.I f5 Y7: lea - O who is personally known, or ijj roduced Ld. -Type of I.d. it O..wrJ 4; cera. Signature of Nota y. A/v _ _-- Notary Seal: ,Y rz- wrff� E�Pae$No/tl&8115 a�e11NI1� atlwY� PD- Special Exception Application • 101411 Page 4 City of Cape Canaveral SPECIAL EXCEPTION Worksheet (To be completed by the Applicant) An applicant for a Special Exception is required to meet with the Planning Director prior to completing and submitting the application. A Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, it controlled as to number, area, location, etc. would be appropriate. A Special Exception will promote the public Health, safety morals, order, comfort, convenience, appearance, prosperity or general welfare of the neighborhood community. With this definition in mind, completely and fully answer all queellions. An application is not considered complete and will not be accepted until all questions are fully answered. 11 is the applicants rasponsibdity to make a case for the requested spacial exception and this worksheet is the crfteria by which the Planning 8 Zorting Board will make its reoommencishon and Board of Adtusimeril will make its determination. Use a separate sheet of paper to provide complete answers. Nature of Special Exception Describe what you are proposing to do and why. Describe in writing and prepare site plans, architectural renderings, photos, etc. as necessary to fully describe the Special Exception requested Impact to surrounding) properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding ? Explain why. Yes, .0,y, 1}A e i'$ n O �;r{ IT / 1 2. Will scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? lye S 3. Wit the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? 1VQ 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 offshe impacts? No 5. Will there be adequate screening, buffers, la soaping, and open space, etc. to mitigate any adverse impacts of the SE? N/fi 7-Arre i,, )i be no o8ve (z PD- Special Exception Application - 071811 --- _— - _ — Page 5 City of Cape Canaveral SPECIAL EXCEPTION Worksheet — ConPd 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? es 7. 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 6. What are the hours of operation and tow will they impact surrounding properties? ff/A Traffic and Parkino 9. Is there adequate off-street perking?t( S 10. Is there adequate ingress and eg ress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? P S ue�'� 11. What type and Crow much traffic will the SE generate? lot- Svrr;ts . (c i Pcr Aor. 12. Are there adequate loading and unloading areas? XF 5 Public Services 13. Are there adequate utilities available including location and capaw- N/A 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? /yb 16. Is there adequatergfuse facility for the use and is the dumpster properly located and screened? N/4 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? NO FD -Special Exception Appiimdon • 07391 ] 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? 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? nrI3 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- Special Exception Application -071911 - - -- -�_��- Pagel C^ 1 FGWU ylT,lou To: MyofCape OrrveraI Few V~ ed Wpap at 6911 Al. Adm* Ave To whom k may mbem: As the popertyeaoer and head ofWil AlJln*Ave, UnIt G aaredty Wier haus by the Now. AIA Bair a, Rwds LLL, 4 I hereby audwW A1A Beach Remak,lltandks In to and akMnm with the dty regarding any aM mU mnpbrr@, a *iL k drr, *MWS O&AM S I I L aM WO R —Mm that pwUM to the apaatbn of drehr buslnrs at 6831 K Atlw tk Ave, Udt G In the evert I need to be readied rept ft dat n1atM, Ilam tall me at oOr U V3a-195 . em Nva■rl !B!k 4ad I Al 7510 N Atlantic Avenue —P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvflodda.com/cam o -mad: citvofcaoecanaveral.orR Free delivery and pick-up W your hoteVcondo or vacation home. Delivery: 7 Days a Week, 9AM • SPM Call anytime to schedule minimum order required I& wwwalatunrentais.com AIA beach Rentals combo Packages •UmbreOaw/ r •Cooler •2 Beach Chaim •1 Boogle Board • Sand Toy Assortment • Sports Balls Assortment $%/Day * $80/Two Days * $110/Week �Nllieeli�l'Carl • Umbrella w/ Sand Auger •2 Beach Chairs c •Cc • SprL Bat •1 Skim or I •1 Soft S $B0/Day * $1MWo Days T • whi etild Cbrt • Umbrella w/ Auger •2 Beach Chairs - •x •Copler $wDay Qa[y: �AYI 4igi �Afnt s s � P 6 ■ � � a s ro T amino pros ww V pY• K b Oi P ■ 2f N.Oo'SS'SfE..y � f uu �,F I.AF•� t _ Grass parking cl+ cI 7 One Story G6S. _ r ct n 4 6: !i Areas .I r.,+- dr4rvn. se4e� f i : i� I I Sfl' < T tsp4q Arras GrteU b S t a t e R o a d A• t A FREDWND and PACKARD Inc. VIRGINIA E&.RWEIN wVin m -lard wa yom e wr naaw Nix( aw wcrw .mra Wl�xlt/M� Wl��� .10 �' rm NCM. rrOAo. Ibsl sY.t1D q•�me , � Ynr Onln Iw W lllx[r •a xW IQY a1 N(O � Q f I �ryN — i . mx�ww newma � revx m roue, lmmre (/ 1 - �-an .ouc lr s�Ww wN � IYe MKlee. F_� Ave.. �;YaJ p]®Wtmvaw w...aH b�wlpyW�gyKJ ICwAXhJ.SYbiw.<AYNU YtitialW.u.2�.N �GeM:zL.w�v��'.-:u..N SHOW ,N OWDMI 0146012M Fm PRCPARII D BY AND RETURN 7Ot c tao*~ fealt 400 RWmd S. Aums4 Hispilic 96 WDbrd Street, Sable 302 Cosa PbrWa 32922 THIS DOIDITURE WITNESSBRl: 710 the Gasser, VRLGHUA D. MMWRNi, a dagle woer4 for and to cood*m" of deans of7ba Ddbn ($10.00) sod ober good sad whable moldentloo, me* of which Y beroby sdaml dged, does Mosby noire, mWw W4 quit cWm too the Omnse, VMGWM D. ERRRW UR, AS TRUI TRB (-rmwe9 OF THE V@GDDA D. FBIRWRNi TRW DATRD Uriah$ 28, Mg ('71uth, whose pow office addumm Is Bos 477, Cap Cmsyssl, Ponds 32920, W of the right, this, imwew, claim, and damW which the Gmnlor V In ad to the fnlbwing demrlbed nal sap to the County of Brovad, $see of Pbrk* to wit: Part of Govenuoont mat 4 of goo" 23, Toweuhlp 24 South, Rapp 37 Best, described as follows: The Smd 130 but of the Best 210 tout of the Nertb 32615 fes of the South 12263D ba of Gain smas Lal 4, of Section 23, Township uSoudi, Roo 37 Bast, Luevud County, Florida Mag vat of Stitt Rad 401. Tbb dad wr per - wYiad a sc ion or samdrtlm of the tkb Is tie drew tbaorlbe . peupsrty and a apidom or npteaenl -, as iWq rads,$flier eagtna % w lempiliely by Richard 5. Ansel, Mgdm or Ammf, Tulse O Bhemisragsr, P.A. TO HAVE AND TO HOLD tic mase k$aba wpb wi and wspiar the eppoMatma therans bdooghg or m anywhe appataldng, and a0 tic apo, right, title, lowed. lion, equity, and ddm wbetaoever of the Oaasr, el h In bw or equity, to the only pops use, heae8 sad behoof of the Gram forever. Pull power sed mdhority is gummed as Trmaw I. 70 iayu04, muwge, pont, wbNYWe acrd mm bdlvWe the mal arse, or any Ism tlrereop 2. 7b deflate Pains, amen, biginvir or alleys, sed w waw may aubdFWon, or Put thereof" 3. 7b contract to id or atdtaga" to gnmaptiom to ptandase; to all on any strums; NO w convey. ehMa whir or wMhout carWaea6orr for the anti property; 4. To aavey the real — or any pan dwaf, to a swoomor, or soccaus a, in trust, and to vW to such aaattwor, or arms, in Insit, all of the dit, estate poses, am ateodda vane In Trustee; sandy Crawford ow+ou con.. now" caeur Irut: x2wew .r ,aro sw ono • t..wns..,:-.hra vi:rwxi:m�Y >r4•-�-.%av1 f]>?�d'3fw"A£R�:,a 3w-.:a<c+A�..u.....n..::w aay.L:M nvv...e P'.iwaa.:iA`d`bXhM:.:),J 1. iv!os. S. 7b domle, to dedicate, to mortgage, or olherwise encumber, the reel auk or any pan 11hreof 6. To lease the real ante, or any part aemof, in pouesnon or myorsion, on any terms and for any period, or periods, of time, and to renew or alead le•»• on any leans and for any periods of time, and to emend, Change a modify such leave and the terms and provisions thereof•, 7. To contract to mite leases Will Io grant options m lease and options to renew, Ieases and options to purchase the whole, or any past, of the invention, and to connao respecting Oe manner of fixing the amtounl of preseN a future mnuts; S. To execute grams of easements or charges of any Idnd; 9. To release, convey or assign Any right, fide or )ntarest in or about or easemeN appurtermm to the east estate, or any pan thereof, 10, To deal with the title to The real esnle, and every part thereof, in arty way and for such consideration as would be lawful for any person owning the dile to the Tell estate a 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 real esnae or m whom the reel estate, or any pan thereof, is conveyed, oonoecrcd to be sold, leased or mortgaged by the Trustee be obligated to see to the application of any purchase -money, rent, or money borrowed a advanced on the read estate, or be obliged to sae that the terra, of the trust have been complied with a be obliged to Inquire into ft intensity or expediency of any act of the Trustee, Or be obliged or privileged to inquire into any of the terms of the Trust. Every deed, m Mal deed, mortgage, lease other imen ument executed by Trustee in relation to the real estate shall be conclusive evidence in favor of every person relying upon or claiming under any such conveYarre, lease or other instrument, (e) that at the time of the delivey thereof, the trust created by the Trust was in full force and effect, (b) that such conveymoe Or other instrument was executed in accordance with the trunb, conditions, and limitations contained herein and in the Trust , or in the amendments thereof, and binding on all beneficiaries, (c) that Trustee was duly authmiad and empowered to execute and deliver every such dad, Wil deed, leve, mortgage or other instrument, and (d) If the conveyance is made to a successor, or successors, in mist, that such successor, or successors, in Orin have ban properly appointed cod arc fully vested with all of the tide, mete rights, power, authorities, duties, and obligations of its, his, or their predaesmr in trust. Any contract, obligation or indeblednrs, incurred orenared into by Trustee in connection with the real Watt may be entered into by It in the name of the then beneficiaries, ss their attorney in fact or, al Trustee's option, in in own name AS Trutt, of an express Wet tad not individually. Trustee slot have on, obligation whatsoever with respect to any such Contract or the llxe except only m far As the trust property and funds in the actual possession of Trustee are On 6oeY. F: 3031 4890 w.+oxc.�r>non awxmuTxe;.r�,ya.Ma xe::: Y: APPliable for Its payment and dbohuge. All Permu and eorp Mien ea be cbergd with WIDE of thio OmWIdoo from the due of the fiWrg for record of Ibb dead. P Otamor herein warrm ant tip m is tient Wdter she oar arty member of her Florid►Con0lud n, said propaW and tlrt old Ppropertyb rot hontwlead -Forty u defined un _ �der 7be Oramor hereby covo=U with Uld 71ruroee that Getter L 4wfdly admd of Wd Me e"M 10 fee dmple; that Orator bu good right and laufbl authority to sell sad aoewy pad real cute; Wet Oruuer Hereby fully *worts the d& to pad real com and wW defend the "M sgalnri ft lawful ddms of W PWM' whomwvM; and that Slid red aWe b five of all eammbugmL IN WTTNESS WHERBOF, the Grantor INMAdd hu hereunto net her hand and sal, this De=ber 20, 1995. ram - ri.%_, e i STATE OF FLORIDA COMIT OF BRBVARD r• <4 , r � w • , • r The foregoing losburmm wu xknowledged before me this Dexmber 20, 1995, by VOtOWU D. EBERWEIN, who h personally knm to me, who hu pmduoed aat5dent identification, and who did falx an oath. N-OTAR� Y P T C roww-whim" na f't''I OMCIAL aFAI i Aua..17.1996g ."-, 1.,F, Oemm. Ne. Ce uau -3- — On aoe3w.s.: 35331 4691 Brevard County Property A- eism— Online Real Estate Property Cs� Pefc 1 of I Jim Ford, C.F.A. onlak Property APPwlsar 4 Property Mamie Filing Brovard County, Fl Research CUMHEas General Pareel lafntmalinn inr 7L77_]'iJlr.6aera t_mm� /t0 T.i.., N.,n.. Parcel W: 4-37-23-00- M . Mlllage 2 __-Use Exemption; 2011 eros: 0.72 00510.1-0000.00 Me H Code: Code: 1h Code: Total: Addraa,: 6811 N ATLANTIC AVE, CAPE CANAVERAL 32920 at: 435406 Agricultural Market s0 iA SO Site atldcess infotmadoo is assigned by the Bnward County Adita Assignment Office for E9-1-1 purposes; this information may net reflect community location or)uoprsty. Tax information is available at the Brevard County Tax Colleelm's web site (Select the back button to return to the Property Apprnisces web site) Name: IEBERWEIN, VIRGINIA D IISub IN 150 FT OF S 1050.25 FT OF E 210 FT Name: IEBERWEiN, ELIZABEIN W Address: FL 32920 V urs Znaam x..naa aa.w 2009 2010 2011 eros: 0.72 Market Value $381,7$280,0000 1h Code: Total: Agricultural Market s0 $0 SO Value: Assumed Value Non, 381,700 S280,000 S200,000 School: Assessed Value 381,700 280,000 00,000 School: " Homestead $0 SO so Exemption: m tion- -Additional —Addition 30 $0 S Homestead: •'Other 30 $0 $0 Exemptions: '"Taxable Value $381,700 S280.000 S200,000 on -School: ". Taxable Value $381700 $280,000 $200,000 chool: I , ' This is the "lot established for ad n)pm purywa in accordance wilb 5.193.011(1) and (b), Flonoe smtmes. I ms value doesn t represent andeipaad selling price for the Dcolseuy. Fampriom as rtflW d on the V.Wc Summery able, art applicable ter me yen, shown and may or may nor be applicable if an owner change bas occurred. City of Cape Canaveral Board of Adjustment Meeting Date: 02/25/2016 Item No. .3 Subject: Special Exception Request No. 2016-02 — A single-family home in category —110 & 112 Ocean Garden Lane. Applicant/Owner: Summary: This application is for approval of a special exception for the construction of a single-family home on lots 5 & 6 within the Ocean Gardens Wave One subdivision (see Attachment #1). This subdivision is essentially built -out with single- and two-family homes. The applicant is proposing to construct the home on two lots which are zoned C -I and together comprise .26 acres. Section 110-334 of the City Code requires the approval of a Special Exception for residential development in the C-1 district. In addition, the Code requires that standards associated with the R-2 district apply for any construction in the C-1 district. 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. For a detailed analysis of these criteria, see Attachment #3. The proposal meets the minimum standards. Surrounding zoning: North — C 1 South — Cl East — Cl West—Cl Surrounding Uses: North — residential South — residential East — residential West — residential In March of 1990, the City's Board of Adjustment approved Special Exception 90-2, which authorized the construction of townhouses within the Ocean Gardens subdivision. The majority of lots have been utilized for townhouse development. There have been two single-family homes built in this subdivision. The first is located at 149 Ocean Garden Lane and was built in 2004. The second is located at 135 Ocean Garden Lane and was built in 2006. At its January 27, 2015 meeting, the Planning & Zoning Board recommended approval of the Attachments: #1— Location Map/Site Photo #2 — Site Plan #3 - Staff Analysis and Worksheet— Sec. 1 the Approve Special Exception No. 2016-02. of Adjustment take the following action(s): the CD Director: David Dickey Date: Y }y. S 1 1 A j ^* i ATTACHMENT MAP OF 81 . t 'A1 G.�A'F.•� V� (�• :IY . zlM"d"A rorhun.x ATi'U"JJC.h.h' 7';1"!"[•;F"4'ij�m:':��:��_er 4A':.::n .•r l:a yA:alA rI I w• r.+ �v v - i .M I T�. ;A � ui �CP+• haYt T� I' / S �• .IVY . t 'A1 G.�A'F.•� V� (�• :IY . zlM"d"A rorhun.x ATi'U"JJC.h.h' 7';1"!"[•;F"4'ij�m:':��:��_er 4A':.::n .•r l:a yA:alA rI I w• r.+ �v v - i Attachment #3 Special Exception Worksheet and Staff Analysis SE 2016-02 All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. The subject property in located within a residential subdivision consisting of single- and two-family homes. The proposed SE represents a continuation of residential development in the area. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? The proposed use is compatible with the uses in the area. The use is compatible with adjacent residential uses. 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 puking, signs, storage, landscaping, etc.? The City Code requires that any residential development in the C-1 district meet R-2 district requirements. The subject property is approximately .26 acres and can accommodate required R-2 setbacks, lot coverage standards, etc. The standards will be verified during the Building Permit process. 2. Impact to Surrounding Properties a. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the surrounding properties have developed in a residential manner which is consistent with the proposed use. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. The proposed single-family home is compatible with existing residential development in the area. c. Will the traffic volume and type adversely impact land use activities in the immediate vicinity? No. Traffic generated from the proposed use wiR be consistent with other residential uses in the immediate vicinity. 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. The proposed use is located within a larger residentially -developed district and will be required to meet City and State rules that will address potential off-site impacts. Stormwater runoff will be required to be retained on-site as required by City Code. e. Will there be adequate screening, buffers, landscaping, open space, off-street parking, and other similar site improvements to mitigate any adverse impacts of the special exception? Yes, site improvements as required by the City Code will be erected/constructed as part of the City's approval process. £ 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, see the 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? Use of the property will be required to meet City standards which will be enforced through the City's Code Enforcement process. 3. What are the hours or operation and how will they impact surrounding properties? Not applicable. 4. Traffic and Parking a. Is there adequate off-street parking? Yes. The necessary parking will be confirmed during the City's approval process. 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 Ocean Garden Lane which ties into N. Atlantic Boulevard. c. What type and how much traffic will the special exception generate? The proposed special exception will generate traffic typical of a single-family use. d. Are there adequate loading and unloading areas? Yes. 5. 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. Due to the nature of the proposed use it is not anticipated any unusual demand will be placed on public safety services. 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. The proposed use will not have any adverse or greater impacts than other residential uses in the area. d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? Not applicable. 6. 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? This proposal would allow the development of the one of the few remaining undeveloped lots in this subdivision and is not anticipated to have an 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. This proposal would allow the development of the one of the few remaining undeveloped lots in this subdivision and is not anticipated to have an adverse impact on the cultural/bistorlc environment. c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. Development of the site will increase the assessed value of the subject parcel. 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. The proposed special exception is located within an existing residential development and its construction will have a positive impact on neighborhood quality. ATTACHMENT 4 �'Ly or a dye �Hlldverdr 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. To change the zoning of 110 8 112 Ocean Garden Ln., Cape Canaveral, FL from commercial to residential, and to combine the two lots and build a single family residence on the lots. Address of requested Special Exception: 110 a 112 Ocee t Garden Ln., Cape Canaveral FL Name of Project (if applicable): Legal description: Lots) 10813 Block Subdivision O`can Gardena Section Township __ Range Future Land Use and Zoning designations: R1 Owner and Applicant Information: K I am the property owner. am a tenant. (Attach notarized letter of authorization). _ I am authorized agent other than a tenant: (Attach Written Power of Attorney) Owner(s) Name: b9ailne�, C. Mailing Address: Phone number(s): Authorized Agent Information (if applicable): Name of Authorized Agent: Chnstoper M. Sen f Mailing Address: 519 Arbor wage Ln., Titusville, Fl- Phone L Phone number(s): 321-385-9235 se110010fgmeil.com, stampetal@yyahoo.com Susan E. Danlay Special Exception Application - 4/2015 Page 3