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HomeMy WebLinkAboutMinutes 03-05-1973City of Cape Canaveral iy L ICUM ux uiunut . Fvh6U. OFAUJU3Ti•IF!,'T - MAttCH5, 1974 , AGi,74, d.nl'P+.S J fetiil'.�1.,•tY 19,. 1973 MF,ET714C tE,XES'C +t72-11 F-RC7Al }ACEP'1'IVN ,tpttL-.F'IPST INTrd TI.TE, DEVELOPMENT 7'n j Ra`.r t R`t� ' BOARD OF ADJUSTMEO MARCH 5, 1973 Tio: BOARD 01: ADJUSTMENT CITY OF CAPE CAN,% 1 RAI. MET ON .MARCH 5, CAPE CANAVERAL, FLORIDA AT 1973 AT THE, CITY IIAL,L, I05 POLK AVENUE, , 7:35 P.M. ' CALLED TO ORDER BY CHAIRMAN LEO NICHOLAS. 1.111: MEETINGWAS ROLL. WAS CALLED BY THE DEPUTY CLERK* 'PRESENT: MR. NICHOLAS, MR. MACLAY, FIR. BALOUGH, N11i.. GRAEFE,, MR. MEGUTAR PLANNING BOARD MEMBER MR. VAN WAGNER .ASSISTANT CITY. ATTORNEY RICHARD SCOTT DEPUTY CLERK.- ELSIF. FRAZIER MINUTES OF TIIE, FEBRUARY 19, 1973 MEETING WERE APPROVED AS .PRESENTED.SPECI' L Excu'ri_ RPUU 'ITEM 1. REQUF.ST'72-11 FIRST AINTERSTATE DEVELOPMENT CORP. MR. NICHOLAS REVIEWED THE FILE AND NOTED THAT EVF.IITIIING WAS IN ORDER AND THAT TIIE REQUEST IIAD BEEN APPROVED BY THE ZONING AND PLANNING BOARD:. ' TTACIIIiDLIiTTFR FROM FIRST INTER- MR, NICHOLAS THEN READ THE AFOR A CONTINUANCE FOR 30 DAYS - STATE DEVELOPMENT CORPORATION ASKING FIR, NICHOLAS ASKED THAT THE LETTER BE MADE PART OF THE MINUTES. MR. JOAN STARLING, ATTORNEY REPRESENTING FIRST, INTERSTATE, THEN TOOK TIIE FLOOR AND REVIEWED TIIE REASONS FOR ASKING FOR,CONTIN- UANCF INCLUDING A REQUEST FROM MR.ANDERSON TO RELOCATE THE BOAT STORAGE FACILITIES. STARLING IF IT WOULD BE PREMATURE MR. BALOUGi1 TIIEN ASKED FIR. HANGES AT THIS TIME AND MR. STARLING STATED THAT TO DISCUSS THESE C {{E THOUGHT IT WOULD' RE PREMATURE TO STATE DEFINITLY ON THESE MATTERS AT THE PRESENT TIME. 'AFTERLENGTHLY DISCUSSION FROM THE FLOOR, PRO AND CON AS TO , THE REQUEST,'A QUESTION.. AROSE AS TO THE PURPOSE Oil THIS MEETING. MR. NICHOLAS STATED THAT,THE PURPOSE WAS TO HOLD A PUBLIC BEARING TO DETER- MINE WHETHER OR NOT THE CITY WOULD GRANT PERMISSION TO FIRST INTERSTATE DEVELOPMENT CORPORATION TO BUILD RPUD IN R1 ZONING. THE QUESTION THEN AROSE AS TO THE LEGALITY OF THIS PROCEEllING IN LIGHT OF PREVIOUS PROCEEDINGS, MR. NICHOLAS THEN REVIEWED THE STEPS THAT HAD BEEN TAKEN,INCLUDING THE APPEAL FOR ADMINISTRATIVE DECISION HELD ON NOVEMBER 6, 1972. HE THEN ASKED TBE CITY ATTORNEY AS TO HIS OPINION OF THE LEGALITY OF THIS .MEETING., MR. SCOTT ANSWERED THAT AS THIS BOARD HAD UPHELD TIIF. BUILDING OFFICIAL AND AS THERE HAD BEEN NO APPEAL BY ANY PARTY WITHIN 30 DAYS THAT T11E MATTER 01' APPROVAL BY THIS BOARD WAS PRECEDENT IN T1115 CASE. MR. BALOUGII THEN ASKED 11: IT WERE , POSSIBLE FOR, THIS BOARD TO REVERSE IT'S DECISION. MR'. SCOTT ANSWERED THAT THIS WAS NOT'BEFORE Till: BOARD AT THIS TIME, BUT IT WOULD BE POSSI- BLE RYDISAPPROVING THE PLANS. DISCUSSION FROM THE FLOOR THEN AROSE CONCERNING THE ZONING ORDINANCE AND ITS INTERPRETATION. THE .FILE ON THE APPEAL FOR ADMINIS- TRATIVE DECISION WAS PRESENTED TO THE CHAIRMAN 11110 READ, THE MINUTES OF THAT MEETING. MR. BALOUGII THEN ASKED MR. SCOTT TO RENDER A DECISION ON THE PROPER INTERPRETATION OF THE ZONING ORDINANCE IN REGARDS TO RPUD AND RI ZONING; AND WHETHER OR NOT THIS REQUEST WAS A CASE OF SPECIAL EXCEPTION OR IN FACT REZONING IN WHICH CASE THIS BOARD WAS NOT IN ORDER AS RE -ZONING IS THE JOB OF THE CITY COUNCIL. A REQUEST FOR A RECESS AT THIS TIME WAS IGNORED AND MR. MACLAY MOVED THAT THE: VOTE BE TAKEN ON THE SPECIAL EXCEPTION. MR. SCOTT THEN SAID THAT THIS MOTION WOULD BF. OUT OF ORDER AT THIS TIME AS IT IS PROPER TO HOLD Till-, PUBLIC HEARING AND, DISCUSSIONFIRST AND AS OF THIS TIME FIRST INTERSTATE HAD NOT. BEEN HEARD. THE MOTION WAS WITH- DRAWN. MR. SCOTTWAS THEN ASKED TO GIVE ITIS DECISION AND ASKED IF A 10 MINUTE RECESS WOULD BE TIME ENOUGH. MR. SCOTT STATED THAT HE COULD GIVE A QUICK DECISION OF HIS INTERPRETATION OF THE ZONING ORDINANCE, BUT AS HE WOULD NOT HAVE TIME TO RESEARCH THE CASE LAW AND WOULD NOT BE ABLE TO TAKE INTO CONSIDERATION THE FLORIDA LAW IN REGARD TO RPUD AND SINCE THE APPLICANT WANTS CONTINUANCE THEY HAVE SAID IN EFFECT THAT THEY ARE NOT PREPARED TO RE HEARD .AT THIS TIME, IT WOULD BE IN THE BEST INTEREST OF EVERYONE TO GRANT A CONTINUANCE. MR. MEGUTAR MOVED IN FAVOR OF CONTINUANCE BASED ON THE FACT THAT THE CITY ATTORNEY WOULD NEED MORE TIME TO ANSWER THE QUESTION POSED BEFORE HIM. MR.' GRAEFE SECONDED THE MOTION. MR. BALQUGH MOVED THAT AN AMMENDMENT BE MADE PROVIDING THAT. ANY VOTE TAKEN THEREAFTER WITH RESPECT TO SINGLE FAMILY VS MULTIFAMILY USE IN A R1 ZONING' DISTRICT: THAT FIRST THAT DISTRICT BE REZONED BY COUNCIL. MR. SCOTT STATED THAT THIS AMENNDMENT WAS OUT OF ORDER IN RE- GARDS TO THE STIPULATION AND THAT THE AMMENDMENT WAS IN FACT RENDERING A LEGAL DECISION. MIR. BALOUGH WITHDREW THAI' PORTION OF THE AMMENDMENT :1.`.11 C0,1NGI111 lilt: AMMENDNIEN"I" 'tit HAD TINT HIE PFTITIpSfiR W0111.11 Illi 121:- i�!Il Rlih TO RIA 15L: ill PIi I.SCN'1'ATION, MR. MAGMAR SECONDED THE MO'IION. . "tilt: kt'11. ON fill: AMMLNDSIENT WAS AS Ftll,l,n{;S: FOR - MR. MR. LAI011611, Mit. MKIIIAR, MR. GR:\CPC. AGAIRSI - MR. MACLAY. AN \•111\U}!1:ST WAS MADE fly MR. GRAIF IIIAI" a 30 DAY CONI INO- 1\CE Ili: GRANI'L.O, ,\.O SECONDED BY MR. MCGUTAR. :111'Iik SOME III SC11SSIOS MR '.IA(:).A)' M0% H) IIIAI' 'Mill ZIENp?IFNIBE CHANGED '[O READ '1110 CON-, 1't KIIANCI, Ii Ot1I.i1 lit: GIUNILLI FOR FOUR KF.At:S, l'lI1S wti\5 .S"FCONDED BY MR. MIAMIAll. 1111'. AMML OSIENT A, CHANGED WAS PASSED B1' 11NANIMUl15' VOM. ' 1111: M\VM 1N ON 'till: FLOOR 'r;.I'lll 11II1 ,\}I%II'.CR?IL`N'I'S WAS. THEN \'ORD ON. Tilt: VOID 1%aS ;\S 1'OI.1,0WS: FOO - Nit. GI. AI:PE; ?IR. h1IiG111 alt, }IR'. `:ICIIOIAn, %lit. 11AC1,\l'. AGa1:5-I'.- ?Ili. BALIGO, pill'. Mol ION PASSED. TIIIi ItOA1tP 611; ApJUST?IIPAN'l 1%11.1. MiGOSV1Al-, ON `IONDAY APRIL 1011 .'•iii R'IING IIAS AOJOIIIt.':Illl At 9;05 P.M. lli i li•LiS� iI 1� 1-lff6r jj111I � n �' (•ir-t interslate,development corporation n acE Car,avicen,. "'l U"IpA 9197U' March 7y 1973 71r. iio Nicholas, Lbai— lfoary of VAuvtnent and Appeals City of Cap,- Canaveral Cape Canaveral, Florida Dear rr. Wichoias: A p,-blic hearing has been scheduled for Morday, Match 5, 1973 at 7;30' P. M. upon the application of First Interstate Develofnr_nt Corponition "First Interstate") fur ..pennission to construct a plarne,! unit develcireet onproperty, in the city of Cape Canaveral. Wo have received certain suggestions from members of the publicteganiing prov-sicr. in the planned unit development's for a not-th-south access ioaJ and sidewaUs adjacent to such road, to provide access frHarbor tieights:.quhdivision to the south through o,^, the planned unit development. %%A: ha:e also received inquiries as to the plans for a right -of -tiny cr Pidgewood Avenue and the continuation ofsaid road from its present location northward. We have also received inquiries as to the possibility of changing .the location of, certain improvements in the develoPwent. Cueto the above and foregoingreasons, we feel that we need to investigate'with the proper city officials and members of the public these phases of the development and request that the Board of Adjustment and Appeals continue the he ing now set for hbrday, March 5; 1973 fora period of. at least' thirty days. - First Interstate Development Corporation would ie willing to pay for any additional costs the City may incus associated with such a continuance. Very truly Y—s, Richard E. Biery President PF.B.,p.+ AND CHANGED THE AMMF.NDMENT TO -READ THAT THE PETITIONER WOULD DE RE QIIIRmi TO REVISE HIS PREs ENTATION. MR.MEGUTAR' SECONDED TIIE MOTION. IlHE VOTE ON THE FLMIiNDMBNT WAS AS FOLLOWS: ]:,-'It MR. NICHOLAS,' MR.. BALOUGH, MR. MEGUTAR, MR. GRAEFE. AGAINST ` MR.'MACLAY..' AN AMMENUMENT WAS ?NDE Bl'DIR. GRAEFE THAT A-30 DAY CONTINUANCE BE GRANTED, AND SECONDED BY MR-- MEGUTAR. AF ER DISCUSSION TIDE-AMMEND- HENT WAS CIIANGF:D. TO READ TIIA"F.TIIL• COjy'T-INUANCf: BE GRANxEU�Fr-A-PEl2I0D 01' FOUR WEEKS;. THIS AMNE3DAIENT WAS' PASSED BY UNANIMOUS VOTE. THE MOTION ON THE FLOOR WITH THE AMMENDMENTS WAS THEN VOTED ON. THE VOTE WAS AS FOLLOWS: FOR-- MR. GR:\EFE,.MR. .MEGUTAR, MR'. NICHOLAS,. NIL MACLAY. AGAINST MR. BALOUGII. THE MOTION PASSED. TUE BOARD OP ADJUSTMENT WILL RECONVENE ON' MONDAY'. APRIL 2; 1973 AT 7:30 P.M. THE MEETING WAS ADJOURNED AT 9:05 P.M.