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HomeMy WebLinkAboutBOA 1975 Minutes & Agendasn }5�pcc u w � City of Cape Canaveral 100 POLK AVENUE . CAPE CANAVERAL; FLORIDA 32920 TEL EPN ONE 30] 703.1100 ' -,,-s CIEICf n'1J' uxueannu WORKSHOP MEETING E07�I�i14 AT -., DECEMBER 1, 1975 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF NOVEMBER 3, 1975. r ITEM 1. REVIEW OF PUERTO DEL SOL FILE AND PRELIMINARY APPLICATION ADJOURN ®AFFICIAL RECORD DO NOT KMOVE CITY OI' CAPr CANAVERAL. ROAR) Or ADJUSTMeNT .. WORKsI1OP OP THE BOARD OF AOJU3TMENT OF THE CITY. OF CAPE CANAVERAL MET ON DECEMBER 1, 1975 AT CITY HALL, 105 POLK AVE., CAPE CANAVERAL, FLORIDA AT 7:30 P.M. BOARD OF ADJUSTMENT MEMBERS PRrSENT WERE: MR. MARINO CHAIRMAN MR.ANDERSON MR. Minis MR, T [URM MR. MCGUTAR MR. JANDREAU - ALTERNATE MEMBER MR. WOLF.VER - EX OI'FICIO MEMBER MR. SCOTT - ASSISTANT CITY ATTORNEY ALSO PRESrNT WERE: MR. RICHARD BIrR'i - I'IRST INTERSTATE DEVELOPMENT CORP. MR. R. STOTTLER - FIRST INTERSTATE DEVELOPMENT CORP. MP.: ROY COWELL - STOTTLER, STAGG 6 ASSOC. MR. J. STARLING - ATTORNEY FOR FIRST INTERSTATE ITEM 1. RrVI6W OF PUERTO DF.L SOL FILE AND PRELIMINARY .APP LI CATIOM FIRST INTLE§I'ATE MR. SCOTT EXPLAINED THAT SINCE THE COURT HAD DECREL'D THAT. THE RPUD 7,PPLICATION COULD NOT BE TURNED, DO%N, THE PURPOSE OF THIS WORKSHOP ML'ETING BY THE BOARD HAS TO REVIEW THE PUERTO. DEL SOL FILE AND PRELIMINARY APPLICATION TO FULLY ACQUAINT BOARD MEMBERS WITH THt: SECONDARY ISSUES. HE EXPLAINED THE ORIGINAL, APPLICATION MUST BE CONSIDERED FIRST; ANY CHANGES MUST BE NEGOTIATED WITH FIRST INTERSTATE. MR. JOHN STARLING, ATTORNEY FOR FIRST INTERSTATE, EXPLAINED THE PRELIMINARY APPLICATION AND THE SECONDARY ISSUES SUCH AS ACCESS ROADS, PATHWAYS FOR SCHOOL CHILDREN, PARKING SPACES AND RESIDENTIAL SITES., MR. ROY COWELL ,ALSO EXPLAINED THE PROJECT. MR. ANDERSON, QUESTIONED MR. STOTTLER ABOUT LOCATION OF BOAT STORAGE AND ENTRANCE WAY. MR. STAIZMIG EXPLAINED THAI' THE BOAT STORAGE. AND ACCESS ROAD HAD BEEN CHANGED. MR. STARLING TOLD THE BOARD THAT A 20 FOOT ® �F ff'!n!. r�r,ORD DO tg� 1 kLAKWE STRIP ON THE NORTH SIDE AND SOUTH SIDE Or HARBOR, HEIGHTS WILL BE TURNED .OVER TO 'ADJACFNT ONMERS. NR. BIFRY EXPLAINED IHF THREE ITEMS TO DECIDE ARE BICYCLE, PATHS TIIFU COMPLEX, ACCESS STREETS AND PARKING. HE TOLD THE BOARD THE BICYCLE PATHS WOULDBE. LOCATED ON THE EAST Arm WEST SIDE OF THE COMPLEX. AT PRESENT PLANNED PARKING SPACES SHOW ONE IN FRONT OF GARAGE AND ONE IN DRIVEWAY. NR. SCOTT READ THE ZONING REGULATIONS ON PARKING, WHICH REQUIRE TWO SPACES PER UNIT., MR. COWELL EXPLAINED THE INTENDED USE Or PARKING SPACES AND ALSO THAT 727 OP rHE PROJECT IS OPEN SPACE. EiR. STOTTLEH ADVISED THAT OVERFLOW PARKING WOULD BE PROVIDED AND THAT THE BUILDINGS WOULD PROBABLY Bit MASONARY CONSTRUCTION. HR. BIISRY STATED THAT THE PROJECT WOULD HAVE SEVEN UNITS PER ACRE. Mr. STOTTLIi.R EXPLAINED TIIE DEVELOPMENT WILL BE A TAX BENEFIT TO THE CITY. ,THE STREET MAINTENANCE ETC. WILI. BEL014G.TO THE PLAN. HE ALSO SAID THAT THEY WOULD PROVIDE A PAVED TIE-IN ACCESS STREET TO RIDGFWOOD AVENUE. MR. SCOTT ADVISED THE BOARD THAT HE WOULD SUPPLY A COMPLETE SET OF PLANS FOR THE BOAPD TO EXAMINE AND AT THIS T1141: SUGGESTED A.. FORMAL PRELIMINARY HEARING BE HEIR 017 JANUARY 12, 1976. THE BOARD WAS IN' AGRF.EF%NT.. MR. SCOTT EXPLAINED THAT IF THE PRELIMINARY PLAN IS APPROVED, THE FINAL APPLICATION WILL BE DUE IN ONE YEAR. ONE ADDITIONAL YEAR WILL BE ALLOWED TO COMPLETE THE PLAN. MR. SCOTT ADVISED THE BOARD TO FAMILIARIZE ITSELF WITH THE ZONING ORDINANCES CONCERNING BIKEPATIIS. STREET ACCESSES AND PARKING. MEETING ADJOURNED BY GENEPIL CONSENT AT 9:00 P.M. 'n APPROVED THIS�'LDAY OF ���- : 1975. L'AA � L( 1iFTh'i� WORKSHOP MEETING -BOARD OF ADJCSTMEI nvrrrancu 1 1075 PAGE. 7 OF 2 •sof" J city ®f -cape Canaveral lit' it �+�.` ;"; ws vo�K wvcnuc • cwnc c•nwvcnsc. rconioa aaoao �/ �� ^ .� � rcccanonc aos vea.noo �kl� fvf �M,; wt uunur HOARD OF ADJUSTMENT �lr} DECEMBER 7.9, 1975 7:30 P.M. AGENDA CALL TO ORDER. ROLL CALL MINUTES OF NOVEMBER 3, 1975 MEETING MINUTES OF DECEMBER 1, 7.975 WORKSHOP 14EETING .ITEM I. REQUEST 75-11 VARIANCE TO PER14IT THE FOLL0WING; CONSTRUCT C0MMERCIAL SWIMMING POOL IN SETBACK AREA ON HUCIUSIAN AVENUE, INSTALL 6' SHADOW BOX. FENCE ON BUCIIANAN AVENUE, RELIEF ON PARKING AREA, LOTS 15, 16, 17 AND 18, BLOCK 63, AVON—DY—THE HARTNOLONEWT" SIDE OF BUCRANAN AVE., DIMASI. DISCUSSION ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT DECEMBER 29, 1975 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET 017 DECEMBER 29, 1975 AT THE CITY HALL, 105POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:35 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIR{AN VINCENT MARINO.' THE ROLL WAS CALLED BY THE SECRETARY. MEMBERS PRESENT: MR. MARINO MR. ANDERSON MR. THURM MR. MEGUTAR MR. JANDREAU - ALTERNATE MEMBER MR. G. WOLEVER - E}: OFFICIO MEMBER BUILDING OFFICIAL MR. HURCK 'ASSITTANT CITYATTORIEY RICHARD SCOTT SECRETARY PATRICIA BEAULIEU THE MINUTES OF NOVEMBER 3, 1975 MEETING AND WORKSHOP MINUTES OF DECEMBER 1, 1975 WERE APPROVED AS READ. ITEM 1. REQUEST 75-11 VARIANCE TO PERMIT THE FOLLOWING: CONSTRUCT COMMERCIAL SWIMhIING POOL IN SETBACK AREA ON BUCHANAN AVENUE, INSTALL 6' SHADOW BOX' FENCE ONBUCHANAN AVENUE, RELIEF ON PARKING AREA, LOTS 15, 16, 17 AND 1R, BLOCK 63, AVON -BY -THE -SSA, NORTH SIDE OFBUCHANAN AVE., BARTHOLOMEW DIMASI CHAIRAN MARINO REVIEWED REQUEST 75-11 NOTING THAT THE PROPER STEPS HAD BEEN TAKEN. HE ALSO READ A'LETTER FROM I. RUSSELL WEINSTEIN STATING THAT HE DID NOT OBJECT TO THE REQUEST AND A LETTER FROM MR. AND AIRS. NYCE IN WHICH THEY EXPRESSED THEIR OBJECTION TO THE. VARIANCE. EX -OFFICIO MEMBER MR. WOLEVER REVIEWED THE PLANNING AND ZONING BOARD'S PHILOSOPHY ON. THIS REQUEST.' MR.. DIMASI ANDS RESCINDING OF PERMIT T1 NEXT DAY. MR. Df SI DISCUSSED THE P.EQUEST �TH THE BOARD. MR. THURt9 REQUESTED ORIGINAL COPY OF PIANS. THEY WERE NOT AVAILABLE AT THIS, MEETING. MEMBERS IN THE AUDIENCE WERE ASKED TO STATE THEIR FEELINGS ON THE REQUEST. N.R. J.L.MURPHY FELT THE BOARD SHOULD GRANT THE VARIANCE BECAUSE APPLICANT HAS A HARDSHIP DUE TO THE ACTIONS OF THE CITY. HE FELT THAT THE POOL ENHANCES THE PROPERTY. ROBERTA SNYDER FELT THAT BY SETTING THE POOL IN FRONT IT WOULD RE TOO CLOSE TO THE ROAD AND WOULD DETRACT FRO.", ADJACENT PROPERTY. VICTOR GRUMBLATT OBJECTED PRIMARILY BECAUSE POOL WOULD BE TOO CLOSE TO THE STREET. AFTER MUCH DISCUSSION Old THE REQUEST MR. ,SCOTT REVIEWED POSSIBLE LEGAL ASPECTS OF THE CASE; NAMELY, APPLICANT HAD BEEN LED TO BELIEVE BY THE BUILDING DEPART— MENT THAT THERE WAS NO PROBLEM WITH THE POOL, THE BOARD AT THE LAST HEARING (REQUEST @75-9 ON NOVEMBER 3, 1975) WAS LED TO BELIEVE THAT THERE WAS NO PROBLEM WITH THE POOL, APPLICANT WAS GIVEN PERMIT FOR A POOL AND THEN STOPPED THE NEXT MORNING. MR. SCOTT EXPLAINED THAT THESE WERE LEGAL PROBLEMS AND WANTED THE BOARD TO BE AWARE OF THESE FACTS BUT NOT TO USE THEM IN MAKING THEIR DECISION AS THE BOARD IS STRICTLY TO INTERPRET THE ZONING ORDINANCE AND VOTE ON WHETHER OR NOT THE FOUR ITEMS IN THE CHECK LIST FOR VARIANCES HAVE BEEN MET, HOWEVER, IF THE BOARD THOUGHT THAT THESE FACTS CONSTITUTED A HARDSHIP THEY SHOULD TAKE THEM INTO CONSIDERATION. MR. SCOTT SUGGESTED THAT THE BOARD VOTE ON EACH OF THE THREE REQUESTS AS SEPARATE ITEMS AND REVIEW EACH REQUEST WITH THE FOUR ITEMS IN THE CHECK LIST FOR VARIANCES. AFTER REVIEW OF THE CHECK LIST AGAINST EACH ITEM IN THE REQUEST A VOTE WAS TAKEN. MR. A14DERSON MADE A MOTION TO GRANT THE PERMIT ON THE SWIMMING POOL. MR. MARINO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. MARINO, MR. ANDERSON, OPPOSED, MR. THURM, MR. MEGUTAR AND MR. JANDREAU. MOTION FAILED. REQUEST FOR POOL DENIED. MR. ANDERSON MADE A MOTION TO DENY THE FENCE. MR. JANDREAU SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, BOARD OF ADJUSTMENT 12-29-75 PAGE 2 OF 4 — PLUS ATTACHMENT MR. MARINO, NR. THURtd, MR. ANDERSON, P.R. JANDITAU, OPPOSED, MR. MEGUTAR. MOTION TO DENY VAR1ANCE PASSED. VARIANCE DISAPPROVED. MR. MEGUTAR MOVED FOR APPROVAL OF RELIEF ON PARKING AREAS. MR. THURPI SECONDED MOTION. VOTE WAS UNANIMOUSLY. III FAVOR OF RELIEF ON PARKING AREAS. VARIANCE GRANTED. ATTORNEY SCOTT SUGGESTED THE BOARD MEMBERS BE POLLED FOR THEIR PHILOSOPHY TAKING EACH OF THE THREE ITEMS SEPARATELY. MR. THUPA POOL — MR. THURtd DIDN'T SEE ANY PROVOCATION FOR A VARIANCE. IN EFFECT WHAT WE WOULD BE DOING WOULD BE REWRITING THE ZONING ORDINANCE. ALTHOUGH THERE WERE SOME QUESTIONS RAISED ABOUT HARDSHIPS THEY WERE NOT NECESSARILY RESOLVED. HE DIDN'T THINK APPLICANT MET THE TEST OF HARDSHIP. FENCE — WITHOUT THE POOL FENCE WOULD NOT BE NECESSARY. PARKING — THREE EXTRA PARKING SPACES COULD BE RELOCATED IN COMPLIANCE WITH ZONING ORDINANCE WITHOUT DETRACTI14G FROM APPEARANCE OR TRAFFIC FLOW. MR. MEGUTAR POOL — MR. MEGUTAR DIDN'T FEEL THE APPLICANT DEMONSTRATED ANY OF THE CONDITIONS FOR GRANTING A VARIANCE FOR THE POOL AND SINCE NO POOL THE FENCE WOULD NOT BE NECESSARY. HOWEVER, ON THE PARKING AREA RE DID BELIEVE THAT BY ACTION OF THE BOARD AT THE NOVEMBER 3, 1975 14EETI14G IT WAS ONLY RIGHT THAT HE BE GIVEN THOSE PLACES BACK. MR. ANDERSON. POOL — MR. ANDERSON FELT THAT THE APPLICANT HAD BEEN LED DOWN THE PATH WHERE HE REALLY FELT THAT HE HAS A HARDSHIP AND MR. ANDERSON THOUGHT THAT HE BOUGHT IT IN GOOD FAITH THINKING THAT HE COULD BUILD A POOL. HE ALSO STATED THAT HE DID NOT THINK IT WOULD HURT T00 MUCH TO HAVE THE POOL THERE. FENCE — SINCE NO POOI. — NO NEED TO HAVE FENCE. PARKING AREA - MR. A1DERSON THOUGHT THAT IT SHOULD BE GIVEN TO HIM. BOARD OF ADJUSTMENT 12-29-75 PAGE 3 OF 4 - PLUS ATTAC1114ENT e MR. JANDREAU POOL - TO GRANT VARIANCE FOR POOL WOULD BE SETTING A .PRECEDENT. FENCE -,THIS WOULD ALSO BE SETTING A PRECEDENT. .PARKING AREA MR. JANDREAU DID NOT THINK THIS WOULD REALLY HURT. MR. MARINO 'POOL - MR.. MARINO FELT POOL WOULD IMPROVE THE. PROPERTY ,AND APPEARANCE AND HELP THE OWNER., FENCE - IN FAVOR HOPING. THAT MAYBE AT A'LATER DATE HE WOULD GET THE POOL. PARKING AREA - IN FAVOR BECAUSE OF THE NEED, ATTORNEY SCOTT SUMMARIZED THE PHILOSOPHY OF THE BOARD AND REQUESTED IT BE ATTACHED TO ,THE MINUTES. BY MOTION OF MR. MEGUTAR, SECONDED BY MR. ANDERSON AND GENERAL CONSENT OP THE BOARD, MEETING ADJOURNED AT 9:12 P.M. APPROVED THIS /2 77! DAY OF TOM. 1976. i i7 CfIAIRtN1N. VINCENT MARINO BOARD OF ADJUSTMENT 12-29-75 PAGE 4 OF 4 - PLUS ATTACHMENT ATTORNEY SCOTT'S SUMl-lARY OF THE. PHILOSOPHY OF BOARD OF ADJUSTMENT MEETING OF DECEMBER 29, 1975 REGARDING REQUEST &75-11. THREE SEPARATE VOTES WERE TAKEN. POOL - IT APPEARED TO BE THAT THE. APPLICATION FOR THE SETBACK WAS NOT A HARDSHIP AND THAT THERE WAS NO REASON TO CIRCUMVENT THE ZONING REGULATIONS AND THAT IT WOULD SET A PRECEDENT FOR OTHER. LOTS IN THE AREA AND THE FACT THAT THE HARDSHIP EXISTED WHEN THE ' APPLICANT PURCHASED THE PROPERTY THEY FELT HE SHOULD HAVE BEEN .AWARE OF THE ZONING ORDINANCES. FENCE - THE MAJORITY OF THE BOARD SEEMED. TO INDICATE THAT WITH DISAPPROVAL OF. THC POOL THERE WAS NO NEED FOR A FENCE AND SECONDLY THAT GRANTING A VARIANCE FOR THE FENCE WOULD SET A PRECEDENT ONCE AGAIN FOR OTHER APPLICANTS SIMILARLY SITUATED.' PARKING AREA - APPROVAL OF THE VARIANCE FOR THE PARKING.' THE BOARD SEEMED TO BE IN UNANIMOUS AGREEMENT THAT THERE WAS A HARDSHIP AND THAT ADEQUATE PARKING COULD BE PROVIDED ON THE GRASSY AREAS AS REQUESTED BY THE APPLICANT AND. THAT A HARDSHIP DID EXIST. BOARD OF ADJUSTMENT 12-29-75 ATTACHMENT TO MINUTES City of Cape Canaveral 10! POIK �V[XU[ • C)PL Clti ♦VL n�I. ILOPiO• ))B)O TCL[PXOXL )0! 7B 1U 00 BOARD OF ADJUSTMENT 3NOVEMBER 1975 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF OCTOBER 20, 1975 MEETING ITEM 1: REQUEST 75-9 VARIANCE FROM SET BACK REGULATIONS - LOTS 15,16,17,38 BLOCK 63 AVON BY THE SEA SUBDIVISION, SECTION 23, TOWNSHIP 24, RANGE 37, BREVARD COUNTY, FLORIDA. NORTH SIDE OF BUCHANAN AVENUE B.IRTHOLEOMEW DIMASI ITEM 2: REQUEST 75-10 VARIANCE. FROM SET BACK REGULATIONS - LOT 15, BLOCK 35, AVON BY THE SEA SUBDIVISION, SECTION 23, TOWNSHIP 24, RANGE 37, BREVARD COUNTY, FLORIDA. NORTH SIDE OF HARRISON AVENUE,ON THE OCEAN. TRONAS J. BEASLEY, JR. .DISCUSSION ADJOURN CITY OF CAPE CANAVERAL ' BOARD Of' ADJUSTMENT NOVEMBER 3, 1975 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON NOVEMBER 3, 1975 AT THE CITY HALL,' 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 8:00 P.M. THE MEETING WAS CALLED. TO ORDER BY CHAIRMAN VINCENT MARINO. THE ROLL WAS CALLED BY THE SECRETARY. PRESENT: MR. MARINO MR. MUHS MR. ANDERSON MR. THURM EX -OFFICIO MEMBER 6 BUILDING OFFICIAL E.H.ALLEN ASSISTANT CITY ATTORNEY RICHARD F. SCOTT SECRETARY PATRICIA BEAULIEU. THE MINUTES OF OCTOBER 20, 1975 WERE APPROVED AS READ ITEM 1. REQUEST 75-9 VARIANCE FROM SETBACK REGULATIONS LOTS 15, 16, 17, 18 BLOCK 63 AVON BY THE SEA SUBDIVISION, SECTION 23, TOWNSHIP 24, RANGE 37, BREVARD COUNTY, FLORIDA, NORTH SIDE OF BUCHANAN AVENUE - BARTHOLOMEW DIMASI CHAIRMAN MARINO REVIEWED REQUEST 75-9 NOTING THAT NOTICE OF BEARING APPEARED IN THE NEWSPAPER, LETTERS HAD BEEN SENT OUT TO PROPERTY OWNERS WITHIN 500 FEET. THE CHAIRMAN ALSO READ ATELEGRAM FROM I.R. WEINSTEIN EXPRESSING APPROVAL OF MR. DI14ASI-S REQUEST AND A LETTER FROM COL. E.R. MANIERE EXPRESSING ITIS OBJECTION TO MR. DIMASI'S REQUEST AND ASKING THAT MR. DIMASI BE REQUIRED TO PROVE BEYOND REASONABLE DOUBT' THAT A HARDSHIP EXISTS. MR. MARINO NOTED AT THIS TIME THAT THE ABOVE LETTERS WERE THE ONLY CORRESPONDENCE RECEIVED RELA- TIVE TO THIS REQUEST. ATTORNEY SCOTT NOTED FOR THE RECORDS THAT THE APPLICATION DID NOT SPECIFICALLY SPELL OUT WHAT THE VARIANCE NEEDED WAS AND HE REQUESTED MR. ALLEN EXPLAIN FOR THE RECORDS WHY A VARIANCE. IS NEEDED. MR. ALLEN EXPLAINED THAT THE VARIANCE IS NOT NEEDED FOR THE POOL 14ENTIONED IN THE REQUEST BUT IS NEEDED FOR THE LAUNDRY/UTILITY BUILDING. MR. ALLEN FURTHER EXPLAINED THE DRAWING NOTING THAT THE CITY'S ZONING ORDINANCE STATES A 25 FOOT SETBACK IS NEEDED ON A CORNER LOT AND THE APPLICANT WAS ASKING FOR A VARIANCE OF 12 FEET FROM BUCHANAN. MR. MARINO ASKED WHETHER OR NOT THERE WERE ANY MEMBERS IN THE AUDIENCE OBJECTING TO THIS REQUEST. MR. WADE HARRIS OBJECTED STATING THAT BECAUSE THIS STRUCTURE WAS ON THE CORNER OF 13UCl1ANAN AND RIDGEWOOD, BUCHANAN BEIMG CNE Ob' TILE PAIN FAST—WEST ARTERIES, 25 FOOT COR14ER SETBACKS SHOULD BE ADHERED TO. ROBERTA SNYDER EXPRESSED CONCERN THAT A FENCE ON THAT CORNER WOULD OBSTRUCT THE VIEW. LINDA CONWAY QUESTIONED WHETHER OR NOT THE LAUNDRY FACILITIES COULD BE PUT IN THE INDIVIDUAL APARTMENT'S INSTEAD OF HAVING SEPARATE FACILITIES ON PROPERTY. ANSWER WAS NEGATIVE. THE POSSIBILITY OF PLACING THE ,LAUNDRY/UTILITY ROOM SOMEWHERE ELSE ON THE PROPERTY IN ORDER TO CONFORM TO THE PRESENT ZONING ORDINANCE WAS RULED OUT AFTER REVIEWING THE PLANS AS IT WOULD HAVE TO REPLACE A PARKING PLACE WHICH WAS REQUIRED IN ORDER TO CONFORM TO THE ZONING ORDINANCE. IT WAS POINTED OUT THAT THE PLANNING 6ZONING BOARD APPROVED THIS REQUEST AT THEIR OCTOBER 8TH, MEETING. MR. MUHSMOVED THAT MR. DIMASI'S REQUEST FOR VARIANCE BE GRANTED. MR. MhRINO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. MARINO, AND MR. MUHS, OPPOSED, MR. ANDERSON AND MR. THURM. MOTION FAILED. VARIANCE REFUSED. MR. ANDERSON EXPLAINED TO THOSE PRESENT THAT HE FELT MR. DIMASI DID NOT HAVE A HARDSHIP ANDTHAT A HARDSHIP WAS ALL THE BOARD WAS ABLE TO GRANT A VARIANCE ON. MR. THURM EXPLAINED THAT UNDER THE PRESENT LAWS ON THE CITY HE COULD NOT VOTE IN FAVOR OF THE REQUEST BECAUSE OF THIS BEING A CORNER LOT AND THE ZONING ORDINANCE REQUIRING A 25 FOOT SETBACK ON A CORNER LOT. BOARD OF ADJUSTMENT 11-3-75 PAGE 2 OF 3 PAGES ITEM 2. REQUEST 75-10 VARIANCE FROM SETBACK REGULATIONS LOT 15, BLOCK 35, AVON BY THE SEA SUBDIVISION, SECTION 23, TOWNSHIP 24, RANGE 37, BREVARD COUNTY, FLORIDA. NORTH SIDE OF HARRISON AVENUE, ON THE OCEAN. THOMAS J. BEASLEY, JR. AFTER MR. tVRINO REVIEWED THE APPLICATION AND READ THE REQUEST, MR. SCOTT POINTED OUT THAT THIS REQUEST APPLICATION AND THE PREVIOUS REQUEST 75-9 WERE NOT COMPLETE IN THAT THEY DID NOT SPECIFICALLY STATE .WHAT THE VARIANCE IS, WHY THE APPLICANT WANTS THE VARIANCE, AND WHAT THE REQUIREMENTS OF THE ZONING ORDINANCE ARE. MR. SCOTT SUGGESTED A REVIEW BE MADE OF THESE REQUEST FORMS TO UPDATE THE APPLICATION FORMS SO THAT FUTURE. REQUESTS WOULD BE CLARIFIED WHEN PRESENTED TO THE BOARD. 11R. ALLEN WAS ASKED TO STATE JUST WHAT THE VARIANCE IN THIS CASE WAS. MR. ALLEN FURTHER EXPLAINED TO THE BOARD THAT THIS WAS A 50 FOOT LOT AND COULD NOT COMPLY WITH THE 25 FOOT SETBACK REQUIREMENTS WHICH THE ZONING ORDINANCE CALLS FOR, BUT THAT OWNER REQUESTS A VARIANCE OF B FOOT SETBACK ON NORTH SIDE OF PROPERTY AND 12 FOOT SETBACK ON SOUTH SIDE OF PROPERTY TO CONSTRUCT A SINGLE FAMILY RESIDENCE. MR. BEASLEY WAS IN THE AUDIENCE AND POINTED OUT THAT ALL HE WAS REQUESTING WAS WHAT PROPERTY OWNERS WITH THE SAME SIZE LOTS HAD ASKED FOR 1N THE PAST AND WERE GRANTED; NAMELY, MR. ANDRE I.AFRAMBOSIE. 19' WAS NOTED THAT THERE WAS NO CORRESPONDENCE IN THE FILE OPPOSING THIS VARIANCE.. MR. ANDERSON MADE A MOTION THAT THE VARIAIiCE BE GRANTED. MR. THURM SECONDED MOTION. BOARD VOTED UNANIMOUSLY IN FAVOR OF GRANTING VARIANCE. BY MOTION OF MR. ANDERSON, SECONDED BY MR. THURM, MEETING ADJOURNED AT 9;15 P.M. APPROVED THIS ,C7 -1Y DAY OF f1i� h -f/. , 1975. f - CHAT I, ZNCENT AINO BOARD OF ADJUSTMENT 11-3-75 PAGE 3 OF 3 PAGES O Y City of Cape Canaveral uncutru/ BOARD OF ADJUSTMENT 7 ! OCTOBER 20,1975 7:30 P.M. AGENDA CALL TO ORDER Ito" CALL MINUTES OF THE OCTOOPR 6, 1975 MF.EIING ITEM: APPEAL OF AIIAINISTRATIVE DL''CISIO,M AS STATED IN CITIZEN'S COMPLAINT FORM 05-16 MADE BY MR. FRANKLYN P. MACL.,Y #75-0 ADJOURN CITY OF CAPE CANAVERAL. BOARD 01' ADJUSTMENT OCTORER ;:0, 1975 THE BOARD OF ADJUSTMENT 0I''1 HU CITY OF CAPE CANAVERAL MET ON OCTOBER 20, 1975 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:31 P.M. THE MELTING WAS CALLED TO ORDER BY CHAIRMAN VINCENT MARINO. ' ROLL WAS CALLED BY THE SECRETARY,- PATRICIA BEAULIEU PRESENT: MR. VINCENT. MARINO, CHAIRMAN MR. RICHARD THURM MR. GEORGE MEGUTAR MR. DEWEY ANDEP.SON MR. CHARLES MUMS ASST. CITY ATTORNEY RICHARD F. SCOTT BUILDING OFFICIAL. E.H. ALLEN PRESENT, ALSO, WAS'MAYOR FRANKLYN P. MACLAY AND OTHER INTERESTED PERSONS. THE MINUTES OF THE OCTOBER f, 1775MFETTNG WERE READ. BY MOTION OF NR. ANDLRSON, SECONDED 171' M.R. MUHS AND UNANIMOUS AGP.EF.MF.GT OF' TILE BOARD, THE MINUTES WERE ACCEPTED AS READ. AT THIS TIME MR. 14ARINO I:EVIEWF.D THE CI7'1'LEN1S COMPLAINT FORM 075-16 INCLUDING THE BUILDING OFFICIAL'S DISPOSITION OF THE COMPLAINT, THE CITY MANAGER'S COMMENT ON THE COMPLAINT, AND A. LETTER ATTACHED 1O THE COMPLAINT FORM FROM MR. ALLEN DATED AUGUST 0, 1975., ALSO, REQUEST FORM 075-0 WAS REVIEWED WITH MR. MARINO NOTING THAI' PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET 01' THE REFERENCED PROPERTY. HAD NOT BEEN NOTIFIED OF THIS HEAPING. lit FURTHER NOTED, THAT IT WAS NOT CERTAIN THAT THE OWNER OF THE PROPERTY, MR. JIM MORGAN, HAD BEEN CONTACTED REGARDING THE HEARING. 17' WAS MR. SCO'.T'S OPINION THAT NOTIFI- CATION OF PROPEPTY OWNERS WAS NOT A REQUIREMENT IN THIS CASE. HE POINTED OUT THAT A LEGAL NOTICE APPEARED IN THE NEWSPAPER AND A NOTICE. WAS POSTED OIL THE PROPERTY. MR. SCOTT ALSO POINTED OUT THAT MR. MORGAN'S ABSENCE. FROM THF MEETING WOULD NOT AFFECT THE VALIDITY OF THE HOARD'S DECISION. FURTHER DISCUSSION F'OLLGWLD REGARDING'THE STORAGE OF THE BUILDING MATERIALS AND 771E .LACK 01' 7, BUILDING PERMIT FOR THE PROPERTY. 06" A MEMBER 01' THE AUDIENCE, till. ENWIN WRIGHT OWNI:P OF SE'A P11IES APARTMEFTS, SPOKE TO Tl1E EOAPD REGARDING TIII'. PROPERTY AND STATED THAI' THE 1'JITERIALS STORLU ON THE. PROPERTY HAVE BFEN 140VED IIJ AND OUT. MR. ANDERSON MADE MOTION TO POSTPONE THIS MEETING FOR ONE WFEK AND NOTIFY PROPERTY OY:NERS WITHIN 500 FEETAND THE OWt:ER 01' THE VkOPERTY MB. JIM MORGAN. MOTION FAILED FOR LACK OF A SECOND. AT 0:I5 P.M. MR. THURM MANE MOTION FOR A 10 -MINUTE RECESS IN ORDER '10 CONTACT 1111. MORGAN TO NOTIFY HIM OF THE MEETING. MR. MUHS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MEETING RECONVENED AT 0:25P.M. AN ATTEMPT TO CONTACT MR. .MORGAN HAD BECK UNSUCCESSFUL. MR. MEGUTAR MOVFD THAT THE' BOARD RESCIND THE ADMINISTRA- TIVE DECISION OF THE BUILDING OFPICIAl. ON THE GROUNDS THAT ALL THE EVIDENCE THE BOARD HAD PECEIVED IT IS i. STORAGE AREA AND THERE IS NO INDICATION THAT A BUILDING IS GOING TO BE BUILT IN THE IMMEDIATL PUIURE. MR. M,UHS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. BY MOTION OF MR. MANS, SECONDED BY FIR. ANDERSON, T11I1 MEETING AI!JCGRNED AT P:35 P.M. APPROVED TIfIS _DAY OF .. � �'_-,. 1975, VINCENT MARINO,' CRAIRF4.N BOARD OF ADJUSTML•'NT BOARD OF ADJUSTMENT MINUTES OF 10-20-75' PAGE 2 OF 2 PAGES yQ�cc ANo y City of Cape Canaveral P - ' ��••�,'�$ ��. J IOD POLK AV ENtIE •CAPE CANAV[ AL. PLOHIOA 3EY10 r 7ELEPMONE 305 753IIOO E070i - EMAYEPAL BOARD OF ADJUSTMENT SEPTEMBER 9, 1975 7:30 P.M. CONFERENCE ROOpI, AGENDA: ORGANIZATIONAL MEETING CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT' SEPTEMBER 9, 1975 THE BOARD OF ADJUSTMENT, CITY OF CAPE 'CANAVERAL, 'IET ON SEPTEMBER 9, 1975, AT THE CITY HALL, '105 POLK AVENUE,:FLORIDA, AT 7:70 P;M. ALL NEWLY APPOINTED MEMBERS WERE PRESENT: RICHARD THURM VINCENT MARINO DEWEY ANDERSON GEORGE MEGUTAR CHARLES MUHS AN ELECTION OF OFFICERS WAS HELD AS FOLLOWS: DEWEY ANDERSON MADE A MOTION THAT VINCE ,MARINO BE MADE CHAIRMAN AND GEORGE MEGUTAR SECONDED THE MOTION. BY UNANIMOUS .VOTE VINCE MARINO IS CHAIRMAN OF THE BOARD.. MOTION WAS MADE BY RICHARD TIIURM THAT GEORGE.. MEGUTAR BE MADE VICE- CHAIRMAN, SECONDED BY DEWEY ANDERSON; BY UNANIMOUS VOTE. GEORGE MP.GUTAR IS VICE-CHAIRMAN OFTHEBOARD, DISCUSSION FOLLOWED AS TO THE SERIOUS NEED OF ALTERNATES FOR TIIIS.. BOARD. LACE: OF A QUORUM COULD PLACE' A FINANCIAL BURDEN, ON ANYONE IN BUSINESS.. WAITINGFOR A DECISION BY TIIIS BOARD, THEREFORE, A REQUEST IS BEING. MADE. TO OUR CITY COUNCIL AND TO OUR. CITY ATTORNEY THAT TWO (2) ALTERNATE MEMBERS HE MADE AVAILABLE. TO TIIIS BOARD. - REQUEST IS ALSO MADE THAT A SECRETARY BE MADE AVAILABLE BEFORE THE NEXT PUBLIC MEETING WHICH WILL BE TO HEAR CASE #75-7, A SPECIAL EXCEPTION/ GERALD:_' C.,,MURRAY „ JR. PREFERRED MEETING NICHT BY MEMBERS OF THIS BOARD ARE THE FIRST AND THIRD MONDAYS OF THE MONTH. V1 APPROVED THE.LDAY OF Or -7- 1'975 CFIA IRpIAN ' }y4pGG �O Vit' y' ,.,City of Cape Canaveral OLK AVENUE • CAPE OANAV AL, EL�NIDA 32020 I Z 10 }ELEYNONE 30! 70 1100 i1r2Er BOARD OF ADJUSTMENT WE cwn u OCTOBER 6, 1975 7:30 P.M. T, AGENDA CALL TO 'ORDER ROLL CALL MINUTES OF APRIL 28, 1975 MINUTES OF SEPTEMBER 9, 1975. ITEM I: 075-7 SPECIAL EXCEPTION FOR A LIGHT MANUFACTURING AND RETAIL JEWELRY AT THE FOLLOWING LOCATION: 26 24 37 BANANA RIVER ESTATES PT or LOTS 22 6 23 AS ,DES IN ORB 541 PG 912 6111 NORTH ATLANTIC AVENUE DISCUSSION ADJOURN CITY OF CAPE CANAVERAL. BOARD OF. ADJUSTMENT 6-OCTOBCR'1975 THE MEETING OF, THE BOARD 017 ADJUSTMENTS WAS HELD AT CITY HALL, 105 POLK AVENUE, CAPE'CANAVCRAL, FLORIDA ON 6 OCTOBER - 1975, AT 7:40 P.M, THE FOLLOWING WERE PRESENT:, CITY ATTORNEY RICHARD SCOTT RX -OFFICIO ELVIN ALLEN, BOARD MEMBERS: RICHARD THORN <CHARLES MUDS GEORGE MCOUTAR VINCE.'MARIDO THE MINUTES WERE READ OF, TIIE 28 APRIL 1975 AND THE 9 SEPTEMBER 1975. THEY WERE APPROVED AS READ, 'SPECIAL EXCEPTTON 175-7 APPLICANT MR. C. MURRAY REQUESTING 'APPROVAL TO MANUFACTURE AND RETAIL ARWELRY AT .6111 NORTH ATLANTIC AVENUE, CAPE CANAVERAL. WAS OPEN FOR DISCUSSION. THE ONLY OBJECTIONS WERE RCCEIVEII BY MAIL. A LF.T1'F.R FROM EL C. AND TERRI READ; L. W. ALBERT AND M. E. ALBERT WITH NO SPECIFIC COMPLAINT. BUT JUST OBJECTING, AFTER THE ,MEETING WAR OPENED TO THE FLOOR FOR DISCUSSION, 4R, MCGUTAR MADE A MOTION THAT THE BOARD APPROVE THE I:XCEPTTON. THE MOTION WAS SECONUED BY LIR MUMS, AND A UNANIMOUS VOTE. WIII[ NO FURTHER BUSINESS A MOTION WAS MADE BY MR. THURM AND SECONDED BY MR. NCCUTAR TO ADJOURN THE MEETING. Till. MEETING WASADJOURNED AT 8:10 P.M. ;ql APPROVED 'TUU% DAY OF 1975. VINCENT MARINO,. CHAIRMAN BOARD' OF, ADJUSTMENT SQpCEE A S City of Cape Can YOLK Lv APE -All PSL ELOPiD� 5iP3o. IELEPPONE 305 783 .- WS Wu1lAAl _ BOARD OF ADJUSTMENT JUNE 2, 1975 7:70 P.M. AT CITY BALL AGENDA: CALL TO ORDER ROLL CALL MINUTES OF APRIL 28, 1975 MEETING 'ITEM: ACCEPTANCE OF RESIGNATION OF BOARD MEMBER, AND REVIEW OF APPLICANTS WITH RECOMMENDATION TO BE MADE TO COUNCIL. DISCUSSION PERIOD ADJOURN II T hAcl< o QLIoKLLn` CCt/UcELL6 D �uE ° City of Cape Canaveral i ID! VOLK •v ENU[ . w[ C�N�vC��E. iLOfl10]. ]]0]O NtJ1 ^"TELEPHONE 305 7031100 C T 0� ux cwv[m BOARD OF ADJUSTMENT APRIL 28, 1975 .r AGENDA CALL TO ORDER ROLL ,CALL. MINUTES OF MEETING OF, MARCH 31, 1975 ITEM: 075-3 THOMAS C.'AL000K SPECIAL EXCEPTION 26 24 37 BANANA, RIVER ESTATES PT OF LOTS 22 d 23 AS DES IN ORB 541 PG 912 ADJOURN BOARD OFADJUSTMENT CITY OF CAPE CANAVERAL APRIL 28, 1975 The Board of Adjustment, City of Cape Canaveral, met on April 28, 1975 at City Hall, 105 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7830 P.M. by Chairman Vincent Marino. Roll was called by the secretary. Presents Board of Adjustment Membersi _ Vincent Marino Collette Cannon Dewey Anderson Ralph Littler Ex -Officio Member Ray Eichorst Building Official - E. Balough Secretary - E. Allen - Eva Lagos Minutes of the March 31, 1975 meeting were read. Minutes were approved, as submitted by a unanimous vote of the Board. Mr. Marino reviewed the agenda and introduced item N75-3, Thomas C. Alcock request for Special Exception for retail distribution of Processed smoked fillets of fish, to be located at 6111 N. Atlantic Ave. He then reviewed the file noting that the proper steps had been taken. Mr. Marino then stated this request for Special Exception had been approved by the Planning & Zoning Board on April 9, 1975, Mr. Marino then asked to hear from the proponents. Mr. Thomas Alcock the applicant, stated that his business is to be retail sale of smoked fish. The fish will be smoked on premises and there will be no offensive odors. All cleaning of fish will be off -premises. Mr. E. J. 'Weaver, property owner of the store, stated that it is covered in the lease that should there be any offensive odors or cleaning Of fish on the premises, the lease will be terminated. Mr. Marino then called for any objectors. Mr. & Mrs. Read, property owners within 500 ft., stated their objection. Mr. Marino then read a letter of objection from Mary E. Albert. Discussion was then held by the Board and interested parties. Motion was made by Mrs. Cannon that it Is recommended by the Boardof, Adjustment that a Special Exception, be granted to Thomas G. Alcock for retail distribution of processed smoked fillet of fish. Packaging and smoking of fish will be allowed on premises. No cleaning of, fish or offensive odors will be allowed on premises, Seconded by Mr. Littler. Polled vote was taken with the following resultes .Marino -fors Littler -fors Cannon -fors Anderson -fors Eichorst-Tor.. Vote was 5-0 in,favor 'of,approval. Asthere was no further business a motion was made by Mr. Marino and seconded 'by,Mrs. Cannon to adjourn the meeting at Bi45 P.M. APPROVED THIS lo-0,77"DAY OF--rc�:.[— 1975 VnceniiMarno, Cha man Board of Adjustment -2- �SQPCG�gA,O- J @_ ,ter City of Cape Canaveral POLe.vv.ue E e.eevLPAL FL ! onion ]:oxo tCL P O []OS itl],IDD My or ' UR V.MAY[AAL : BOARD OF ADJUSTMENT FEBRUARY 7, 1975 AG EN' D A MINUTES OF MEETING OF MEETING OF AUGUST 26,1974 ELECTION OF CHAIRMAN &.VICE CHAIRMAN' DISCUSSION' 0 ®. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT FEBRUARY 3, 1975 T ON RU RY 3,1975 ATE THEA CITYF HALL,S1.05N POLKI AVENUEC,A CAPEPE R CANAVERAL, E FLORIDA D AT A 7:30 P.H. THE MEETING WAS CALLED TO ORDER AND ROLL WAS CALLED BY .THE DEPUTY CITY CLERK. PRESENT: MR.. LITTLER, MRS, CANNON, 'Ill. MATSCIINER, MR. ANDERSON, MR. EICHORST. EX -OFFICIO MEMBER - MR. VAN WAGNER DEPUTY CLERK - :IRS. FRAZIER TO THE WAS MINUTES MR� THE H 1T AUGUST 26 N O1DY4MRSFTCAN2JONING RE Till. VOTE O WAS N UNANIMOUSV F. ITEM: ELECTION OF CHAIRMAN AND VICE CIIAIRMAN MR. LITTLER NOMINATED NR. MATSCUNER WHO DECLINED. MRS.. CANNON NOMINATED MR. MARINO, SECONDED BY MR. LITTLER. AS MR. MARINO WASNQT PRESENT MR. G IT WAS MAiSCHNER ATTEMPTED TO RE"': Ili+l RY PHONE, THIS MR.FAI!tARINO DECLINED DECIDED TO CALL THE VOTE WITH THE UNDERSTANDING THAT IF MR. NEW ELECTION WOULD DE HELD AT THE, NEXT MEETING. 'Ill. . MARINO WAS ELECTED AS CHAIRMAN BY UNANIMOUS VOTE.. MRS.CANNON NOMINATED MR. MATSCHNER FOR VICE-CIIAIRMAN, SECOND BY MR... ,LITTLER. THE VOTE WAS UNANIMOUS. CHAIRMAN - }IR. VINCENT MARINO VICE, CHAIRMAN - MIR. ROBERT MATSCIINER AFTER A BRIEF DISCUSSION PERIOD.A MOTION TO ADJOURN BY MR. MATSCIINER WAS SECONDED BY MR. LITTLER. .MEETING WAS ADJOURNED AT 8:25 P.H. APPROVED .THIS i / DAY OF 1975 CIIAIRMAN MR. MARINO ACCEPTED THE CHAIRMANSHIP By PHONE, .FEB. 5, 1975 City of Cape Canaveral 105 CLI "VENUi. CAPE la. L. FLORIDA 32920 "7631 J 1 wrOF we ruurcnu NARC11 31,, 1975 BOARD OF ADJUSTMENT — 7:30 P.:1. AGENDA ROLL CALL MINUTES OF MARCH 10, 1975 ITEM 111. '#75-2 SUN BANK OF COCOA REQUEST FOR VARIANCE LOT 15„ BLK 35 AVON By THE SEA ITEM D2. #74-1 OCEAN PLACE APPEAL OF BUILDING OFFICIAL'. OPINION IN MEMO DATED MAY 14,1975 POSTPONED FROM AUGUST 26, 1974.. DISCUSSION ADJOURN BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL MARCH 31, 1975 THE BOARD OF ADJUSTMENT, CITY OF CAPE CANAVERAL. MET ON MARCH 31, 1975 AT CITY HALL, 105 POLK AVENUE,. CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7130 F.M. BY CHAIRMAN VINCENT MARINO. ROLL WAS CALLED BY THE SECRETARY. PRESENT, MR. VINCENT MARINO, MRS. COLLETTE CANNON, MR. DEWEY ANDERSON,MR. GEORGE MEGUTAR, MR. RAY EICHORST EX -OFFICIO MEMBER - MR. E. BALOUGH CITY ATTORNEY - MR. RICHARD SCOTT SECRETARY - EVA LAZOS ALSO PRESENT AT THE MEETING WERE BUILDING OFFICIAL - MR. E. ALLEN AND OTHER INTERESTED PERSONS. THE MINUTES OF THE MARCH 10, 1975 MEETING WERE READ. MINUTES WERE APPROVED, AS SUBMITTED BY A UNANIMOUS .VOTE OF THE BOARD. MR. MARINO REVIEWED THE AGENDA AND INTRODUCED ITEM #75-2, SUN BANK OF COCOA REQUEST FOR .VARIANCE, LOT 15, BLK 35, AVON BY THE SEA. HE THEN REVIEWED THE FILE NOTING THAT THE PROPER STEPS HAD BEEN TAKEN. MR. MARINO THEN STATED THAT THIS REQUEST HAD BEEN APPROVED BY THE PLANNING & ZONING BOARD WITH SEVEN PROVISIONS, WHICH WERE REVIEWED AND DISCUSSED BY THE BOARD.' MR. MARINO THEN ASK TO HEAR FROM THE PROPONENTS. MR. WALTER RHODES REPRESENTING SUN BANK OF COCOA, STATED THAT SUN BANK OF COCOA WAS IN AGREEMENT WITH THE PLANNING & ZONING BOARD SEVEN PROVISIONS. MR. MARINO THEN CALLED FOR ANY OBJECTORS. MISS CLARA ARMSTRONG PROPERTY OWNER OF LOT 14 AND MR. RUSSELL FISHER REPRESENTING LOTS 9, 10, 11. 12, 13 AND 18 STATED THEIR OBJECTIONS. • A LENGTHY DISCUSSION BETWEEN THE BOARD AND INTERESTED PARTIES FOLLOWED. A MOTION WAS THEN MADE BY MS. CANNON THATIT'IS RECOMMEDED BY THE BOARD OF ADJUSTMENT THAT LOT 15, BLOCK 35 AVON BY THE SEA, HARRISON AVE., CAPE CANAVERAL BE GRANTED A VARIANCE WITH THE FOLLOWING PROVISIONS, 1. THE FRONT SETBACK (ON HARRISON AVE,) SHALL BE 12' FROM THE FRONT LOT LINE. 2. THE REAR SETBACK, (NORTH PROPERTY LINE) SHALL BE 10-. 7. THE SIDE SETBACK (FROM THE EXISTING ALLEY RICHT-OF-WAY TO THE WEST)SHALL BE 15', PLUS RIGHT-OF-WAY DEDICATION IN ITEM 7. 4. THE SETBACK FROM THE OCEAN SHALL BE THE COASTAL CONSTRUCTION SETBACK LINE AS ESTABLISHED BY THE DEPARTMENT OF NATURAL RESOURCES. 5. VEHICULAR ACCESS SHALL BE FROM ALLEY WAY ON THE WEST. 6. A SITE PLAN, FULLY DIMENSIONED INDICATING THE STREET, ALLEY, LOT LINES AND SHOWING THE AREA WITHIN WHICH ANY BUILDING IS TO BE ERECTED SHALL BE PROVIDED TO THE BUILDING OFFICIAL PRIOR TO REVIEW BY THE BOARD OF ADJUSTMENT. A COPY OF THE SITE PLAN SHALL ALSO BE FURNISHED TO THE PLANNING & ZONING BOARD FOR FILING WITH THE APPLICATION. 7. THE LOT OWNER WILL DEED TO THE CITY OF CAPE CANAVERAL FIVE (5) FEET ALONG THE ENTIRE WEST SIDE OF LOT 15 (FOR POSSIBLE FUTURE WIDENING OF THE ALLEY). THIS DEDICATION SHALL BE EFFECTIVE ONLY AT SUCH TIME AS THE CITY ACTUALLY REQUIRES THE LAND FOR RICHT-OF-WAY WIDENING. 8. SINGLE FAMILYRESIDENCE USE ONLY. 9. SIDEWALK ON HARRISON AVE. SHALL BE OF ASPHALT CONSTRUCTED, WITH A MINIMUM OF FOUR (4) FEET TO THE END OF THE WESTERN MOST EDGE OF PROPERTY LINE, EASTWARD TO END OF EXISTING STREET PAYMENT. -2- MOTION WAS SECONDED BY MR. ANDERSON AND A POLLED VOTE WAS TAKEN WITH THE FOLLOWING RESULTSi MARINO-AORI CANNON-FORI.ANDERSON-FORT. 'MEGUTAR-FOR; EICHORST-FOR. VOTE WAS 5-0 IN FAVOR OF APPROVAL. MR. MARINO THEN INTRODUCED ITEM ON THE AGENDA. N74-1 OCEAN PLACEi APPEAL OF BUILDING OFFICIAL'S OPINION IN MEMO DATED MAY 14,'1974. POSTPONED FROM AUGUST 26,: 1974, CITY ATTORNEY R. SCOTT ADVISED THE BOARD ACCORDINGLY AS TO THE ACTIONS THAT HAVE BEEN TAKEN ON THIS CASE. MOTION WAS MADE BY MR.. MEGUTAR AND SECONDED BY MS. CANNON THAT N74-1 OCEAN PLACE APPEAL OF BUILDING OFFICIAL'S OPINION IN MEMO DATED MAY 14,'1974 BE DISMISSED. 'POLLED VOTE WAS. TAKEN WITH THE FOLLOWING RESULTSi MARINO-FORT CANNON-FORIANDERSON-FORS MEGUTAR-FORT EICHORST-FOR. VOTE WAS 5-0 IN FAVOR OF DISMISSAL. AS THERE WAS NO FURTHER BUSINESS A MOTION WAS MADE BY MS. CANNON AND SECONDED BY MR. EICHORST TO ADJOURN THE MEETING AT 9135 P.M. r. APPROVED THIS ��DAjY OF L%% 1975 VINCENT MARINO, A' A BOARD OF ADJUSTMENT'. -3- 0 ..I OT ES TAKEN FROM THE TAPE OF THE BOARD OF. ADJUSTMENT FLEETING MAR CII 31, 1975 ITEM: 074-1 OCEAN PLACE APPEAL OF BUILDING OFFICIAL'S OPINION IN MEMO DATED MAY 14, 1974; POSTPONED FROM THE AUGUST 26, 1974 MEETING PENDING THE DECISION OF THE CIRCUIT COURT IN REGARDS TO THE MAY ORFS RIGHT TO APPEAL WITHOUT THE APPROVAL OF THE CITY COUNCIL. ON THE ADVISE OF ATTORNEY SCOTT THE ITEM WAS PLACED ON THIS AGENDA. THE QUOTES ARE EXCERPTS FROM THE TAPE: ATTY 'SCOTT: ."AND THE COURT IN THAT HEARING GRANTED THE CITY'SMOTION TO DISMISS THE DECLARATORY RELEASE SOUGHT BY THE FLAVOR, AND THE COURT DID NOT SPECIFICALLY RULE IN IT'S'ORDER THAT. THE MAYOR, INDIVIDUALLY, DID NOT HAVE THE RICHT TO FILE AN APPEAL, BUT SUGGESTED THAT THE MAYOR SHOULD ASK THROUGH COUNCIL." "ON THE LAST MEETING OFTHE CITY COUNCIL BY MOTION, THE CITY CO UNCIL VOTED TO JOIN IN AND SUPPORT THE MAYOR'S APPEAL IN THIS CASE, THEREBY GIVING COGNIZANCE AND RECOGNITION BY THE CITY COUNCIL OF THE APPEAL SO THAT IF THERE WAS QUESTION OF JURISDICTION; THAT THE CITY COUNCIL N014 APPROVED AND AUTHORIZED THE APPEAL TO THE BOARD OF ,ADJUSTMENT." OCTOBER 2, 1974... THE BUILDING. OFFICIAL BY LETTER CANCELLEDTHE PERMIT FOR OCEAN PLACE. IT IB NOW THE CITY'S POSITION THAT THERE IS NO PERMIT FOR OCEAN PLACE, FIRST INTERSTATE FILED LAW SUIT.. NOW PENDING IN CIRCUIT COURT..."TO TEST WHETHER THE 'CITY HAS THE RIGHT TO REVOKE THE BUILDING PERMIT IN FACT... THEY ARF. SAYING IN ESSENCE,.(?).. INJUNCTION THAT THE CITY NO LONGER INTER- FERE WITH THEIR BUILDING PERMIT.. AND THEY ARE ASKING THE COURT TO REINSTATE THE BUILDING PERMIT." "TILE CITY FILED AN ANSWER TO THAT PETITION STATING THAT WE OF COURSE DENIED IT." "AND IT IS NOW THE CITY'S POSITION AND ALWAYSHAS BEEN... THAT THERE IS NO BUILDING PERMIT..AT THE PRESENT TIME.. SINCE OCTOBER 2, 1974, TII EREFORE IT IS FURTHEROUR RECOMMENDATION THAT WE MUST ASK THE BOARD NOT TO HEAR THIS MATTER.,. BECA U SF. IF WE ARE SAYING, ON TILE ONE HAND THAT THEY HAVE NO BUILDING PERMIT... WHAT IS THERE TO HEAR?... AND IF THE BOARD. TAKES TILE 1IATTEft AND HEARS IT... THEN WE ARE GIVING CREDENCE TO THE TII EORY THAT THERE IS A BUILDING PERMIT... BECAUSE WHAT 'ELSE CAN 'Y0U DO EXCEPT EITHER DENY OR OVERTURN THE 'BUILDING OFFICIAL'S DECISION.. OR UPHOLD THE MAYOR.. IN WHICH CASE YOU ARE SAYING.. YOU CAN GO AHEAD AND .BUILD, OR NOT BUILD, IN ACCORDANCE WITH THE DIAGRAM WE HAVE UP THERE.. AND WHAT THE BUILDING OFFICIAL DID WAS RIGHT OR WRONG... WHAT YOU ARF. SAYING THF.RN, I.9 YOUR ACTING ON A BUILDING PERMIT.. AND BEING AN OFFICIAL BODY OF TILE CITY.. THEY YOU WOULD BE GIVING SOME CREDENCE TO FACT;. TO THE PLAINTIFF THE FIRST INTERSTATE, THEORY, THAT THERE IS A BTILDING PERMIT... THEREFORE ONE OTHER PROBLEM COMES UP... WE'RE CONCERNED. WITH THIS LAWSUIT. IN THAT IF THE APPLICANT, FIRST INTERSTATE„ IS SUCCESSFUL IN THE LAW- SUIT. AND IF THE BUILDING PERMIT IS REINSTATED, AND THIS BOARD DISMISSES THE CASE TONIGHT.. THEN OF COURSE THE CITY'S RIGHT TO APPEAL THIS PROBLEM IS LOST. (AND -WS -DPN -'T) WE WOULD LIKE TO TRY TO PREVENT THIS.. AS THE CITY COUNCIL HAS EXPRESSED 'A DESIRE TO ENTER INTO THIS CASE. TIIF.RF.FORE I AM GOING TO MAKE A RECOMMENDATION (FHA;-ONF.-BF-THS-BOARD-M6MBRR6) THAT A(MOTION BE MADE THAT THE BOARD DISNISS._.THIS APPEAL TONIGHT_CONDITIONED;.UPON A_. DETERMINATION BY THE.. CIRC_U IT COURT OF TILE CASE PENDING BEFORE IT... IN THAT IF THE CASE IS SUCCESSFUL TO THE PLAINTIFFS,_ FIRST _INTERSTATE,_ -AND_- THE _.BUILDING PERMIT -IS REINSTATED THEN,AT._TIIAT._TIME.JURISDICTION -.WOULD ONCE. AGAIN VEST IN THIS BOARD... SO -TIIAT N WE DOT LOSE THE RIGHT TO APPEAL THE MATTER WIiI CII IB PRESENTLY BEFORET." I SO MOVED BY FIR. MEGUTAR. AND SECONDED BY MRS. CANNON. MR. '.!ACLAY...."IS THAT A DISMISSAL OR SHOULDN'TIT BE A POSTPONEMENT?" FIR. SCOTT REPEATED THAT AS THE CITY HAS TAKEN THE POSITION THAT THERE IS NO PERMIT. AND SO NOTHING TO HEAR THEN IT CAN NOT POSTPONE, BUT MUST DISMISS. THEQUESTION WAS CALLED AND THE VOTE WAS UNANIMOUS 5-0 IN FAVOR OF THE MOTION. IN CONCLUSION FIR. SCOTTSAID, "WE WILL KEEP THE BOARD ADVISED AS TO THE STATUS OF THE LAW SUIT AND IN THE EVENT IT BECOMES NECESSARY TO REINSTATE IT THEN WE WILL RESCHEDULE THE MATTER... WE WILL REQUEST THAT READVERTISING WILL BE DONE BY THE BOARD SO THERE IS NO QUESTION ABOUT NOTICES..." HOi,i2ti JF i.L:TU51'hiEti'C ' ' ai,RCH '_51;_1975' i EE1'T dG i;AS SCHEDULED FOR THE ItOARJ OF h 7TL 511 v'f: I" ON MARCH 5, 1075 id' CITY H -M., 105 1MV 1VAVE2.7f CAPE C.1NAV RAI , 'FUMIL)" h .l.!IEA: , { tEiE^:'1' riEitF:: VJ.IC t-.i,i2l h:U, -EY t 1•:;id:)i', 12ALPH L?'1"1'LE3, .. Pl'I I:UT:46 THE IIFe AIaG ivi- V{F13Cid 1qy'.: PJt li:!<C:! lU, 1975, a }yQ�cc qAo �s 9",50, w.s ' City of Cape Canaveral `• IW POLN lVEI.OE . CAGE CANAVER— FLORIDA 07990 j TEL EPHoNE 300 7831100 f/M GMAY[MAL BOARD OF ADJUSTMENT MARCH 5, 1975 'r 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF FEBRUARY 3,.. 1975 MEETING ITEM: REQUEST 075-1 SPECIAL EXCEPTION TO PERMIT SERVICE STATION - LOTS 1,2,3 BLOCK 73 AVON BY THE SEA. RALPH J.BROWNING ADJOURN . BOARD 0[ DJUSTM-NT CITY OF CAPE CANAVERAL. MARCH 10, 1975 THE BOARD 01: ADJUSTMENT,. CITY OF CAPE CANAVERAL, MET ON MARCH 10, 1975 AT Till: CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. TIIE MEETING WAS CALLED TO ORDER AT 7:30 P.1. BY CUAIRANN VINCENT MARINO.. ROLL WAS CALLED BY THE SECRETARY. PRESENT: MR. RALPH LITTLER, AIS. COLETTE CANNON, MR. VINCENT MARINO, hilt. DEWEY ANDERSON, MR. ROBERT MATSCIINER. EX -OFFICIO MEMBER -AIR. E. BALOUGH CITY ATTORNEY - RICHARD SCOTT SECRETARY - EVA LAZOS ALSO PRESENT: BUILDING OFFICIAL MR. E. ALLEN, RALPH J. BROWNING AND HIS ATTORNEY M. KIRSCIIENBAUM. TIIE MINUTES OF TIIE FEBRUARY 3, 1975 AND MARCH 5, 1975 MEETINGS WERE READ. MINUTES WERE APPROVED, AS SUBMITTED BY A UNANIMOUS VOTE OF THE BOARD. MR. MARINO REVIEWED THE AGENDA AND INTRODUCED ITEM 075-1 SPECIAL EXCEPTION TO PERMIT SERVICE, STATION.- LOTS 1, 2, 3, BLOCK 73 AVON BY THE SEA. RALPH J. BROWNING. MR. MARINO THEN NOTED THAT PROPER NOTIFICATION TO AFFECTED PROPERTY OWNERS AND ADVERTISEVENT IN THE NEWSPAPER HAD. BEEN MADE. SIR. MARINO ALSO STATED THAT THIS REQUEST HAD BEEN APPROVED BY THE PLANNING AND ZONING BOARD WITH THE FOLLOWING. STIPULATIONS: 1. THAT THE SETBACK DISTANCE OF. THE CANOPY, TO REAR (EAST) OF 20 FT. BE COMPLIED WITH. 2.. THAT ANY SIGNS IN THE FUTURE AND THAT ARE PRESENTLY EXISTING MEET THE PRESENT CITY OF CAPE CANAVERAL SIGN ORDINANCE. A LETTER OF APPROVAL WAS READ BY PIR. MARINO FROM CAPE SHORES DEVELOPMENT CORP., JACK C. MOLINE, PRESIDENT STATING THAT "HE WAS VERY PLEASED TO SE17 THE CLEANUP ACTIVITY ON AlA ON THIS PROPERTY AND WELCOMES THE ADDITION OF MR.`BROWNINGS' BUSINESS TO OUR COMMUNITY, AND AS AN AFFECTED PROPERTY OWNER, WOULD LIKE TO SHE PIR.'BROWNINGS' REQUEST APPROVED." MR. MARINO THEN CALLED FOR ANY OBJECTORS, NO OBJ17CTORS WERE PRESENT AND NO, LETTERS ,OF OBJECTION HAD BEEN RECEIVED. A DISCUSSION WAS. THEN IIELD BY. THE BOARD. MR., MATSCHNBR ASKED, MR. BROWNING IF Illi HAS COMPLIED WITH TIIE• SETBACK DISTANCE OF Till: CANOPY AND THE SIGN ORDINANCE. MR. 'BROWNING STATED THAT AS YET IIE 111S NOT DONE TIIIS, BUT If* GIVEN A SPECIAL EXCEPTION BY ,THE BOARD OF .ADJUSTMENT PROMISES AND FULLY INTENDS TO COMPLY WITH ALL REGULATIONS. SET BY THE BOARD. MOTION WAS MADE BY MS. CANNON THAT THE REQUEST BE APPROVED WITII TIIE RECOMMENDATIONS AS PUT FORTH BY Till: PLANNING, AND ZONING BOARD. SECONDED BY MR. LITTLER. AT THIS TINE MR. MATSCIINF:R CLARIFIED Till: MOTION BY READING Till: PLANNING AND'ZONING.BOARD'S RECOMMENDATIONS, THAT THE SETBACK DISTANCE OF THE CANOPY, TO REAR (EAST) OF ZO FT. BE COMPLIED WITH AND THAT ANY SIGNS IN THE FUTURE AND .TDAT'ARE PRESENTLY EXISTING MEET TIIE PRESENT CITY OF CAPE CANAVERAL SIGN ORDINANCE. AS THERE. WAS NO FURTHER DISCUSSION A'POLLED .VOTE WAS 'TAKEN WITII,THE FOLLOWING RESULTS: _MR. MATSCHNER-FOR; PIS. CANNON-FOR; MR. ANDERSON POR; AIR. LITTLER-FOR; MR. MARINO-FOR. VOTE WAS 5-0 IN FAVOR OF .APPROVAL. AS THERE WAS NO FURTHER BUSINESS A MOTION WAS MADE BY PIS. CANNON AND SECONDED BY PIR. LITTLER TO ADJOURN THE MEETING AT 8:05 P.M. i rte.. APPROVED THIS 31st DAY OF MARCII, --1975 VItF ^F CivnlzTT?i BOARD OF ADJUSTMENT $City of Cape Canaveral TELEP101L 305 7e3 crt r FEBRUARY 24, 1975 Fir MEMO; BOARD OF ADJUSTMENTMEMBERS ,. ENCLOSED PLEASE FIND .PAPERWORK FOR REQUEST 075-1 SPECIAL EXCEPTION. A COPY OF THE PLANS ARE ON FILE AT CITY HALL IF YOU WISH TO STUDY THEM. ::INUTESOF THE FEBRUARY 1, 1975 HAVE BEEN MAILED TO YOU PREVIOUSLY. ALSO ENCLOSED FOR YOUR BOARD RECORDS IS ACOPY OF ORDINANCE NO. 74-74.