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Home My WebLink AboutBOA 1976 Minutes & Agendass ; City of Cape Cancweral �, ioe ro.e .vuuc . c.rc c.u•vrn.�, r.oaos aouo rucrHone aoa v mo cirra`r BOARD OF ADJUSTMENT cv[uur[ OCTOBER 4, 1976 J: 7.30 P.M. 1 AGENDA ,. CALL TO ORDER ROLL CALL MINUTES OF ,FEBRUARY 9, 1976 MEETING, ITEM 1. ELECTION OF CHAIRMAN ITEM 2. REQUEST #76-2 SPECIAL EXCEPTION TO LOCATE ONE MOBILE NOME AT THE FOLLCi•IING LOCATION: 14 24 37 28 A.17 TUTENS SUDD. OF PT OF SW 1/4 OF NW 1/4 S NW 1/4 OF Si41/4 PART OF LOTS A; B.AS DES IN ORB 929 PG 694, 123 OAK LANE DISCUSSION ADJOURN s CITY or CAPE CANAVERAL BOARD OF ADJUSTMENT OCTOBER 4, 1976 'THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON OCTOBER 4, 1976 AT CITY HALL,. 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER. BY VICE CHAIRMAN. GEORGE MEGUTAR THE ROLL WAS CALLED BY SECRETARY PATRICIA BEAULIEU. BOARD MEMBERS PRESENT WERE: MR. MEGUTAR-VICE CHAIRMAN MR. MUHS MR. THURM MR. LAWS MR. JANDREAU-ALTERNATE MR. RICHARD SCOTT -CITY ATTORNEY MR. JACK HURCK-BUILDING OFFICIAL MRS. PATRICIA BEAULIEU-SECRETARY MRS. ALMA BEECHER-PETITIONER THE MINUTES OF FEBRUARY 9, 1976 WERE READ BY THE SECRETARY. CHAIRMAN MEGUTAR MOVED THAT MINUTES BE APPROVED AS READ. MR. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. ELECTION OF CHAIRMAN MR. THURM NOMINATED MR. MEGUTAR AS CHAIRMAN. MR. MUHS SECONDED MOTION. MR. THURM MOVED NOMINATIONS BE CLOSED. MR. MUHS SECONDED MOTION. MOTION CARRIED IN FAVOR OF MR. MEGUTARAS CHAIRMAN. MR. MEGUTAR REQUESTED BOARD ELECT A VICE CHAIRMAN AS THIS POSITION WAS NOW OPEN DUE TO HIS ELECTION AS CHAIRMAN. MR. JANDREAU NOMINATED MR. THURM AS VICE CHAIRMAN. MR. MUHS SECONDED. MR. LAWS MOVED NOMINATIONS BE CLOSED. MR. JANDREAU SECONDED. MOTION CARRIED. IN FAVOR OF MR. THURM AS VICE CHAIRMAN. _ ITEM 2. LOCATE ONE SLF.HOMEAT C ELPTN TO THEONEMOBFOLLOWING LOCATION: 14 24 37 28 A.17 TUTENS SUED. OF PT. Or SW 1/4 OFNW 1/4 F NW 1/4 OF SW 1/4 PART OF LOTS A, B AS DES IN ORB 929 PG 694, 123 OAK LANE CHAIR}U+N MEGUTAR NOTED THAT THIS HEARING REQUEST HAD BEEN PROPERLY PUBLICIZED AND HAD ALSO BEEN APPROVED BY THE PLANNING AND ZONING BOARD AT THEIR AUGUST 25, 1976 MEETING. MR, MEGUTAR REQUESTED THE BOARD'S SECRETARY READ ALOUD THE PLANNING 6 ZONING BOARD'S PHILOSOPHY AS STATED REQUEST FORM 476-2. SECRETARY READ PHILOSOPHY AS WRITTEN BY MRS. BOYD, CHAIRPERSON OF THE BOARD. MRS. BO'iD WAS UNABLE TO ATTEND E THIS MEETING DUE TO CONFLICTING MEETING SCHEDULES. MR. MEGUTAR THEN ASKED BUILDING OFFICIAL HURCK TO READ. HIS REPORT ON ITIS INTERPRETATION OF THE ZONING ORDINANCE REGARDING THIS REQUEST TO PLACE A MOBILE HOME IN A C-2 :.01= AREA. MR.HURCK'S REPORT STATED THIS REQUESTED USE WAS NOT ALLOWABLE UNDER THE ORDINANCE. MR. RFGUTAR ALSO READ ALOUD LETTERS FROM MR. APPLEGATE AND MR. JAMIESON, RESIDENT'S LIVING IN. CLOSE PROXIMITY TO THE PETITIONER'S LAND. CHAIRMAN MEGUTAR ASKED PETITIONER, AIRS. ALMA BEECHER, IF SHE HAD ANYTHING TO SAY AT THIS TIME. MRS. BEECHER STATED SHE HAD NO COMMENTS AT THIS TIME. ATTORNEY SCOTT, IN REVIEWING SPECIAL EXCEPTIONS UNDER C-2 IN THE ZONING ORDINANCE, POINTED OUT TO BOARD THAT UNDER SPECIAL EXCEPTIONS THEY WOULD HAVE TO FIND SOMETHING ALLOWING RESIDENTIAL USE. FSR. MEGUTAR QUESTIONED MR. SCOTT AS TO WHETHER OR NOT THE BOARD HAD THE AUTHORITY TO SAY THAT THIS PETITION IS OUT OF ORDER. MR. .SCOTT INFORMED THE BOARD. THAT TIE THOUGHT THE BOARD COULD SAY THEY DON'T HAVE JURISDICTION, HOWEVER, HE FURTHER STATED HE THOUGHT THAT SINCE THE REQUEST GOT THIS FAR AND IT APPEARED THAT PLANNING AND ZONING BOARD THOUGHT THEY DID HAVE JURISDICTION HE FELT THAI'. THE BOARD OF ADJUSTMENT SHOULD DISPOSE OF IT BY VOTE AS IT WOULD BE A MORE ORDERLY WAY TO PROCEED AND, IN THE EVENT MRS.. BEECHER WISHES TO GO FURTHER WITH AN APPEAL TO CIRCUIT COURT, THERE WOULD AT LEAST BE ACTION BY THIS BOARD. THE ATTORNEY ALSO SUGGESTED THAT .THE MEMBERS OF THE BOARD BE POLLED AS TO THEIR VOTING RATIONALE. BOARD OF ADJUSTMENT MINUTES OCTOBER 4, 1976, REQUEST #76-2 PAGE 2 OF 3 PAGES, PLUS ATTACHMENT AS STATED �urta. MR. MUHS MOVED BOARD DENY THE PETITION. MR. TRURM SECONDED MOTION. POLLED VOTE WAS A.5 FOLLOWS: MR.. JANDREAU - FOR MOTION -BECAUSE THE ORDINANCE DOES NOT PERMIT THIS USE. MR. MUHS. - FOR MOTION - BECAUSE IT IS BEYOND BOARD'S JURISDICTION. MR. THURM - FOR MOTION - AFTER REVIEWING ZONING ORDINANCE I FEEL THERE IS NO LEGAL BASIS FOR THE .ORIGINAL APPLICA- TION FOR SPECIAL EXCEPTION. MR. LAWS - FOR MOTION - BECAUSE 'ZONING ORDINANCE DOES NOT ALLOW THIS SPECIAL EXCEPTION. MR. MEGUTAR FOR MOTION - VOTED TO DISALLOW THE PETITION IN THAT UNDER SPECIAL EXCEPTIONS IN ZONING ORDINANCE THERE IS NO WAY THAT THIS BOARD CAN ACT ON THIS REQUEST. REQUEST 0.76-2 FAILED BY UNANIMOUS VOTE. MR. THUR14 MOVED FOR ADJOURNMENT AT 6:05 P.M. MR. LAWS SECO14DED MOTION. ATTACHED TO AND PUDE A PART OF THE RECORD OF THESE MINUTES IS FORM i4; "MEMORANDUM OF VOTING CONFLICT" IN. CONFORMANCE WITH FLORIDA STATUTES 112.3143, FOR BOARD MEMBER ROBERT LAWS. APPROVED THIS 17 DAY OF JANUARY , 19 77 . i BOARD FADJUSTMEN SP CTFULL UBMITTED PATRICIA BEAULIEU SECRETARY BOAR OF ADJUSTMENT MINUTES I OCTOBER 4, 1976, REQUEST 176-2 PAGE 3 O 3 PAGES AND ATTACHMENT AS STATED OF(CIAL RECORD DO NOT REMOVE �a City of Cape Canaveral 1 y 1�f v01.n •yLM�E. C�1'! C�II�-.LR�L, I I........... TE L E -o-... ),1]1100 E ti coror WLLWY[EQ DDARD pP ADJUSTMENT FEDP.UARY, 9, 1976 7:30 P.M. y, AGENDA CALL TO ORDER ROLL CALL MINUTES Or JANUARY 12, 7.976 MEETING ITEM 1. CONTINUATION OF REQUEST 76-1 FROM JANUARY 12 MEETING REGARDING CONSIDERATION OF RESIDENTIAL PLANNED UNIT DEVELOPMENT APPLICATION (PUERTO DEL SOL) FIRST INTERSTATE. ADJOURN !� DO NOT REMOVE ,; CITY OI' CAPE CANAVERAL BOARD OF ADJUSTMENT FEBRUARY. 9, 1974i THE BOARD OF ADJUSTMENT'S HRARIYG REGARDING REQUEST 476-1 PECONVENED OI! FEBRUARY 9, 1976 AT CITY HALT„ 105 POLK'AVENUE, CAPE. CANAVERAL,; FLORIDA. THE MEETING WAS CALL17D TO ORDER. BY CHAIRMAN VINCENT. MARINO A',. 7:33 P.M. THE ROLL WAS CALLED BY SECRETARY. PATRICIA BEAULIEU. BOARD MEMBERS. PRESENT: MR.: MARINO MR. MUES MR.. JANDREAU MR. THURM MR.GEORGE WOLF.VER-EX-OFFICIO MEMBER MR. RICHARD SCOTT -ASSIS'T'ANT CTTY ATTORNEY FIRST INTERSTATE REPRESENTATIVES MR. RICHARD BIERY-PRESIDENT MR. RICK STOTTLER-SECRETARY MR.COWFLL-PLANNER TIT. MINUTES Or JANUARY. 12, 1976' MEETING' WERE. READ BY THE BOARD'S SECRETARY. MINUTES. WERE . CORRECTED BY INSERTING "TO RIDGKWOOD AVENUE" ON THE. FIRST LINT: OF THE LAST PARAGRAPH OF PAGE 1. ALSO TWO DATE C014RECT'IONS WERE MADE. MINUTES APPROVED AS CORRECTED. ITEM 1. CONTINUATION OF RLQUEST. 476-1 FROM JANUARY IL MEETING REGARDING CONSIDEPITION OF RESIDENTIAL PLANNED UNIT DEVELOPMENT APPLICATION (PUERTO DEL SOL) FIRST INTERSTATE.. CHAIRMAN MARINO OPENED THE FLOOR FOR DISCUSSION. MR. COWELL, PLANNER WITH FIRST INTERSTATE, DISTRIBUTED TO: BOARD MEMBERS FIRST INT'L'RSTATE'S. SKETCHES SHOWING PARKING ALTERIATIVLS 1, 2 AND 3. FIRST INTERSTATL•'S, SUGGESTION WAS THAT ANY ONE OF THESE THREE ALTERNATIVES COULD BE USED IN ADDITION TO THE PARKING SITE. ALREADY IN THE GARAGE OF EACH UNIT. IN ANSWER TO BOARD MEMBER THURbl1S QUESTION AS TOWHETHER OR NOT THE SKETCHES (AS PRESENTED) WERE IN COMPLIANCE WITH THE ZONING, ' ORDINANCE, 'ATTORNEY SCOTT POINTED OUT THAT FIRST INTERSTATE WASNOT SEEKING. ANY WAIVER OR VARIANCE FROM EXISTING PARKING CONFIGURATIONS IN THE ZONING ORDINANCE. MR. SCOT SUGGESTED THE BOARD TAKF. THE 'SKETCH FOR PURPOSES. OF THE RECORD AND MARK IT "AS PRESENTED BY THE APPLICANT" AND MAKE A MOTION TO ACCEPT ALTERNATIVE PARKING PROGRAM AS PRESENTED BY THE APPLICANT AND AS ATTACIII':D TO THE MINUTES. 'MIT. THURM SO MOVED.. MOTION. OFFICIAL RECORD DO NOT REMOVE ,SECONDED BY MR: JANDRIiAU. MOTION CARRTED UNANIMOUSLY. PARKING SKETCH PRESENTED AT I'1IIS MEETING IS ATTACHED TO AND MADE A PART OF THF: RECORDS 01' 'PHIS MEETING. MEETING ADJOURNED BY GENERAL CONSENT AT 7:50 P.M. ALSO ATTACHED TO AND MADE.A PART OF THE 'RECORD OF THESE MINUTES IS. FORM 14, "MEMORANDUM OF VOTING CONFLICT" IN CONFORMANCE WITH FLORIDA STATUTES 112.3143, FOR FORMER BOARD OF ADJUSTMENT MEMBER ALFRED DEWEY ANDERSON AND BOARD OF ADJUSTMENT MEMRCR RICHARD It. 'IIIURM. _ , 1 APPROVED THIS iT DAY 01'_l�� .. -T •LI _„ 1976. Lew/T -clIAIRMIA BOARD OF A JUSTM J RESPECTFULLY SUBMITTED PATRICIA BEAULIEU. SECRETARY BOARD 01' ADJUSTMENT 14INUTES OF 2-9-76 REQUEST P76-1 PAGE 2 OF 2 AND 3 PAGES ATTACHMENTS OFMIAL RECORD DO NOT REMOVE X. v I '�yvACC AlyO + S y' 'City of Cape Canaveral '� P o, v u�nnonc ioe vuamoo AY uY ruUXunrx ' � BOARD OF ADJUSTMENT JANUARY 12, 1976 �..a1 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL. MINUTES OF, DECEMBER 29, 1975 MEETING ITEM 1. REQUEST 76-1 CONSIDERATION OF RESIDENTIAL PLANNED UNIT DEVELOPMENT APPLICATION (PUERTO DEL SOL) FIRST INTERSTATE ADJOURN :�- GOFFlCIAL RECORD DO NOT REMOVE CITY OFCAPE CANAVERAL HPARD OF ADJUS"CMEMT JANUARY 12, 1976 THl: D0i,rtD OF AOJVS'7'l-: NT OF THE CITY OF 'CAPE: CANAVER.Al, MET 0"1 ;AFIOARY ,2,.. 1976 AT THE CT'PY Ha.l., 105 I-OLK AVENUE, CAiF_ CANAVERAL„ F70RIUA AT 7:35 Pat, T1:6 MEETING 'JAS CALLED TO oADel1 Py CHAIRMAN VINCkXT MAHINCI. ROLL WAS Ci"JZ UY THF: A'TI'ING SE,:i(or: Hy, F:RS: E:LSIE FRAZIER. 1SEF4HER6 PRESENT, ALSU PRESENT 4F1RF: MR MARINO LA. .01,P:E:R - F,C-oyncIO MrvNAER MR. THUX-1 Ma. SC'!!'T - hSS1;i1'ANT CITY ATTORNEY M.H. TIA UI 1<d. ' HUHCK - !1UII.UING OFFICIAL F.R. F, eC:U2,:R M.H. MUHS .1EEHB6ENTltK; YittST INtTEH6T I!l'E ni:p2E MR. HICHAai' NIL'11Y, P1I k:5IUE7:T, AND RICK S'1'0I'PLNH, S,.CKISPArtY, TH5 MINUTES OF THE I&Ce.MPYR 29, ,1975 F11 "`ITHG WERE. APPROVED AS RRAD. l: Ft1: 76-1CONSIDE!(ATIOR OF -.t RSII)F:NTIAL PLANk!ET) UNIT ')6'y ELOPMFNT API LIC.I-7'ToN O UER'C•) DFL., SOL) FIRST. !NTERS1'ATF.. A LARGE IDIT t)F IA"`!) LyINC._;IR%CTLY SOUTH r )V)aHOa !4E;IT%H'"J p1'UUI'lISI!. ):!, Flrt. SC�'I'T, REAL) F';h!"1 THEG:I R: )'CL..ilU 7, 1�1P't, ,; 1'112,5 HOARD T!AT THB. } JaPOS:: uF 1 S •ll:F:! 1 ) lOc1 1.y .. :^r'p'UA.%5' J5S!'ES R '..i 1'TCC —'TER bISCU al __. L-74:% T: (I: FE T:.SUid 'I'::E F•OLLu4ItI1j' ACTIONS nEHF: 7'.-961 1Y I..:(. 'TA'Ji4: EIUViu 7'}'siil' I Lid!.s jHO),ING TWO ACCESSIBLE' 1AHKING JI-.CEi 1.0 'J}!7:, SI/.CX6 TO 9E PAVFi,, PLAT+:i TO HN' SUUFII77EL' WITHIN 7'Ftl RTY JAYS, A11) SUAJF.CT TO API ROVAL BY 7::E HOAHU, THIS ITEM TO BE CON- TIN'JEN TO f?E:FNUA.!Y 9, 1976. Md. MEGUTAH SECONDED THE MOTION. MO7'lUd I ASSEU UN:QiIMU1,S1.Y. "TO RIDGEWOOD AVENUE, mu. MUH$ hOVF.0 THAT THIO 90;,R1- GRANT ACC S-A:,S Itl"TCATEN 077 THF. PIANS, ;.CCOROING TO CITY SI E:CTt'ICFTIo:'S. MH, b1AitlNn SECONDED 'CHF. MOTInY. MOTION FASSEI, UtuNIFH)USI.Y. 'CORRECTED AT I'EBRUARY 9, 1976 MEETING HOARY OF ADJ!Jc;TMCNT 1-12_ 6 FACE 7 UF' 2' ®FICIAL grl;^np f.7). NOT kENIOVE MR. MEGUf AR i!OViip THAT TH:. PATHWAY. BF. LOCATED BI'Tw Ull THE COMMERCIAL AND VFCD SECTIONS, AS SIIOISN ON THE PLANS, WITH AN EIGIIT'-FOOT EASEMENT. MR. I:ARINO. SECONDED THE MOTION. 'MOTION PASSED URANIMOUSLY. FURTIIER HUSH+ESS: FIR. ST07TLF.R P.EQUESTED THAT IT HE RECORDED I:1 !'HE MINUTE'S THAT FIRST 1::TERS'f I,TE Illi GRANTED THE OPTION TO SHIFT Tiff 401 ACCESS ROAD NORTH OR SOUTH AT THEIR DTSCItE1'I0I1 TO PROVIDE FLEXIBILITY. MR. THURI.1 MOVED THAT OPTION RE GRANTED. TO SHI'rT THE LOCATION, NOT TO EXCEED 1,17 DISTANCE OF 200 FEET EITHER WAY, AS PER SITE AS SHOWN. ACCESS EASEMENT TO BE GIVE!; TO SINGLE FAMILY DWELLTNG LOCATED AT 8720 SEASHELL LANE. MR. ANDERSON SECONDLD THE NOTION. MOTION PASSED UNANIMOUSLY. MR. I-IEGUTAR MOVED."IIAT TIIF MEET"ING. BE CONTINUED TO rEBI4UABy 9. 1976,. APPROVED THIS _DAY OP FEBRUARY' _. 1976. CHAT VVIN VINCENT I•V,RINO _ HOiiliD Of' ADJUSTMENT ELSIE FRAVER ACTING SECRETARY LOARD Ol' ADJUSTMENT PAGE 2 Or 2 JANUARY 12, 1976