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HomeMy WebLinkAboutBOA 1974 Minutes & Agendas0 Aw iFICE6 STANLFv WOLFMAN P05T OFFICE 00, 51] NICHA00 F. 5C-]00 WEST MEF..- ISLAND .'LEEWAY \II:NNITT LEE - W -11 F'l.,..... W,05. A5]B]l] December 19, 1974 TELEPHONE 1]051 Mr, CliffordVan Wagner Chairman Planning and Zoning Board City of Cape Canaveral 105 Polk 'Avenue Cape Canaveral, Florida 32920 Re: Special exception for beer license Dear, Mr. Van Wagner: It Is our opinion that an application for a special exception for an alcoholic beverage license for Papa Sol's Restaurant is not a valid request. The 2000 feet requirement of the Zoning Ordinance makes any establishment selling alcoholic beverages which is less than 2000 feet from an already existing business a prohibited use. A special exception is not a proper method to determine whether such a use should be allowed. The applicant may file an application for a variance, but obviously no hardship can exist in this instance, since the zoning regulation was in force when the applicant purchased the property. The only other remedy, which may be available to the applican Is to request a change In the zoning ordinance. Therefore, based on our opinion, we are advising the proper City officials that a (bard of Adjustment hearing for a special exception should not be scheduled and that such an application for special exception, If filed, should be returned to the applicant. (continued) Page t December 19, ,1974 Mr. Clifford Van Wagner We make no recommendation as to the propriety in amending the zoning ordinance, as that is a legislative function and would be up to your Board and the City Council. If you have any questions regarding this letter, please let me know. Yours very truly, R�ha!;�17. Assistant City Attorney S/t ci Albert b Francis City Manager Board of Adjustment �'0 5Q A4. a i o%'E _ o 61: City of Cape Canaveral �oodM _ 0 •i y p—r Ux CLUnRAL T AGENDA - BOARD OF ADJUSTMENT AUGUST 12, 1974 c CALL TO a ROLL CALL O K n p p. w O OF JANUARY 28, 1974 �'0 5Q A4. 61: City of Cape Canaveral \Y _ p—r Ux CLUnRAL AGENDA - BOARD OF ADJUSTMENT AUGUST 12, 1974 7.30 I.M. CALL TO ORDER ROLL CALL MINIIKES OF JANUARY 28, 1974 ITEM I. x74-1 APPEAL OF BUILDING OFFICIAL'S OPINION IN MEMO DATED MAY 14, 1974. RE: OCEAN PLACE ITEM 2. x74-2 APPEAL OF DECISION' RE: SIDEWALKS -WINDJAMMER CONDOMINIUM DISCUSSION ADJOURN '.. City of Cape Can L3 GtPF GIA,Ei4 :JULY 23,.; 1974 .TODAY N^c9S }� 1.309 FORREST AVENUE <COCOA, FLORIDA 32922 G2NTL :NE.I: PLEASE PUBLISH THE FOLLOWING LEGAL AU FOR :ONE DAY ON 'FRIDAY, JULY ::26, 1974- NOTICE OF :PUBLIC HEARINGS THE BOARD OF ADJUST.IENT OF THE CITY OF CAPE CANAVERAL < WILL:EOLD PUBLIC': HEARINGS AT THE. CITY HALT,, 105, POLK AVENUE, CAPE CANAVERAL, FLORIDA ON AUGUST 12,1974. AT 7:30 P.11. 'SAID PUBLIC HEARINGS ARE FOR 'YE PURPOSE OF HEARING APPEALS OF ADMINISTRATIVE DECISION ON THS'.' FOLLOhING: 1. SIDEWALKS: AT THE VIINMJAMIJi R CONDOMINIUMS -LOTS 6-8,:; BLOCK l60 AVON BY-TPE SEA.. SEC 23,TP':24, R-37. 2. PLOT PLAN: Ci:,NGE S. PARKING -dT OCEAN: PLACE, N 660' OF '.G.L, 4,,-S- , 14,., TP 24, I1 37. THE Pr EAW A;; BEING ADE BY `.3FRANICLYN P. MACLAY, 0 ADAMS MS AVENUE, CAPE C?u !FRAC,-FLORIDA,= IPI CQ\FORb1- ld;CE i11TIi SCTION XV, 2TE.M 1A OF ORDINANCE II0:-12-71. i Y:�.4TZE3 >IN -TEREST ARE: 7INVITED ..TO ATTEND THE HEARINGS. C/ITY OFC o E Cd70V RAL ANITA J. STRO:I,. CI•:C.. CITY CLERK/TREASURER 1 _'• �./ 1 city \ t c vs 1 •y--' ri 4— �. s JULY 9, 1974 -� TODAY NEWS ' 308 FORREST AVENUE -�, /•• COCOA, FLORIDA 32922 GENTLEMEN: PLEASE PUBLISH THE FOLLOWING LEGAL AD FOR ONE DAY - j� ON .FRIDAY,. ,JULY12,:1974: :NOTICE OF. PUBLIC HEARING THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL 'WILL HOLD PUBLIC HEARINGS AT THE CITY .HALL, ..IO5'POLK AVE., CAPE .CANAVERAL, FLORIDA ON .JULY 22, 1974 AT 7t30 P.M. SAID .PUBLIC HEAR ING3;RE FOR THE PURPOSE- OF HEARING APPEALS OF ADMINISTRATIVE DECISION ON THE FOLLOWING:: 1,SIDEWALKS AT THE WINDJAMMER CONDOMINIUMS, LOTS 6-8,' BLOCK, 60,AVON BY THE'SEA, SEC. 23 TP 24 R. 37. '. 2. PLOT PLAN CHANGE. AND PARKING AT OCEAN PLACE, N 660' OF G.L. 4., SECT 14 TP 24,.R 37. THE APPEALS ARE BEING I4ADE BY MR. FRANKLYN P. MACLAY, 630 ADAMS, CAPE CANAVERAL IN CONFORMANCE WITH SECTION XV, ITEM IA OF ORDINANCE. NO. 12-71. PARTIES IN INTEREST ARE INVITED TOATTENDTHE HEARINGS. CITY. OF CAPE CANAVERAL ANITA J. OSTROM,. CMC. "CITY CLERK -TREASURER Y BOARD OF ADJUSTMENT AUGUST 12, 1974 THE BOARD OF ADJUSTMENT, CITY OF CAFE CANAVERAL, MET 0?1 AUGUST 12, 1974 AT THE CITY HALL, 105 FOL}: AVENUE, CAFE CANAVERAL FLORIDA AT 7130 P.M. THE. MEETING ',.AS CALLED TO ORDER DY CHAIRMIAN LEO NICHOLAS, AND ROLL WAS CALLED BY THE DEPUTY CITY CLERK. FRESENTI MR. NICHOLAS, MSR. MEGUTAR,F•SR. LITTLER, MRS. CANNON AND MR. SCOGNA. E% -OFFICIO MEMBER. -MLR. VAN WAGNER DEPUTY CLERK - MRS. FRAZIER ALSO PRESENT AT THE MEETING WERE MR.ALLEN, BUILDING OFFICIAL,. MAYOR MACLAY, MR. RHAME,. ALR. JOHN EVANS, ATTORNEY FOR FIRST INTERSTATE, ASR. JACK HURCK, MR. FRANK MARTIN, MR. BIERY, AND OTHER INTERESTED PERSONS. MOTION WAS MADE BY MR. LITTLER THAT THE MINUTES OF THE JANUARY 28, 1974 MEETING BE APPROVED J,S PRESENTED,, SECONDED BY MR.SCOGNA., MOTION PASSED UNANIMOUSLY. MR. NICHOLAS RLVVIE'ViED THE AGENDA AND INTRODUCED ITEM 04-1 APPEAL OF BUILDING OFFICIFALLS OPINION IN MEMO DATED MAY 14, 1974 RE. OCEtN PLACE. HE THEN REVIEWED THE FILE NOTING THAT THE PRUPE'R STEPS HAD BEEN TiAF:EN. AT THIS TIME MR. EVi.NS 'ASKED TO BE HEARD. HE HAD TWO OBJECTIONS TO THE BOAR] HEARING THIS MATTER; ONE CONCERNING THE MYAKE UP OF THE BOARD, AND ONE AS TO THE SUFFICIENCY OF THE PET1- TION ITSELF. MR. NICHOLAS GAVE MR. EVANS THE FLOOR. MFl. MR. EVANS ASKED MRS. CANNON TO DISQUALIFY HERSELF BECAUSE OF OUTSPOKEN OPINION AGAINST FIRST INTERSTATE. MRS,CANNON REFUSED TO STEP DOWN AS SHE FELT THAT SHE COULD AND WOULD BE ABLE TO GIVE AN UNBIASED OPINION. #2. IN THE OPINION OF MR. EVANS IT IS FELT THAT MR. MACLAY HAS NO LEGAL STANDING ON ;IHICH TO CHALLENGE THE DECISION OF THE BUILDING OFFICIAL AND THAT AS THE PERMITS HAD BEEN ISSUED LEGALLY AND THAT THIS BOARD HAD REVIEWED THIS PROJECT, THAT THERE REMAINED NO BASIS FOR THIS HEARING. MR. NICHOLAS STATED THAT WE DID NOT HAVE LEGAL ADVISE AT THIS TIME, BUT THAT AS HE HAD NOT BEEN INFORMED OF ANY REASON FOR NOT HEARING THIS MSATTER FROM THE CITYATTORNEY, THAT THE .HEAR- ING WOULD CONTINUE. MR. EVANS RESTATED HIS OBJECTIONS TO THE VALIDITY OF MSR. MACLAY TO CHALLENGE THE ISSUANCE OF THE PERMITS. HE READ FROM THE ZONING ORD. SEC 15, pg 118. HEALSO REFERRED TO THE REQUEST ITSELF AS NOTBEING FILLED IN ACCURATELY, 114D FELT THAT IT WAS NOT ADEQUATE NOTICE AS TO. WHAT WAS BEING HEARD. HE HAD iA COPY OF THE REQUEST FROM THE FILE WHICH WAS NOT COMPLETE. THE FILE COPIES ARE COMPLETE. MR. MACLAY CITED FROM A LETTER FROM ATTORNEY WOLFMAN THE DUTIES AND RESPONSIBILITIES, OF THE MAYOR, ONE OF WHICH IS TO. SEE TO THE FAITHFUL E/ECUTION OF ALL ORDINANCES AND THEREFORE AS MAYOR HE DOES HAVE ALEGIAL STANDING TO CHALLENGE. MR. NICHOLAS ASKED, THE BOARD IF THEY FELT THAT THIS. MATTER SHOULD BE HEARD. THE BOARD FELT THAT IT WAS PROPER TO CONTINUE THE HEARING. QUESTION WAS RAISED AS TO WHO HAD PAID THE FEE, RECORDS SHOW THAT MR. MACLAY PAID THE FEE JUNE 9th, RE MISC.RECEIPT 5801. MR. EVANS THEN ASKED THAT THE MEETING BE POSTPONED UNTIL SUCH T114E THAT LEGAL OPINION COULD BE OBTAINED. NEITHER OF THE CITY ATTORNEYS WERE hVAILABi,E SO MOTION 5ECO14DED BYSh1R.DLITTLER. . SCOGNA THAT THE MEETING BE POSTPONED, SECONDED BY THIS MOTION WAS AMENDED TO READ, UNTIL AUGUST 19th, MR. LITTLER. AFTER DISCUSSION, DURING WHICH MR. EVANS REQU£[ D A 1+ !+ TWO WEEK POSTPONEMENT THE ORIGINAL MOTION WAS WITHDR BY .L'2. I:EW MOTION WAS MADE TO POSTPONE UNTIL AUGUST 26th, MA SCOGNA, SECONDED BY MR. LITTLER. MR. EVANS STATED THAT THEY WOULD WAIVE RE -ADVERTISING. THE VOTE WAS AS FOLLOWS: FOR POSTPONEMENT: MR. MEGUTAR, MR. LITTLER, MR. SCOGNA, MR. NICHOLAS. AGAINST: MRS. CANNON. I•IOTIO14 CARRIED. ITEM 2: a74-2 APPEAL OF DECISION RE: SIDEWALKS WINDJA64.4.R CONDOMINIULI. I•Uk. W-.RRY SCHRIdMI ASKED TO SEE THE PETITION AS FILED ASKED WHO. PAID THE FEE (MR. MACLAy- RECEIl,'f 5801) AND REQUESTED THAT MRS- CANNON STEP DOWN AS SHE HAD PUBLICLY HARASSED HI TO MRS' AND ED CANNON STATED THAT SHE HAD NEVER HARASSED HIM, STEP DOWN ON THE GROUNDS THAT SHE FELT THAT SHE COULD AND WOULD BE ABLE TO RENDER AN IMPARTIAL DECISION. MR. NICHOLAS THE14 REVIEWED. THE FILE NOTING THAT ALL THE PROPER STEPS HAD BEEN TAKEN. MR. FV.CLAY STATED HIS CASE USING DIAGRAMS AND REFERRING TO THE ZONING ORDINANCE AND PERIAITS AND FLAN THAT HAD BEEN ISSUED. THE ZONING ORDINANCE STATES THAT SIDEWALKS ARE A REQUIREMENT AND THAT IT IS NOT THE RIGHT OF THE BUILDING OFFICIAL TO DECIDE WHEN THEY ARE NOT. IT WAS NOTED THAT IT WAS THE DECISION OF THE CITY ENGINEER THAT IN THIS CASE IT WOULD NOT BE NECESSARY AS IT WOULD MEAN THE TEARING UP OF .ALREADY PAVED AREA. MR. I.V CLAY FELT THAT THIS WOULD BE A VARIANCE AND SHOULD HAVE BEEN HEARD BY THE BOARD, AND THAT IF IT WERE ALLOWED IT WOULD SET A BAD PRECEDENT. DURING DISCUSSION IT WAS SHOWN THAT THE AREA IN QUESTIO14 HAD BEEN DELETED FROM THE PLANS. MR. TACK HURCK CITED THAT IN THE CASE OF ONGERTH THE CITY ENGINEER HAD WAIVED THE NECESSITY. FOR THAT SIDEWALKS FOR THE SAME REASON. AGAIN, D, NOTCOFYTHEATED ENG1[ ER THIS SHOULD HAVE BEEN A DECISION OP THE BOARD, MR. NICHOLAS RAISED THE POINT THAT THE FACT THAT THESE HAD BEEN VERBAL DECISIONS BOTHERED HIM. ES TWIT 1-11")E REFERENCE TO THE 'ZONI14G ORDII7ANCE WHICH STAT SIDEWALKS WILL BE INSTALLED DURING CONSTRUCTION. THE QUESTION THEN AROSE ABOUT THE PAVING BEING SUFFICIENT. IT WAS SHOWN THAT IT IS SUPERIOR TO WHAT IS REQUIRED. I.1R. HURCK THEN BROUGHT OUTNTHATHTHE ORDIShNCE TDOET9IEN01' .TAKE INTO ACCOUNT THE STREET ENDS, ALLY WHERE THE ROAD BECO14ES WIDER.. MR. ALLEN STATED THAT AS THE LOTS IN QUESTION ARE NOT TO BE DEVELOPED THAT. THE SIDWALKS ARE NOT REQUIRED AT THIS TIME. BUT, SHOULD THEY HE DEVELOPED THEN THEY, WOULD BE REQUIRED. DISCUSSION WAS HELD ON SIDEWALK SPECIFICATIONS AND ON STREET SIZE, ETC. THERE IS 170 CITY RESOLUTION ON FILE WHICH. ADOPT SPECIFIC INFOREIATION ON THESE ITEMS. MOTION WAS MADE TO RESCIND THE CITY ENGINEER'S DECISION THISLBOARD- FMADE LBY MR- Tf•IEQUTAR,SSECONDED CHRAMM RBYGMRS.ARIANCE BEFORE CANNON. FOR THE MOTION: MR. MEGUTAR, MRS. CANNON AGAINST THE MOTION! MR. LITTLER, MR. SCOGNA, MR.NICHOLAS THE MOTION WAS DEFEATED AND THE BUILDING OFFICIAL'S DECISION. WAS UPHELD... RECOMMENDATION 'IS. MADE TO THE CITY COUNCIL TO CHECK INTO THE STREET AND SIDWALKPROBLEMS ALONG THE ,STREET ENDS. NEW. BUSINESS:' THE By STATE THAT A CHAIRMAN: AND VICE•'-CHAIRPU'N WILL BE ELECTED ANNUALY. MR, WGUTAR NOMINATED MR. NICHOLAS FOR CHAIRMAN, SECONDED BY MR. LITTLER, NOMINATIONS CLOSED. MR. LITTLER NOMINATED. MR. SCOGNA AS'VICE-CHAIRRAN, SECONDED BY MR. MEGUTAR, NOMINATION. CLOSED. MR.LITTLER MOVED THAT MR. NICHOLAS AND MR.. SCOGNA SERVE THIS BOARD AS CHAIRMAN AND VICE-CHAIRMAN FOR THE COMING YEAR.. MRS. CANNON SECONDED THE MOTION MD THE VOTE. WAS UNANIMOUS. _ THE MEETING WAS ADJOURNED AT 9:20 P.M. APPROVED THIS A DAY OF "� 1974 CHAIRMAN CL q%A`,�/,n tlt City of Cape Canaveral C,r;oF " wt wunrx AGE11DA — BOARD OF, ADJUSTMENT AUGUST 26, 1974 CALL TO ORDER MINUTES OF AUGUST 12, 1974 ITEM I: 74-1 APPEAL OF BUILDING OFFICIAL'S. OPINION IN MEMO DATED MAY 14, 1974 RE: OCEAN PLACE DISCUSSION ADJOURN s BOARD OF ADJUSTMENT AUGUST 26, 1974 THE BOARD OF ADJUSTMENT, CITY OF CAPE CANAVERAL, HET ON AUGUST 26, '974 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL FLORIDA AT 7.70 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN LEO NICHOLAS, AND ROLL WAS CALLED BY THE DEPUTY CITY CLERK. PRESENT: :IR. NICHOLAS, :'RS- CANNON, MR. '!ATSCHNER, !IR. SCOGNA, MR. EICHHORST CX—OFFICIO MEMBER — MR. VAN WAGNER ATTORNEY — RICHARD SCOTT DEPUTY CLERK — MRS. FRAZIER ALSO IN ATTENDANCE WERE. MR. ALLEN„ BUILDING OFFICIAL, MAYOR ND10THER MR. BRAME, 'Ill. JOHN EVANS, ATTORNEY FOR FIRST INTF.RSTATF., INTERESTED PERSONS. THE MINUTES OF THE AUGUST 12, 1974 MEETING WERE READ. DISCUSSION WAS HELD PERTAINING TO THE NOTLON TO RESCIND THE CITY ENGINE:ER'S DECISION AND THAT MR. SCHRAMM BRING A VARIANCE BEFORE THIS BOARD., THIS WAS NOTED TO BE A DIRECT QUOTE FROM THE TAPE. MR. ALLEN STATED THAT THE STREET DRAWINGS DO SHOW.A SIDEWALK IN THAT AREA. A SIDEWALK HAS TO BE ON THE CITY RIGHT OF WAY AND THE PAVEMENT .GOES VIRTUALLY FROM RIGHT OF WAY TO RIGHT OF WAY OF THE FINE. MR. NICHOLAS COMMENTED THAT THE MOTION SHOULD HAVE BEEN ADDRESSED IN ONE COMPLETE LINE OF THOUGHT, AND THAT WAS TO UPHOLD THE BUILDING OFFICIAL'S DECISION, BRINGING IN THE MATTER OF MR. SCHRAMM'S VARIANCE. REQUEST. BEING SUPERFLUOUS. MR. 'IACLAY MADE COMMENT "POR THE RECORD, DISAGREEING WITH H4R. IYF F.CT,S STATEMENT, 'VIRTUALLY FROM RIGHT OF WAY TO RIGHT OF WAY,';. S IS NOT, THERE IS A GAP BETWEEN THERE, AND IT IS NOT VIRTUALLY FROM RIGHT OF WAY TO RIGHT OF WAY." MOTION WAS MADE BY MRS. CANNON TO APPROVE THE MINUTES AS READ,SECONDED BY MR.MATSCHNER. MOTION PASSED UNANIMOUSLY. MR. NICHOLAS REVIEWED THE FILEON ITEM O1: 74-1 APPEAL OF BUILDING OFFICIAL'S OPINION IN MEMO DATED MAY 14, 1974,RE:. OCEAN PLACE. MR.. MACLAY REQUESTED POSTPONEMENT UNTIL SUCH TIME AS A DECISION WAS HANDED DOWN AS TO WHETHER THE MAYOR HAD A RIGHT TO PERSUE. VIOLATION OF THE ZONING ORDINANCE. 'IR. EVANS WAS HEARD IN OPPOSITION TO POSTPONEMENT. DISCUSSION FOLLOWED. MRS, CANNON `LOVED THAT THE HEARING BE POSTPONED UNTIL SUCH TIME AS THIS BOARD HEARS BACK FROM MR. IIACLAY'S PETITION TO THE CIRCUIT COURT. MR. MATSCHNER SECONDED THE MOTION. DISCUSSION FOLLOWED. MOTION PASSED UNANIMOUSLY. THIS MEETINGWILL RESUME AT THE EARLIEST POSSIBLE TIME. THERE IS NO NEED TO RE—ADVERTISE. ALL PARTIES.. WILL BE. NOTIFIED BY MAIL AS THE THE NEXT MEETING DATE. MOTION TO'ADJOURN WAS MADE BY MR. SCOGNA, SECONDED BY MRS. CANNON. PASSED. UNANIMOUSLY. APPROVED THIS.%/ DAY OF '/' + . 1974, f co CHAIRMAN D m City of Cape Canaveral ,t, �iQ = d jios noon •�Er.uc . c.>E u.+ E ono• ]rc:o EI]YEE un Euurcnu BOARD 01' ADJLIs'fD1ENT JULY 22, 1974 7:50 P.M. AG17NDA CALL TO ORDER ROLL CALL MINUTES 01: .JANUARY 28, 1974 ITEM 1. P74-1 APPEAL OF BUILDING OFFICIAL'S OPINION IN MEMO DATED MAY 14,'1974 R17: nCHAN PLACE ITEM 2. 074-2 APPEAL OF DECISION RE: SIDEWALKS WINDJMIMER DISCUSSION ADJOURN city C6,uncil r{Oir. Building Officlal nA'fr:: (•ay14, 19.74 Si13•T i.CT: OC-EA11 PLACE I'lot Plat chance sho:;n on drawing, dated 1. vc'h 30 ':173and approved T :n_ 22, 1973 )ncroaoed t1l :. ..16e al' t11plot from G.14 acr�a tp % 173 act r,'an Inca ise n�f .'778 the citrv, of. tn., v property line was <han ;ed -'aua 0,' till c. han;,a, It .toulci not be practical _xtcurl r t_erro'.,ri ,Avonu and _'o'+i >: thio Iinu. As to the .Petr! 111.7,, for thts pro J ct crtend1n,1 into Lila 11-1 sone, till, o.ljau ,itua ion or otud with the plot. plan that 1.mL aoprovod Oetubur 11 1-572.Ordinance 12-71, t c ton h "'arae xnph I -C do ,.11 this e A] :a,' t lyre la n, roma^+t .Zt foi tha ii1d ,..r_.. :1v nuc, rt.tt o!'-t•ray and no and *o" m, for uiti.ur the R-1 or 1(-3 araau.. It La my opinton thatthere is novalld .•,anon ,;i• ,Co i?..n; this ?y,NCIE Alyn �9 'City of Cape Canaveral ``�"-"i•` � � '� .vr..uc . c.vE c.�+.v� . nowm. vexo' , ToF ... r CAW" Dx wxnrx FEBRUARY 26 1974 MEND: BOARD OF ADJUSTMENT MEMBERS ENCLOSED PLEASE FIND COPY OF MINUTES TO ADD TO YOUR 'FILE ON REQUEST e73-7 BAR" RIVER CORPORATION - HIDDEN HARBOR CONDOMINIUMS. AS REQUESTED YOU WILL FIND COPIES OF ALL ORDINANCES PERTAINING TO THE ZONING ORDINANCE WHICH WILL UPDATE YOUR ORDINANCE BOOK. A'COPY OF THE CONDOMINIUM PAPERS IS ON FILE IN THE CITY CLERK'S OFFICE AND YOU MAY CHECK 1T OUT IF YOU HAVE NEED TO DO SO. IN REGARDS TO THE, LETTER WHICH MR. JOHN ALLEN WROTE TO THE STATE RE SIDEWALKS: AS OF THIS DATE A COPY HAS NOT BEERASNBEENE INED INCONTACTIWITHIS FTHEM AND ARERARER. ELVIN EN REQUIRED TO PUT IN THE SIDEWALKS. Cibi of Cape Ganavar,-.,l tii �V.v. o ro .K �vr.n c c �c caH , a„aa a:oio i a. {4 iii fly T�1EI—E aoa ClTroF ,r--' BOARD OF ADJUSTIMIM JANUARY 28, 1174 `•` : 7:30 P.i•!. AGENDA• CALL TO ORDER . ROLL CALL MINUTES OF JANUARY 7, 1473 MEETING ITEPS I: ..REQUEST -73-7 FILIAL APPLICATION— SPECIAL MCC-2PTION RPUD — DLIR*iA RIVER ESTATES LOTS .13 THRU 20,. PLAT DOOM: 10, PAGE 1. DA NANA ILARDOR CORPORATION. ADJOUi4y BOARD OF ADJUSTMENT ,JANUARY 28, 197.1 'fill: BOARD 01: AD-JUSTMENT, CITY 01; CAPE CANAVERAL, ;10'1' ON .IANIIARY 28,. 1974 A'I'.THE CITY ILU.L, 105 1101.1. AVENUE, CAPE CANAVERAL, FLORIDA AT 7:45 P.M. TIIE MEETING WAS CALLED 1'0 ORDER BY CIIAIRMAN LEO NICHOLAS. It01.1, WAS CALLED BY THE Dla'l1TY CITY CLERK,ELSIE FRAZIER. PRESENT: MR. NICHOLAS, MR. GILIEI:E, Dllt. LITTLER, MRS. CANNON, MR. %IA'rsCIINr:R. ALSO PRESENT AT 'f'ill's MEETING WERE ROBERT Ti. LYNDS, PRPSIDENT OIs BANANA HARBOR. CORPORATION, Ii. It. TOBIAS,.VICE PRESIDENT,. HIDDEN HARBOR, .JOHN ALLEN, PRESIDENT, ALLEN I!NGINEI:RING, INC. MIurON I;ISCIIoFl-, ,1R., FROM ST. I.OUIS, THE MINUTES, OP THE JANUARY 7, 1974 MEETING miRE READ. 'CORRECTIONS TO THE ,MINLITH WERE IIEQUESTED. PAGE 2A TRAFFIC LIGHT (PILL BI: PUT IN By Till' CORPORATION WAS CHANGED I'0 READ A LUMINOUS LIGHT RILL BE PUT IN BY 'T'lIE CORPOR:ITION.. MR. AIATSCIINER'S NAME RAS ADDED TO TIIE-0FFICERS PRESENT AT THAT MI:STING. ,IR. GRAEFE MADI: MO'T'ION TO ACCEPT Till: MINUTES AT AMENDED. MR. LI'r'1'I.L:R SECONDED TIIE MO'T'ION. VOTE UAS UNANIMOUS., MR. NICHOLAS REAM Till: PLANNING AND ZONING BOARD MINUTES, ,ND QUESTIOt;ED .FIR. ALLIIN ON RIIFT1111R OR NOT THE BOARD 017 AD,IUSTMENT RECEIVED ALI, TIIE Mill'BI,TS NECESSARY I:Olt FINAL HEARING. MR. ALLEN REPLIED ALL ERIIIBITS 1eERE'PRESENTED To HEM. QUESTIONS AROSE' FRO; -1 TIIE FLOOR CONCEit\TNG 7'Dr. ROAD RIGHT- OF-WAY ' IUM '1'111: PRAE'T'ORIUS PROPERTY AND IN CONNECTION WITH THE SERER LI"iE. 'rimsi: QtjEs'rIGNS WILL, BE DISCUSSED AND SOLVED 'BY.000NCIL AC'T'ION, Ili: TIIE ADDITIONAL. RIGHT -OF -RAY, L'IDT1I,,CONNECTION AT NORTH AND SOUTH AND PAVING. COUNCIL. ACTION WILL IH: GOVERNED BY THE MAPPED STREETS AUT. DISCUSSION WAS III:LD ON Till: INSTRUMENT NEEDED TO FULFILL THE EXIITISI'T'S NECESSARY FOR THE BOARD TO 'TAKE ACTION. TIM BOARD NEEDS '1111: INST'RUMEN'T THAT SIIOIPS Tilr:. RIGIH-01'-WAY FOR TIlli ROAD. IT SEEMS TDAT T'IlF PLAT CAN NOT BF RECORDED UNTIL THE IWARD APPROVES, „ND Tim BOARD CAN NOT APPROVE UNTIL Till: IN'S'TRUMENT IS RECORDED. THE COUNTY AND CITY ATTORNEYS HAVE TO AGREE TO 'cilli FIXED RIGHT-OF-WAY AND TIIEN '1111: PLAT Plfl,l, BE RECORDED SHOh'ING THE 60 FT. RIGHT-OF-WAY. QUESTION ALSO AROSE CONCERNING THE IIIIILDING PEIVII'r5 THAT UAD ALREADY BEEN ISSUED AND THE BUILDING N01P IN PROGRESS. MR. ALLEN SPOKE; THE CITY ATTORNEY. WAS CONTACTED AND THERE IS NO CONFLICT IN Till;: UNITS NOW TIEING BUILT AND THA'I' If: THE 111'1111 IS NOT GRANTED THEY ARE WELL WITHIN THEIR. LEGAL RIGHTS, AND II: THE RPUD IS GRANTED THE BUILDINGS WILL BE INCLUDED IN THE WHOLE. IT WAS PELT THAT THE CITI' ATTORNEY SUOULD Illi CALLED IN REGARDS. TO 'I'DE RIGHT-OF-WAY AND THE RECORDING OF THE PLAT. MR. LITTLER MADE NOTION TO CALL TIIE. ATTORNEY, DIR. MA'T'SCHNERSECONDED, VOTE WAS UNANIMOUS. TUE MELTING WAS RECESSED AND THEN RECONVENED AT 8:5; P.M. CITI" ATTORNEY, RICHARD SCOTT AND A'T'TORNEY ilIALCOLM KIRSCHENBAUM I:'Ii1tII PRESENT AND AGREED THAT THE DEEDS ARE IN ORDER AS TO OWNERSHIP AND THAT THERE, IS NO PROBLEM IN THE RIGHT-OF-WAY, ONLY SUBJECT TO PLACEMENT. IT WAS THE. OPINION. OF MR. SCOTT 'THAT THE PLAT AS PRE- SENTED WILL. BE AND 1S THE INSTRUMENT IN QUESTION AND TUAT IT" WOULD FULFILL THE REQUIREMENT 01: THIS BOARD. MR..LYNDS, PRESIDENT OF BANANA HARBOR CORP., AGREED THAT THE PLAT WOULD BE RECORDED 'T UL Nur DAY. MR. CANNON QUESTIONED THE CHANGE OF NAME FROM BANANA HARBOR CORPORATION TO HIDDEN HARBOR. MR. SCOTT REVIEWED TUF APPLICATION AND AVERRED THAT THERE WAS NO PROBLEM. DISCUSSION IFAS IIELD ON 111E GARBAGE .AND TRASH. MORE CONTAINERS WOULD BE PLACED IF NECESSARY. DISCUSSION WAS HELD ON THE CO`dPLETION HATE:. MR. SCOTT POINTED OUT TO THE CHAIRMAN THAT THE APPLICANT SAID THAT IT WOULD BE. .APPROXIMATELY 180 DAPS FROM THE PROPOSED STARTING DATE FOR COMPLETION OF CONS'T'RUCTION AND THAT THAT WOULD MEET THE REQUIREMENTS01: Till: ORDINANCE., MR. NICHOLAS THEN REVIEWED TUE EXHIBITS AS REQUIRED I1Y TIIE ORDINANCE. AFTER SO DOING Illi ASKED MR. SCOTT IF IN ITIS OPINION ALL THE NECESSARY DOCUMENTS WERE PRESENT. MR. SCOTT SAID YES, EXCEPT 1011 THE DILLS 01: SALE WHICH WILL BE PRESENTED AS C0.',U:LETED AND THA'r LvERY'rUin WAS IN ORDER. MR. NICHOLAS THEN ASKED TUE BOARD IF THERE IMW O'TUHR MATTERS WHICH T'IIEI' IPISUIiD 1'0 DISCUSS. -rill. I:oLLoIvING ITEms PAGE 2 OF 3 PAGES o s :':GRE COVERED: _°ICER I GAR3AGE,'SIDEWALKS, CONSTRUCTION :GATERIALS, ELEVATIONS, 1,riRFOi0lM;cr BONDS. %III. NICHOLAS ,ASKED IF ci(Dli!;:1IJ�S l"CULD Dr PUT I.N. MI.LYNDS ANStiERlil! THAT It: REQUIRED 'iUEY MOULD BE. A LETTER :TENT Ill' MR- JOHN 'ALLEN TO TIM STATE .HAS ;:011 YET.l;HE.N ANSWERED. MR. NICHOLAS REQUESTED A COPi' OF THIS LETTER m: GIVEN To Tim CITY FOR THIS FILE, AND TIL r COPIES DE GIVEN To WARD pili?lii'.iR5. ilk. JOHN ALLEN,SAID,'IHAT HE 11DULD FURNISH THE CITY 1'.1111 A COPT'. . NICHOLAS REQUESTED TnE BOARD TAKE ACTION. ;IR. GRAEFG MOVED THAT THE APPLICATION BE ACCEPTED, AS PER CONTINGENCIES AS RECORDED ON TAPE IN REGARDS TO THE DILLS OF SALE AND THE RECORDING OF TIFF. PLAT. MR. LITTLER SECONDED THE MOTION., THE VOTE WAS UNANIMOUS AGREEMENT. THERE FOLLOWED DISCUSSION: MR. MATSCIINER ASKED THAT MORI DETAILED PLANS DE 1M..DE AVAILABLE 1:011 REVIEPlING APPLICATIONS. MR. ELVIN' ALLIIN, 1111ILDING OFFICIAL, STVI'FD THAT T110 COPIES. WERE GENERALLY ADEQUATE BUT THAT TI.'•IE HAD BEEN A FACTOR IN THIS CASE. MR. NICHOLAS ASKED ABOUT TUE 'FREES BEING CUT AND IT WAS. NOTED THAT TUE COUNTY IS SUPPOSED To iiAVG TRANSPLANTED SOME. AIR. NICHOLAS Rli- QUE•STHD THAT THE BEAUTIFICATION BOARD BE NOTIFIED IN, TIIE FUTURE AS THEY MiCirr HE ABLE 'r0 CARE FOR 'SOME OF THESE THErs. IT IIAS REQUESTED TIL\T THE CONDOMINIUM PAPERS BE COPIED GIVEN TO ALL B0ARD.MIEMBERS. ALSO EARLIER IN THE AIEETING IT i�.is IHiomisra THAT ALI, MEMBERS BE GIVEN COPIES OF RESOLUTIONS AFFECTING THE ORDINANCE BOOK., ARL mxi-scIRiER MOVED THAT THE MEETING BE ADJOURNED, MR. 'LITTLER SECONDFD, UNANIMOUS VOTE,. MEETING ADJOUPNED AT 9:45 11.1-1. APPROVED THIS / Z- DAY OF CZ.-�.,..� 1974. CHAIRMAN gPpGe ANA City of Cape Canaveral' ,..T�11U11► '�`�;a *s" ro�� . up F<.�..' n.: r ago. o:oxo uVAitu Or' 1.UJUSTI•S.�]NT J1.7UPM 7, 1374 7:30 P.i•i. /.GENLi,: C7,LL TO JRIJER BOLL C;,L', I-IINUTES JF JCTJBEii 15, 1573 41SETING ITF.1•i I: REQUEST 03-7A SFE=IAL EXCEPTION ,d,UL - B,+11,',W. RIVL ESTATES LOTS 13 THItU 20, FLAT BOOK 10, FJ.GE 1.. ' 6i,iid:i. ki7,RBJR GJRPJku,TIJN. AF.TJUati BOARD or• ADJUSTME:aT JANUARY 7, 1974 Till: WARD OF ADJUIr:tim, CITY 01' CAPI'. CANAVERAL, MITT ON JANIZARY 7, 1974 AT THE CITI' IL\LL, 105 POLI: ,AVE:. -.-,Ir, CAPE CANAVERAL' FLORIDA AT 7:35 P. tl I'lIE !.jL rING WAS CALLED TO ORDER BY CHAIR,':\S LEO NICHOLAS. ROLL WAS CALLED BY Till: DEPUTY CITY CLERK. PRESENT: MR. NICHOLAS, MR. GRAEFE, MR. LITTLER, MRS. CANNON, MR: MATSCIINER ASSISTANT CITY ATTORNEY RICHARD SCOTT., DEPUTY CITI' CLERK ELSIE FRAZIER TIIE MINUTES OF THE OCTOBER 15, 1973 MEETING PIERE REAM AND UNANIJIOUSLY APPROVED. ITEM 1: REQUEST $73-7 SPECIAL EXCEPTION RPUD-BANANA RIVER. IiSTAT'ES� LOTS 13, TURA ?.0, PLAT BOOK 10, PAGE 1. BANANA HARBOR CORPORATION. MR. NICHOLAS REVIEpIED THE FILE AND NOTED THAT EVERYTl1ING WAS IN ORDER. LETTERS FROM THE FOLLOWING PIERE READ: I.IEJIO - t•IR. ALLEN, BUILDING OFFICIAL TOM STRANG, CITY ENGINEER BREVARD COUNTY HEALTH DIIPARTML'NT CITY OF COCOA UTILITIES. DEPARTMENT. .MR. NICHOLAS THEN READ 'rill: MINUTES' OF THE' PLANNING $ ZONING DEPARTMENT, CITY OF CAPH CANAVERAL. T'Ilti PRESENTATION WAS GIVEN B1' %IR.. IALCOLM KIRSCIIENBAUM, ATTORNEY FOR BANANA HARBOR CORPORA'T'ION. MR, iiOBLWr LYNDS AND MR. BARRY TOBIAS WARE ALSO PRESENT. THERE FOLLOWED A DISCUSSION PERIOD DURING WIiICII TIME TIIE FOLLOWING TOPICS 10:1111. DISCUSSED: SIZE OF CWIPI.CX, S1DEltiALKS, ..FIRE HYDRANTS, WALL, SIGNS, RIVER FRONT', SETBACKS, PARKING, BOAT G TRAILER STORAGE, TREES, RIGHTS OF IVAY, TRAFFIC, TRASH r, DCVELOP,fENT SCHEDULE. ALSO, I•IATERIAL CONSTRUCTION AND FLOOD CONTROL. MR. KIRSCHENBAUM GAVE ALI. PERTINENT INFORMATION CONCERNING TIIE PLANS AND INFORMED THE BOARD THAT THE FINAL PIANS FOR APPROVAL WOULD BE PRESENTED WHEN REQUESTED. .FINANCING HAS BEEN ARRANGED AND Till: ARCHITECTS RIiNDERINGS WILL BE READY FOR THE NEXT MEETING. MR. :IATSCIINL•li ASKED IF THERE HAD BEEN ANY LETTERS FROM PROPER'1'1. ojV\, ERS. AS 01: THIS DATE,NONE HAD BIMN RECEIVED. FIR. NICHOLAS ASKED SEVERAL QUESTIONS ABOUT THE ENTRANCE ON AIA, AND MUCH DISCUSSION FOLLOWED. A LUMINOUS LIGI{T WILL BE PUT IN BY THE CORPORATION IF IT IS FOUND TO BE. NECESSARY. MR. NICHOLAS THEN REVIEWED THE OPTIONS WIIICH THE BOARD HAS. IN HANDLING THIS REQUEST. MR. SCOTT'BEMINDED TI{E BOARD THAT 'I'UEY .WERE TO REVIEi'', THE CIIECK LIST OF ITEMS FOR SPECIAL EXCEPTIONS. FOLLOWING THIS REVIEW, MR. NICHOLAS ASKED FOR ACTION TO. BE TAKEN. NATION WAS '.LkDE BY tdRS. CANNON THAT THE REQUEST IIE APPROVED HER MOTION WAS RESTATED TO READ, THAT THE REQUEST BE, APPROVED (PITH THE RECOXMENDATIONS AS PUT FORTH BY THE PLAN?TING AND ZONING BOARD. MR. NICHOLAS SECONDED THE MOTION., THERE WAS NO DISCUSSION. TUE VOTE WAS UNANIMOUS FOR 'APPROVAL. THE MEETING WAS ADJOURNED AT 9:10 P. M. APPROVED THIS ZSR DAY OF ��<a^�I 1974 I LU—NiLlIUL,kbWHI-1— — PG. 2 BOARD OF ADJUSTMENT MIN. JANUARY 7, 1974