HomeMy WebLinkAboutBOA Agenda Pkt. 4-5-2012,epo-1 *
k..ity of Cape Canaveral
Planning & Development Department
•A-s,F ADJUSTMENT MEETING
."APE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
APRIL 5, 2012
7:00 P.M.
IRENE !11
2. Motion Re: Specia� 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, Unh
Beach Rentals LLC, Applicant.
3. Interview & Recommendation to City Council Re: Appointment of Regular Voting
Member - Arvo Eilau.
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Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to
appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This
meeting may include the attendance of one or more members of the Cape Canaveral City Council,
Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not
participate in Board discussions held at this public meeting. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the City Clerk's office at 868-
1221, 48 hours in advance of the meeting.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1205 — Fax (321) 868-1247
littp://www.cityofeapecanaveral.org
MEMORANDUM
Date: April 2, 2012
To: Board of Adjustment members
From: Barry Brown, Planning and Development Director
RE: April 5, 2012 Board of Adjustment Meeting
The agenda for this meeting includes a Request for a Special Exception for outdoor
display of beach rental equipment and an interview of Board applicant.
A1A Beach Rentals has applied for a Special Exception for outdoor display of canoes,
kayaks, bicycles, paddle boards, and other beach rental equipment. See my Staff
Report for background and Staff recommendation. Planning and 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 grass areas.
While Arvo Eilau currently serves as an alternate Board member, according to Code he
must be interviewed and recommended by the Board to the City Council for
appointment as a regular voting member.
Call me at 321 868-1206 with questions or comments.
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
November 10, 2011
A Meeting of the Board of Adjustment was held on November 10, 2011, at the City of
Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Dennis
Jenkins, Vice Chairperson, called the meeting to order at 7:00 P.M. The Secretary called
the roll.
MEMBERS PRESENT:
Dennis Jenkins Vice Chairperson
George Sweetman
Linda Brown
Douglas Raymond 1St Alternate
MEMBERS ABSENT:
Paula Collins
Arvo Eilau 2nd Alternate
OTHERS PRESENT:
Lamar Russell Ex Officio Member & Chairperson of the P & Z Board
Kate Latorre Assistant City Attorney
Barry Brown Planning & Development Director
Susan Chapman Secretary
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
1. Approval of Meeting Minutes: April 28, 2011.
Motion by Dennis Jenkins, seconded by Linda Brown to approve the meeting minutes of
April 28, 2011, as submitted. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No. 11-04 to Allow a Restaurant to Serve
Beer and Wine in the C-1 Zoning District - (6910 N. Atlantic Avenue) - Vincent
E. Keenan, Applicant.
Barry Brown, Planning & Development Director, reported that a Special Exception for
beer and wine was granted for this property in early 1990 and remained in effect until it
expired on March 30, 2011. Boston Beef and Seafood ceased operations on September
30, 2009, and more than 18 months lapsed before another business serving alcohol
applied for a Business Tax Receipt. The applicant is currently operating a casual
restaurant serving hot dogs, hamburgers, etc. and desires to sell beer and wine as was
allowed at this location in the past. The restaurant use is compatible with surrounding
uses and this request is consistent with the past use and appropriate at this location. Staff
recommends approval. Additionally, on October 26th, the Planning & Zoning Board
considered the request and recommended approval.
Board of Adjustment
Meeting Minutes
November 10, 2011
Page 2 of 2
Vincent Keenan, Applicant, testified that for over 20 years the property has had a special
exception for a restaurant to serve beer and wine without incident, and he will continue to
be a responsible vendor in the community to continue this privilege.
Lamar Russell, Ex Officio Member and Chairperson of the Planning & Zoning Board,
advised that the applicant was not asking to do anything that he hasn't had in the past, and
the Planning & Zoning Board unanimously recommended approval.
Motion by Dennis Jenkins, seconded by George Sweetman to approve Special Exception
Request No. 11-04, as requested. Vote on the motion carried unanimously.
OPEN DISCUSSION
Barry Brown reported that Staff was working on revamping the Code regarding
establishments that serve alcoholic beverages. Considerations include reducing or
eliminating certain requirements such as: seating; distances; minimum square footage;
and the requirement for a special exception. Brief discussion followed. Barry Brown
clarified that bar and club type establishments were not being considered in these
proposed Code modifications. He noted that this was a step forward towards the City's
vision.
There being no further business, a motion was made by Douglas Raymond, seconded by
George Sweetman to adjourn the meeting at 7:28 p.m. By unanimous consensus, the
motion carried unanimously.
Approved on this day of , 2012.
Dennis Jenkins, Vice Chairperson
Susan L. Chapman, Secretary
City of Cape Canaveral, Florida
Board of Adjustment
April 5, 2012
STAFF REPORT
Request: For a Special Exception to allow for the outdoor display of beach rental
equipment at 6811 No. Atlantic Av. per Section 110-334(c)(8).
Applicant: Daniel Pattillo
Owner of property: Virginia Eberwein
Subject property: 6811 No. Atlantic Avenue; building also houses the Bald Strawberry
and Flip Flop Pool and Spa Supplies.
Future Land Use and Zoning designation: C-1, Commercial
Surrounding zoning:
North — C-1, Commercial
East — Brevard County Commercial Zoning
South — C-1, Commercial
West — C-2, Commercial
Surrounding uses:
North and West — Cocoa Palms Mobile Home Park
East — Yogi's Food and Liquor Store
South — Dollar and Thrifty Car Rental
Summary
The applicant has leased space at 6811 Atlantic (SR A1A) and is conducting a beach
equipment rental business. The applicant is requesting a Special Exception for outdoor
display of beach rental equipment to include surfboards, bicycles, canoes, kayaks, and
a canoe/kayak trailer, etc. The ability to display "out of doors" the equipment available
for rental is a vital part of marketing a business of this nature. Outdoor display for retail
stores in C-1 Commercial Zoning District is allowed pursuant to a Special Exception.
Section 110-334(c)(8):
Retail stores using outside display areas, provided the following are met.
a. The area of outside display shall not exceed in size one-third of the enclosed
area of the principal structure.
b. The outside display area shall be considered the same as the floor area for the
purpose of calculating offstreet parking, setbacks, and lot coverage.
The tenant space of 1338 square feet times 1/3 = 446 sf of outdoor display area. The
location of the outdoor display area is depicted on the attached site plan. Current users
of the building require 11 parking spaces. 17 parking spaces are available on site,
therefore there is adequate parking to accommodate outside display. The building
setback on SR AM is 50 ft.; the display areas are setback 50 ft. from the property line.
Lot coverage is not an issue as outdoor display does not increase lot coverage. All
rental equipment/display is to be brought inside the building after operating hours with
the exception of the licensed canoe/kayak trailer.
Special Exception Worksheet and Staff Analysis
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
Land Use and Zoning
Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, C-1 Commercial land use classification allows for rental stores.
Is the requested SE consistent with the intent of the zoning district in which it is sought?
Yes, a rental store is a principal use in C-1 Commercial zoning and outdoor display is allowed
pursuant to a Special Exception.
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.
Impact to surroundinga properties
Is the proposed special exception compatible and harmonious with properties and uses
in the surrounding area? Explain why. Yes. This is a retail area and the use with outdoor
display is compatible with the surrounding area.
Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes.
Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity? No.
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 principle use? No.
Will there be adequate screening, buffers, landscaping, open space, off-street parking,
other similar site improvements to mitigate any adverse impacts of the SE? There are no
adverse impacts.
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? Yes.
2
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.
What are the hours of operation and how will they impact surrounding properties? Open
7 days a week from 9am to 5pm. No negative impacts.
Traffic and Parking
Is there adequate off-street parking? Yes.
Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes.
What type and how much traffic will the SE generate? Patrons of the rental store.
Are there adequate loading and unloading areas? Yes.
Public Services
Are adequate utilities available? Location and capacity. Yes.
Will the proposed special exception create any unusual demand for police, fire, or
emergency services? No.
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.
Is there adequate refuse facility for the use and is the dumpster properly located and
screened? Yes.
Miscellaneous Impacts
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.
Will the proposed SE have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic resources.
No.
Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No.
Will the proposed special exception will have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality. No.
PU Board Recommendation to Board of Adjustment
Planning and 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 grass areas.
Staff Recommendation to the Board of Adjustment
The beach equipment rental with outdoor display is compatible with surrounding uses
and appropriate at this location. Staff recommends approval of the requested Special
Exception for outdoor display subject to: 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.
4
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
Description of Request: (in i ire that the specific code sections of the zoning ordinance
ihat allow and support your request are noted). If necessary, attach separate sheet.
Address of requested Special Exception: No Acr)-Lj�t/. v>
J4 i.t C Q . r.A/Q&.- f
Name of Project (if applicable): -61A ;-?,,
Legal description: Lot(s) Block Subdivision
Section 9,5 Township Range 31E
Future Land Use and Zoning designations:
—
tenant. (Attach notarized letter of authorizatlorq-
I am authorized agent other than a tenant: (Attach Written Power of, Attorney)
Mailing Address:
V21;-& C . ............ .
PD - Special Exception Application - 101411 SIM
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Page 3
February 27, 2012
To: City of Cape Canaveral
Re: Signage and Displays at 6811 N. Atlantic Ave
To whom it may concern:
As the property owner and landlord of 6811,4Y Atlantic Ave, Unit C, currently under lease by the tenant,
AIA Beach Rentals, LLC, I, ' /i r hereby authorize AM Beach
Rentals, LLC and its assigns to con ct business with the city regarding any and all compliance, zoning,
licensing, planning, advertising, displays and signage matters that pertain to the operation of their
business at 6811 N. Atlantic Ave, Unit C.
oZ
in the event I need to be reached regarding this matter, please call me at o�1'tt ``OIA 7.� '. 17�
Sincerely, 0-r3 �� — �_ / 5
Virginia Eberwein
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CITY OF CAPE CANAVERAL
APPLICATION FOR APPOITNMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2.171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out_an. application. City,.Code also
prohibits a person from serving on a City Board or Committee if that`perAph,5has. b�en:,cfiriyi- d of a
felony, unless their civil rights have been restored. f t-
; i � ! ,;
Please complete the following in the space provided: • j J'J JAN 52012 JR!
A. GENERAL
1. Applicant Name:
Alyp AL
2. Home Address: Z O 9
3. Home and Cellular Telephone: J O,I - b' "' d a& l
4. Occupation: YVI t�J,.Jra.p�• t�
5. Business Telephone:
6. Business Address:
7. E -Mail: its C tin ei tAtA AOL. Ccv ---
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) >� (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a /
conviction for purposes of this question. (Y) (N) f
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
5b. If yes to 5a, please list each: _ 60Ac b °� JJ V 7 Wt
Page 1 of 3 *5
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage?
7b. if yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. in numerical sequence (1 = most interested), please rank which advisory board or committee
on which u wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board
Code Enforcement Board`
Community Appearance Board*
Construction Board of Adjustment and Appeals*
Culture and Leisure Services Board
Library Board
Planning and Zoning Board*
Other:
*Member of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
— ta^c � ;N PJ-�V4��
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDEfi
African -American Male
Asian-American Female
Hispanic-American Not Known
Native American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City C 's Office at (321) 868-1220 ext. 221.
Signature: Date: !
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: 11.5-112—
Date
1.5—12—
Date Appointed:
[Appointed by:
Board Appointed to:
Expires:
Page 3 of 3