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Home My WebLink AboutMinutes 11-06-1972:r Jv'w1� City of Cape Canaveral 0 I.fi . 1C ^}. ��iy't ioa rou .v rnry c.�nr usevrr�•�., nano. uoxo v..+est. roe vuyuoo Wt fI.VA/1r.4 BOARD OF ADJUSTMENT a rt j,+� •% 14OVEMBER 6, 1972 AGENDA CALL TO ORDER ROLL CALL MINUTES OF MEETING OF SEPTEMBER 25, 1972. ITEM 1. REQUEST 72-14 - APPEAL OF ADMINISTRATIVE DECISION REGARDING R.P.U.D. BY FIRST INTERSTATE DEVELOPMENT CORP.. STEM 2. REQUEST 72-15 APPEAL OF ADMINISTnr.T1VE DECISION REGARDING BUILDING PERMIT BY FIRST INTERSTATE DEVELOPMENT ITEM 3. RULES OF PROCEDURE. CORP, ADJOURN. BOARD Of: ADJUSTMENT November G,. 197. Hie Board of Adjustment of the City of Cape Canaveral met oil November (,, 19722 at the City .Hall, 105. Polk Avenue, Cape. Canaveral, Florida at-7:55 P.M. The meeting was called to order by Dlr. -l.ea Nicholas, Chair- .man. Roll was called by City Clerk, Anita Ostrom. Officials present. were Mr. Nicholas, Mr. 'halough,''Mr. Graefe, Mr. Littler,', Mr. Maclay; i.z-officio member Mr. Burkett; and City Attorney Richard Scott. `Tile minutes of the meeting of September 25, 1972 were approved'as read 1)), the Clerk, by motion of Idr.- Maclay, 'seconded by Mr. lialaugh and unanimous voto of the Board. ITEM 1, Request 72-14 - First interstate Development request for IU!IIIl in'14-1 one. A letter was read by Chairman Nicholas requesting that Mr. Maclay step down froth the Board to act on this case due to possible' prejudice. Sit-. SichaYas stated that the Board had no authority to ask it member to step down and Mr.Maclay did'. not choose. to do so. Mr. llurck,} the Building Official again asked that Mr.- -Maclay step down dire to difference of opinion between the two in the past. Mr. Maclay stated that prior difficulties had nothing to do with the casc at hand and he felt that lie could render an impartial decision. Mr. John Starling, representative for: ..First interstate asked that this letterbe made an official part. of the Minutes. Mr. Nicholas then reviewed thefile on the appeal by. Mr. Rhame and Mr. Maclay "and all the pertinent data attached.Mr,.11arry Rhame and Mr. Frank Martin were in attendance to uphold their appeal and Mr. John rStarling ..to represent First` Interstate Development. Corp. Letters were presented from Mr. Jack ilgrck, Building Official, giv- ing reasons for his opinion as'to the legitimacy of the request; Also,. from Mr, John Ilanna of the Brevard County Planning Department and Mr. Earl Armiger,.'Director `of Planning with Stottler,''Stagg Asso[,of Brevard Engineering Co.- These letters upheld 'the opinion. that the request was legitimate. '.I to lrngthI, dis —s ion Chairman `'icha las ca 1'1 ed I'al' a recess I� 5 iainules at 9:O4 h.M. 7'he mcetinr, reconvened at. 9:16 Mr. I.ittIci moved to uphold the decision of .the Building Of fIciol. Mr. Graefe seconded the motion. Vote on the motion was as foll,..oaa : In, favor Mr. Graefe, Mr. Littler: Opposed Mr, Nicholas Mr. Maclay, ?h•. ;',alough;. ;, four to one .vote being necessary to re verse a decision of the Building Official; the decision was there- by upheld by default. 11•f:M'2. liequcst 72-15. regarding Building and Sewer Pernits issued.br the Building official to, First Interstate Devel- opment Corp. ?h•. Nicholas read tlae petition and the attached papers. Also a letter from Mr. Harry Bhame citing his reasons for the appeal and the sections in this City Zoning Ordinance he felt were being violated. 'Mr,. Starling asked that Mr. Maclay disqualify, himself from the Board to act on this appeal. Mr. Maclay again refused to do so, stating thathe was prepared and qualified to gave. an unbiased opinion oil the case. Mr. iihame 'stated that he was appeal- ing on the basis that the size of the units in the phots did not meet ,the requirementsof the amendment. to the 'Zoning Ordinance passed by Council the day after the permit, was issued, and that adequate per manont construction had not been done prior to the amendment. Mr.. Iiurck defended the issuance of the permit oil the basis, that the plans met .the requirements of the .Zoning Ordinance at the time that the permit was issued. Mr.Starling cited several cases re - guarding this type of permit which lead them to believe that the City had no authority to act under this permit. Mr. Starling asked that a temperary injunction issued' against' the City by Judge Volie Williams be made a part of, the record of this meeting. This in- junction prevents the City, fromstopningconstructIon on Lite project. Mr. 'Dick Biery of Marinoff Homes, builder on the project was also in attendance and gave the Board figures as to tile. cost of the pro- ject, etc. After'lengthly discussion, a recess was called at ID:Zs P.M. being reconvened at 10:59 B.M. Mr. \icholas restated the ques- tion before the Board:' Are the permits valid and was the issuance of the permits'a valid act? Ah•. Maclay moved that the building permit bo amended, to apply only to building A; motion seconded by Mr. Nic11ulas. Mr. Maclay and Mr. Nicholas voted Ili favor, Mr. Graefe, Mr. Littler and Mr. 111,]0111;11 upposcd,. and the.motion failed to carry. Mr. Itatouglr moved that the building 'perinits'Ile ,retained. Mr. Littler seconded .the motion. ill favor of tile motion, Mr., Littler, Mr. Graefe, Mr. Ralough, against the motion, Mr- Nicholas; Mr. Maclay, thereby upholding the validity of the bui1ding.permits as issued. ITEM i. Rules of Procedure: Mr. Nicholas noted some roquested ch:ulges in the Boles of Procedure and explained the reason for the changes. Mr. Maclay moved to .adopt the Rulcs of Procedure. as amended. Mr. 6alough seconded and a vote was unanimous iti favor of adoption. By motion of Mr. Littler, seconded by Mr. Maclay the meeting was adjourned at 11:00 P.M. Approved, this hay of 1972. outman oT tie Soard of �TustmOnt i City of Cape Canaveral e roux •viceua ,ven.u, nuxm+ua,o w[UUMA October 27, 1972 Mr, Leo C. IJich0las, Chairman Board of Adjustment 250 Harbor Drive Cape Canaveral, Florida 32920 Dear Mr, Nicholas: Subject: Pranklyn P. Maclay Member of Board of Adjustment On November G, 1972, there is a,meeting scheduled or '.a hearing concerning matters relating to First In— t erstate Development Corporation about certain decisions of the Building official, Mr. Feeley was appointed to the Zoning & Planning Board in February 19'(2 and since that time has been very critical of the Building Official In regards to aeveral Permits Issued .by him, to the point he has protested my actions and decisions to the City Manager, the Zoning & Planning Board and the City Council. Further, he has pro- tested the Building Official'sdecisions and requirements concerning storm damage to Mr. Maclay's property, causing the City much inconvenience and some expense to no avail. In June, 1972, Mr. Maclay was appointed to the Board of Adjustment and is presently one of the Board's five. members.. Therefore, I feel that Mr. Maclay's presence as a member,of the Board. of Adjustment, considering a decision of the Building Official, would be Improper., at thistime because I feel he would be prejudice and could not render a fair and impartial decision in this matter, Therefore, I am requesting Mr. Maclay's removal .from the Board of Adjust- ment for this hearing, and an alternate Board member substi- tuted. Sincerely, CIT,' OF CAPE CPJAVER /�ur,; k Rurck lding.Officlal ' rhg