HomeMy WebLinkAboutMinutes 01-15-1973City of Cape Canaveral
10 n •V . C— CIN—R— 1-1— 32920
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BOARD OF ADJUSTMENT
JANUARY 152 1973
CALL TO ORDER
ROLL CALL
MINUTES OF NOVEMBER 6, 1972 FOR APPROVAL
ITEM 1. REQUEST 0 72-16 - DECISION RE: RADIATOR WORK JACK STAR SERVICE
STATION
ITEM 2. REQUEST # 72-17 - APPEAL TO ADD 40 FT. EXTENSION TO EXISTING
UTILITY BUILDING - PAUL SIBRE
ADJOURN.
® BOARD or• AD.IusTMBN9'
,january 15, 1973
nuary
Board of Adjustment City of Cape Canavcr;r 1, me[ eroil .humor
15, 1973 at the City I1a11, 105 Polk Avenue, Cape C;uraver•nl, Florida
at 7:35 P.M.
Meeting was called to order by Chairman IXO Nicholas-
Roll was called by the City Clerk.
Present: Chairman Nicholas, bh•, Ikriough, Mr. Graefe,
Mr'! Littler, %Jr. ?lacla)':
Ex officio member Mr. Burkett:
Assistant City Attorney Richard Scott
City Clerk Anita Ostrom..
After it correction by Chairman Nicholas, the minutes of Nov-
ember G, 1972 were approved by motion of Mr. Bnlough, seconded by
Mr, Graefe an wi:mimous vote of the hoard.
1'I'1�1 1. I21iQUlis1' No. 72•16 - lioljK,JACK STAR SERVICE S•I',1DING RADIATOR 'flo\.
Mr, Nicholas reviewed the file and noted that all Papers were
in order and that tie request had been properly. advertised. Mr..
Star was in attendance and explained his operation. Mr. Stan's re-
quest was to he able to re-core radiators. Ile stilted that le was
presently allowed to take off thetop tank of a radiator to clean
and flush it and was r'cqucstilig to be able to take off the bottom,
and replace the core. Mr. Percy Smith, the Ikrilding official was
asked for his interpretation of the Zoning ordinance regarding this
operation. Mr. Smith read his letter to the Board which Ile had
written to the Council and, the City Manager stating that his later-
pretation was as follows:
To remove and solder the top and bottom of a radiator is some
kind of it repair and cited tle ordinance which stated "Repairs
not to include auto repair". Based on his interpretatJon of
the Ordinance as w•rittoo,this Oil cration.would be. incorrect at
a service station-
it was brought out during discussion that )Ir. Star's intentions
were to take contractwork from other sources,in addition to his reg-
. alar customers,for'radiator re-coring.
After considerable discussion Mr. Balough moved to uphold the
Building official's decision in'that cleaning and flushing docs not
include coring as explained. Mr. .Littler seconded the motion and the'
rote was as follows: In favor Mr. Balough, Mr. Littler, Mr. Maclay
and Mr. Nicholas, opposed +h•, Graefe. The motion carried. The
Buildiag official's opinion was upheld.
iTG"•1 2 I2IiQUliS1' 72-17SAPPEAL
INGOUI'IILITY IMIL40 Ff. D1
TN TO
INGBY MR. SIBRB.
Mr. Nicholas reviewed the petition statingthe reason for the,
appeal. 'rile Building Official stated his reason for refusing thr
permit;, The reason being that the application was to adda utility.
roomto a nonconforming existing building according to set -back re-
quirements in thc'Zoning Ordinance. Ile referred to the Zoning Or-
dinance, Page IZ stating that you cannot add to nonconforming
structure. Mr. Sibre stated to tile Board that he needed this build-
ing for
uild-ingfor extrastorage space for equipment which he now had no place
to store. After considerable discussion between Mr. Sibre and the
iBoard it was determined that if the Board acted on this appeal con-
cerning a nonconforming use they would have ,no alternative exceptto
,uphold the Building Official' opinion, according to tile.. Zoning..
Ordinance. Mr. Sibre, decided to withdraw his application and re-.
apply on a'different basis toItile Zoning and Planning Board. Mr.
Graefe moved to'accept Mr. Sibre's,request to withdraw Ills applicat-
ion, Mr. Maclay seconded the motion. The motion carried by unanimous
vote.
By motion of Mr.: Maclay,. seconded by Mr. Dalough the meeting
was adjourned at 10:40 P.M.
Approved this/)/IDay of F/,:•.••y 1975
Mr. Loa Nicholas Chairman
- Actino Choi titian