HomeMy WebLinkAboutBOA Minutes 4-5-2012City of Cape Canaveral
Board of Adjustment
Meeting Minutes
April 5, 2012
A Meeting of the Board of Adjustment was held on April 5, 2012, at the City of Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Paula Collins,
Board Member, called the meeting to Order at 7:00 P.M. The Secretary called the roll.
MEMBERS PRESENT:
Paula Collins
George Sweetman
Linda Brown
Arvo Eilau
MEMBERS ABSENT:
Dennis Jenkins Vice Chairperson
Douglas Raymond
OTHERS PRESENT:
Barry Brown Planning & Development Director
Susan Chapman Secretary
Kate Latorre Assistant City Attorney
Lamar Russell Ex Officio Member & Chairperson of the P & Z Board
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
Approval of Meeting Minutes: November 10, 2011.
Motion by George Sweetman, seconded by Linda Brown to approve the meeting minutes
of November 10, 2011, as written. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No. 12-01 to Allow a Retail Store to use
Outside Display Areas in the C-1 Zoning District - (6811 N. Atlantic Avenue,
Unit C) - AIA Beach Rentals, LLC, Applicant.
Barry Brown, Planning & Development Director, advised that AIA Beach Rentals has
requested a Special Exception for outdoor display of beach rental equipment including:
surfboards, paddle boards, bicycles, canoes, kayaks, and a canoe/kayak trailer. The
applicant has leased space at 6811 N. Atlantic Avenue and the ability to display the
equipment outdoors is a vital part of marketing for a business of this nature. Outdoor
display for retail stores in the C-1 zoning district is allowed pursuant to a Special
Exception. He verified that the request complies with the Code. He advised that the
Planning & Zoning Board heard the request and by a 4 to 1 vote recommended approval
with the condition that the site plan show the scale, all display areas, parking, and grassed
areas. He verified that the site plan was updated to show the dimensions and areas
requested by the Board.
Board of Adjustment
Meeting Minutes
April 5, 2012
Page 2 of 2
Barry Brown advised that Staff recommended approval of the request subject to the
following conditions:
1. The display area shall be limited to 446 sq. ft. in total area;
2. The display area shall be in substantial accordance with the presented site plan
that depicts the location of the display areas;
3. The display shall be limited to beach rental equipment to include: surfboards,
paddle boards, bicycles, canoes, kayaks, and (1) 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 Board members held brief discussion regarding the location of display areas as
depicted on the site plan.
Motion by Linda Brown, seconded by George Sweetman to approve Special Exception
Request No. 12-01, with all conditions recommended by Staff. Vote on the motion
carried unanimously.
3. Interview & Recommendation to City Council Re: Appointment of Regular
Voting Member - Arvo Eilau.
Kate Latorre, Assistant City Attorney, explained that this agenda item was a formality
based on Code changes.
Motion by Linda Brown, seconded by George Sweetman to recommend appointment of
Arvo Eilau as a regular voting member. Vote on the motion carried unanimously.
OPEN DISCUSSION
Arvo Eilau advised that the carwash on Monroe Avenue was not in compliance with the
landscaping Code. Kate Latorre advised that the Code does not have a revocation clause
for granted special exceptions and violations of the Code are handled through code
enforcement. She explained that there are monetary fines that can be imposed, and a lien
placed on the property which could cloud the property title. Arvo Eilau inquired if the
City could require property owners to post a performance bond when a special exception
is granted. Kate Latorre replied that she would research the issue and report back to the
Board with her findings.
There being no further business the meeting adjourned at 8:05 p.m.
Board of Adjustment
Meeting Minutes
/Of/0", April 5, 2012
Page 3 of 3
Approved on this -2�( F kday of I � V 12012.
Dennis Jenkffis,,X"i'ce Chairperson
Susan L. Chapman, S