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HomeMy WebLinkAboutBOA Agenda Pkt. 9-16-2010ROLL CALL: NEW BUSINESS: 1 C 1 Canaveral ADJUSTMENT MEETING AGENDA 1 POLK AVENUE EPTEMBER 16, 2010 7:00 P.M. 1. Motion Re: Approval of Meeting Minutes — August 5, 2010. 2. Motion Re: Special Exception Request No. 10-03 to Allow a Retail Store to Use Outside Display Areas in the C-1 Zoning District — (Ace Hardware) - 8300 Astronaut Boulevard — Marvin and Joann Nichols, Petitioners. OPEN DISCUSSION: Pursuant to Section 286.1015, 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 allowed by law. 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi -Judicial Board members who may or may not participate in Board discussions held at this public meeting. 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247 www.ciryofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com Ent ani To: Board of Adjustment members From: Barry Brown, Planning and Development Director RE: September 16, 2010 Board of Adjustment Meeting We have another light agenda for this meeting. The only item is a request for a special exception for outdoor display at the ACE Hardware store. See my staff report. See the City website cilyofcapecanaveral.o[g for weekly updates on the activities of the various City departments. The first item on the homepage provides a link to our weekly updates. This is a great way to stay informed regarding activities, meetings, upcoming events and the status of applications and projects. Don't hesitate to call me if you have questions, 868-1222 x11. City of Cape Canaveral Board of Adjustment Meeting Minutes August 5, 2010 A Meeting of the City of Cape Canaveral Board of Adjustment was held on August 5, 2010, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. John Bond, Chairperson, called the meeting to order at 7:05 p.m. The Secretary called the roll. MEMBERS PRESENT: John Bond Dennis Jenkins Paula Collins Linda Brown Douglas Raymond Arvo Eilau MEMBERS ABSENT: George Sweetman OTHERS PRESENT: Susan Chapman Kate Latorre Barry Brown Todd Morley Robert Hoog Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Secretary Assistant City Attorney Planning & Development Director Building Official Council Member All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Motion: Approval of Meeting Minutes — June 3 2010. Motion by John Bond, seconded by Dennis Jenkins, to approve the meeting minutes of June 3, 2010, with the change that Dennis Jenkins is shown as Vice Chairperson. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes August 5, 2010 Page 2 2. Motion Re: Request to Modify Special Exception 08-02 — Carwash at 104 Monroe Avenue — James and Tara Kappernaros Property Owners. Barry Brown, Planning & Development Director, advised that the applicant was requesting to amend condition #16 of the Board Order to provide a sidewalk along N. Atlantic Avenue and may address other conditions as well. Mr. Brown read condition #16 for the record and advised that the applicant could not meet that condition, because the right of way belonged to the Florida Department of Transportation (FDOT) and they would not allow for a sidewalk unless it was constructed to their standards. This was not possible as the right of way width was too narrow to construct a sidewalk to FDOT standards. He explained that the applicant applied to FDOT for the vacation of the right of way, but it could be a long process, and there was no guarantee that they would turn it over to him. He advised that Mr. Kappernaros was concerned that the condition remained on the Board Order, because he could not obtain a final inspection from the Building Official. Mr. Brown stated that the Building Official was willing to give a conditional final inspection, but Mr. Kappernaros would rather have the condition removed completely and not have his final inspection conditioned for something that may or may not ever happen. Mr. Brown advised that staff recommended that condition #16 be redrafted to have a sidewalk constructed to City standards or as close to City standards as possible when and if the right of way was obtained by either the applicant or the City. Kate Latorre noted that she spoke with Mr. Brown prior to the meeting regarding his recommendation. She was of the opinion that the sidewalk would still need to be installed under the revised condition before the Building Official could issue final approval. Todd Morley, Building Official, advised that had staff known it was FDOT right of way before the request was originally heard by the Planning & Zoning Board staff would have requested the applicant secure permission from FDOT to build the sidewalk. At that time, the applicant would have discovered he could not build the sidewalk, and therefore staff would have recommended that the sidewalk not be a condition of the special exception. Staff would have encouraged the applicant to obtain the FDOT right of way or perhaps the City would have obtained it, and the City could have collected a performance bond to construct the sidewalk. He suggested the Board consider requiring a performance bond so if and when FDOT grants the property to Mr. Kappernaros a sidewalk can be constructed. He advised that the estimated cost of building the sidewalk was $2100. Mr. Kappernaros testified that condition #16 required a paved access be constructed, not a sidewalk, because there is an enormous concrete utility pole in the middle of it. He advised that the entire property was paved as shown on the site plan, there was no longer a fence around the property, and it was pedestrian friendly throughout. He explained the process to obtain the right of way from FDOT. He requested that he be relieved of the condition, because there were Board of Adjustment Meeting Minutes August 5, 2010 Page 3 too many factors to leave it in. He noted that the 16 conditions were approved in 2008, now it was two years later and most of that time was spent getting interpretations of the conditions and only three months of actual construction. He had already turned away three different tenants, because he was unable to deliver the property on time; and now he was in a situation of peril, because he was still stuck with a condition which may be impossible to meet. Mr. Kappernaros advised that one of the departments of the State that was reviewing his application to obtain the right of way, did not want to give up the right of way; they did not want that area to have a sidewalk or pavement. He advised that another factor was that FDOT may come to him with an unreasonable price for the purchase of the property. He stated that if he could acquire the property, within a week the existing grass strip would be paved, because it was continuous maintenance for the City and him. Mr. Kappernaros advised that the landscaping along the east buffer wall was ready to be installed; however, condition #13 of the Board Order stated that the Director of Planning Services will work with the property owner in determining adequate tree type(s) and placement. He advised that he has tried to work with the Planning Director, at least in the past four months for adequate tree types and sizes in accordance with City ordinances, but the landscapers have not been able to get a definitive answer. He advised that the tree types that were suggested by Mr. Brown were Oak and Cypress trees. He consulted with landscaping companies and Rockledge Gardens. He gave them the site plan and the list of acceptable trees that were allowed by City code. However, they only had two trees that would actually work and fulfill condition #13, but neither one of the two trees were suggested by the Planning Director. He explained that Cypress trees would grow to 50 ft. tall and within five years knock the wall over; and an Oak tree needed 35 ft. in diameter for the root system to grow. He respectfully requested that the Board allow him to plant the trees that were suggested by Rockledge Gardens, so that condition #13 of the Board Order could be resolved. He submitted a written note from a tree professional from Rockledge Gardens noting the type of trees they recommended, that met City code, would grow in the five foot area, and would not damage the wall. He noted that Rockledge Gardens was cognizant of the noise to the neighbor due to the close proximity. Discussion followed regarding the type of trees being recommended. Mr. Brown advised that he had no knowledge of this latest request to install different trees and he was certainly willing to look at other plantings that were appropriate to meet the intent of condition #13 for the plantings to provide visual screening and noise buffering from the residential neighbors. He commented that it was not the Board of Adjustment's responsibility to be negotiating and agreeing to specific tree species, because that is what staff was suppose to do. He asked the Board not to go to that detail and let staff work with Mr. Kappernaros and his representative. Board of Adjustment Meeting Minutes August 5, 2010 Page 4 He advised that there was an approved site plan since October of 2009. There was nothing holding this project up, not even the sidewalk condition, because the Building Official would have issued a temporary final inspection. This project could have been completed by now. It was the applicant who wanted to revise the approved site plan, and staff has been working with them. Mr. Brown advised that he had not spoke with Mr. Kappernaros' landscaper in weeks, and no one had spoke to him about the tree options presented at this meeting. He commented that staff did not want the project to linger any longer and wants to deal with the issue. Mr. Kappernaros debated that the issue was trust in that portion of staff needing to make the decision regarding the trees. Discussion followed regarding buffering and the existing 6 ft. wall. Following an ensuing discussion, the Board agreed to leave the landscaping matter with City staff. Chairperson Bond asked for comments from the audience. Joyce Hamilton, citizen, advised that she lived within 500 ft. of the property. She explained that a sidewalk was needed to ensure pedestrian safety, because of the traffic that would be going through. She commented that a performance bond should be required to ensure a sidewalk was installed. She noted that the special exception was granted on August 11, 2008, and asked if there was an extension granted. Todd Morley answered that an extension was not needed, because the special exception was not abandoned and there was an active building permit. She commented that there was a lot of foot traffic that went through the property and anything that is added for pedestrian safety was important. Dave Schirtzinger, citizen, advised that he was involved in the City's visioning process. One of the biggest issues was that the City became a bicycle and walkable community with sidewalks and bike paths. He thanked Mr. Kappernaros for investing in the City and making the property look a lot nicer than it did before. He commented that the sidewalk was very important, and it would be a big mistake to remove the requirement. He noted that the building was expanded to the west, as part of the renovation, and had that not been done then there would have been plenty of room for the sidewalk. He encouraged the Board to leave the requirement in the Board Order. There being no further audience comments, Chairperson Bond advised that he had many dealings with FDOT and explained the process for acquiring a right of way from them. Mr. Kappernaros verified that he applied to the State for the right of way. Discussion was held regarding the possibility of moving the sidewalk onto the private property within an easement. Kate Latorre, Assistant City Attorney, advised that if the City was going to require the sidewalk be moved onto the private property in an easement, the City would address liability in an easement document. An ensuing discussion followed regarding the sidewalk issue and pedestrian safety. Board of Adjustment Meeting Minutes August 5, 2010 Page 5 Mr. Kappernaros advised that a fence was removed approximately four months ago, which gave pedestrians a safe place to walk without walking on the road right of way. Motion by John Bond, seconded by Dennis Jenkins, that Mr. Kappernaros post a $2100.00 performance bond, continue to pursue the vacation of the right of way with FDOT, and construct a paved pedestrian access -way along the west side of the property to City standards if the vacation is granted. In the event the vacation is not approved or reasonable terms of the vacation are not agreed to within 24 months of this hearing date, the condition will be lifted from the original board order and the performance bond returned to the applicant. An ensuing discussion followed. Vote on the motion carried unanimously. OPEN DISCUSSION Motion by Linda Brown, seconded by Paula Collins, to adjourn the meeting at 8:30 p.m. By consensus, the motion carried unanimously. Approved on this day of , 2010. John Bond, Chairperson Susan L. Chapman, Secretary Board of Adjustment September2010 Request: For a Special Exception (No. 10-03) to allow for outdoor display as provided in Section 110-334(c)(8). Applicant: Marvin Nichols Owners of property: Marvin and Joann Nichols Subject property: ACE Hardware, 8300 Astronaut Blvd. Future Land Use and Zoning designation: C-1, Low Density Commercial District Surrounding zoning: North — R-2, Residential East — C-1, Commercial South — C-1, Commercial West — C-1, Commercial Surrounding uses: Northwest — Wendy's and retail buildings North — Atlantic Gardens condominiums East — Undeveloped land South — Vacant Commercial West — Commercial buildings Summary: ACE Hardware currently displays the following merchandise outside the building: wheelbarrows; seasonal items; bagged goods such as mulch, potting and top soil; concrete items, and bagged rocks and stones. ACE has been displaying such items outdoors since 2001. While investigating a code enforcement complaint, it was discovered that ACE had never been granted a special exception for outdoor display. This purpose of this request is to seek proper approval for outdoor display that has been an ongoing part of business operations for years and has not been a problem. 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 a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes. 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. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, ACE is in a commercial area and the display area is on the south side of the building facing commercial uses. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. 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, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? No. 5. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? Yes. The property has the appropriate landscaping per code. 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? Yes. 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. 8. What are the hours of operation and how will they impact surrounding properties? Monday through Saturday - T30am to TOOpm. Sunday - 9:00am to 5:00pm. This will not impact surrounding properties. Traffic and Parking 9. Are there adequate off-street parking and loading areas? Yes. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. 2 11. What type and hour much traffic will the SE generate? None additional 12. Are there adequate loading and unloading areas? Yes. Public Services 13. Are there adequate utilities available? Location and capacity. Yes. 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? No. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. 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. 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. No. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. 20. 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. Staff Recommendation to the Planning and Zoning Board: Outdoor display is a common and necessary way of displaying merchandise for a hardware and garden store. Staff recommends approval of the requested special exception. Planning and Zoning Board Recommendation: The P&Z Board heard this request on August 11, 2010 and unanimously recommended approval of Special Exception Request No. 10-03. Staff Recommendation to the Board of Adjustment: Same as recommendation to the P&Z Board and the P&Z Board recommendation to the Board of Adjustment. 3 City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILEDJ'v1L o b FEE PAID 995b,M DEPOSITAI .4 RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) Special Exception No. 10-03 Outside Display of'Retail Items Ace Hardware - 83oo Astronaut Blv Address of request (if applicable)_ 6300 O rnnwt ,1P varc�_____ Legal Description: Lot Block Parcel Subdv Section , Township a95 Range STATEMENT OF FACT: State of Florida, County of Brevard; I ilNhC615 being duly sworn, depose and say that; ,9_ I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s)Aar�m ^ioMn tV,. �a Address C c L Home Phone 96 Work Phone783- loA5 Applicant(s) Names(s): Address: Home Phone Work Phone E -Mail All information, sketches and data contained and made part of this request, are honest and e t the best f y o dge and belief. Signature of Applicant Sworn t sub c ed before me on this j - day of uIM_ 20 16 Notary Public, State of Florida MY COMMISSION 9 DD85``"",,"^ EXPIRES: March 23, 201 The completed request form and the $250 filing fee must be filed as ao 3 ` WXRn.1JUTARI' FL Nman•Disw�y�ggg�C� Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting the request is 1,eard by the Planning & Zoning Board. (A deposit may be requwill be set after ired per Section 110-92) City of Cape Canave APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned , with referred to therein, to the Building Department, a minimum of Til enclosures ty (sixty (60) days for Telecommunications Towers) prior to the n (30) days regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. T e owner or a owner representative are required to attend the meetings he notified by the board secretary of the date and time of the meetid will be Planning & Zoning Board holds regular meetings on the 2nd and 4ffi Wednesdays he of every month at 7:30 p.m. in the Ci ays Canaveral, Florida. ALL OF �' Hall Annex, 111 Polk Avenue, Cape SUPPLIED PRIOR TO PROCESSINGOTHOAPPL CATION. TION MUST BE questions, please contact the Building Department at (321) 868-122-?. you 'have any i1 ATT 1 1 NAME OF APPLICANTS) ADDRW S if as3si — ®) / � c, o PHONE # FAX # E-MAIL /11sc-boL 14L;r0 r� @ ® L e 2- COMPLETE LEGAL DESCRIPTION OF PROPERTY: �� 0 on LOT:______ BLOCK:_____--_ SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION:!' *6 TOWNSHIPZ_ � RANGE 37 F. DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICHSPECIAL EXCEPTION TION IS (EXAMPLE, ARTICLE X, SECTION 2)-(l C8� 4. COMPLETE THE ATTACHED WORKSHEET IN FULL.( INC APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) OMPLETE PRESENT ZONING CLASSIFICATION: (EXAMPL ' ' ETC,) E C-2, R-1, R-2, M-1 PROVIDE THIRTEEN (13) COPIES OF SITE P LAN OR DRAWING(S) SHOWING THE FOLLOWING �1%rHERE APLICABLOPMATE (a) Adequate ingress and egress may be obtained to and from the with particular reference to automotive and pedestrian safe r I opertd convenience, traffic flow and control, �' and ontro., and emer�er,c, access in case of fare or medical emergency. 5. C-1 Present Zoning Classification 6. As per site plan, which shows we have up to the newest codes starting in 07 and finishing in 08 in safety and convenience for both traffic, pedestrian and emergency flow. 7. We have never had complaints about the signs or exterior lighting. The Ace Hardware on the building is a low light which is dimmer than most. The exterior lighting mostly shines down along the building, some shine out just the length of the parking lot for the customers and employees safety and security. 8. Our hours at Ace Hardware are as follows: Monday — Saturday 7:30 am — 7:00 pm Sunday 9:00 am — 5:00 pm 9. We have a total of 38 parking spaces 2 Handicapped 10. In 07, we updated the parking lot entrance, added more parking and walkways away from the building for auto and pedestrian safety and convenience, traffic flow and emergency access. 11. Our special exception will not change the amount of traffic as our merchandise has been displayed the same since 2001. 12. We have never had problems since opening and have enlarged our loading and unloading area in 2008 along with our addition. What we would like to do is continue to display the merchandise like we have been doing since 6/2001. We know from listening to other hardware stores doing business in a strip or shopping center atmosphere that it is impossible to carry outside merchandise as it is difficult to bring indoors due to weight, size, cleanliness, etc. We have always embraced the ownership of a free standing store so we can merchandise these items outside the business in a clean and orderly manner. Our building location is 50' from the property line to the west, which runs parallel to AIA (Astronaut Blvd.) and 20' more from the edge of AIA. We display along the south wall. The first area is our wheels barrows, 64' from property line (84' from A1A). This merchandised area is 3'6"x 11'6". Next area is between our front doors, which is 3'x 11'4". Seasonal. Next area is along the building 4'8" x 28', where we display all our bagged goods such as mulch, potting and top soil, etc. Next we have our concrete goods and bagged stones/rock. This area is 4'8" x 15'. The items we display are a huge part of our business and ties into a lot more items such as our garden center. We also have a small island around an oak tree where we merchandise outside bag goods. We believe our store would look closed if not out of business if not displaying this merchandise. Customers have grown used to this and it would be detrimental to our business if we could no longer sell these items. If this was an eyesore, dangerous or unsafe it would be one thing. But it isn't. This is your friendly, neighborhood har dti ure ;tore. 19. 2(10 10 I'M Ka. c,i,J, John J Jr, "A ' -his Warranty Deed 0.1/ WD_I sro3 Nlade this 14 th day of March A. D, 2003 by WILLIAM GRIGP.R,.Indini.dually and FRAiipEldH D. HARDAWA'Y As TRUSTEE of the FRANKLIN D. and MARIE F. HA"AwAT Trust U/A/D June 2, 1994 hereinafter called the grantor, to JOANN F, NYCHOLO and MARVIN L, NICHOLS, husband and wife 111111 Illi � A�I��ll �p>A ill GFN:2001078911 04-24-200108;01 em OR 6opage 4328 / 3851 Scott Ellis whose post office address is: 581 Capri Road Clark ofCouna,SrevardCounty COCOA Beach, Florida YPoa:2 #Namax5 32931 Trust- 1,60 Ree: 10,00 Senr:0.00 beef: 689,90 Exrha; 0.00 hcrcinsAct called the grantee: MI9- ,0-� Int Tax 0.10 (Whatever used hercin the tem 'l;ranror' and 'gra,nct' iro Lode all tht panles to this krsuurwrit asel the tours, kppt mp,escnuriro, and asslEns of Irntldduatt, And the sucamorg r,n1 rsalgns of ro",ralinns) 'Witnesseth, that the. grwilor, for and in consideration of the sum of s 10.00 and other valuable consldcrallons, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises. releases, conveys and confirms unto the granite, all that certain land situate in Brevard County, Florida, viz: SEE ATTACHED LEGAL 19XHI331T "A" SUBJECT TO Covenants, restriotiona, easements of record and taxes for the current year. Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(a) or any members of the household of Grantor(s) reside thereon, Parcel Identification Number:24-37-14-00-520 TOgelberwllhall tho tenements, htrcditamcnis and appurtenances thereto belonging or In anywiscapperlaining. To Have and to Hold, the sane in fee simple forever. And the grantor hereby covenants with said grantee that dee grantor is lawfullysciled of said land In fee simple; that rhe grantor lies good right and lawful authority to sell and convey sold land; that the grantor hereby fully warrants the title to said land end will defend the same against the lawful claims of all persons whomsoever; and that said land is free or all encumbrances cxcopt tw<es aecrtdng subsequent to December 31, 2000 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above wrjnen. d and delivered in our presence: JOHN J. KABBOORD, JR, c )s 1. for Will lam Gel er E°" MICHELE B. 5T 1111—igcr, 7fNn. Lkul( � e ger "•" " 2 !,W, e f /-, "Z7, 6 � t � rh a away, Trustee JOAN J. KABBOORD, JR Vim: tor Frank—lin D. Hardw—ay I= }� M C-11E1.E 1. STt1RM Hi.tneen 2, Franklin D, aardamay Air a a Stare of FLORIDA County of BREVARD The foregoing Instrument was acknowledged before me this 19th day of March 2001y WILLIAM GEIGk'R AND FRANKLIN D, HARDAWAY who Is personally known to me or who has produced drivers licenva as Identification. Noiny Publi print Name: h1y commGtston t:,pr td'1; iCA-BB®eRt3;-J1�— PREPARED BYt JOHN J, KABBOORD, JR. RECORD & RETURN TOa Superior Title Insurance Rgenoy, Inc. 1980 North Atlantic Avenue suite 807JoMLkobtoorrly, Cocoa Beach, Florida 32931 1 ¢ ,�4�1",M"+ awn Dws 1 LEGAL DESCRIPTION: THE EAST 140,00 FEET TO THE FOLLOWING DESCRIBED PARCEL: TO WIT: A PARCEL OF LAND -LYING IN SECTIONS 14 AND 1 S, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, BEING A PART OF THE LANDS DESCRIBED IN OFFICIAL, RECORDS BOOK 2475, PAGE 1497, SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A MAIL AND DISK MONUMENTING THE SOUTHEAST CORNER OF SECTION 15, ALSO BEING THE SOUTHWEST CORNER OF SECTION 14, AFORESAID TOWNSHIP AND RANGE (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER, DOCUMENT NO, 14776C, DATED 3/03/82); THENCE N 0^50'54" W, ALONG THE COMMON LINE OF SECTIONS 14 AND 16, SAID TOWNSHIP AND RANGE, A DISTANCE OF 209.37 TO THE POINT.OF- BEGINNING; THENCE S 89"40'29" E, ALONG THE SOUTH LINE OF ATLANTIC GARDENS CONDOMINIUM, A DISTANCE OF 399,73 FEET; THENCE S 0^19'50" W, A DISTANCE OF 153.74 FEET TO A POINT THAT IS 55.62 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 14; THENCE N 89"46'09" W, A DISTANCE OF 375.86 FEET TO THE EASTERLY RIGHT-OF- WAY LINE OF STATE ROAD No, 401 (A 100 FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED), SAID POINT LYING ON A RADIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5779.00 FEET AND A CENTRAL ANGLE OF 1''23'08"; THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 139.75 FEET (CHORD BEARING N 34^18'08" W, CHORD DISTANCE 139.75 FEET); THENCE N 55^00'03" E, A DISTANCE OF 68,09 FEET TO THE POINT -OF -BEGINNING. CONTAINING 0,495 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD, 6WN90010709IV?IN�1'��169W��InV� OR .... g329 / 3852 NOT TO SCALE LEG4L DESCRIP77ON OMC14L RECORDS BOOK 4j28, pAGE 385,j A PARCEL OF LAND LYING IN SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREIUARD COUNTY FLORIDA. BEING A PART OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2475, PAGE 1497, SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK MONUA4ENTING THE SOUTHEAST CORNER OF SECTION 15, ALSO BEING THE SOUTHWEST CORNER OF SECTION 14, AFORESAID TOWNSHIP AND RANGE (A DEPAR94ENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER, DOCUMENT NO. 14775C, DATED 3/03/82): THENCE N 0°5054" W, ALONG THE COMMON LINE OF SECTIONS 14 AND 15, SAID TOWNSHIP AND RANGE, A DISTANCE OF 209.37 TO THE POINT -OF -BEGINNING: THENCE S 89° 40' 29" E, ALONG THE SOUTH LINE OF ATLANTIC GARDENS CONDOMINIUM, A DISTANCE OF 399.73 FEET,• THENCE S 0' 19' 50' W. A DISTANCE OF 153.74 FEET TO A POINT THAT IS 55.62 FEET NORTH OF THE SOUTH LINE OF S41D SECTION 14; THENCE N 89° 46' 09" W, A DISTANCE OF 375.86 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 401 (A 100 FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED), SAID POINT LYING ON A RADIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5779.00 FEET AND A CENTRAL ANGLE OF 1' 23' 08"' THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 139.75 FEET (CHORD BEARING N 34' 18' 08" W. CHORD DISTANCE 139.75 FEET); THENCE N 55° 00' 03" E, A DISTANCE OF 68.09 FEET TO THE POINT -OF -BEGINNING. CONTAINING 1.480 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD PLANNING & ZONING BOARD MEETING MINUTES AUGUST 11, 2010 A Regular Meeting of the Planning & Zoning Board was held on August 11, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoog Barry Brown NEW BUSINESS Chairperson Vice Chairperson 1 St Alternate 2nd Alternate Secretary Assistant City Attorney Council Member Planning & Development Director Approval of Meeting Minutes: May 26, 2010. LAV', Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of May 26, 2010. Vote on the motion carried unanimously. 2. Recommendation to Board of Adjustment Re: Special Exception Request No. 10-03 to Allow a Retail Store to Use Outside Display Areas in the C-1 Zoning District — 8300 Astronaut Boulevard (Ace Hardware) — Marvin & Joann Nichols, Petitioners. Barry Brown, Planning & Development Director, gave his staff report, and listed the merchandise that ACE Hardware currently displays outside. He explained that while staff was investigating a code enforcement complaint it was discovered that ACE had never been granted a special exception for outdoor display. He advised that the purpose of the request was to seek proper approval for outdoor display that had been an ongoing part of the business operation for years. Discussion followed. Mr. Russell acknowledged that the Board was aware that there would be outside display of merchandise at the time the site plan was approved. Barry Brown advised that a special exception should have been granted at the same time that the site plan was originally approved. The Board members reviewed the special exception worksheet. Marvin Nichols, applicant, testified that merchandise had been displayed outside since the store opened, and announced that he had recently awarded the City's Beautification Award. Chairperson Russell asked for audience comments. There were no comments from the audience. Planning & Zoning Board Meeting Minutes August 11, 2010 Page 2 Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 10-03. Vote on the motion carried unanimously. OPEN DISCUSSION Barry Brown, Planning & Development Director, gave an overview of the Community Development Department's monthly report. An ensuing discussion followed. Motion by Harry Pearson, seconded by Lamar Russell, to adjourn the meeting at 8:02 p.m. Approved on this day of Lamar Russell, Chairperson Susan L. Chapman, Secretary 2010.