Loading...
HomeMy WebLinkAboutBOA 1977 Minutes & Agendast! ti rXyr : a City of Cape Ccs Emcral Kr,i ottat � Nnnan of mrrorr>n;N'r wtaupw DECINng.R.19, 1977, 7:30'P.M. t � AGENDA 7� CAI,r. CTLt Cl2!)IiR ROLL 1LL MINUTES OI' NOVEMBER 2F !dEP�I'1NG 1':'FM i ItL'o0i:! ':�1, - -4 PI:: :!AIt?r�Ni'f' DP SR'PUAOK "ECOLA•1.1OAF '1'U LOCL"tI; A Mot3LLE RO14r h Iti11)74r!: LIN IA9' '')U, !;EC'I'ION 23, 'rotp;!;RIP 24, '. RA:;GIi 37, COMMONLY CALI.RU 119 ltlSTAMF.!iL ROAD,. M.R.HOWi,RD C. ;400!6: 11'!:11..:.. HC{?UCSF NO. 77-10 US?; PIJUI.IC III:ARLNG FOR PURPOSE OF HEARING AD71INLS'!'RA'i'IVE APPEAL PIR. I': 1' POW!'A UISCUSSION AUJOU W: CITY OF CAPE CANAVERAL .BOARD OF ADJUSTMENT DECEMBER 19, 1977 THE BOARD OF ADJUST:IENT OF THE CI'T'Y OF CAPE CANAVERAL MET ON DECEMBER 1.9, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE IlErTINC WAS CALLED TO. ORDER AT 7:31 P.M. BY CHAIRMAN GEORGE MEGUTAR. THE ROLL WAS CALLED BY.. THE SECRETARY. BOARD MEMBERS PRESENT WERE: ' GEORGE MEGUTAR - CHAIRMAN RICHARD THURH - VICE CHAIRMAN CHARLES MUDS MICHAEL BRADY ROBERT LAWS JAMES S. THERIAC - ATTORNEY HARRY KELLER - BUILDING OFFICIAL PATRICIA BEAULIEU - BOARD SECRETARY ALSO PRESENT WERE: MR. AND MRS. 11019ARD MOORE PETITIONERS -REQUEST 77-9 ROBERT PORTA PETITIONER -REQUEST 77-10 MARILYN RIGERTIAN COUNCIL MEMBER MR. BRADY MOVED .THAT THE MINUTES OF NOVEMBER 28, 1977 BE APPROVED AS CORRECTED. MR'. MUDS SECONDED NOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. REQUEST NO. 77-9 RE: VARIANCE OF SETBACK REGULATIONS TO LOCATE A MOBILE IIOME RESIDENCE ON LOT 278, SECTION 23, TOtJNSI12P 2 RANr-.,E -3 COMMONLY CALLED JUSTAM ROAD - DTR. HOWARD MOORE CHAIRIdAN MEGUTAR NOTED THAT THIS HEARING HAD BEEN ADVERTISED AND PROPERTY OWNERS WITHIN 500 FEET OP SUBJECT PROPERTY HAD BEEN NOTIFIED OF THE HEARING. 1M-: ALSO NOTED TIIAT PL%NNI.NG S 'LONIN(, BOARD ApPTmVEp 711IS REQUEST. MR. MEGUTAR REQUESTED THAT MR. KELLER EXPLAIN THIS. REQUEST. FOR A VARIANCE TO THE BOARD. THE BUILDING OFFICIAL EXPLAINED THAT THIS WAS AN APPLICATION TO PUT A TRAILER HOUSE IN THE EXACT LOCATION OF'A PREVIOUS TRAILER HOUSE TIIAT, WAS OWNED BY A DIFFERENT PARTY ON A LOT OWNED BY FIR. MOORE. MR. MOORE ALSO OWNS THE TRAILER. THE NEED FOR A VARIANCE WAS TO ALLOW PROPER YARD IN ORDER TO ADD A PORCH OR CABANA ON THE FRONT. MR. KELLER HAD A QUESTION REGARDING 0 PARAGRAPII 637.78 OF ORDINANCE NO. 29-75 WHICH AMENDED THE 1.111-I. ZONE SUPPOSEDLY DEALING WITH NON-CONTORMITIEB. THE BUILDING OFFICIAL'S, INTERPRETATION OF THE PARAGRAPH PIAS THAT IT DEALS ONLY WITH THE LIMITED LIFE OF AN EXISTING MOBILE HOME UNIT AND THE. NEED TO, REPLACE. THOSE UNITS OR UPGRADE THEN. HE NOTED THAT IN TIIIS CASE IT IS A TRAILER DIFFERENT THAN THE ONE THAT WAS ON THE PROPERTY AND A DIFFERENT OWNER. IT WAS MR. KELLER'S DECISION THAT MR. MOORE 170ULD HAVE TO COME IN FOR A VARIANCE TO ALLOWP.LIGNi1ENT WITH THE TRAILERS ON JUSTAMF.RE ROAD AT THE PRESENT TIME. MR. KELLER FELT THAT PARAGRAPH 637.78 DID NOT ADEQUATELY ADDRESS THE , SUBJECT. AT MR. BRADY'S REQUEST, ATTORNEY THERIAC READ ALOUD PARAGRAPH 637.78 FOR THE RECORD. MR. VAN WAGNER, MRS'. SNYDER AND MR. ,ALLEN WERE IN THE AUDIENCE AND OFFERED COMMENTS ON THE CASE, HOWEVER, THERE WERE NO PARTIES OBJECTING TO THIS VARIANCE. COAPIENTS FROM THESE INTERESTED PARTIES CENTERED ON THE FACT THAT THEY WERE UNDER THE IMPRESSION THAT ORDINANCE NO. 29-75 WAS NEVER MEANT TO SET ASIDE JUSTAMERE ROAD AS A NON -CONFORMING USE. CONSIDERABLE' DISCUSSION FOLLOWED BETWEEN BOARD MEMBERS AND THE INTERESTED PERSONS IN THEAUDIENCE ON THE INTERPRETATION OF PARAGRAPH 637.78. MR. 'LAWS MOVED THAT A VARIANCE IS NOT REQUIRED FOR MR. MOORE'S REQUEST NO. 77-9 AND. THAT THE BOARD EXPRESS AN OPINION ON THE SUBJECT. MR. MUHS SECONDED MOTION. MR. BRADY REQUESTED THAT MP.: LAWS EXPLAIN WHY THE VARIANCE WAS NOT NECESSARY.. MR. LAWS EXPLAINED BY READING PARAGRAPH 637.78 OF ORDINANCE NO. 29-75 AND CITING THE PORTIONSOP THE PARAGRAPH .WHICH READ: "DUE TO THE LIMITED. LIFE OF. MOBILE HOME UNITS AND THE NEED TO REPLACE" BOARD MEMBER LAWS STATED THAT TIIIS DOES NOT SAY FOR WHAT REASON, AND CITING THAT "AREA AND DIMENSION REGULATIONS AND THE MINIMUM SETBACK REQUIREMENTS FOR A M11-1 DISTRICT IN EFFECT AT THE TIME, OF THE PASSAGE OF TIIIS ORDINANCE ARE NOT VIOLATED", MR. LAPIS STATED MINIMUM BOARD OF ADJUSTMENT MINUTES OF 12-19-77 PAGE 2 OF PAGES SETBACK. REGULATIONS IN EFFECT AT THE TIME, OF PASSAGE WERE: 15 FRONT, 5 SIDE AND REA ND THEREFORE A VARIANCE IS NOT REQUIRED. MOTION CARRIED UNANIMOUSLY., ITEM 2. REQUEST NO. 77-10 RE:PUBLIC HEARING FOR PURPOSE OF HEARING ADMINISTRATIVE APPEAL MR. ROBERT PORTA THIS REQUEST WAS. BEFORE THE BOARD AT THIS TIME DUE TO THE FACT THAT MR. PORTA WAS APPEALING A DECLARATION BY MR. KELLER THAT MR. PORTA'S BUILDING PERMIT 91777 HAD EXPIRED. CHAIRMAN FIEGUTAR REQUESTED. THAT MR. KELLER. PRESENT. HIS CASE. MR. KELLER REVIEWED ALL DOCUMENTATION' WIIICII HE HAD PRESENTED TO THE BOARD MEMBERS PRIOR TO THIS, IIEARING. SUBJECT DOCUMENTATION HAS BEEN ATTACHED TO THIS FILE AND MADE A PART OF THE RECORD OF ,THIS IIEARING. CHAIRMAN FIEGUTAR REQUESTED THAT MR. PORTA PRESENT ITIS CASE TO THE BOARD. AFTER IIEARING MR. PORTA'S CASE, SOME DISCUSSI6N FOLLOWED. MR. BRADY MOVED THAT THE BOARD UPHOLD MR. KELLER'S INTER— PRETATION REGARDING REQUEST NO. 77-10. MR. MUHS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. BUILDING OFFICIAL KELLER'S DECLARATION OF EXPIRATION OF, BUILDING PER4IT 91777' WAS UPHELD. DISCUSSION A .WORKSHOP MEETING OF THE BOARD WAS SET FOR THURSDAY, JANUARY 12, 1978. ITEMS TO BE COVERED ARE BOARD'S RULES OF PROCEDURE AND A RESOLUTION COMlMENDING THE BUILDING OFFICIAL. CHAIRMAN FIEGUTAR ADJOURNED THE MEETING AT 9:24 P.M. APPROVED THIS 6 DAY OF MARCH , 1978. GEORGE F aUTA CHAIRMAN P�BOARD 0' ADDUENT AlC ECRETARY RESPECTFULLY SUBMITTED BOARD OF ADJUSTMENT MINUTES OF 12-19-77 O�dL.a sr 3�. City Cape Canaveral of *r" BOARD OF ADJUSTMENT. NOVEMBER ?R, ,1977 r 7:10 P.M. 1 r� Acr.Nnn CALL TO ORDER RILL CALL. MINUTES O1' .JULY 26, 1977 ITEM, '1. REVIMI AND APPROVAL OF REPLAT OF FIRS'P INTERSTATE'S R.P.U.n., STAGC 1, OCEAN 'HOODS (PUEPTO Dta. SOL) ITEM z. ELECTION OF BOARD 01' ADMISTMENT CHAIRMAN AND VICE CHAIRMAN '-wouRN BOARD OF ADJUSTMENT WORKSHOP 6!CN'PING ITEM 1. RULE; 01' PROCEDU81i FOR BOARD (W 7,DJUSTMENT CITY OF CAPE CANAVERAL BOARD 01' ADJUSTMENT NOVEMHEI( 28, 1977 THE HOARD OF ADJUSTMENT 01' THE CITY OF CAPE CANAVERAL MET ON NOVEMBER 28, 1977 AT CITY HALL, 105 POLK 'AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P. M. BY CHAIR?AN'GEORGE MEGUTAR. :BOARD MEMBERS PRESENT: MR. MEGUTAR CHAIRMAN MR. THURM VTCB-CHAIRMAN, MR. MUIIS MR. LAWS' MEMBER ABSENT: MR. BRADY ATTORNEY: JAMES S, THERIAC. BUILDING OFFICIAL: 'HARRY KELLER EX-OFFICIO MEMBER JAMES HICKMAN COUNCIL MEMBERS: LAVERN-: BOYD MARILYN, RIGERMAH MR.: LAWS MOVED THAT 'TIIE BOARD DISPENSE WITH THE READING OF THEMINUTES OF. JULY 26,1977. MR.: THURM. SECONDED: MOTION.. MOTION CARRIED UNANIMOUSLY. MR.. THUPM MOVED THAT THE MINUTES BE APPROVED. MR.. MUIIS SECONDED MOTION.' MOTION CARRIED UNANI- MOUSLY. ITEM 1. .REVIEW AND APPROVAL, OF RCPLAT OF FIRST 1NT'ERSTAT'E'S' RPI1D, .'PAGE 1, OCEAN 140ODS (PUERTO DEL, SOL) MR. MEGUTAR NOTED THAT A UNANIMOUS VOTE WAS NEEDED. TO MAKE A DECISION AS ONLY FOUR OF THE FIVE BOARD. MEMBERS WEREPRESENT. MR. JOHN STARLING, A'1.1-ORNEY REPRESENTING THE CON-STRUCTION .FIRM, AND MR. RICK S1'0'17TLER, PRESIDENT OF FIRST INTERSTATE, WERE PRESENT' FOR THIS HEARING.. AT THE, REQUEST.OP CHAIRMAN MEGUTAR, BUILDING OFFICIAL KELLER SUMMARIZED THE CHANGES ON THE REPLAT MAP.. MR. THURM INQUIRED ABOUT PARKING FACILITIES FOR THE PROPOSED CONSTRUCTION. MR. STOT'TLER RESPONDED THAT TWO PARKING SPACES PER UNIT WILL RE AVAILABLE - SOME WITH GARAGES, SOME WITH CARPORTS.: MR. THURM QUESTIONED WHETHER OR NOT TREKS WILL BE DISTURBED. REPLY WAS THAI' AS'. M1,NY TREES AS POSSIBLE WILL BE SAVED. MR. LAWS INQUIRED AS TO WHETHER PARKING REQUIREMENT'S HAVE BEEN FULFILLED. 'ANSWER WAS AFFIMMATIVE. MR. 9'HURM OUESTIONED WHICH DIRECTION THE BUILDINGS ARE TO BE S111 i"I'h:D.' REPLY TO THE EAST. k MR. NIC110LA5 LNQUt RED ABOUT THE DENSITY. MR. KELLER REI`I.TFD THAT .',,Ilii DENSITY IS LESS THAN, 'ZONING AND 1U'IID MAXIMUM AND REMAINS 1S STATED IN THE STATEMENT OF J USTI r ICATION. ' MR. LAI-IS MOVED THAT THE BOARD ACCEPT THE REPLAT MAP IDENTIFIED AS, kEPLAT OI' ORWINAL PLAT RECORDED. IN PLAT, ' BOOT: 24, PACE 1.52. tAR. 'MUHS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.REPLAT MAP AS PRESENTED AT TIIIS MEETING FOR OCEAN WOODS, STAGE ONE PASSED UNANIMOUSLY. ITEM 2. ELECTION Or BOARD OF ADJUSTMENT CIIAIRMAN AND VICE CHAIRMAN T'IIURM NOMINATED 111;. MEGUTAR FOR CHAIRMAN.. 'NOMINATIONS CLOSED. MR.'MEGUTAR WAS UNANIMOUSLY ELECTED AS CHAIRMAN. MR. LAWS NOMINATED MR. THURM AS VICE-CHAIRMAN. NOMINATIONS CLOSED. MR. THURM WAS UNANIMOUSLY ELECTED AS VICE-CIIA1RMAN. THE DATE FOR THE NEXT BOARD Or ADJUSTMENT MEETING WAS SET FOR MONDAY, DECEMBER '19 POR THE PURPOSE OF HEARING MR. PORTA'S APPEAL Or BUILDING OF171CIAL'S RULING AND A VARIANCE ,REQUEST FROM MR. HOWARD MOORE. T'IIFNE BEING NO i'URTHrit IIUSTNESS, ,TILL•' MEETING WAS ADJOURNED AT 8,:30 P. M. APPROVED TIIIS 1n DAY OF DECEMBER ,.1977.' ' GL'oRCE L., I CB IRmAN noARo OF ADJUSTMEN PhTRICIA BEAILIBU RESPECTFULLY SUBMITTED NOTES TAKEN BY: LOUISE KELLER BOARD OF ADJUSTMENT WORKSHOP. MEETING, ITEM 1. RULES. OF PROCEDURE•. FOR BOARD OF ADJUSTMENT AFTER SHORT DISCUSSION, TILE BOARD DECIDED TO TABLE THIS WORKSHOP IN ORDER TO ALLOW CIIAIRMAN MEGUTAR TO OBTAIN ADDITIONAL GUIDDLINES FOR THE BOARD'S USE IN ADOPTING A, SET OF RULES AND PROCEDURES. BOARD OF ADJUSTMENT MINUTES OL' 11-28-77 PACE 2 Or 2 PAGES ttltA i' *TFICIA.I. RECORD DO NOT REMOVE City of Cape Canaver,-d 105 POLK A-- .CIPE CAIAILRAL FLONIOA 37920 TEL -101E 305 713-11OG MEETING OF BOARD OF ADJUST?.IENT JULY26, 1977 7:30 P.M. CITY HALL AGENDA CALL TO ORDER ROLL CALL 141NUTES OF MAY 2, 1977, MAY 5, 1977 AND JULY 1B,.1977 ITEM 1. RECONSIDERATION OF REQUEST 077-6 RE :VARIANCE Or SETBACK REGULATIONS TO CONSTRUCT SINGLE FAMILY RESIDENCE ON MADISON AVENUE, 23, 24, 37, CG, 24, AVON -BY -THE -SEA, LOT 3, BLOCK 24 ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JULY 26, 1977' THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON JULY 26, 1977 AT CITY HALL, 105 POLK ,AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:31 P.M. BY CHAIRMAN GEORGE MEGUTAR. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE: GEORGE MEGUTAR - CHAIRMAN' RICHARD THURM -VICE CHAIRMAN ROBERT LAWS CHARLES MUMS ELVIN ALLEN ALSO PRESENT: JAMES THERIAC - ATTORNEY HARRY KELLER -,BUILDING OFFICIAL RICHARD CALE - EX-OFFICIO MEMBER PATRICIA BEAULIEU - BOARD SECRETARY. MR. 6 MRS. WALTER MERTZ - PETITIONERS OF REQUEST NO. 77-6 THE SECRETARY READ THE MINUTES OF, MAY 2, MAY 5, AND JULY 18, 1977.' THE MINUTES WERE APPROVED AS READ. ITEM 1. RECONSIDERATION OF REQUEST $77-6 RE: VARIANCE OF SETBACK REGULATIONS TO CONSTRUCT SINGLE FAMILY RESIDENCE ON MADISON AVENUE, 23, 24, 37, CG, 24, AVON-BY-THE-SEA, LOT. 3, BLOCK 24 MR.. MEGUTAR. REQUESTED THAT THE BUILDING OFFICIAL EXPLAIN TO THE BOARD THE PROBLEM REGARDING REQUEST 77-6. MR. KELLER TOLD THE BOARD THAT THIS LOT WITH THE STREET FRONTAGE OF 50-FEET. DID NOT MEASURE 50-FEET FROM PROPERTY LINE TO PROPERTY LINE ON THE INTERIOR. ACTUAL MEASUREMENT ON THE INTERIOR WAS 47.53 FEET, CONSEQUENTLY, WHEN INSPECTING THE FOOTINGS MR. KELLER FOUND THAT THE PROPERTY WAS 1-FOOT. B-INCITES SHORT ON EACH SIDE OF MEETING THE 9-FOOT VARIANCE WHICH WAS GRANTED AT THE LAST BOARD OF. ADJUSTMENT MEETING ON THE SUBJECT PROPERTY. AFTER SOME DISCUSSION REGARDING. THE MANNER IH WHICH TO HANDLE THIS PROBLEM WHICH HAD SURFACED SINCE, THE ORIGINAL VARIANCE WAS GRANTED ON JULY 18, ALLOWING A 9-FOOT SIDE SETBACK, MR. LAWS MADE A MOTION :S THAT SIDE SETBACKS OP 7.75 FEET. BE ALLOWED ON REQUEST NO. 77-6 MR. THURM SECONDED MOTION. FOR PURPOSES OF CLARIFICATION CHAIR MAN MEGUTAR STATED THAT THIS. MOTION AMENDED THE BOARD'S DECISION OFJULY 18, 1977. CONCERNING THE VARIANCE REQUEST ONLOT 3, BLOCK 24, TO CONSTRUCT A SINGLE FAMILY RESIDENCE AHIICII GRANTED A SIDE SETBACK FROM 15 TO 9 FEET AND THAT THIS ACTION OF THE BOARD THIS EVENING GRANTED.SIDE SETBACKS FROM 15 TO 7.75 FEET. MOTION CARRIED UNANI- MOUSLY. BY MOTION OF MR. LAWS, SECONDED BY MR.. MUHS, -MEETING ADJOURNED AT ' .8:35 P.M. APPROVED THIS 28 DAY OF NOVEMBER , 1977.- , SCI AIRMAP GEORMEGUTAR ,. RESPECTFULLY SUBMITTED - SECRETARY BOARD OP ADJUSTMENT MINUTES OF 7-26-77 PAGE 2.OF 2 PAGES RS c' 00 . City of Cape. Canaveral as P011 --E. C,.. 3792, ,,,11—E 1.5 ,d,,,00 MEETING BOARD OF ADJUSTMENT. JULY 18, 1977 7:30 P.M. CITY HALL AGENDA CALL TO ORDER ROLL CALL MINUTES OF MAY AND MAY 5, 1977 ITEM 1. REQUEST $77-6 REQUEST FOR VARIANCE OF SETBACK REGULATIONS TO CONSTRUCT. SINGLE FAMILY. RESIDENCE ON MADISON AVENUE, 23, 24, 37, CG 24, AVON -BY - THE -SEA, LOT 3, BLOCK 24 ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JULY 18, 1977 THE BOARD OF ADJUSTMENT OF 771E CITY OF CAPE CANAVERAL MET ON JULY 18, 1977 AT CITY HALL, 105 FOLK AVENUE, CAPE. CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:35 P. M. BY CHAIR- MAN GEORGE MEGUTAR.. BOARD MEMBERS PRESENT WERE: GEORGE MEGUTAR -CHAIRMAN RICHARD THURM -VICE, CHAIRMAN ROBERT LAWS CHARLES MUHS ELVIN ALLEN. JAMES THERIAC -ATTORNEY HARRY KELLER -BUILDING OFFICIAL RICHARD CALE -EX-OFFICIO MEMBER PATRICIA BEAULIEU -BOARD SECRETARY MR. 6 MRS. WALTER MERTZ -PETITIONERS F. "QUEST 977-6 IN READING OF THE MINUTES 07 THE MAY 2 MEETING, THE BOARD SECRETARY EXPLAINED TO THE MEMBERS THAT MR. MICHAEL BRADY, ALTERNATE MEMBER OF CHE BOARD, HAD REQUESTED THE INSERTION IN THE MINUTES COMMENTS HE HAD MADE FOR THE RECORD. SINCE THE SECRETARY WAS UNABLE TO CLEAPLY HEAR A WORD 'ON. THE TAPE, MR.NEGUTAR MADE A CHAIR RULING THAT UNTIL "R. BRADY KNOWS WHAT THE WORD IS THE BOARD WILL WITHHOLD APPROVAL 0: '1HESE MINUTES UNTIL. THE NEXT MEETING. ITEM 1. REQUEST 977-6 FOR VARIANCE OF SETBACK REGULATIONS TO CONSTRUCT SINGLE FAMILY 'RESIDENCE ON MADISON AVENUE, 23, 24, 37, CG 24, AVON -BY -THE -SEA, LOT 3, BLOCK 24 CHAIRMAN MEGUTAR EXPLAINED NOTICE OF PUBLIC HEARING LETTERS WERE .SENT OUT TO THE PROPERTY 01-INERS WITHIN 500 FEET' ON JULY 7, NOTING ALSO THAT THE PLANNING AND 7.ONING BOARD HAD REC0MPIENDED APPROVAI. OF THIS VARIANCE AND READ THE BOARD'S PHILOSOPHY ON THIS CASE. ,14R. MEGUTAR ASKED BUILDING OFFICIAL KELLER. FOR HIS REPORT. bIR. KELLER STATED THAT THE APPLICATION HAD HIS APPROVAL. • PETITIONEROIERE ALSO PRESENT AND DEAED COMMENT AT TIIIS TIME. MR. MEGUTAR ASKED FOR OBJECTIONS FROM THE AUDIENCE. THERE BEING NO OBJECTIONS FROM THE AUDIENCH,TIIE CHAIRMAN READ A LETTER FROM MR. GEORGE MENKE OBJECTING TO THE GRANTING OF TIIIS VARIANCE, IT WAS NOTED THAT TIIIS WAS THE ONLY LETTER OBJECTING TO THE GRANTING OF THIS VARIANCE. A SHORT DISCUSSIONFOLLOWED REGARDING THE USE OF NEW APPLICA- TION FORMS WHICH THE BUILDING OFFICIAL HAD DRAFTED AND WHICH WERE USED ON A PORTION OF THIS APPLICATION. THE BOARD SUGGESTED THAT THE BUILDING OFFICIAL FURNISH THE ATTORNEY WITH A SET OF THESE NEW FORMS FOR HIS REVIEW BEFORE ANY CHANGE OVER TO THE NEW FORMS. ATTORNEY THERIAC SUGGESTED THAT THE BOARD USE THE OLD FORM AND ENUMERATE FOR THE PURPOSES OF THE RECORD THE LISTINGS IN 645.23. CHAIRMAN MEGUTAR COMMENCED R'NIEW UNDER CHECKLIST FOR VARIANCES 645.23. (1)THE BOARD FELT THIS WAS NOT APPLICABLE TO THIS CASE. (2) BRIEF. DISCUSSION FOLLOWED ON WHICH OF THE FOUR POINTS IN THIS CHECKLIST WOULD BE MOST APPLICABLE AND MR. THURI•I MOVED THAT REQUEST NO. 77-6 RE: VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE ON MADISON AVENUE, LOT 3, BLOCK 24 BE APPROVED GRANTING A. VARIANCE FROM 15 FEET TO 9 FEET ON EACH SIDE. MR. ALLEN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. VARIANCE GRANTED. DISCUSSION , CHAIRMAN MEGUTAR READ A.LETTER FROM BUILDING OFFICIAL KELLER TO MR. AND MRS. JOHNSON (PETITIONERS OF REQUESTS 77-4 AND 77-5) ADVISING THAT A FEE MUST BE PAID BEFORE CONSTRUCTION CAN COMMENCE ON LOT 15.. AT THIS TIME MR. KELLER BRIEFLY OUTLINED THE CORRESPONDENCE AND STATUS OF THE PAYMENT OF THE FEES FOR BOTH LOTS 14 AND 15. ATTORNEY THERIAC EXPLAINED'THE TION TO DISMISS RELATIVE TO LITIGATION ON REQUESTS 77-4 AND 77-AWAS FILED BY THE CITY'S ATTORNEY AND THE PENDING ORAL ARGUMENT WHICH IS SET FOR AUGUST 8, 1977. THERE BEING NO FURTHER BUSINESS, CHAIRMAN MEGUTAR ADJOURNED THE MEETING AT 7:58 P.M. APPROVED THIS 'je: DAY OF , 1977. pw; '-� CIIAIRI•IAN GE07� MEGUTAR RESPECTFULLY SUBMITTEDLL BOARD OF ADDU TFIEN'P JULY 18, 1977 PATRICIA BEAULIEU, SECRETARY PAGE 2 OF 2 0 AGENDA CALL TO ORDER ROLL CALL MINUTES OF FEBRUARY 28 MEETING. CONTINUED TO MARCH 3, 19'17 ITEM 1. BE VEST 977-3 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT TRI—PLEX AT 23, 24, 37, CG, 56, AVON— BY—THE—SEA, BLOCK 56, LOTS 8 L 16 APPLICANT MR. NICOLI LUCIANO, AGENT MR. A. DEN—KORI, PROPERTY OB'NERS. FIR. S MRS. GEORGE ROGERS ITEM 2. REQUEST 977-4 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37 CG, 6, AVON—BY—TRE—SEA, BLOCK 6, LOT 15, AND VACATED STREET TO THE EAST, APPLICANT MR. LESLIE JOHNSON, AGENT MR. LESLIE JOHNSON, PROPERTY OWNERS 1.111. 6 ARTS. SIDNEY GREGORY ITEM 3. REQUEST 977-5 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37 CG, 6, AVON—BY—TRE—SEA, BLOCK 6, LOT 14, AND VACATED STREET TO THE EAST, APPLICANT MRS. MARGAR£'1' JOHNSON, AGENT NRS. MARGARET JOHNSON, PROPERTY OWNERS 1.111 6 MRS. SIDNEY GREGORY ADJOURN ` City of Cape Canaveral �. .oa �o�n •vrnuc . unc c•a•vre•r. rwnro• vo ,py7' c y tut unt—nnx UOAItU OF ADJUSTMENT MAY 2, 1977 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF FEBRUARY 28 MEETING. CONTINUED TO MARCH 3, 19'17 ITEM 1. BE VEST 977-3 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT TRI—PLEX AT 23, 24, 37, CG, 56, AVON— BY—THE—SEA, BLOCK 56, LOTS 8 L 16 APPLICANT MR. NICOLI LUCIANO, AGENT MR. A. DEN—KORI, PROPERTY OB'NERS. FIR. S MRS. GEORGE ROGERS ITEM 2. REQUEST 977-4 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37 CG, 6, AVON—BY—TRE—SEA, BLOCK 6, LOT 15, AND VACATED STREET TO THE EAST, APPLICANT MR. LESLIE JOHNSON, AGENT MR. LESLIE JOHNSON, PROPERTY OWNERS 1.111. 6 ARTS. SIDNEY GREGORY ITEM 3. REQUEST 977-5 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37 CG, 6, AVON—BY—TRE—SEA, BLOCK 6, LOT 14, AND VACATED STREET TO THE EAST, APPLICANT MRS. MARGAR£'1' JOHNSON, AGENT NRS. MARGARET JOHNSON, PROPERTY OWNERS 1.111 6 MRS. SIDNEY GREGORY ADJOURN 0 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MAY 2, 1977 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL NET ON MAY 2, 1977 AT CITY HALL, 105 POLK'AVENUE, CAPE CANAVERAL, FLORIDA. TILE MEETING WAS CALLED TO ORDER AT 7:31 P.M. BY VICE CHAIRMAN RICHARD THURM. BOARD MEMBERS PRESENT WERE: MR. THURM -VICE CRAIP14AN MR. MUHS MR. LAWS MR. BRADY -ALTERNATE MR. RICHARD SCOTT -CITY ATTORNEY' MRS. VERN BOYD' -EX-OFFICIO MEMBER MR. HARRY KELLER -BUILDING OFFICIAL MR. NICHOLI LUCIANI-PETITIONER REQUEST 77-3 MR. ALEXIS BEN-KORI-AGENT FOR PROPERTY INVOLVED IN REQUEST 7' MR. & MRS. JOHNSON -PETITIONERS REQUESTS 77-4& 77-5 MR.•& MRS. GREGORY -PROPERTY OS•:NERS, !::VOLVED IN REQUEST 77-4 AND 77-5 MRS. PATRICIA BEAULIEU BOARD SECRETARY THE BOARD SECRETARY READ THE MINUTES OF FEBRUARY 28 MEETING. MR. LAWS. MOVED THE MINUTES BE APPROVED AS READ. MR. MUHS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. REQUEST #77-3 FOR VARIANCE OF SETBACKS TO CONSTRUCT TRI-PLEX AT 23, 24, 37, CG, 56 AVON -BY -THE -SEA, BLOCK 56, LOTS 8 & 16 APPLICANT MR. NICOLI LUCIANO, AGENT MR. A. BEN-KORI, PROPERTY OWNERS MR. & MRS. GEORGE ROGERS MR. LUCIANO PRESENTED THE BOARD WITH A SKETCH DEPICTING TRI-PLEXPLAN AND SETBACKS ON TWO ABUTTING 50 -FOOT LOTS. THIS SITE PLAN HAS BEEN MADE A PART OF THE RECORD OF THIS HEARING. IT' WAS NOTED THAT THE AREA MARKED GARAGE HAD BEEN CHANGED TO STORAGE. MR. LUCIANO POINTED OUT THAT THIS CONSTRUCTION WAS TO BE IN A C-1 ZONE. ' ARER A BRIEF DISCUSSION REGARDING THE SETBACKS AND POSSIBLE PARKING SITES FOR TI -10 SPACES PER LIVING UNIT, MR. LAWS MOVED TO ACCEPT THE VARIANCE BASED ON 7 1/2 FOOT REAR SETBACK, 22 1/2 FOOT FRONT SETBACK, VARIANCE 014 LOT WIDTH FROM 100 TO '50 FEET, INCREASE LOT COVERAGE FROM 3,125 TO 3,400, APPLICANT ERECT 6—FOOT REAR PRIVACY FENCE, ANY VEGETATION BE SAVED THAI' CAN BE SAVED AND APPLICANT COMPLY WITH ALL OTHER SECTIONS OF THE 20NING ORDINANCE. MR. BRADY SECONDED MOTION. MOTION. CARRIED UNANIMOUSLY. ITEM 2. REQUEST #77-4 REQUEST FOR VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AT 23, 24, 37 CG, 6, AVON—BY—THE—SEA, BLOCK 6, LOT 15, AND VACATED STREET TO THE EAST, APPLICANT MR. LESLIE JOHNSON, AGENT MR. LESLIE JOHNSON, PROPERTY OWNERS MR. 6 MRS. SIDNEY GREGORY MR. THURM NOTED THAT THIS APPLICATION REGARDING CONSTRUCTION OF A RESIDENCE ON A 50—FOOT LOT DID NOT HAVE ANY PLANS ACCOMPANYING IT. BOARD MEMBER, MR. LAWS, .QUESTIONED THE FACT THAT THE FEE WAS WAIVED BY MAYOR NICHOLAS. SINCE MAYOR NICHOLAS WAS IN THE AUDIENCE, HE RESPONDED BY POINTING OUT THAT THE BUILDING OFFICIAL HAD ANSWERED AN INQUIRY BY THE APPLICANT IN REGARDS TO THE PROPERTY IN QUESTION AND THE INFORt•ATION WAS ERRONEOUS. THIS ERRONEOUS INFORMATION RESULTED IN THE JOH\SONS ENTERING INTO CONTRACT. TO PURCHASE THE PROPERTY. MA'.'OR NICHOLAS FELT THAT THE CITY HAD AN OBLIGATION TO GIVE THEM SOME RELIEF. HE INFORMED. THE BOARD THAT THE MPTTER OF S•AIVI:;: THE FEE {:DULD BE BROUGHT BEFORE THE CITY COUNCIL. *SEE ATT OEm PAGE FOR NEXT paRRAG iPH. MR. JOHNSON EXPLAINED THAT HE HAD PLANNED TO BUILD A SINGLE FAMILY RESIDENCE ON LOT 15 AND WHEN HE FOUND OUT THAT THE INFORMATION HE HAD RECEIVED FROM THE BUILDING OFFICIAL WAS INCORRECT, HE WAS. ADVISED TO SEEK A VARIANCE FOR THIS 50—FOOT LOT. MR. JOHNSON EXPLAINED AND SKETCHED A SITE PLAN FOR, THE BOARD. THE QUESTION AROSE AS TO WHETHER OR NOT THESE TWO 50—FOOT LOTS WERE ONE OR TWO PARCELS OF LAND. IT WAS POINTED OUT THAT MIRS. JOHNSON IS TO BE THE OWNER OF A CONTIGUOUS LOT (LOT 14) AND SHE PLANNED TO BUILD A SINGLE FAMIILY HOME ON THAT 50—FOOT LOT. THE QUESTION AROSE. AS TO WHETHER Olt NOT THESE T'{10 BOARD OF ADJUSTMIIT 5-2-77 PAGE 2 50-FO6T LOTS Ir ONE OR TWO PARCELS OF NPD. IT WAS POINTED 'OUT THAT IN ORDER TO BE CONSIDERED AS TI -70 SEPAIATE LOTS THEY WOULD HAVE HAD TO BE IN SEPARATE OWNERSHIP AS OF AUGUST 4, 1971 TO COMPLY WITH THE ZONING ORDINANCE. A LENGHTY DISCUSSION FOLLOWED ON THE NON-CONFOR14ING FACTOR OF THESE LOTS AND ALSO 014 WHICH SIDE COULD BE CONSIDERED THE FRONTAGE OF BOTH LOT 15 AND LOT 14. MR. FRANKLYN MACLAY SPOKE UP OBJECTING TO THE GRANTING OF THIS VARIANCE. HE FELT IT WAS JOINTLY OWNED ON. AUGUST 1, 1971 AND THEREFORE SHOULD BE CONSIDERED NON -CONFORMING. IN ADDITION TO THAT IF TWO HOMES WERE BUILT ON THE TWO LOTS, THERE WAS A POSSIBILITY THAT ACCESS WOULD BE BY WAY OF THE ALLEYWAY TO THE WEST. MR. 14ACLAY POINTED OUT THAT THIS ALLEY- WAY WAS NOT WIDE ENOUGH TO .USE AS AN ACCESS BECAUSE IT IS ON AN ANGLE AND IT IS LESS THAN 12 -FEET WIDE. • TAE ZONING ORDINANCE CALLS FOR MINIMUM ACCESS OF 15 -FEET. MR. LAWS MOVED TO TABLE REQUEST 77-4 LOT 15 AND REQUEST 77-5 LOT 14 UNTIL COMPLIANCE CAN BE SHOWN WITH THE INTENT OF PARAGRAPH 643.038 AND ALSO IF THE APPLICANTS WISH TO REAPPEAR BEFORE THE BOARD THEY BRING A LAYOUT OF THE LOTS SO THAT THE BOARD CAN DETERMINE WHAT TYPE OF VARIANCES THEY ARE REQUESTING. MR. BRADY SECONDED MOTION. BEFORE THE QUESTION WAS CALLED,I MR LAWS ASKED THE ATTORNEY WHETHER OR NOT HE SHOULD SET A TIME FRAME ON THE MOTION. MR. SCOTT ASKED IF MR. LAWS WAS INTENDING TO HAVE THE SECRETARY SCHEDULE ANOTHER MEETING .WHEN THE APPLICANTS RE -APPEAR WITH A PLOT PLAN. MR. LAWS ANSWERED IN THE AFFIRMATIVE AND ALSO STATED THAT HE FELT BY THAT TIME THE CITY COUNCIL WOULD APPROVE THE MAYOR'S . WAIVER OF THE FEE, THE QUESTION WAS CALLED WITHOUT AN AMENDMENT. BOARD VOTED UNANIMOUSLY IN FAVOR OF MOTION. MEETING ADJOURNED. AT 9:35 P. M. BY GENERAL CONSENT. DMRD OF ADJUSDU2,T 5-2-77 PACE 3 MAY 5, 1977 CITY OF CAPE. CANAVERAL BOARD OF ADJUSTI•IENT (CONTINUATION OF .SAY 2, 1977 4UiETING) THE BOARD•OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL CONTINUED ITS MAY 2, 1977 MEETING 0:1 IAY 5, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA BOARD MEMBERS PRESENT WERE: MR. MEGUTAR -CHAIRMAN MR. THURM -VICE CHAIRAN MR. MOBS MR. LAWS MR. BRADY. -ALTERNATE MEMBER MR. HARRY KELLER -BUILDING OFFICIAL MR. RICHARD F. SCOTT -CITY ATTORNEY MR. 6 MRS. JOHNSON - -PETITIONERS • MR.6 MRS. GREGORY -PROPERTY OWNERS OF LOTS 14 6 15 MRS. PATRICIA BEAULIEU -BOARD SECRETARY REQUEST 77-4 VARIANCE OF. SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AVON -BY -TILE -SEA, BLOCK 6, LOT 15 REQUEST 77-5 VARIANCE OF SETBACKS TO CONSTRUCT SINGLE FAMILY RESIDENCE AVON -BY -THE -SEA, BLOCK 6 LOT. 14 " SINCE CHAIRMAN MEGUTAR WAS UNABLE TO ATTEND THE MAY 2 MEETING, HE REQUESTED THAT VICE CHAIRMAN THURM BRIEFLY REVIEW WHAT HAD TRANSPIRED AT THAT MEETING. AFTER MR. THURM'S REVIEW, HE OUTLINED MR. LAWS NOTION AT THE MAY 2 MEETING WHICH REQUESTED THAT MR. LESLIE JOHNSON, APPLICANT OF .REQUEST 77-4 AND MRS. MARGARET JOHNSON, APPLICANT OF REQUEST 77-5, SHOW COMPLIANCE WITH THE INTENT OF. PARAGRAPH 643.038 OF 20NING ORDINANCE 10-75 AND IF THEY .WISH TO. REAPPEAR BEFORE THE BOARD OF ADJUSTMENT, THEY BRING IN A PLOT PLAN OF THE LOTS IN ORDER FOR THE BOARD TO DETERMINE WHAT TYPE OP VARIANCES THEY ARE REQUESTING. IN COMPLIANCE WITH MR. LAW'S MOTION, PRIOR TO THE MEETING,, MR. AND MRS. JOHNSON HAD DISTRIBUTED DOCUMENTS EXHIBITING THE CHAIN OF TITLE TO THE PROPERTY IN QUESTION AND ALSO PLOT PLANS FOR THE TWO LOTS. THE BOARD ASCERTAINED THAT THE LOTS HAD BEEN OWNED IN SINGLE OIN14ERSIIIP ON AUGUST 4, 1971, T7IEREFORE,, THEY WOULD HAVE TO BE TREATED AS ONE LOT INSTEAD OF TWO. FOR THE RECORD, MR. MEGUTAR READ A LETTER TO THE BOARD FROM FRANKLYid P. P:ACLAY OBJL•'CTIIIG TO 171E GRANTING OF THE VARIANCES ASKED I.Olt IN TIIIS REQUEST. AT THIS TINE, MRS. JOHNSON QUESTIONED Till; BOARD AS TO WHAT THEY WOULD CONSIDER THE FRONTAGE. ON LOT 15. DISCUSSION FOLLOWED BETWEEN THE BUILDING OFFICIAL AND CITY. ATTOR14EY REGARDING THE PORTION OF PARAGRAPH 643.03➢ DEALING WITH LOTS WITH CONTINUOUS FRONTAGE IN SINGLE OWNERSHIP AND JUST 11011 THE ZONING ORDINANCE COULD BE INTERPRETED REGARDING TWO CONTIGUOUS PARCELS WHERE ONE MIGHT BE FRONTING ON ONE STREET AND THE OTHER PARCEL ON ANOTHER. MR. SCOTT SUGGESTED 'A.5—MINUTES RECESS AT 7:50 P.M. MEETING RECONVENED AT 7:56 P.M. MR. SCOTT EXPLAINED TO THE BOARD THAT IF THEY STRICTLY INTERPRET SECTION 643.03B THE ONLY THING THE BOARD CAN PRECLUDE THE JOHNSONS FROM DEALING WITH ARE LOTS WITH CONTINUOUS FRONTAGE IN SINGLE OWNERSHIP AND IT APPEARED THAT THESE T140 LOTS MIGHT NOT COME UNDER THAT DEFINITION.. RE CONCLUDED THAT THE 'ZONING ORDINANCE IS VAGUE. IN THIS RESPECT AND ADVISED THE BOARD THAT THEY WOULD HAVE TO DETERMINE THAT THESE. TWO LOTS ARE CONTINUOUS FRONTAGE THEN THEY WOULD. COME WITHIN THIS SECTION. IF THE BOARD FEELS THAT THEY ARE NOT CONTINUOUS FRONTAGE, THEY ARE NOT WITHIN THIS SECTION. AND THE BOARD CAN THEN DECIDE ON TILE ISSUE OF GRANTING OR NOT GRANTING THE VARIANCES REQUESTED. THE BOARD HAD A LENGTHY DISCUSSION ON WHERE EACH LOT FRONTED. MR. BRADY MOVED THAT THESE TWO PARCELS DO NOT CONSTITUTE CONTINUOUS FRONTAGE IN SINGLE OWNERSHIP AS DEFINED IN PARAGRAPH 643.038, THEREFORE, 643.038 DOES NOT APPLY. MR. THURM SECONDED NOTION. MOTION CARRIED UNANIMOUSLY. MR. .SCOTT POINTED OUT THAT THE ISSUE BEFORE THE BOARD AT TIIIS TIME WAS THE QUESTION OF THE VARIANCES AS REQUESTED ON THE INDIVIDUAL APPLICATIONS. MR. SCOTT READ OFF THE SETBACK REQUIREMENTS IN R-3 OF ZONING ORDINANCE 10-75.. TUE BOARD CONSIDIiR1iD REQUEST 77-4, LOT 15, BLOCK, 6, AVON—DY—THF.—SEA, FIRST. BOARD OF ADJUSTNIM 5-5-77 PAGE 2 FOR THE RECORD, MR. MEGUTAR READ PLANNING AND ZONING BOARD'S RECOILMLNDATIONS. TO DENY THE VARIANCES ON REQUESTS 77-4 AND 77-5. ON THE BASIS OF LOT 15 FRONTING ON ADAMS, MR.' THUIU•1 MADE A MOTION THAT THE BOARD GRANT VARIANCE REQUEST 77-4, LESLIE JOHNSON, IN CONJUNCTION WITH CONSTRUCTION OP A SI14GLE FAMILY DWELLING TO PERMIT A FRONT SETBACK VARIANCE OF 10 FEET AND TO PERMIT.A REAR SETBACK VARIANCEOF 10 FEET. MR. MUHS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. IT WAS DECIDED THAT NO VARIANCE WAS NEEDED ON THE. EAST OR WEST SIDE. THE BOARD POINTED OUT THAT MR. JOHNSON, WAS NOT GRANTED THE RIGHT TO BUILD EAST OF THE COASTAL CONSTRUCTION SETBACK LINE.' ATTACHED TO THESE MINUTES IS A PLOT PLAN EXHIBITING THE SETBACKS FOR, REQUEST77-4. CHAIRMAN MEGUTAR STATED THAT DUE TO ACTION BY THE BOARD ON LOT 15, THE BOARD CONSIDER THAT LOT 14 FRONTED ON THE ALLEY. MR. TIIUR14 MOVED THAT THE BOARD GRANT VARIANCE REQUEST 77-5 FOR MARGARET JOHNSON, LOT 14, BLOCK Gr AVON -BY -THE -SEA TO PERMIT CONSTRUCTION OF SINGLE FAMILY DWELLING PERMITTING 10 -FOOT SETBACK ON EACH .SIDE. MR. MURS SECONDED MOTION., MOTION CARRIED UNANIMOUSLY. ATTACHED TO THESE MINUTES•IS.A PLOT PLAN EXHIBITING THE SETBACKS FOR 77-5. AT THIS TIME, MR. MEGUTAR READ A LETTER OF RESIGNATION TO THE BOARD FROM MEMBER EUGENE JANDREAU WHICH WAS TO BE EFFECTIVE AS OF MAY 4, 1977. MR. LAWS REQUESTED ATTORNEY SCOTT LOOK INTO THE POSSIBILITY OF BRINGING MR. SIDNEY SPECTOR'S REQUEST FOR . VARIANCE BACK BEFORE THE BOARD. BY GENERAL CONSENT,, MEETING ADJOURNED AT 8:50 P.M. APPROVED THIS(fi DAY OF ��GC�u, x,1977. CHAIRMAN (/ BOARD OF If JUSTMHNT ItLSPI.'CTFUI,LY SUDMITTEI) 5-5-77 SECRETARY PAM 3 v INo �v i oA, e� 1 , 1 o N ev S 1 .. W . w ' Ln 1 , , � N N rbn u y 14, Q +{I j tn h0 J4 N I pIq\� _ Q r � 4 ol�v tam tc-ss.'�-- uA V — L L 3AOW38 ION oa 1 � w ' 1 1 1 , , 1 kt , y 0 h0 d t- '_'3AOW3a ION OU i.� �Q8003a lt/1O13�p� •o Q yNX V Q� o: 0 �� U � \ ^N ter. � `• - _ _— ._ i J� `� JJ w N a i� 0 .lj V d t- '_'3AOW3a ION OU i.� �Q8003a lt/1O13�p� ® 3AOW3a !AN OQ tiUoll Oa0�3l1 .1d1�1��0 .0 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT •, FEBRUARY 28, 1977 V THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON FEBRUARY 28, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:34 P.M. BY CHAIRMAN GEORGE MEGUTAR. BOARD MEMBERS PRESENT WERE: MR. MEGUTAR -CHAIRMAN MR. THURM -VICE CHAIRMAN MR. MUSS MR. LAWS MR. JANDREAU MR. BRADY -ALTERNATE MEMBER WAS ABSENT MR. RICHARD F. SCOTT -CITY ATTORNEY' MR. EDWARD BALOUGH -CITY'S CONSULTANT ON RPUD DEVELOPMENT OF FIRST INTERSTATE'S PUERTO DEL SOL MR. ROBERT WHITE -BUILDING OFFICIAL ALSO PRESENT WERE FIRST INTERSTATE'S REPRESENTATIVES RICHARD BIERY, PRESIDENT RICK STOTTLER, SECRETARY ROY COWELL (BREVARD ENGINEERING) RICHARD COSTELLO (BREVARD ENGINEERING) PATRICIA BEAULIEU -BOARD SECRETARY MR. MEGUTAR READ THE MINUTES OF JANUARY 17, 1977 MEETING. MR. THURM MOVED THAT THE MINUTES BE APPROVED AS HEAD. MR. MUHS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. REQUEST 977-1 FINAL REVIEW AND APPROVAL OF FIRST INTERSTATE'S R.P.U.D., PUERTO DEL SOL, LOCATED SOUTH OF HARBOR HEIGHTS SUBDIVISION MR. MEGUTAR READ THE PLANNING AND 7.ONING BOARD'S RECOMMENDATIONS REGARDING FIRST INTERSTATE'S FINAL APPROVAL WHICH WERE REVIEWED BY THAT BOARD ON DECEMBER 1, 1.976. MR. SCOTT STATED THAT HE AND MR.AALOUGH HAD REVIEWED ALL DOCUMENTS IN REGARD TO THIS FINAL APPROVAL AND THAT THEY WERE .PROPERLY FILED. MR. THURM SUGGESTED THAT THE BOARD REVIEW THE REQUIRED •'• ''•• DOCU14EITS• WITH THE FORMER ZONING ORDINANCE 12-71 (WHICH APPLIES TO THIS CASE DUE TO A COURT ORDER) CO�H•IENCING ON PAGE 62 UNDER "REQUIRED EXHIBITS" UP THROUGH PAGE 64 SUB- SECTION "I". ALL MAPS, EASEMENTS AND DEVELOPMENT SCHEDULE WHICH APPEARED FOR REVIEW.AT THIS HEARING HAVE BEEN SO MARKED AND ARE MADE A PART OF THIS RECORD. CHAIRMAN 14EGUTAR OPENED THE FLOOR TO OPPOSITION, PROPONENTS AND QUESTIONS FROM THOSE CITIZENS ATTENDING THIS HEARING. THE MAJORITY 0£ QUESTIONS CENTERED ON THE 20 FOOT EASEMENTS WHICH WERE TO BE DEEDED TO PROPERTY OWNERS JUST NORTH OF THIS PROPOSED DEVELOPMENT. ACCORDING TO FIRST INIER- STA'PE'S STATEMENT OF JUSTIFICATION. OTHER QUESTIONS FROM THE AUDIENCE WERE RECREATION FACILITY, DIKE/WALKWAY AND. ITS LOCATION, BEACH ACCESS EASEMENT FOR HARBOR HEIGHTS AND THE TYPE OF STRUCTURES TO BE BUILT. THE DEVELOPERS EXPLAINED THEIR PROPOSED DEVELOPMENT POINTING OUT THAT THE FINAL APPLICATION PLAN (POSTED AT THIS MEETING FOR REVIEW) DIFFERED FROM THE PRELIMINARY PLAN IN THAT THE PRELIMINARY PLAN HAD 2.66 ,ACRES OF OPEN SPACE AND THE FINAI. PLAN HAS 2.82 ACRES OF OPEN SPACE. THE INCREASE IN OPEN SPACE WAS DUE TO PARKING REQUIREMENTS. THIS FIRST STAGE OF THE DEVELOPMENT 1•70ULD HAVE 25 UNITS. AND WOULD BE COMPRISED OF SINGLE FAMILY ATTACHED, SINGLE FAMILY DETACHED AND ONE AND TWO STORY QUADS. .BUILDINGS ARE TO BE CONCRETE BLOCK, WITH STUCCO EXTERIOR AND TILE ROOFING, AND THIS FIRST STAGE OF. THE DEVELOPMENT. IS LOWER THAN THE DENSITY OF THE OVER-ALL PROJECT.. MR. BALOUGH AND THE BOARD DISCUSSED AT LENGTH THE FOLLOWING: THE POSSIBILITY OF DEVELOPING THE RECREATION FACILITY EARLIER THAN THE DEVELOPMENT OF STAGE SIX (AS IT I5 SHOWN ON MAP EXHIBITED AT THIS MEETING) TO COMPLY WITH THE ZONING ORDINANCE WHICH REQUIRES A PERCENTAGE OF THE RECREATIONAL AREA GO ALONG WITH STAGE 37 PROPERTY TAXES WHICII HAVE NOT. BEEN PAID ON TIIR PROPERTY; OWNERSHIP AND MAINTENANCE.. OF COFL'•:ON OPEN (MR. BALOUGH FELT THAT THE • "DECLARATION OF RF.STRICTZ02:S ON REAL ESTATE" THAT HE ® o OFFICIAL RECUKU DO NOT REMOVE HAD REVIEWED REGARDING THIS HEARING NEEDED CLARIFICAITON) AND ALSO THE MANNER OF TRANSFER OF 171E 20 FOOT. EASEMENTS SOUTH OF HARBOR HEIGHTS. DURING THE ABOVE DISCUSSIONS IT WAS BROUGHT OUT BY THE DEVELOPERS THAT THIS RPUD WAS NOT A CONDOMINIUM. CHAIRMAN MEGUTAR CALLED A RECESS AT 9:23. MEETING RECONVENED AT .9:35 P.M. THE BOARD AGAIN REVIEWED THE FOUR MAJOR POINTS IN QUESTION: PROPERTY TAXES; 20 FOOT EASEMENTS; CONTROL OF COMMON OPEN SPACE AND DEVELOPMENT OF RECREATION. FACILITIES AND REQUESTED THAT THE CITY ATTORNEY, CITY BUILDING OFFICIAL, MR. BALOUGH AND DEVELOPER MEET TO HELP RESOLVE THESE QUESTIONS.. A MEETING WAS SET UP .FOR THE FOLLOWING MORNING. MR. LAWS MOVED TO CONTINUE BOARDS HEARING ON REQUEST 77-1 TO MARCH'3, 1977 TO RESOLVE THE QUESTIONS OF THE PROPERTY TAXES, 20 FOOT EASEMENTS, CONTROL OF COMMON OPEN, SPACE AND DEVELOPMENT OF RECREATION FACILITIES. ITEM 2. REQUEST NO. 77-2 MR. JERRY WARWIN'S REQUEST FOR SPECIAL EXCEPTION FOR A BUSINESS WHICH WOULD PRODUCE AND SELL GOODS AT RETAIL UPON THE PREMISES LOCATED AT 101 LONGPOINT ROAD PRESENT AT THIS HEARING REGARDING REQUEST 77-2 WAS HELEN MIORELLI, AGENT FOR THE APPLICANT JERRY WARWIN, PROS- PECTIVE LESSEES OF THE BUILDING MR.. DAN O'BRIEN AMERICAN BOOM AND BARRIER AND MR. ANDY FERGUSON SUN-GLO CORPORATION. CIIAIRMAN MEGUTAR READ THE PLANNING 6 ZONING BOARDS MINUTES OF FEBRUARY 10, 1977 WHICH RECOMMENDED APPROVAL OF THIS REQUEST FOR SPECIAL EXCEPTION AND ALSO A LETTER FROM VIRGINIA HENDRY WHICH OPPOSED THE GRANTING OF THIS SPECIAL EXCEPTION. .THE BOARD QUESTIONED AT LENGTH THE PROSPECTIVE LESSEES AND THE TYPE OF MANUFACTURING AND RETAIL OPERATION THAT THEY WERE PLANNING TO CARRY ON AT THIS SITE. MR. HOWARD GOULD, A NEIGIIBORING PROPERTY OWNER, POINTED OUT TO THE BOARD THAT HE WAS CONCERNED WITH THE PARKING FACILITIES AT THE BUILDING IN QUESTION BECAUSE IN. THE PAST THE OCCUPANTS OF THAT .BUILDING HAVE USED HIS PRIVATE PROPERTY,FOR PARKING. MR. .LAWS FELT THAT THE APPLICANT HAD NOT FULLY COMPLIED WITH SECTION 645.22 OF THE ZONING ORDINANCE. AND FELT A SKETCH DEPICTING OFF-STREET PARKING FOR THE BUILDING SHOULD BE SUBMITTED TO THIS BOARD AND ALSO THAT THE THE APPLICANT SHOULD RESPOND -TO PARAGRAPH. 645.22 OF ZONING ORDINANCE 10-75. .. MR., LAWS MOVED TO CONTINUE THIS HEARING UNTIL THURSDAY, MARCH 3, 1977 AT 7:30 P.M. MR. JANDREAU SECONDED MOTION. :MOTION PASSED UNANIMOUSLY, CHAIMAN MEGUTAR DETAILED, THE ITEMS THAT THE APPLICANT SHOULD SPECIFICALLY ADDRESS HERSELF TO INCOMPLIANCE WITH THE BOARD'S REQUEST AND ALSO POINTED OUT THAT THIS HEARING WOULD FOLLOW 'THE CONTINUATION OF HEARING ON REQUEST NO. 77-1, FIRST INTERSTATE., AT 10:40 MEETING WAS CONTINUED UNTIL THURSDAY MARCH 3, 1977 AT 7:30. P.M. *OFFICIAL RECORD DO NOT REMOVE CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MARCH 3, 1977 (CONTINUED FROM FEBRUARY 28) THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL CONTINUED THE FEBRUARY 2B MEETING ON MARCH 3, 1977 AT CITY BALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. BOARD MEMBERS PRESENT WERE; MR. MEGUTAR -CHAIRMAN MR. THURM -VICE CHAIRMAN MR. MUHS MR. LAWS MR. JANDREAU MR. BRADY ALTERNATE MEMBER WAS ABSENT tilt. JOHN KABBOORD-ASSISTANT CITY ATTORNEY MR. BOB WHITE -BUILDING OFFICIAL MR. EDWARD BALOUGH-CONSULTANT MR, RICK STOTTLER -FIRST INTERSTATE MRS. PATRICIA BEAULIEU -SECRETARY ITEM 1. REQUEST NO. 77-1 FIRST INTERSTATE RPUD tilt. MEGUTAR EXPLAINED THAT AT THE FEBRUARY 28 MEETING THE BOARD OF ADJUSTMENT HAD ASKED MR. SCOTT, MR. BALOUGH, MR. WHITE AND MR. STOTTLER TO MEET TO RESOLVE FOUR QUESTIONS' THAT THE BOARD FELT NEEDED ANSWERING BEFORE THEY COULD COMPLETE THEIR REVIEW OF FIRST INTERSTATE'S FINAL APPLICATION OF STAGE 1. CHAIRMAN REGUTAR THEN READ ALOUD MR. SCOTT'S MEMORANDUM TO THE BOARD DATED MARCH 3, 1977, WHICH DETAILED THE OUTCOME OF THAT MEETING. *THIS MEMORANDUM IS MADE A PART OF THIS RECORD AND IS ATTACHED TO THESE MINUTES. AFTER READING THE MEMORANDUM, A SHORT DISCUSSION FOLLOWED REGARDING THE NUMBER OF UNITS TO BE BUILT IN THIS FIRST PHASE OF THE DEVELOPMENT AND THE NUMBER IN. ADDITIONAL PHASES, PARKING PLACES AND THE CITY ACQUIRING THE TITLE TO THE SEWER MAINS AND LINES. MR. STOTTLER ANSWERED THE QUESTIONS RESPECTIVELY, 25 LIVING UNITS AND THE NUMBER IN FUTURE PHASES - COULD VARY; PARKING SKETCH WAS ACCEPTED BY, BOARD OF ADJUSTMENT AT A'PREVIOUS MEETING ON FEBRUARY 9, 1976 AND THAT THERE WERE TWO SPACES FOR EVERY LIVING UNIT; THE CITY WOULD ACQUIRE TITLE ONLY TO THE MAINS AND NOT THE SERVICES. 'MR. MINIS MADE A MOTION TO ACCEPT THE APPROVAL OF THE FINAL DEVELOPMENT PLAN IH THE FOLLOWING FORT -I: "I 14OVE THAT THE APPLICATION FOR FI14AL DEVELOPMENT OF THE RPUD'HNOIFIM AS PUERTO, DEL SOL, FILED BY FIRST INTERSTATE CORPORATION BE APPROVED WITH THE FOLLOWING CONDITIONS; 1. THAT PROOF OF PAYMENT OF THE 1976 TAXES MUST BE. FILED WITH THE. CITY BEFORE BUILDING PERMITS WILL BE ISSUED, AND THAT .125% OF THE CITY TAXES ON THE LAND AREA ENCOMPASSED IN STAGE 1 BE ESCROWED WITH THE CITY.. 2. THAT THE APPLICANT COMPLY WITH ALL THE PROVISIONS OF THE STATEMENT OF JUSTIFICATION AND ADDENDUM TO STATEMENT OF JUSTIFICATION, WHICH WAS PART OF THEIR PRELIMINARY APPLICATION, EXCEPT WHERE OTHERWISE CHANGED BY THE BOARD OF ADJUSTMENT. 3. THAT THE APPLICANT COMPLY WITH ALL OF THE OTHER CITY ORDINANCES AND BUILDING CODES OF THE CITY OF CAPE CANAVERAL, FLORIDA AS MAY BE PERTINENT TO THIS DEVELOPMENT." MR. LAWS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. MEGUTAR SUGGESTED THAT EACH BOARD MEMBER. WRITE OUT THEIR .VOTING PHILOSOPHY AND TURN IT IN TO BE ATTACHED TO THU MINUTES. -* IN ADDITION TO MR. SCOTP'S 2,211ORANDUM ALL OTHER DOCUMENTS R=IVED BY 9110 BOARD MEMBERS AT THIS MARCH 3, 1977 HEAMG. HAVE BEEN I -W E A PART OF 'HIE RFAORD AND RMMNED 114 THIS FILE. ITEM 2. REQUEST NO. 77-2 J. WARWIN FOR SPECIAL EXCEPTION MRS. HELEN MIORELLI WAS PRESENT FOR THIS HEARING AND PASSED OUT A SKETCH SHOWING PARKING SPACES FOR THE BUILDING AT 101 LONGPOINT ROAD AND ALSO A LETTER TO THE BOARD SHOWING COMPLIANCE TO SECTION 645.22 OF ZONING ORDINANCE 10-75. MR. O'BRIEN AND MR. FERGUSON ARRIVED AT THE HEARING AT THIS TIME. MR. MEGUTAR READ ALOUD THE LETTER FROM MRS. MIORELLI AND THE BOARD REVIEWED .HE SKETCH AND ASKED QUESTIONS. MR. THURM MOVED THAT THE BOARD OF ADJUSTMENT. APPROVE SPECIAL EXCEPTION REQUEST FOR THE APPLICANT JERRY WARWIN AS PRESENTED WITH AMERICAN BOOM AND BARRIER ONE LESSEE AND SUN --CLO ANOTHER LESSEE.. MR. LAI -IS SECONDED MOTION. MOTION CARRIED Jilg,�1 City Caya ae�era? p T�unawnx Ronl<u of ;;DJusTMeliT FEBRUARY 28, 1977 7:30 I'.i•l. AGENDA CALL TO ORDER ROLL CALL MINUTES OF JANUARY 17, 1977 :.EETING ITEM I. REQUEST 477-1 FINAL REVIEW AS;D APPROVAL OF FIRST INTERSTATE'S R.P.U.D., PUERTO DEI. SOL, LOCATED SOUTH OF HARSOR. HEIGHTS SUBDIVISION ITEM 2. REQUEST 977-2 M?. JE;+. Y t9AR4:TtI'S F1:QULST FOR SPECIAL EXCEPTION FOR A BUSINESS FL9ICH WOULD PRODUCE AND SFLL GOODS AT RETAIL UPON THE PREMISES LOCATED AT 101 LONGPOINT ROAD ADJOUT! B 3A0W38 ION 00 Q033u .jeiaijjo CITY OF CAPE CANAVERAL DOARD OF ADJUSTMENT FEBRUARY 28, 1977 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON FEBRUARY 28, 1977 AT CITY HALL, 105 POLR AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:34 P.M. BY CHAIRMAN GEORGE MEGUTAR. BOARD MEMBERS PRESENT WERE: MR. MEGUTAR CHAIRMAN MR.THURM -VICE CHAIRMAN MR.MUHS MR. LAWS MR. JANDREAU MR. BRADY -ALTERNATE MEMBER WAS ABSENT MR. RICHARD F. SCOTT -CITY .ATTORNEY MR. EDWARD BALOUGH -CITY'S CONSULTANT ON RPUD DEVELOPMENT OF FIRST INTERSTATE'S PUERTO DEL SOL MR. ROBERT WHITE -BUILDING OFFICIAL ALSO PRESENT WERE FIRST INTERSTATE'S REPRESENTATIVES RICHARD BIERY, PRESIDENT RICK STOTTLER, SECRETARY ROY COWELL (BREVARD ENGINEERING). RICHARD. COSTELLO (BREVARD ENGINEERING) PATRICIA BEAULIEU -BOARD SECRETARY MR. NEGUTAR READ THE MINUTES OF JANUARY 17, 1977 MEETING., MR. THURM MOVED THAT THE MINUTES BE APPROVED AS READ. MR. MUHS SECONDED NOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. REQUEST (,77-1�INAL REVIEW AND APPROVAL OF FIRST'INTERSTATE'S R.P.U.D., PUERTO DEL SOL, LOCATED SOUTH OF HARBOR HEIGHTS SUBDIVISION MR. NEGUTAR READ THE PLANNING AND ZONING BOARD'S REC014MENDATIONS REGARDING FIRST INTERSTATE'S FINAL APPROVAL WHICH WERE REVIEWED BY THAT BOARD ON DECEMBER 1, 2.976. MR. SCOTT STATED THAT HE AND MRAALOUGH HAD REVIEWED ALL DOCU14ENTS IN REGARD TO THIS FINAL APPROVAL AND_THAT THEY WERE PROPERLY FILED. MR. THUR!•1 SUGGESTED THAT THE BOARD. REVIEW 771E REQUIRED DOCUMENTS WITH THE FORMER 'ZONING ORDINANCE 12-71 (WHICH APPLIES TO THIS CASE DUE TO A COURT ORDER) COMMENCING ON PAGE 62 UNDER "REQUIRED EXHIBITS" UP THROUGH PAGE 64 SUB- SECTION "I". ALL MAPS, EASEMENTS AND DEVELOPMENT SCHEDULE WHICH APPEARED FOR REVIEW,AT THIS NEARING HAVE BEEN SO MARKED AND ARE MADE A PART OF THIS RECORD. CHAIRMAN MEGUTAR OPENED THE FLOOR TO OPPOSITION, PROPONENTS AND QU`,STIONS FROM THOSE CITIZENS ATTENDING THIS HEARING. THE MAJORITY OP QUESTIONS CENTERED ON THE 20 FOOT EASEMENTS WHICH WERE TO BE DEEDED TO PROPERTY OWNERS JUST NORTH OP THIS PROPOSED DEVELOPMENT ACCORDING TO FIRST INTER - STATE'S STATERENT OF JUSTIFICATION. OTHER QUESTIONS FROM THE AUDIENCE WERE RECREATION FACILITY, BIKE/WALKWAY AND ITS LOCATION, BEACH ACCESS EASEMENT FOR HARBOR HEIGHTS AND THE TYPE OF STRUCTURES TO BE BUILT. THE DEVELOPERS EXPLAINED THEIR PROPOSED DEVELOPMENT POINTING OUT THAT THE FINAL APPLICATION PLAN (POSTED AT THIS MEETING FOR REVIEW) DIFFERED FROM THE PRELIMINARY PLAN IN THAT THE PRELIMINARY PLAN HAD 2.66 ACRES OF OPEN SPACE AND THE FINAL PLAN HAS 2.82 ACRES OF OPEN SPACE. THE INCREASE IN OPEN SPACE WAS DUE TO PARKING REQUIREMENTS. THIS FIRST STAGE OF THE DEVELOPMENT WOULD HAVE 25 UNITS AND WOULD BE COMPRISED OF SINGLE FAMILY ATTACHED, SINGLE FAMILY DETACHED AND ONE AND TWO STORY QUADS. BUILDINGS ARE TO BE CONCRETE BLOCK, WITH STUCCO EXTERIOR AND TILE ROOFING, AND THIS FIRST STAGE OF THE DEVELOPMENT IS LOWER THAN THE DENSITY OF THE OVER-ALL PROJECT.. MR. BALOUGH AND THE BOARD DISCUSSED AT LENGTH THE FOLLOWING: THE POSSIBILITY OF DEVELOPING THE RECREATION FACILITY EARLIER THAN THE DEVELOPMENT OF STAGE SIX (AS IT IS SHOWN ON MAP EXHIBITED AT THIS MEETING) TO COMPLY WITH THE ZONING ORDINANCE WHICH REQUIRES A PERCENTAGE OF THE RECREATIONAL AREA GO ALONG WITH STAGE 1; PROPERTY TAXES WHICH HAVE NOT BEEN PAID O; THE PROPERTY; OWNERSHIP AND MAINTENANCE OF CO,:! -ION OPEN (MR. BALOUGH PELT THAT THE "DECLARATION OF RFSTRICTIONS ON REAL ESTATE" THAT HE ® OFFICIAL RECORD" DO NOT REMOVE HAD REVIEWED REGARDING THIS HEARING NEEDED CLARIFICAITON) AND ALSO THE MANNER OF TRANSFER OF THE 20 FOOT EASEMENTS SOUTH OF HARBOR HEIGHTS. DURING THE ABOVE DISCUSSIONS IT WAS BROUGHT OUT BY THE DEVELOPERS THAT THIS RPUD WAS NOT A CONDOMINIUM. CHAIRMAN MEGUTAR CALLED A RECESS AT 9:23. MEETING. RECONVE14ED AT 9:35 P.M. THE BOARD AGAIN REVIEWED THE FOUR MAJOR POINTS IN QUESTION: PROPERTY TAXES; 20 FOOT EASEMENTS; CONTROL OF COMMON OPEN SPACE AND DEVELOPMENT OF RECREATION FACILITIES AND REQUESTED THAT THE CITY ATTORNEY, CITY BUILDING OFFICIAL, MR. BALOUGH AND DEVELOPER MEET TO HELP RESOLVE THESE QUESTIONS. A FLEETING WAS SET UP FOR THE FOLLOWING MORNING. MR. LAWS MOVED TO CONTINUE BOARDI,S HEARING ON REQUEST 77-1 TO MARCH'3, 1977 TO RESOLVE THE QUESTIONS OF THE PROPERTY TAXES, 20 FOOT EASEMENTS, CONTROL OF COMMON OPEN SPACE AND DEVELOPMENT OF RECREATION FACILITIES. ITEM 2. REQUEST NO. 77-2 MR. JERRY WARWIN'S REQUEST FOR SPECIAL EXCEPTION FOR A BUSINESS WHICH. WOULD PRODUCE AND SELL GOODS AT RETAIL UPON ,THE PREMISES LOCATED AT 101 LONGPOINT ROAD PRESENT AT THIS HEARING REGARDING REQUEST 77-2 WAS HELEN MIORELLI, AGENT FOR THE APPLICANT JERRY WARWIN, PROS— PECTIVE LESSEES OF THE BUILDING MR. DAN O'BRIEN AMERICAN DOOM AND BARRIER AND MR. ANDY FERGUSON SUN—GLO CORPORATION. CHAIR'dAN MEGUTAR READ THE PLANNING S ZONING BOARDS MINUTES OF FEBRUARY 10, 1977 WIIICII RECOMMENDED APPROVAL OF TIIIS REQUEST FOR SPECIAL EXCEPTION AND ALSO A LETTER FROM VIRGINIA HENDRY WHICH OPPOSED THE GRANTING OF TIIIS SPECIAL EXCEPTION. THE BOARD QUESTIONED AT LENGTH THE PROSPECTIVE LESSEES AND THE. TYPE OF MANUFACTURING AND RETAIL OPERATION THAT THEY WERE PLANNING TO CARRY ON AT THIS SITE. MR. HOWARD GOULD, A NEIGHBORING PROPERTY OWNER,. POINTED OUT TO THE BOARD THAT HE WAS CONCERNED WITH THE PARKING FACILITIES AT THE BUILDING IN QUESTION BECAUSE IN THE PAST THE OCCUPANTS OF THAT BUILDING HAVE USED ITIS PRIVATE PROPEF.TY FOR PARKING. MR. LAWS FELT THAT THE APPLICANT HAD NOT PULLY COMPLIED WITH SECTION 645.22 OF TRE ZONING ORDINANCE. AND FELT A SKETCH DEPICTING OFF-STREET PARKING FOR THE BUILDING SHOULD DE SUBMITTED TO THIS BOARD AND ALSO THAT THE THE APPLICANT SHOULD RESPOND TO PARAGRAPH 645,22 OF ZONING ORDINANCE 10-75. MR. LAWS MOVED TO CONTINUE THIS HEARING UNTIL THURSDAY, MARCH 3, 1977 AT 7:30 P.M. MR. JANDREAU SECONDED MOTION. MOTION PASSED UNANIMOUSLY, CHAIMAN MEGUTAR DETAILED THE ITEMS THAT THE APPLICANT 'SHOULD SPECIFICALLY ADDRESS HERSELF TO IN COMPLIANCE WITH ,THE BOARD'S REQUEST AND ALSO POINTED OUT THAT THIS HEARING WOULD FOLLOW .THE CONTINUATION OF HEARING ON REQUEST NO. 77-1, FIRST INTERSTATE. AT 10:40 MEETING WAS CONTINUED UNTIL THURSDAY MARCII 3, 1977 AT 7:30 P.M. r• l tFFICIAL RECORD DO NOT REMOVE CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MARCH 3, 1977 (CONTINUED FROM FEBRUARY 28) THE BOARD OF ADJUSTMENT OF THE CITY OF.. CAPE CANAVERAL CONTINUED THE FEBRUARY 28 MEETING ON I•!ARCH 3, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. BOARD MENDERS PRESENT WERE: MR. MEGUTAR-CHAIRI-IAN MR. THURI•I -VICE CHAIRMAN. MR. MUHS MR. LAWS MR. JANDREAU MR. BRADY ALTERNATE MEMBER WAS ABSENT MR. JOHN KADBOORD-ASSISTANT CITY ATTORNEY MR. BOB WHITE -BUILDING OFFICIAL MR. EDWARD BALOUGH-CONSULTAIIT MR. RICK STOTTLER -FIRST INTERSTATE MRS. PATRICIA BEAULIEU -SECRETARY ITEM 1. REQUEST 1440. 77-1 FIRST INTERSTATE RPUD MR. MEGUTAR EXPLAINED THAT AT THE FEBRUARY 28 MEETING THE BOARD OF ADJUSTMENT HAD ASKED MR. SCOTT, MR. BALOUGH, 1 -JR. WHITE AND MR. STOTTLER TO MEET TO RESOLVE FOUR QUESTIONS THAT THE BOARD FELT NEEDED ANSWERING BEFORE THEY COULD COMPLETE THEIR REVIEW OF FIRST INTERSTATE'S FINAL APPLICATION OF STAGE 1. CHAIRMAN MEGUTAR THEN READ ALOUD MR. SCOTT'S MEMORANDUM TO THE BOARD DATED MARCH 3, 1977,. WHICH DETAILED THE OUTCOME OF THAT MEETING. *THIS M-NIORANDUM IS MADE A PART OF THIS RECORD AND IS ATTACHED TO THESE MINUTES. AFTER READING THE MEMORANDUM, A SHORT DISCUSSION FOLLOWED REGARDING THE NUMBER OF UNITS TO BE. BUILT IN THIS FIRST PHASE OF THE DEVELOPMENT AND THE NUMBER I17 ADDITIONAL PHASES, PARKING PLACES AND THE CITY ACQUIRING THE TITLE TO THE SEWER MAINS AND LINES. MR. STOTTLER ANSWERED, THE QUESTIONS RESPECTIVELY, 25 LIVING UNITS AND THE NUMBER IN FUTURE PHASES COULD VARY;, PARKING SKETCH WAS ACCEPTED BY BOARD OF ADJUSTMENT. AT A PREVIOUS REETING ON FEBRUARY 9, 1976 AND THAT THERE WERE. TWO SPACES FOR EVERY LIVING UNIT; THE CITY WOULD ACQUIRE TITLE ONLY TO THE MAINS AND NOT THE SERVICES. NR. MUHS MADE A MOTION TO ACCEPT THE APPROVAL OP THE FINAL DEVELOPMENT PLAN IN THE FOLLOWING FORI.1: "I MOVE THAT. THE APPLICATION FOR FINAL DEVELOPMENT OF THE RPUD. KIlTOi;TI AS PUERTO DEL SOL, FILED BY FIRST INTERSTATE CORPORATION BE APPROVED WITH THE FOLLOWING CONDITIONS; I. THAT PROOF OF PAYI.IENT OF THE 1976 TAXES MUST BE FILED WITH THE CITY BEFORE BUILDING PERMITS WILL 13E ISSUED, AND THAT 1258 OF THE CITY TAXES ON THE LAND AREA ENCO':PASSED IN STAGE 1 BE ESCROWED WITH THE .CITY. 2. THAT THE APPLICANT COMPLY WITH ALL THE PROVISIONS OF THE STATEMENT OF JUSTIFICATION AND ADDENDUM TO STATEMENT OF JUSTIFICATION, WHICH WAS PART OF THEIR PRELIMINARY APPLICATION, EXCEPT WHERE OTHERWISE CHANGED BY THE BOARD OF ADJUSTMENT. 3. THAT THE APPLICANT COMPLY WITH ALL OF THE OTHER CITY ORDINANCES AND BUILDING CODES OF THE CITY OF CAPE CANAVERAL, FLORIDA AS MAY BE PERTINENT TO THIS DEVELOPMENT." MR. LAWS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. MEGUTAR SUGGESTED THAT EACH BOARD MEMBER WRITE OUT THEIR VOTING PHILOSOPHY AND TURN IT IN TO BE ATTACHED TO THE MINUTES. * IN ADDITION 70 I'M- S071T'S ?=30RANDIA•1 ALL OTI'm OOCIS;ENTS RECEIVED BY THE DOARD MEMBERS AT THIS M7ARC 13, 1977 HEARING HAVE BEEN MADE A PART OF THE RECORD AND 10MIN1•D IN THIS FILE. ITEM 2. REQUEST NO. 77-2 J. WARWIN FOR SPECIAL EXCEPTION MRS. HELEN NIORELLI WAS PRESENT FOR THIS HEARING AND PASSED OUT A SKETCH SHOWING PARKING SPACES FOR THE BUILDING AT 101 LONGPOINT ROAD AND ALSO A LETTER TO THE BOARD SHOWING COMPLIANCE TO SECTION 645.22 OF ZONING ORDINANCE 10-75. MR. O'BRIEN AND MR. FERGUSON ARRIVED AT THE HEARING AT THIS TINE. MR. MEGUTAR READ ALOUD THE LETTER FROM NRS. MIORELLI. AND THE BOARD REVIEWED THE SKETCH AND ASKED QUESTIONS. NR. THURM MOVED THAT THE BOARD OF ADJUSTMENT APPROVE SPECIAL EXCEPTION REQUEST FOR THE APPLICANT JERRY WARWIN AS PRESENTED WITH AMERICAN BOON AND BARRIER 014E LESSEE AND SUN••GLO ANOTHER LESSEE. MR. LASPS SECONDED NOTION. NOTION CARRIED OFFICIAL RECORD DO NOT REMOVE UNANIMOUSLY. CHAIRMAN 14EGUTAR REQUESTED THAT THE BOARD WRITE DOWN THEIR VOTING PHILOSOPHY ON THIS REQUEST AND TURN IT IN TO BE ATTACHED TO THESE MINUTES. 1-IRS. MIORELLI'S LETTER AND SKETCH ARE ALSO ATTACHED TO THESE MINUTES FOR THE RECORD. I-ILIETI14G ADJOURNEDAT 8:15 P.M. APPROVED THIS 2nd DAY OF MAY , 1977. C IRPIAN BOARD OF DJUS I ,NT RESPECTFULL SUBMITTED OAIAI RECORD i7 -0044n DO NOT REP1i0VE M1 MEMORANDUM March 3, 1977 TO. GEORGE Board of Adjustment, �Ci yChairman Cape Canaveral FROM: RICIIARD F. SCOTT City Attorney SUBJECT: FINAL APPLICATION OF PUERTO DEL SOL, R. P. U. D. Due to a previous commitment, I will be unable to attend the continuation of the hearing tonight regarding First interstate's R. P. U. D. for Puerto Del Sol. The meeting was continued until tonight because of certain unresolved matters. Mr. Stottler of Interstate, Bob re and myself met onTusdaymorng todiscuss these issues. Weoposedth following: 1. Any approval by the [bard of Adjustment would be contingent upon First interstate providing the City with a receipt for the 1976 real property taxes, and placing in escrow with the City 1257, of the 1977 City taxes on tite real property encompassed in stage 1. 2. First Interstate will dedicate to the City the entire parcel containing the 20 feet to tite south of harbor Heights,' rather than dedicating them to each one of tite property owners in harbor Ileights, as originally suggested. 1 would suggest that the Board accept such a dedication to the City, upon approval ofthe City Council. In the event the City Council Would not want to take rite land, then First Interstate could either dedicate it to the property owners or retain it themselves. 3. First Interstate has agreed to provide for a Homeowners' Association by form of a non-profit corporation, similar to a condominium arrangement, wherein the unit owners in Puerto Del Sol will be members of the Association, and will have control over and own all of the common open space, roadways, parking areas and recreational areas. As is required by the ordinance, First btterestnte has filed with the City a copy of its proposed By-laws for such a I omeowners Agreement. I have reviewed these By-laws, as well as a contract between First Interstate and tite liameowners' group, which provides that upon completion of the project, or abandonment by First Interstate, all of tite common C":"1=1CIAL RECORA co NOT REMOVE Page 2 Memorandum March 3, 1977 deeded to the PL by said contractl bl:irstth tctstateagrcllomemaimaingro I[ak ,ate of these meantime, common open spaces, 4. The Board expressed some concern about development of the recreational area As you are aware, the ordinance only requires First Interstate s begin con%vii ch call . some percentage of the recreational area, along weed stage i. which really is not an adequate solution. First Interstate has agreed to move the construction of the recreational area, wherein said construction shall begin concurrently with the construction of stage 4. Therefore, the time schedule on the map indicating the scheduling of the stages should be amended to show that the recreational area will be con- current with stage 4 of the development. I believe all of the resolved for above items cover the items which were left to be ing thNs hese items meeting. ations regarding tIt is my opinion that the above recommend - are within the requirements of thD. e R. P, U. by the Board.htattce and are in tile best interests of the City and should be considered by If any of the Board members otion; would wish to make a motion accepting lodof the final development plan, I suggest the follewing form of ,approval "It is moved that the application for final development of the R,P. U. D. known as Puerto Del Sol Corporation, , filed by First Interstate be approved with the following conditions: 1• That proof of payment of the 1976 taxes must be filed with the City before building permits will be issued, and that 125,W of the City taxes on the land area encompassed in stage 1 be escrowed with the City. 2, That the applicant comply with all of the provisions of the eStatement of Justification and ustification,Addendum to Statement of xcept where otherwise changed by theBoardof Adjustment. 00 fj6 f(ECORD ® T VEMiOVE Page 3 Memorandum March 3, 1977 3• That the applicant d building codes of the City of Cape comply with all of the other ordln an may be Pertinent to this developm^ Canaveral, ent. ances Florida, as by QY way of reminder, please rememberte Board of Adjustment that'the approval any 11 tIonphilosophyof tle ard Igse by four aMrmative v and that tilepart of the record. granting or denying the applicationmust be made Respectfully submitted, c taro colt City Attorney RPS/t Is 04wt..,« ��eJ U1�a�cq eJ J � / J v Y ■ I® f t3 r City of Cape Canaveral '"�'4r Cr L+ }� io° a +. nuT un•+ca.. nonio. ]]rxa °iT]0f GM U.TrnrA BOARD OF ADJUSTMENT JANUARY 17, 1977 7:30 P,N. '00 CITY HALL- AGENDA '.. CALL TO ORDER ROLL CALL. MINUTES OF OCTOBER 4, 1976 ITEM 1, REQUEST $76-3 VARIANCE OF SETBACK REGULATIONS TO CONSTRUCT SINGLE 'FAMILY RESIDENCE AT THE FOLLOWING LOCATION: AVON -BY -THE -SEA, LOT 6, BLOCK 55, 23 24 37 ADJOURN 0 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JANUARY 17, .1977 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON JANUARY 17, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN GEORGE .MEGUTAR.. THE ROLL WAS CALLED BY SECRETARY SANDY KEANE. BOARD MEMBERS PRESENT: MR. MEGUTAR CHAIRMAN MR. THURM - VICE. CHAIRMAN MR. MUHS M.R. LAWS MR. BRADY _ ALTERNATE MR. JANDREAU - ABSENT ALSO PRESENT: MRS INEBOYD EX RICHARD SCOTT CITY OFFICIO MEMBER MR. SIDNEY SPECTOR PETITIONER MR. BILL HAMMETT AlA REALTY THE MINUTES OF THE OCTOBER 4, 1976 MEETING WERE READ BY THE SECRETARY. MR. THURM MOVED THAT TIME MINUTES BE APPROVED AS READ. MOTION CARRIED UNANIMOUSLY. ITEM 1. REQUEST CONSTRUCT3 SINGLECE OF FA14ILYSETBACK RESIDENCE AT THE NS O FOLLOWING LOCATION: AVON -BY -THE -SEA, LOT 6,' BLOCK 55, 23, 24, 37 CHAIRMAN MEGUTAR READ A LETTER FROM DR. RUSSELLWEINSTEIN, OWNER OF THE PROPERTY, STATING THAT MR. SIDNEY SPECTOR, OR HIS AGENT,. HAD DR. WEINSTEIN'S PERMISSION TO APPLY FOR A VARIANCE NEEDED O CONSTRUCT A SINGLE FAMILY, RESIDENCE. MR.. MEGUTAR. ALSO READ A LETTER FROM PROPERTY OWNER ROBERT M. SCULLY WHICH OBJECTED O THE GRANTING OF A VARIANCE OF SETBACK REGULATIONS TO CONSTRUCT A SINGLE FAMILY. RESIDENCE. MRS. LAVERNE BOYD READ THE PLANNING AND ZONING BOARD'S 'RECOMMENDATION TO DISAPPROVE THIS REQUEST AND THE BOARD'S REASONS FOR THIS DECISION. MR. MEGUTAR ASKED IF MR. SIDNEY SPECTOR WAS IN THE AUDIENCE. MR. SPECTOR WAS PRESENT, HOWEVER, HE REQUESTED THAT MR. BILL HAMMETT,REALTOR WITH AlA REALTY, BE ALLOWED TO PRESENT HISRESEARCH ON THIS REQUEST FOR VARIANCE. 0 O BOARD OF ADS MINUTESOF 1-17-77 PAGE 2 OF 3 PrQUEST 075-3 IN STATING HIS CASE MR. HAMMETT POINTED OUT TO THE BOARD THAT THIS WAS THE LAST CORNER LOT ON RIDGEWOOD THAT WAS 50 BY 125 AND UNDEVELOPED.. MR. BRADY MENTIONED POPULATION PREDICTIONS POINT TO THE POSSIBLE. NECESSITY OF WIDENING OF RIDGEWOOD AVENUE•. TO ACCOMMODATE TRAFFIC FLOW IN THE FUTURE. MR. SCOTT REQUESTED THAT MR. HAMMETT SPECIFY EXACTLY WHAT VARIANCE FROM THE ORDINANCE. THEY WERE SEEKING. MP.. HAMMETT'S REPLY WAS - ON THE FRONT WE ARE ASKING FOR A SETBACK OF 1S FEET AND ON THE REAR OF. THE LOT, WHICH BACKS UP. AGAINST SANDPEEBLES PARKING AREA, WE ARE ASKING FOR 7 FEET - WE ARE NOT ASKING FOR ANYTHING ON THE NORTH OR SOUTH OF THIS LOT. MR. PRINK, PRESIDENT OF THE SANDPEEBLES CONDOMINIUM ASSOCIATION, SPOKE FOR THE ASSOCIATION MEMBERS 14110 WERE OPPOSED TO THE GRANTING OF THIS VARIANCE FOR. THE FOLLOWING REASONS: A RESIDENCE SO CLOSE TO THE ROAD WOULD OBSTRUCT THE VIEW OF TRAFFICI THE WIDENING OF RIDGEWOOD AVENUE IN 171E FUTURE WOULD PLACE THIS RESIDENCE TOO CLOSE TO THE ROAD AND IN. THE FUTURE SANDPEEBLES IS PLANNING ON PLACING GARAGES ALONG THE REAR OF THIS I.OT LINE AND SANDPEEBLES OWNERS FELT THAT THIS WOULD BE OBJECTIONABLE TO THIS PROPOSED 11011E OWNER. MR. HAMMETT POINTED OUT THAT THE VIEW OP TRAFFIC WOULD NOT BE OBSTRUCTED BYTHIS PROPOSED RESIDENCE AS IT CONFORMED TO THE ORDINANCE REQUIREMENTS WHICH CALL FOR A RADIUS OF 50 FEET ON A CORNER AT A 45 DEGREE ANGLE FROM THE CORNER. MR. SCOTT BROUGHT OUT THAT THIS LOT FELL IN THE NON- CONFORMING PORTION OP THE ZONING ORDINANCE AS FAR AS THE SQUARE FOOTAGE REQUIREMENT AND THAT IT WAS NOT. NECESSARY FOR THE BOARD OF ADJUSTMENT TO CONSIDER THE SQUARE FOOTAGE IN ARRIVING AT A DECISION ON THIS REQUEST FOR VARIANCE. MR. LAWS QUESTIONED THE FACT THAT THE DENIAL OF THIS VARIANCE WOULD DENY THE OWNER OF THE PROPERTY THE RIGHT TO BUILD. MRS. BOYD BROUGHT OUT THE FACT THAT THE PLANNING AND ZONING BOARD'S DENIAL TO THE APPLICANT OF THE VARIANCE WAS NOT. DENYING THE PROPERTY OWNER AS THE APPLICANT WAS JUST A PROSPEC- TIVE BUYER 01' THIS PIECE OF LAND. FURTHER DISCUSSION FOLLOWED ON THIS AND MR.. CALF., MR. MARINO, MR. GRUMBLATT AND MR. KING TN THE AUDIENCE VOICED THEIR OBJECTIONS TO THE GRANTING OF THIS VARIANCE. IT WAS SUGGESTED THAT ATTORNEY SCOTT CLARIFY THE LEGAL ASPECTS OF GRANTING A VARIANCE. MR. SCOTT READ THE REQUIREMENTS IN THE ORDINANCE AND FURTHER EXPLAINED THAT THE PRIMARY LEGAL ARGUMENT REGARDING A VARIANCE IS WHETHER OR NOT THERE IS A HARDSIIIP. THE HARDSIIIP CANNOT BE BROUGHT ABOUT BY THE ACTIONS, OF THE APPLICANT HIMSELF. HE ALSO STATED THAT WHEN BUYING LAND AFTER THE EXISTANCE BOUGHT OF THE ZONING ORDINANCE THE ,BUYER WOULD HAVMTHE HARDSHIP AND IT IS NOT A LEGAL HARDSHIP.. MR. SCOTT ALSO MENTIONED THAT 117 THIS CASE HE WOULD HAVE TO POINT OUT THAT MR. SPECTOR HAS THE PERMISSION OF THE OWNER TO FILE THIS APPLICATION AND ACCORDING TO THE ZONING ORDINANCE THAT IS ADEQUATE. MR. SPECTOR DOES HAVE THE RIGHT TO MARE THIS APPLICATION. MR. THURM MOVED THAT THE BOARD OF ADJUSTMENT APPROVE THE ACTIONS OF THE PLANNING AND. ZONING BOARD AND DENY THE REQUEST. MR. NUNS SECONDED THE MOTION. THE BOARD VOTED UNANIMUUSLY IN FAVOR OF THE MOTION. .VARIANCE WAS DENIED. MR. BRADY MOVED TO ADJOURN THE MEETING AT 8:25 P.M. MR. LAWS. SECONDED THE MOTION. APPROVED THIS1 Y DAY OF ,(( U2 ' 1977. . i I CVV RLC.L[Q\1 RESPECTFULL SUBMITTED SECRETARY 41 J {Q 0 GE M AR CHAIRMAN BOARD OF DJUST NT BOARD OF ADJUSTMENT MINUTES OF 1-17-77 PAGE 3 OF 3 PAGES REQUEST 176-3