HomeMy WebLinkAboutP&Z Agenda Pkt. 9-11-2013ROLL CALL:
NEW BUSINESS:
City of Cape Canavera
PLA-ARIRG & ZONING BOARD
REGULAR MEETING
PE CANAVERAL PUBLIC LIBRARY
201 "• AVENUE
SEPTEMBER 11, 2013
• P.M.
4,GE— I
Approval of Meeting Minutes: August 28, 2013.
2. Recommendation to City Council Re: Request to Amend the Code of Ordinances to
Expand the List of Possible Variances to Include "Lot Dimension" - Mark Smith for Rainier
Construction, Inc., Applicant.
3. Recommendation to City Council Re: Request to Amend the Code of Ordinances to Allow
for the List of Possible Variances to be Expanded to Include "Location of Accessory
Structure"; to Revise the Definitions of Landscape, Accessory Structure, Accessory Use,
and Side Yard; and Revise Section 110-468, Accessory Structures - Kim Rezanka,
Authorized Agent.
OPEN DISCUSSION:
rAT
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 Planning & Zoning Board 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 & Economic Development Department (868-
1205) 48 hours in advance of the meeting.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org
PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 28, 2013
A Meeting of the Planning & Zoning Board was held on Wednesday, August 28, 2013, at the
City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to
Order at 6:25 p.m. by Chairperson, Lamar Russell. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
John Fredrickson
Bruce Collins
John Price
MEMBERS ABSENT
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Todd Morley
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
Secretary
Assistant City Attorney
Community & Economic Development Director
Planning & Zoning Director
Approval of Planning & Zoning Board Meeting Minutes - July 10, 2013.
Motion by Bruce Collins, seconded by Harry Pearson to approve the Meeting Minutes of July
10, 2013. Vote on the motion carried unanimously.
2. Review & Recommendation to City Council Re: Ordinance No. X-2013; providing for the
regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of
the Code of Ordinances; amending the signage requirements for the A1A Economic
Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and
resolutions, incorporation into the code, severability, and effective date.
Community & Economic Development Director, Todd Morley summarized that the Board began
review of the proposed Sign Code revisions on May 22, 2013, and continued the review on July
10, 2013. At the July 10th meeting, discussion began with the topic of "window sign" exemption
regulations, with Attorney Kim Rezanka providing suggested revisions. The Board requested
that Staff continue work on this section of the code and return with a recommendation.
Mr. Morley stated that Staff has subsequently been in discussion with Ms. Rezanka and
reviewed several options. These discussions have been helpful and a reasonable and practical
solution appears to be developing. However, as of the time of this agenda, Staffs work on this
section is not complete. He hoped to have it ready in time for the next meeting. He advised that
the Board at its July 10th meeting also reviewed "electronic signs" and "temporary signs". He
respectfully requested that the Board continue review of the remaining portion of the Ordinance.
Planning & Zoning Board
Meeting Minutes
August 28, 2013
Page 2 of 3
Todd Morley asked if anyone had any comments or questions regarding the code sections that
the Board already reviewed and discussed. John Price advised that at the last meeting the
Board held discussion regarding the minimum length of time for a message to display on an
electronic message board. Staff had recommended the minimum time for display be changed
from seven seconds to four seconds. The Board held discussion and by consensus they
agreed that the minimum message should display for seven seconds. Mr. Price continued,
stating that since that meeting he had read several messages on electronic display boards and
discovered that seven seconds would be too long. He asked the Board to reconsider going with
Staffs recommendation to change the minimum to four seconds. By unanimous consensus the
Board agreed with Staffs recommendation to change the minimum time for a message board to
be displayed to four seconds.
The Board continued review regarding the proposed ordinance, starting in the middle of page
13, Division 3 - District Regulations. The Board held a lengthy discussion regarding non-
conforming signs, implementation of an amortization schedule, termination, and notification to
property owners. Citizen, Joyce Hamilton advised that she performed a sign inventory of signs
located along A1A and N. Atlantic Avenue. She counted a total of 47 signs. She advised that
30-40 businesses would need to spend money to comply with the new sign code, as proposed;
and 4 or 5 of the 47 signs were located within the visibility triangle. Harry Pearson asked if
Section 94-121, Exceptions and Appeals proposed to change the allowable height of all signs
from 20 ft. to 15 ft. Todd Morley advised that this was a typo that needs to be revised to read
"20 ft." He explained that the reference to 15 ft. was related to when the code was changed five
years ago to limit electronic signs to 15 ft. Lamar Russell pointed out that businesses need
leeway and are not interested in electronic signs below 20 ft. in height. Discussion continued
regarding electronic signs.
Chairperson, Lamar Russell announced a break at 7:15 p.m. He called the meeting back to
order at 7:24 p.m. The Board continued review and discussion of the proposed ordinance.
Todd Morley continued with the remaining portion of the proposed Ordinance, starting with
Section 3, a revision to the City's Zoning code, Chapter 110, Article X. A1A Economic
Opportunity Overlay District, Division 7, Signage Code Amendment, Section 110-709 —
Business Park/Area Multi-user Sign. He explained that this portion of the ordinance was
intended to make it possible to have "Industrial Park" entrance signs at the entrances to the
City's Industrial Districts and that the signs would allow for many business to be advertised on
the main thoroughfares fronting the industrial zoning district. He advised that the City has many
businesses in this district which have limited exposure. He added that the City had no
knowledge of whether the owner(s) of the "entrance properties" were interested in pursuing
such signage, but that Staff's desire was to provide the mechanism in the code, should the
property owner(s) wish to install such signs. He further explained that, because the sign would
likely need to vary from some of the technical regulations, this ordinance requires that such
signage be formally approved pursuant to a Developer's Agreement approved by City Council.
Mr. Morley stated that this concluded the proposed sign code revisions and advised that Staff
will include all of the Board's recommendations to the proposed draft ordinance which he hoped
would be ready for the Board's recommendation at the next meeting. Barry Brown advised that
the next Board meeting was scheduled for September 11, 2013. At that meeting, the Board will
consider addressing two code amendment requests to expand the list of possible variances of
the City's zoning regulations.
Planning & Zoning Board
Meeting Minutes
August 28, 2013
Page 3 of 3
Barry Brown announced that the helicopter tour business applicant withdrew his request.
There being no further business the meeting adjourned at 7:54 p.m.
Approved on this day of , 2013.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
-lanning ► Zoning Board Agenda Form
P&Z Board Meeting Date: 09/11/2013
If
Item
•
Subject: Request to Amend the Code of Ordinances to expand the list of possible
variances to include "lot dimension".
Department: Community and Economic Development
Summary: The Code defines a "variance" as a relaxation of the terms of this chapter
(Chapter 110) when such variance will not be contrary to the public interest and when,
owing to conditions peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary and undue
hardship. Also, a variance is authorized only for height, area, size of structure or size
of yards and open spaces. This definition does not allow for a variance for the width
of a lot.
The owner of a vacant 120' x 148' lot on Central Boulevard wants to split the property
into two (2) lots and construct two (2) single family residential homes. The lot is zoned
R-1 which calls for a minimum lot width of 75 ft. Splitting the lot would create two
nonconforming lots, 60 ft. in width. However, the lots would meet all other R-1
requirements (lot depth and area) and the proposed home product will meet setbacks,
lot coverage, etc.
The applicant is requesting that the Code be amended to allow for the opportunity to
request a variance for the dimension of a lot.
Staff supports the request, and in addition, would like the P&Z Board to consider
expanding the list of possible variances to include Chapter 110 Zoning Regulations
which would allow variances for zoning district regulations (lot size & dimension, etc.),
parking and loading requirements, landscaping, fences, etc.
Attached is a survey of other local governments and the regulations they allow to be
considered for variances. The cities of Cocoa, Cocoa Beach, and Rockledge limit
variances to the same regulations as Cape Canaveral. In addition to the items Cape
Canaveral allows for variances, Satellite Beach includes setbacks, fences, and
landscaping. Brevard County allows for variances to all zoning and sign regulations.
Titusville allows variances to all land development regulations. Melbourne also allows
variances to zoning regulations and in addition provides for an "administrative waiver'
process.
Submitting Director: Barry Brown Date: 09/04/2013
Attachment(s): 1) Application, 2) Survey of Local Governments.
Staff recommends that Planning & Zoning Board take the following action:
Add "lot dimension" to the list of possible variances and consider expanding the list of
possible variances to include all zoning district regulations in Chapter 110 - Zoning.
F41 g, a a
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ADDRESS:
State— L. ZIP3-Z2—(:Ig TELEPHONE: L/0 Lq elc> -z q
REQUESTING AMENDMENT TO CODE SECTION 110
SECTION PRESENTLy READS: Se&'
REQUESTED CHANGE TO R.EAD:__
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REASON FOR REQUESTED CHANGE:
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FEE FOR REQUEST: $250.00 DATE PAID:
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City aCape Cguaver2i
Building Department WUA
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DATE FILED FEE P�M DF-posrr-t-b M 00
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NATURE OF REQUEST
SPECIAL EXCEPTION VARLANCE REZONING APPEAL V"CODE AMENDMENT
(IF REQUEST IS FOR A TELOO—MMUNICATIONS TOWER ATTACH SHEET # I OF TOWER APPLICATION)
DESCRIPTION s..
(insure that the specific sections of the Zoning Ordinance that allow & support your request am rioted)
(Attach separate shed if necessary)
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2�h being duly swom,.depose aind say that:
the owner.
Owner's Name ^9
Address
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Home Phone # V,9 7- pVg-
(If other than owner) 2Y -S-3 Work Phone# Other
Applicant's Name
Address city late
Home Phone # -Work Phone # Other
All information, sketches and data contained and made part of this request are honest and true to the best
iif my knowledge and belief.
Sworn tand subsen'bed before me
this E.-npday of-:& 4k -2.o
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Public State S%Inol,
Mary E Satorski
My commission EE147671
V., L, Expires 11/20/2015
The completed request form and the $250.00 filing fc-c- - --w "
must be filed as ^f0laws: 'l(C4qests for Variances and Special
Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting-, request
for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for TolecommuniationsTowers, sixty
days prior to the Planning & Zoning Board meeting. The Board ofAdjustmenCmetting, will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section 110-92 for applicability)
f2R CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No. on
Notice posted on Bulletin Board on
Notice posted on subject property on — — — — Prop. owners within 500 ft. notified on
CURRENT:
Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the
public interest and when, owing to conditions peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
As used in this chapter, a variance is authorized only for height, area, size of structure or size of yards
and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because of the presence of nonconformities in the zoning
district or used in an adjoining zoning district.
REPLACED BY:
Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the
public interest and when, owing to conditions peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
As used in this chapter, a variance is authorized only for height, area,LOT DIMENSION, size of structure
or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be
allowed by variance nor shall a variance be granted because of the presence of nonconformities in the
zoning district or used in an adjoining zoning district.
REGULATIONS ELIGIBLE FOR A VARIANCE
Survey of Local Governments
Chapter 110 — Zoning
Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the
public interest and when, owing to conditions peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
Asused inthis chapter, avariance isauthorized only for height, anea,dzeofstrucLureorSimeVfyards
and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because of the presence of nonconformities in the zoning
district orused in an adjoining zoning district.
Chapter 98 - Subdivisions
Sec. 98-4. Variance.
(a) Hardship. VVhen2 the planning and Zoning board finds that hardship may result from strict
compliance with this chapter (Subdivisions), it may recommend that the regulations be varied
so that substantial justice may be done and the public interest secured; provided that such
variance will not have the effect Ofnullifying the intent and purpose Ofthe comprehensive plan
orthese regulations.
Sec. 62-2S2.Application.
Any person owning an interest in any real property may apply to the board of adjustment for a variance
from the provisions ofarticle V| (Zoning Regulations) nfthis chapter, pertaining tozoning, orarticle |X
(Signs) of this chapter, pertaining to signs. The application shall be accompanied by a fee established
from time to time by the board of county commissioners. The application shall be in such form as
approved by the board of county commissioners, and shall contain the following information:
(1) The name of the owner of the particular real property shall be included.
(2)|fthe applicant isother than all the owners ofthe particular property, written consent signed bvall
owners ofthe particular real property shall beattached.
(3) The application shall contain the legal description of the particular real property, accompanied by a
certified survey of that portion of the map maintained by the property appraiser reflecting the
boundaries nfthe particular real property.
(4) The application shall contain the current zoning classification, special use classification, and any
specified conditions or conditional use designation as recorded on the official zoning maps.
(5) The application shall contain the variance requested from the provisions of this chapter, plus the
basis for the request.
Cocoa
Chapter 18 — SUBDIVISIONS
Where, because of topographical or other conditions peculiar to the site, strict
adherence to the provisions of the regulations of this chapter would cause unnecessary
hardship, the planning board may recommend and the city council authorize a variance, if
such variance can be made without destroying the intent of this chapter. Any variance thus
authorized is required to be entered in writing in the minutes of the planning board and of the
city council and the reasoning on which the departure was justified set forth.
VARIANCE. A variance is a variation of the terms of the zoning ordinance where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the property or lot of record
and not the result of the actions of the applicant, prior to filing of application, a literal enforcement of
the ordinance would result in unnecessary and undue hardship (refer to article XVII, section 3).
Sec. G. - Scope ofspecial exceptions and variances.
(A) SPECIAL EXCEPTION. The board of adjustment may only authorize a special exception, as defin&
in article V, Zoning, that is specifically listed for each applicable zoning district (refer to article XI,
Schedule of District Regulations).
(B) VARIANCES. The board of adjustment may only authorize a variance, as defined in article V,
Zoning, and in accordance with the following provisions:
/1\ /\ variance isauthorized only for height, area, size mfstructure mrsize ofyards and open spaces.
(2) Establishment or expansion of a use otherwise prohibited shall not be allowed by variance.
/3\ A variance shall not be authorized because of the presence of nonconformities in the zoning
(4) No variance is allowed for financial or self-imposed hardship.
WOMOTT-M M711
Variance. This shall be a relaxation of the terms of these regulations where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the property and not the
result ofthe actions ofthe applicant, a literal enforcement ofthese regulations would result in
unnecessary and undue hardship. As used in these regulations, a variance is authorized only for height,
area and size of structure or size of yards and open spaces. Establishment or expansion of a use
otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the
presence ofnunconformiiies in the zoning division or district or adjoining zoning divisions or districts.
ARTICLE VI. - VARIANCE
Where because oftopographical orother conditions peculiar tothe site, strict adherence tnthe
provisions of regulations would cause unnecessary hardship, the board of adjustment may authorize a
variance, if such variance can be made without destroying the intent of these regulations. Any variance
thus authorized is required to be entered in writing in the minutes of the board of adjustment and the
reasoning onwhich the departure was justified set forth.
Section 5-51. - Standard site design variances. (tMs is specffic to coirrunerciai site p|ans and is foir rekef
fromasite des|gnorenghneer>ngstandard)
The board ofadjustment may grant astandard site design vahanoefnomdheapp|icabi|hvorspecific
terms of these regulations, exclusive of zoning regulations which shall also be heard by the board of
adjustment, when such standard site design variance will not be contrary to the public interest and
where, owing hospecial conditions, aliteral enforcement ofthe provisions ofsite design standards
would result in unnecessary hardship. Applications for standard site design variances must be applied
forinaccordanoewithsectionS~5Z,andmustbeadvertisedinaccondancewhhsection1`42D.ofthese
regulations.
Melbourne
Appendix 8—Zoning
Definitions
Variance. A relaxation of the terms of the zoning ordinance where such variance will not be contrary to
the public interest and where, owing to conditions peculiar to the property and not the result of the
actions ofthe applicant, aliteral enforcement ofthe ordinance would result inanunnecessary and
undue hardship.
Sec. 7. Variances.
To authorize upon application in specific cases such variance from the terms of this ordinance as will not
be contrary to the public interest where, owing to special conditions, a literal enforcement of the
provisions ofthis ordinance could result inunnecessary hardship.
All Appendix BZoning Regulations are eligible for variance.
Sec. 8. Administrative waivers.
The applicant for a waiver from the administrative review committee shall submit a letter to the
planning and economic development director setting forth the specific request and need thereof. The
letter shall include the following documents as attachments and/or exhibits:
(1) A signed affidavit (submitted on a form prepared by the city) from all abutting property owners
indicating no objection to the requested waiver.
(2) Failure of the applicant to obtain signatures of all abutting property owners will require a public
hearing before the board of adjustment for a variance under the provisions of this article. For the
purpose of this section, the term "abutting" shall include those properties directly across the street from
the property requesting a variance but shall not include lots that touch at only a point.
(3) Verification by survey of existing lot size and dimensions, existing setbacks, and the percentage of
lot coverage for all structures, drives and parking on the lot.
(4) A fully dimensioned and scaled sketch plan depicting the variance request.
(A) Applicability.
(1) Setbacks. In any zoning district, side, side corner, front and rear setbacks may be partially waived by
a unanimous decision of an administrative review committee consisting of the code compliance director,
city engineer and the planning and economic development director, or their city staff designees, under
the following conditions:
(a) The waiver shall apply only to the following:
1. Setbacks identified in Article V of this Code for principal structures.
2. Setbacks identified in Article V of this Code for (3) yard encroachments and (4) accessory structures.
3. Setbacks for parking identified in Appendix D, Chapter 9, of the Land Development Code.
4. Setbacks for signs identified in Appendix D, Chapter 9, of the Land Development Code.
(b) The waiver shall not exceed ten (10) per cent of the required minimum setback in the specific zoning
classification.
(c) The waiver shall not, in the opinion of the administrative review committee, have an adverse affect
on the neighborhood or general welfare of the area.
(2) Lot area. In any zoning district, a waiver of minimum lot area, width or depth, if the lot does not
meet the minimum size, width or depth required of the zoning classification as specified in Article V,
may be partially waived by a unanimous decision of the administrative review committee under the
following conditions:
/a\ The waiver shall not exceed ten (10) per cent of the required minimum lot area, width or depth, as
required inthe specific zoning classification.
/b\ The waiver shall not, in the opinion of the administrative review committee,beinconsistent with the
general lot sizes in the neighborhood or have an adverse affect on the neighborhood or the general
welfare of the area.
/0\ Action.
Denial of the request for an administrative waiver under the provisions of this section shall not preclude
the applicant from requesting a variance from the board of adjustment under the provisions of this
article. In such oases, the petitioner shall submit formal application for variance consistent with the
requirements ofthe article.
Variance: As used in connection with the provisions of these regulations dealing with zoning, means a
modification of the zoning ordinance regulations when such variance will not be contrary to the public
interest and when, owing to conditions peculiar to the property and not the result of the actions of the
applicant, a literal enforcement ofthe ordinance would result in unnecessary and undue hanjship.A
variance is authorized only for height, area and size of structure or size of yards and open space.
Establishment orexpansion ofa use otherwise prohibited shall not beallowed byvariance, nor shall a
variance be granted because of the presence of nonconformities in the zoning district or classification or
in adjoining zoning districts or classifications. Any variance to the zoning ordinance regulations must be
authorized by the Rockledge Board of Adjustment and must meet the criteria stated inthis Code.
(b)
Variances. The board shall hear and decide requests for variances.
(1)
Permissible subject matter. The board may grant variances for the following matters only: structure size
and height, lot size and area, yard size and amount of open space, setbacks, fences, and landscaping.
(2)
Eligible applicants. Only the following may request a variance:
a.
The owner(s) of at least 75 percent of the property or an agent they have authorized through a properly
executed power ofattorney;
b.
The city council;
C.
The planning and zoning advisory board; and
_
Titusville
Volume 11 — Land Development Regulations
Variance: A relaxation of the terms of these regulations where such variance will not be contrary to the
public interest and where, owing to conditions peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of these regulations would result in unnecessary and undue
hardships.
Noother restrictions.
Sec. 34-27. Variances to subdivision regulations -1
b\ Classification of variances.
(1) A request for a variance from the requirements of this chapter as part of a PSP approval shall be
reviewed bythe DRC.
(2 A proposed variance shall be classified and reviewed as follows:
a. Nonsubstontiol variance. A nonsubstantial variance from any of the technical requirements of this
chapter may be approved, approved with conditions or denied by the DRC upon compliance with
subsection (b) below. The DRC decision may be appealed to the board of county commissioners. The
board of county commissioners shall hold a public hearing on the appealed DRC decision. If appealed,
the public hearing procedures o shaUbefoUowed.
b. Subston�o/vor�nce.Asubstandn
a|variaoefnmmmnyofthetechnica|requiremenLsofthischapter
shall be reviewed by the DRC and a recommendation for approval, approval with conditions or denial
shall be forwarded to the board of county commissioners. The board of county commissioners shall hold
a public hearing on the variance request. The public hearing notice procedures set forth in -section
shall befollowed.
(3) The determination whether the variance is a substantial or nonsubstantial variance shall be made by
the DRC based upon the scope, nature, density/intensity, consistency with the CPP and location within
the boundaries ofthe property ofthe proposed variance.
Sec. 34-28. Variances to zoning code (chapter 38).
(a) The board of county commissioners may grant a variance from the building requirements contained
in chapter 38, zoning, which are either specifically listed in section 38-1501 for those districtslisted
therein or from the types of requirements contained in section 38-1501 for the UR, RCE -2 and RCE -5
Urban Village districts, provided a variance from the section 38-1501 type requirements:
(1) Affects more than one (1) lot; and
(2) May have an effect on the overall site development of the subdivision.
Zoning Variance: A grant of relief from the requirementsof_Ch , e .6t which permits development in a
manner otherwise prohibited where specific enforcement would result in unnecessary hardship.
Sec. G5.37U.Purpose ofZoning Variance Requirements.
-~
This Part is established to provide standards and procedures for the granting of Zoning Variances from
the provisions of this Chapter through a quasi-judicial review by the Board of Zoning Adjustment where
they find that there are conditions peculiar to the property which create undue construction or
development hardships in complying with the strict letter of this Chapter.
Sec. 65.371.When the Requirements ofthis Part Apply—,'
The Zoning Variance procedures of this Part shall apply to the development standards set forth in the
following portions ofthis Chapter:
/a\
Parts 1--5,Zoning District and Use Regulations.
(b)
_G,J,, Part 2, Major Thoroughfare Plan.
/c\
Parts 3A,SB,9[,3D,and 3FParking and Loading Requirements, with the exception of
.Section 61,3
Handicapped Access.
(d)
Part 2,Landscaping, Buffering and Tree Protection Requirements.
(e)
�,hjqptp 5=1
�, Parts 2, Air Quality, Electromagnetic Interference, Heat, Noise, Odor and Vibration
Requirements.
(O
Increased Nonconformity of a building, structure or vehicular use area (see Chapter 58, Part 7C).
(g)
p
Parts 1, 2, 3 and 5, Sign Regulations, General Requirements, Sign Standards and
Nonconforming Signs.
(h)
Part 7, Preservation and Architectural Design.
City of Cape Canaveral
79anning & Zoning Board Agenda Form
"&Z Board Meeting Date: r•
Item No.
Subject: Request to Amend the Code of Ordinances to allow for the list of possible
variances to be expanded to include "location of accessory structure"; to revise the
definitions of landscape, accessory structure, accessory use, and side yard; and revise
Section 110-468 - Accessory Structures.
Department: Communitv and Economic Development
Summary: The Code defines a "variance" as a relaxation of the terms of this chapter
(Chapter 110) when such variance will not be contrary to the public interest and when,
owing to conditions peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary and undue
hardship. Also, a variance is authorized only for height, area, size of structure or size
of yards and open spaces. This definition does not allow for a variance for the
location of an accessory structure.
The owner of a single family residence at 625 Manatee Bay Dr. has constructed a "tiki
hut" in the front yard of his property. The code does not allow for accessory structures
to be erected in any front yard. The property has been cited, the case was heard by the
Code Enforcement Board on July 18, 2013, and the Board granted an extension to
November 21, 2013 to allow the applicant an opportunity to have their request heard by
P&Z and the Council.
Accordingly, the applicant is requesting amendments to the Code that will allow for
location of the "tiki hut" in the front or side yard. The amendments include new and
revised definitions and including "location of accessory structure" as eligible for variance
consideration. The requested code amendments are shown in strikethFGug# and
underline below:
Landscape means elements of nature and manmade objects, including but not
limited to benches, tiki huts, fountains or other decorative features, combined in
relation to one another.
Sec. 110-1. Definitions
Accessory Structure means any structure separated from a principal structure
which has a horizontal building component supported by one or more vertical
supports; and such horizontal building component exceeds 30 square feet in
area. Examples: sheds, detached garages and tiki huts.
Accessory Use means a use naturally and normally incidental to, subordinate
to, and devoted exclusively to the main use of the premises.
Side yard means the yard between the building and the side lot line of a lot and
extending from the front lot line to the rear lot line along the site of the principal
Planning & Zoning Board Meeting Date: 09/11/2013
Page 2 of 3
building or any prosection thereof, other than steps, unenclosed balconies or
unenclosed porches.
Variance means a relaxation of the terms of this chapter when such variance will
not be contrary to the public interest and when, owing to conditions peculiar to
the property and not the result of the actions of the applicant, a literal
enforcement of this chapter would result in unnecessary and undue hardship. As
used in this chapter, a variance is authorized only for height, area, size of
structure or size of yards and open spaces, and location of accessory structures;
establishment or expansion of a use otherwise prohibited shall not be allowed by
variance nor shall a variance be granted because of the presence of
nonconformities in the zoning district or used in an adjoining zoning district.
Sec. 110-468. Accessory structures.
(a) No accessory structure shall be erected in any front yard, and the accessory
structure shall not cover more than 30 percent of any required rear setback. No
separate accessory structures shall be erected within ten feet of any building on
the same lot or within five feet of any lot line.
Exception: Accessory structures approved in accordance with Article II, Division
3 of this Chapter (Variances).
(b) Accessory structures and uses of less than 100 square feet may be located
in the side yard in the R-1 low density residential district upon application to and
approval by the Community & Economic Development Director or its designee.
(c) An accessory structure shall not exceed 24 feet in height. However, a lot
with a one- or two-family residence only may have one additional accessory
structure erected per unit, not to exceed 100 square feet with a maximum height
of ten feet if detached or 32 square feet with maximum height of ten feet if
attached in rear setback. In new construction an accessory building may not be
constructed prior to the construction of the main building. No accessory building
shall be used for any home occupation or business or for permanent living
quarters; it shall contain no kitchen or cooking facilities. It may be used for
housing temporary guests of the occupants of the main building. It is not to be
rented or otherwise used as a separate dwelling.
Storage or utility sheds....
Staff evaluation of requested Code amendments:
The applicant is requesting that the Code be amended to allow for the opportunity to
request a variance for the location of an accessory structure.
Staff does not support adding "tiki huts" to the definition of landscape. For clarification
purposes, we may want to add a list of examples_ of manmade objects such as benches,
Planning & Zoning Board Meeting Date: 09/11/2013
Page 3 of 3
birdbaths, fountains, wishing wells, and other decorative features, etc. However, a "tiki
hut" is a structure (by definition) and should not be considered as landscape.
The Code currently defines accessory use as:
Accessory use means a use or structure on the same lot with and of a nature
customarily incidental and subordinate to the principal use or structure.
At this time there is no need to revise the definition for accessory use or structure. Staff
does not support the revised definitions as proposed by the applicant.
Staff wants to add definitions for front, side, and rear yards, but does not support the
definition of "side yard" as proposed by the applicant. The definition proposed by the
applicant has the side yard running from the front property line to the rear property line.
I am not aware of any city that defines "side yard" in this manner.
Staff does support expanding the list of possible variances to include location of
accessory structures. And in addition, Staff would like the P&Z Board to consider
expanding the list of possible variances to include all zoning district regulations in
Chapter 110 — Zoning.
Attached is a survey of other local governments and the regulations they allow to be
considered for variances. The cities of Cocoa, Cocoa Beach, and Rockledge limit
variances to the same regulations as Cape Canaveral. In addition to the items Cape
Canaveral allows for variances, Satellite Beach includes setbacks, fences, and
landscaping. Brevard County allows for variances to all zoning and sign regulations.
Titusville allows variances to all land development regulations. Melbourne also allows
variances to zoning regulations and in addition provides for an "administrative waiver'
process.
Submitting Director: Barry Brown Date: 09/04/2013
Attachment(s): 1) Application, 2) Survey of Local Governments.
Staff recommends that Planning & Zoning Board take the following action:
Add "location of accessory structures" to the list of possible variances and consider
expanding the list of possible variances to include all zoning district regulations in
Chapter 110- Zoning.
WIV-9
DATE:
APPLICANT: -.,, P"I"Tclu"J,(I DBA
ADDRESS: city—. Ot
Ll
StateV7L.- zip,321_/ 6' TELEPHONE:
REQUESTINGA.TvIENDMIENT TO CODE SECTION _�s
SECTION PRESENTLY READS:
REQUESTED CHANGE TO READ:
REASON FOR REQUESTED CIIANGE.�
P tl II Fu
��ff ��Itll
(ATTACH ADDITIONAL SHEETS IF NECESSARY)
FEE FOR REQUEST,- S250.00 DATE PAM: -7 /17/13
Total e" An 6ou1096
Cash hmount 250. @0
chance $0.00
CK #688j 0.00
Amount $2�0' 00
City Of Cape Canaveral
Building Department
Print Legibly or Type)
DATE FILED FEE PAID DEPOSIT
RECEIVED BY S 250.00 FILING FEE IS NON-REFUNIDABLE
NATURE OF REQUEST
"
SPECIAL EXCEPTION VARIANCE REZONING - APPEAL �/C"ODF AMENDMENT
(IF REQUES-1 IS FOR A '1El-ECOMMUNICATIONTS TOWER ATTACH S14=17 #'l OF TOWER APPLICATION)
DESCRIPTION OF REQUEST
(insure that the specific sections of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
Address of request
Legal Desc. LOT—BLK. SUB. TWP,— Range
STATEMENT OF FACT:
State of Florida- County of Brevard;
I, i2L-,,, , being duly sworn, depose and say that -
I am the owner.
T am the owner's designatedagent-(Attachnotarized letter of authorization)
Owner's Name
Address (11 "S,
Home Phone m
(If other than owner)
Applicant's Name
Address ( �'j_ t, i t-, ;.)
Home Phone
==qa,Ity state
Phone 0 th er 32- f - 2
—city st,-L
Work Phone '7t off Other
M
All information, sketches and data contained and made part of this request, are honest and true to the best
of my knowledge and belief
this a
Swom
y o,to andd subscribed before me
f
LINDA METRESS
4-1
NOTARY PUBLIC - STATE OF FLORID� igAatuxe of Applicant,., -5q licant
coMMISSION*EE18396; p
IL i EXPIRES 411112016
(N�a —lic,iState of Florida BONDED THRU I -888-NOTARYI
-----------
The completed request form and the 5;250.00 filing fee must be filed as follows: Requests for Varian= -s and Special
Excrprions (Excepting Telecommunication Towti-s), 14 days prior to the Planning & Zoning Board Mecting; request
forrezoning30 days prior to the Planning& Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning& Zoning Board meeting. The Board of Adjustment meeting will be set after the request , is
L dill 0
heard by the Planning& Zoning Board. (A deposit may be required, see code section 110-92 for applicability)
FOR CITY USE ONLY
Notice of Public Hearing Published in Ntwspaper on
Notice to applicant by Certified Mail No.
Notice posted on Bulletin Board on
on
Notice posted on subject property on Prop, owners within 500 ft. notified on
Requested Amendment to Zo►..Kig Ordinances
By: Kim Rezanka on behalf of Craig R. Donceel, Trustee
Sec. 34-91. Definitions
Landscape means elements of nature and manmade objects, including but not limited to benches,
tiki huts, fountains or other decorative features, combined in relation to one another.
Sec. 110-1. Definitions
Accessory Structure means any structure separated from a principal structure which has a
horizontal building component supported by one or more vertical supports: and such horizontal
building component exceeds 30 square feet in area. Examples: sheds, detached garages and tiki
huts.
Accessory Use means a use naturally and normally incidental to, subordinate to, and devoted
exclusively to the main use of the premises.
Side yard means the yard between the building and the side lot line of a lot and extending from
the front lot line to the rear lot line along the site of the principal building or any projection
thereof, other than steps, unenclosed balconies or unenclosed porches.
Variance means a relaxation of the terms of this chapter when such variance will not be contrary
to the public interest and when, owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and
undue hardship. As used in this chapter, a variance is authorized only for height, area, size of
structure or size of yards and open spaces, and location of accessory structures; establishment or
expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be
granted because of the presence of nonconformities in the zoning district or used in an adjoining
zoning district.
Sec. 110-468. Accessory structures.
(a) No accessory structure shall be erected in any front yard, and the accessory structure
shall not cover more than 30 percent of any required rear setback. No separate accessory
structures shall be erected within ten feet of any building on the same lot or within five feet of
any lot line.
Exception: Accessory structures approved in accordance with Article II, Division
3 of this Chapter Variances).
UbZ Accessory structures and uses of less than 100 square feet may be located in the side
yard in the R-1 low density residential district upon application to and approval by the
Community & Economic Development Director or its designee.
,(cJ An accessory structure shall not exceed 24 feet in height. However, a lot with a one -
or two-family residence only may have one additional accessory structure erected per unit, not to
exceed 100 square feet with a maximum height of ten feet if detached or 32 square feet with
maximum height of ten feet if attached in rear setback. In new construction an accessory
building may not be constructed prior to the construction of the main building. No accessory
building shall be used for any home occupation or business or for permanent living quarters; it
shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the
occupants of the main building. It is not to be rented or otherwise used as a separate dwelling.
Storage or utility sheds....
Underline is new language; s4*e-eot is deleted language.
Jul 03 13 07:20p Craig Donceel
321-799-3585
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