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HomeMy WebLinkAboutBOA Minutes 1-7-2016BOARD 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 Chairperson Douglas Raymond Vice Chairperson Desmond Wassell George Sweetman Joe Elliott Linda Brown MEMBERS ABSENT None Kimberly Kopp Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary Note: Due to technical issues, portions of this meeting were not captured on audio. NEW BUSINESS: 1. Aooroval of Board of Adjustment Meeting Minutes —June 25.2015. Motion by Mr. Wassell, seconded by Mr. Elliott to waive the reading and approve the Meeting Minutes of June 25, 2015, as presented. Vote on the motion carried unanimously. 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 Motion by Ms. Brown, seconded by Mr. Wassell to recommend Arvo Eilau continue as Chairperson. Vote on the motion carried unanimously. 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. 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 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. OuasiJudicial 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. 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, 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 Staff's 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 nonconforming 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. OuasiJudicial and/or Public Hearing: Motion Re: Zoning Determination per Section 110-257 Code of Ordinances — George Sweetman — Applicant - 111 Pierce Avenue. Mr. Dickey presented Staff's 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 permit 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 110.157. - 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 II 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. 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 -I 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 property 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 -I 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 carred unanimously. REPORTS AND OPEN DISCUSSION: Mr. Dickey extended an invite to the ribbon cutting ceremony for Homewood Suites Hotel that will be forthcoming. ADJOURNMENT: 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. {' Apro don this I day of {'C"1 , 2016. Chairperson Huffman,