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HomeMy WebLinkAboutBOA 1978 Minutes & Agendas°} f City of Cape Canaveral 10]P0LNAVENUE . CAPE CENEVEN- ELOMIOA]iE]O TELEPNONE ]O] )E]1100 L4L twY[AY ytf' BOARD OF ADJUSTMENT OCTOBER 2, 1978 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF AUGUST. 21 CONTINUED TO AUGUST 29 ITEM 1. STAGEST5 AND78-10 7 OF FIRST`aINTERSTATEAND 'rSLOF R.P.U.D. (OCEAN WOODS) ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT OCTOBER 2, 1978 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON OCTOBER 2, 1978, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MIEETING WAS CALLED TO ORDER AT 8:09 P•111• BY CHAIRMAN RICKMAN. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE: JAMES RICKiMN - CHAIRMAN ROBERT LAWS - VICE CHAIRMAN CHARLES MUHS - MEMBER GEORGE VIOLEVER - MEMBER JOAN CALVERT - MEMBER RUSSELL LLOYD - ALTERNATE MEMBER RICHARD F. SCOTT - CITY ATTORNEY ELVIN ALLEN - BUILDING OFFICIAL JOAN FOSDICK - SECRETARY ALSO PRESENT WERE: TO;Q WASDIN - OCEAN WOODS RICH4RD STOTTLER - FIRST INTERSTATE CHARLES HARRIS - ATTORNEY, FIRST INTERSTATE MR. LAWS MADE A MOTION TO APPROVE THE MINUTES OF THE MEETING HELD AUGUST 21 AND CONTINUED ON AUGUST 29, 1978, AS WRITTEN. MR. MORS SECONDED THE MOTION. SECRETARY CALLED ROLL AND BOARD VOTED. UNANIMOUSLY TO ACCEPT MINUTES AS WRITTEN. ITEM 1 RAF UEST NO 78 -SO REVIEW AND APPROVAL OF STAGES AND OP FIRST INTERSTATE'S R.P.U.D. OCEAN WOODS CHAIRMAN RICKMAN REQUESTED PETITIONER GIVE A DESCRIPTION OF AIS REQUEST. MR, STOTTLER EXPLAINED THE REASON FOR THE REQUEST WAS TO OBTAIN APPROVAL FOR STAGES 5 AND 7 OF FIRST INTERSTATE'S R.P.U.D. ,(OCEAN WOODS). HE STATED THEY WERE PRESENTLY OUT OF TOWNHOUSE UNITS1 AND BASICALLY, THIS REQUEST IS TO PROVIDE MORE TOWNHOUSE UNITS SIMILAR TO OTHER PLANS SUBMITTED. HE NOTED THAT THEY WILL BE CONSTRUCTING A SWIMMING POOL IN TRACT A FOR ADULTS ONLY AND ANOTHER IN THE RECREATIONAL AREA FOR FAMILY USE. MR. RICKMAN STATED THAT IT HAD BEEN NOTED THAT SOME UNITS IN STAGE 7 CONTAINED MORE THAN FOUR UNITS. MR. STOTTLER REPLIED THAT IA -10 BUILDINGS CONTAINED SIX UNITS. HE.EXPIAINGD THAT THE REASONS WERE THE TOPOGRAPHY, THE FACT THAT WITH MORE UNITS PER BUILDING THE MORE EFFICIENTLY YOU COULD USE THE LAND. AND TO PROVIDE LARGER. OPEN SPACES IN OTHER AREAS. MR. RICKMAN ASKED IF THIS HAD ANY EFFECT ON THE. DENSITY. AND ISR. STOTTLER REPLIED THAT THE TOTAL DENSITY WOULD NOT EXCEED 304. THE FLOOR WAS OPENED TO PROPERTY OWNERS WHO WERE IN FAVOR OR IN OPPOSITION TO THE REQUEST. 6:RS. ALICE BURKE.OF 353 CORAL DRIVE WAS OPPOSED TO THE PROJECT BECAUSE WHEN IT WAS APPROVED BY THE COURT IT WAS SUPPOSED TO BE QUAD UNITS; I.E.,SINGLE FAMILY ATTACHED HOUSES WHICH WERE NOT EVEN SUPPOSED TO BE SIDE BY SIDE AT THE TIME AND NOTHING WAS SAID ABOUT SIX UNITS. MR. RICKY,AN ASKED WHAT MRS. BURKE's SPECIFIC OBJECTION WAS AND SHE REPLIED THAT EACH TIME THEY WERE GOING A LITTLE OVER WHAT THE COURT HAD ORIGINALLY APPROVED. MR, RICKMAN ASKED MR, SCOTT IF THEY WERE TIED TO THE COURT RULING. MR. SCOTT STATED THAT THE COURT ACCEPTED THEIR STATE 61ENT OF JUSTIFICATION AND IT WAS UP TO THE BOARD TO DECIDE WHETHER THEY ARE STAYING WITHIN IT AND THE R.P.U.D. ORDINANCE. MR. STOTTLER. STATED THEY WERE COMPLYING. WITH THE ZONING.ORDINANCE AND THE STATEMENT OF JUSTIFICATION AND COULDN'T SEE ANY OBJECTION TO SIX. UNITS PER BUILDING. MR. SCOTT ASKED MR. ALLEN IF HE HAD CHECKED THE DENSITY AND ILE REPLIED THAT HE HAD. IN RESPONSE TO A QUESTION ASKED BY MR. MUHS,,61R. ALLEN REPLIED THAT THE BUFFER IN RELATION TO HARBOR HEIGHTS WAS NOT AFFECTED BECAUSE IT WAS ON THE SOUTH SIDE OF TILE PROPERTY. MR. STOTTLER RESPONDED TO MR. LAPIS' QUESTION THAT THE BUFFER WAS 35 FEET AS CALLED FOR IN THE PROJECT. AT LIR. LAWS' REQUEST FOR ADDITIONAL INFORB'ATION ON THE STATEMENT OF JUSTIFICATION AND THE COURT RULING, MR. SCOTT READ THE RULING AND STATED THAT THE STATEMENT OF JUSTIFICATION WAS THEIR PLAN WHICH THE CITY CONSTRUCTED THROUGH THE COURT ORDER; AND THAT SINCE THIS IS A SPECIAL EXCEPTION HEARING, IT WAS UP TO THE BOARD TO DECIDE 4IRETHER To APPROVE THE PLAN, MAKE RECOMMENDA- TIONS.OR REJECT IT AS .PRESENTED. HE STATED THAT AS LONG AS THEY BOARD OF ADJUSTMENT SO -2-7B PAGE 2 of 4 e MEET, THE SIZE REQUIRE6WNTS; Z.E., THE DENSITY AND THE OVERALL 150' LENGTH THEN IT IS WITHIN THE BOARD'S PROVINCE TO APPROVE THE EXCEPTION TO ALLOW THE ADDITIONAL UNITS. THERE WAS FURTHER DISCUSSION ON THE NUMBER OF, UNITS PER BUILDING. MR. .SCOTT 'ASKED MR. ALLEN IF THE SIZE OF THE UNITS WERE ACCEPTABLE TO THE CITY BASED ON THE STATEMENT OF JUSTIFICA- TION AND THE R.P.U.D. ORDINANCE. MR. ALLEN BRIEFED THE BGARD MEMBERS ON THE SIZE OF THE UNITS AND STATED THEY WERE FAR IN EXCESS OF THE REQUIREMENTS IN THE R.P.U.D. ORDINANCE. THERE WAS DISCUSSION ON SINGLE FAMILY ATTACHED/DETACHED AND MULTI -FAMILY UNITS AND THEIR DIFFERENCES. MR. WOLEVER BROUGHT TO. THE BOARD'S ATTENTION AN ITEM WHICH HE HAD SURFACED AT THE LAST MEETING; Z.E., THAT THEY WERE ,ASKING THE BOARD TO VIOLATE THE ZONING REGULATIONS AGAINi SPECIFICALLY, PARAGRAPH 3, SECTION U OF THE R.P.U.D. WHICH PERTAINS TO THE DEVELOPMENT OF THE RECREATIONAL AREA AT AN EQUIVALENT OR GREATER RATE THAN THE RESIDENTIAL AREA. THERE WAS FURTHER DISCUSSION ON THE VIOLATION OF THE ZONING ORDINANCE AND THE RECORDING OF STAGE 6 ON THIS R.P.U.D. MR. ALLEN AND MR. STOTTLER VERIFIED THAT STAGE 6 HAD BEEN RECORDED. MR. SCOTT REPHRASED A MOTION MADE BY MR. WOLEVERAS FOLLOWS: THAT THE BOARD APPROVE STAGES 5 AND y AS SUBMITTED THIS EVENING CONTINGENT UPON RECEIPT BY THE CITY OF ALL THE NECESSARY DOCUMENTS ON STAGES 5, 6, AND 7 INCLUDING THE CERTIFIED COPIES OF THE AMEND14ENTS TO THE DECLARATION OF RESTRICTIONS ON ALL THREE STAGESiAND FURTHER, THAT THE APPLICANT, OCEAN WOODS, COMPLY WITH THE R.P.U.D. REGULATIONS AS FAR AS THE RECREATIONAL AREAS ARE CONCERNED.61R. RICKMAN SECONDED THE MOTION. VOTE WAS BY ROLL CALL', MOTION CARRIED UNANIMOUSLY. MR. LAWS ASKED MR. SCOTT 4F HE HAD THE ANSWER TO MRS. CALVERT'S QUESTION CONCERNING BUFFER ZONE THAT SHE HAD ASKED ABOUT AT THE LAST MEETING. MR. SCOTT APOLOGIZED STATING THAT HE DID NOT AND DEFERRED THIS TO THE NEXT MEETING. BOARD OF ADJUSTMENT 10-2-y8 PAGE 3 of 4 MR. LAPIS MADE A, MOTION TO ADJOURN.MR. MUHS SECONDED THE MOTION. CHAIRMAN RICMI.AN ADJOURNED THE MEETING AT 9.00 P.M. APPROVED THIS DAY OF AWICI? 1978.• ,.�-iJA6IES RICKMAN, CHAIRMAN BOARD OF ADJUST14ENT :JOAN M. FOSDICK, 5ECRETARY BOARD OF ADJUSTMERT BOARD OF ADJUSTMENT SO -2-78 PAGE 4 of 4 x`4u1f ' ti ,•. City of Cape Canaveral 105 POLN ♦v[Nu[ • CAPE CANAVERAL. PLOSIPA 33020 [L[PNOE 3.1 1-1- , Emcr ' BOARD: OF ADJUSTMENT wcwunEu AUGUST 21, 1978. 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF JULY 31 MEETING AND AUGUST 8 MEETING ITEM 1. .REQUEST NO. 78-9 RE:. VARIANCE TO CONSTRUCT . - A POOL,. WALKS AND WALLS EASTWARD OF THE STATE COASTAL CONSTRUCTION SETBACK LINE AND EASTWARD OF LOTS 11 AND 12, BLOCK 55, AVON—BY—THE—SEA, SECTION 23, TOWNSHIP 24, RANGE 37. PETITIONER JERRY MARATHON, OWNER OF THE, PROPERTY. ADJOURN N O T I C E '.. N 0 T I C E THE BOARD OF ADJUSTMENT MEETING OP AUGUST 21, 1.978' WAS CONTINUED UNTIL AUGUST 29, 1978 DUE TO THE FACT THAT ALL FIVE BOARD MEMBERS WERE NOT PRESENT TO HEAR THE .REQUEST FOR VARIANCE.' 0 A cTTY OF CAPE CANAVERAL ISOARD OF ADJUSTMENT AUGUST 21, 1978 THE HOARD OF ADJUSTMENT 017 TIME CITY OP CAPE CANAVERAL MET ON AUGUST 21, 1978, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL,FLORIDA. TI IE MEETING WAS CALLED TO ORDER AT 7:30 P. M. BY VICE' CHAIRMAN LAWS. MRS. CALVERT WAS RECOGNIZED AS A REGULAR BOARD MEMBER, HER APPOINTMENT HAVING BEEN APPROVED BY THE CITY COUNCIL ON AUGUST 15, 1978. TIIE7 ROLL WAS CALLED I3Y TIME SECRI-TARY. BOARD MEMBERS PRESENT WERE: ROBERT LAWS VICE CHAIRMAN CHARLES MUMS GEORGE WOLEVER JOAN CALVERT RICHARD F. SCOTT CITY ATTORNEY WAYNE RUTHERFORD - EX -OFFICIO A-MEMBE7R' ELVIN ALLEN - BUILDING OPFICIAL JOAN FOSDICK - SECRE*FARY ALSO PRESENT WERE: CARL CODDINGTON - REI?./MARATHON MARY CODDINGTON RE7P./NIARATIION SAL ALEGUAS ALOIIA REALTY MINUTES OF JULY, 31 AND AUGUST 8, 1978, ME-rhNGS WL7RE READ BY THE SECRETARY. MR. MUMS REQUESTED THAT ITEM 1, LINE 5, OF 711E MINUTES OF AUGUST 8 BE AMENDED TO READ, "ATTORNEY SCOTT STATED 'MAT ALTERNATE MEMBERS COULD NOT BE NOMINATED Olt CONSIDERED FOR ELECTION TO CHAIRMAN OF TI1E BOARD," INSTEAD OF MR. MUHS. MR. WOLEVER MADE A MOTION TO APPROVE THE MINUTES AS AMENDED. MRS. CALVERT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1; REQUEST NO. 78-9 RE: VARIANCE TO CONSTRUCT A POOL, WALKS AND WALLS EASTWARD OF TIME STATE COASTAL CONSTRUCTION SE'113ACK LINE AND 'A 1' F1' BLOCK L 1 A -B -T E- 1,SECTION 23, T H I NS' RANGE 37. PETITI NER JERRY MARATHON, OWNEW UP -11 1E PROPER -1Y. AT THE REQUEST OF THE VICE CHAIRMAN, THE SECRI TRY CONPIR,MIA) VERIFICATION OF PROPER NOTIFICATION AND ADVERTISEMENT ON -1.1115 REQUEST 1-011 VARIANCE. DISCUSSION FOLLOWED AMONG BOARD MEMBERS, CITE' A-1-FORNEY, AND PROPONENT'S'REPRESE NTATIVES ON RESULT OF VOTE IN ABSENCE OF -1.112 FIFTH BOARD MEMBER, CHAIRMAN RICKMAN WHO WAS EXPECTED TO CALL Olt ARRIVE AROUND 8:30 P.M. VICE CHAIRMAN LAWS ENTERTAINED A M011ON TO RECESS UNTIL THEY HEARD FROM CHAIRMAN RICKMAN. MRS. CALVERT MADE A MOTION 1'0 RECESS. MR. MUI15 SrCONDED 1'112 \MOTION. MOTION CARRIED UNANIMOUSLY AND. BOARD RECESSED AT 7:50 P.M. VICE CHAIRMAN LAWS RECALLED THE MEETING TO ORDER AT 8:30 P.M. AND STATED, NO WORD HAD BEEN RECEIVED FROM CHAIRMAN RICKMAN. HE ASKED TUE PROPONENT'S REPRi:SENTA- 11VES IF THEY HAD ANY OBJECTION TO THE BOARD PROCEEDING WANE THE: REQUEST, AND THEY STATED THEY WOULD LIKE TO POSTPONE 171E HEARING OF THIS REQUEST FOR VARIANCE. AFTER THE BOARD HEARD OPPOSITION FROM SEVERAL PROPERTY OWNERS REFERENCE THE POSTPONEMENT, MR. MUIIS MADE A MOTION TO CONTINUE'• THE MEETING ON AUGUST 29, 1978, AT 7:30 P.M. MRS. CALVERT SECONDED THE MOTION. VOTE WAS BY ROLL CALL. MOTION CARRIED UNANIMOUSLY. MR. Mulls MADE MOTION 'I'D ADJOURN. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT 8:30 P.M. MEETING WAS CON'TINUE'D 1-0 AUGUST 29, 1978, AT 7:30 P.M. BOARD OF ADJUST[dENT 8-21-78 Page 2 of 2 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT AUGUST 29, 1978. THE AUGUST 21 b_,ETING OF THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CAI,'A'lEPAL WAS CONTINUED 014 AUGUST 29, 1978, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING RECONVENED AT 7,38 P.M. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENTWERE, JAMES RICKMA`I - CHAIRMAN ROBERT LAWS - VICE CHAIRMAN CHARLES MONS GEORGE WOLEV7-R JOAN CALVERT RICHARD F. SSOTT - CITY ATTORNEY ELVIN ALLEN BUILDING OFFICIAL JOAN FOSDICK. - BOARD SECRETARY ALSO PRESE14T WERE, SAL ALEGUAS - ALOHA REALTY CARL CODDING_ON - REP /MARATHON MARY CODDINGTON - REP./MARATHON. VICE CHAIRI-AN LAWS ADVISED CHAIRMAN RICKMAN OF THE ACTION TAKEN BY THE BOARD AT THE AUGUST 21 MEETING. CHAIRMAN HICKMAN REQUESTED PROPONENT -S REPRESE14TATIVE TO PRESENT HIS CASE. MR. SAL ALEGUAS PRESENTED THE O.'INER'S PROPOSAL TO CONSTRUCT A POOL WHICH WILL EXTEND BEYOND THE COASTAL CONSTRUCTION SETBACK IN FRONT OF THE CONDOMINIUM. VICE CHAIRMAN LAWS, CHAIRMAN RICKMAN AND ATTORNEY SCOTT ASKED THE REPRESENTATIVE TO EXPLAIN EXACTLY WHAT THE VARIANCE WAS THAT THEY WERE REQUESTING. CHAIRMAN HICKMAN CITED ALL FOUR REQUIREi•iENTS WHICH MUST BE SATISFIED WHEN REQUESTING A VARIANCE. MR. SAL ALEGUAS ADDRESSED EACH REQUIRE- MENT AS ANSWERED BY THE OWNER, COPY ATTACHED. MRS. E. BUTTE STATED THAT THE EXISTING BUILDINGS WERE BUILT PRIOR TO THE COASTAL CONSTRUCTION ,SETBACK .RULING, AND THAT SHE WAS DEFINITELY OPPOSED To ANY BUILDING BEYOND THAT SETBACK AND THE DISTURBA14CE OF THE DUNE LINE. ATTORNEY SCOTT REQUESTED THAT ALL THOSE .,110 WERE IN FAVOR OF THE APPLICANT'S REQUEST BE AFFORDED AN OPPORTUNITY TO ADDRESS THE BOARD BEFORE HEARING THE OPPOSITION. MR. JACK bOL111E, CAPE KENNEDY REALTY, STATED THAT THE COASTAL CONSTRUCTION SETBACK LINE WAS ESTABLISHED AS A TE57ORARY LINE BY THE DEPT. OF NATURAL RESOURCES AND APPROVED BY THE, STATE AND WAS SET 'FOP. THE WHOLE COUNTY. HE STATED THAT THE LINE WAS NOT INFLEXIBLE AND THAT IT WAS POSSIBLE TO LOVE THE LINE FORWARD OR BACKWARD,DEFE14DING ON CONDITIONS OVER THE. NEXT 200-300 YEARS. HE FURTHER STATED THAT THIS PORTION OF LAND IS ONE OF ACRETION, THAT ANY APPLICANT COULD GET APPROVAL DEPENDING ON THE MERITS OF THE CASE, AND THAT THE APPLICANT IS ONLY ASKING TO BUILD THE POOL BEYOND THE SETBACK.. LIR. MOLINE STATED THAT 'THE PEOPLE. WHO OWN THAT LAND GAVE UP TITLE TO THEIR PROPERTYI 'I.E., THEY OWN THE, LAND BEYOND THE DUNE LINE TO WHAT USED TO BE THE MEAN RIGH WATER, AND TO DENY THEM THE USE. OF THIS LAND IS INVERSE CONDEMNATION. HE REFERENCED MEETINGS, WHICH WERE HELD BY THE DEPT. OF,NATURAL RESOURCES AND THAT ANY APPLICATION IS TO BE REVIEWED ON THE BASIS OF ITS MERIT AND THE ADJACENT PIECES OF PROPERTY. THERE WAS FURTHER DISCUSSION ON THE EXACT LOCATION OF THE DUNE LINE. MR. MOLINE AGAIN STATED THAT THE APPLICANT WAS ONLY REQUESTING CONSTRUCTION OF A POOL WITHIN THE AREA AND NOT A BUILDING AND THAT THE SAND PEBBLES AND CANAVERAL TOWERS BUILDINGS WERE BOTH BEYOND THIS AREA. HE RESTATED THE ITEMS MENTIONED ABOVE. CHAIRMAN RICKMAN ENTERTAINED QUESTIONS FROS1 THE BOARD, AND ASKED MR. ALLEN IF HE HAD ANY COM1.1ENTS AND. COULD C014FIRM THE VEGETATION LINE. MR. ALLEN STATED THAT IN HIS OPINION 'AND THE CRITERIA THE STATE USES IN GRANTING VARIANCES OF THIS NATURE, THE REQUEST WOULD BE TURNED DOWN. THERE WAS FURTHER DISCUSSION ON THE SANDBAGGING OF THAT AREA AND THE LANDFILL WHICH WAS SUBSEQUENTLY ADDED. CHAIRMAN HICKMAN ENTERTAINED QUESTIONS FROM PROPERTY OWNERS WHO WERE DIRECTLY AFFECTED. THERE WAS DISCUSSION ON WHEN. THE DNR LINE WAS ESTABLISHED AND THE EXACT LOCATION. OF THE DUNE LINE. BOARD OF ADJUSTMENT. 8-29-78 Page 2 of 4 ATTORNEY SCOTT STATED THAT THE CITY'S ZONING ORDINANCE PROHIBITS CONSTRUCTION EASTWARD. OF THE COASTAI, CONSTRUCTION SETBACK LINE. HE STATED THAT THE STATE DOES ALL071 VARIANCES IN THAT AREA PROVIDED CERTAIN CONDITIONS ARE MET. ONE CONDITION IS THAT THEE CITY i]UST FIRST APPROVE THE REQUEST AND THE CITY. DOES NOT HAVE THE SA:.:E CRITERIA AS THE STATE. MR. DICK CALE, SAND PEBBLES, ADVISED THE BOARD THAT ON PAGE 84 OF THE ZONING ORDINANCE, PARAGRAPH 643.13, STATES THAT, A VARIANCE MUST BE GRANTED IF IT PRESENTS AHARDSHIP AND HE DID NOT SEE WHERE ANY HARDSHIP EXISTED IN THIS CASE. MRS. EILEEN FRANK, SAND PEBBLES, SPOKE IN OPPOSITION OF THIS REQUEST AND PRESENTED INFOR:'ATION ON THE STORM THAT, OCCURRED SEVERAL YEARS AGO AND WHAT TOOK PLACE. VICE CHAIRMAN LAWS STATED THAT THE 'ORDINANCE STATES ON PAGE 71, PARAGRAPH 639.45, THAT ONTHE ATLANTIC OCEAN THE SETBACK SHALL CO:dPLY WITH THE STATE COASTAL CONSTRUCTION SETBACK, WHICH IS CLEAR TO HIM.; AND THAT THE GENTLEMAN POINTED OUT THAT THERE WAS ACTUALLY 140 HARDSHIP }SERE. MRS. CALVERT POINTED OUT THAT THE OWNER, WAS AWARE OF THE RESTRICTIONS PRIOR T0..071NERSHIP OF THE LOT AS STATED IN HIS STATEMENT OF REQUIREMENTS SUBMITTAL,AND SHE DID NOT SEE HOW HE WAS BEING DEPRIVED THE USE OF THE LAND 11111EN HE KNEW THE CONDITIONS EXISTED PRIOR TO OWNERSHIP. ATTORNEY SCOTT READ THE STATE'S STANDARDS ON WAIVERS OR VARIANCES OF SETBACK REQUIREMENTS WHICH DAY BE AUTHORIZED BY THE DNR, COPY ATTACHED. .CHAIRMAN RICKI+AN READ THE COMMENTS FROM THE PLANNING AND ZONING BOARD WHICH RECOMMENDED DISAPPROVAL OF THIS REQUEST, COPY ATTACHED. ATTORNEY SCOTT STATED THAT DNR ADVISED HIM THAT THEY WOULD NOT APPROVE THE VARIANCE IF THE. CITY DENIED THE REQUEST. CHAIRMAN RICKDAN ENTERTAINED MOTION FROM THE BOARD. VICE CHAIRMAN LAWS RESTATED PAGE 71, PARAGRAPH 693.45, IN THE CITY'S ZONING ORDINANCE. AND THAT IT DID NOT PRESENT A HARDSHIP, BOARD OF ADJUSTMENT 8-29-78 Page 3 of 4 MR. WOLEVER STATED HE WAS IN AGREE61ENT WITH VICE CHAIRMAN LAWS AND {TENT OVER THE PERTINENT ITEMS HE PRESENTED. VICE CHAIRMAN IAWS MADE MOTION TO DENY REQUEST FOR VARIANCE, MRS. CALVERT SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVORI MR. RICKI.AN, MR. LAWS, MR. WOLEVER, MR MUHS, AND.I-IRS. CALVERT. MOTION CARRIED UNANIMOUSLY.. REQUEST FOR VARIANCE DENIED. VICE CHAIR! -AN LAWS MADE A [•MOTION TO ADJOURN, MR. WOLEVER ,SECONDED MOTION. MEETING ADJOURNED AT 8145 P.M. APPROVED THIS 2 dd DAY OF 1978. ,01.1 OF ADJUST6ST CHAIRMAN ,JOAN M. FOSDICK, BOARD SECRET RY BOARD OF ADJUSTMENT 8-29-78 Page 4 or 4 7-? City of Cape Canaveral BOARD OF ADJUSTMENT JULY 31 1978 7:30 P. 14. AGI'NDA CALI. TO ORDER ROLL CALL MINUTES OF MAY 24 MEETING CONTINUED ON JUNE. 14, 1978 ITEM 1. ELECTION 01' OFFICERS ITEM 2. .REQUEST NO. 79-7. RE: SPECIAL. EXCEPTION TO PERMIT V.F.W. POST 10131 TO OPERATE NON-PROFIT CLUB FOR PURPOSE OF SERVING ALCOHOLIC BEVERAGCS FOR ON -PREMISE CONSUMPTION WITHIN 2,000' OF ANOTHER ESTABLISHMENT SERVING .ALCOHOLIC BEVERAGES ITEM 3. REQUEST NO. 78-0 RE: 'REVIEW AND APPROVAL OF STAGES 4 AND SA OF OCEAN WOODS R.P.U.D. (FIRST INTERSTATE.) ADJOURN N U T 1 C U THE ABOVE HEARINGS HAVE BEEN RESCHEDULED. FOR AUGUST 8, 1978, AT 7:30 P.M. CITY OF CAFE CANAVERAL BOARD OF ADJUSTME14i' AUGUSTB. 1978 THE JULY 31 MEETING OF .THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL WAS CONTINUED ON AUGUST 8, 1978, AT CITY HALL, 10$ POLK AVENUE, CAPE: CANAVERAL, FLORIDA. ,THE MEETING RECONVENED AT 7140 P.M. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WEREs ROBERT LAWS — VICE CHAIRMAN CHARLES MUHS JAMES RICKMAN GEORGE WOLEVER JOAN CALVERT —'ALTERNATE MEMBER RICHARD F. SCOTT CITY ATTORNEY ELVIN ALLEN —BUILDING OFFICIAL PATRICIA BEAULIEU — CITY CLERK ALSO PRESENT WERE TOM 47ASDIN — OCEAN WOODS - CHARLES HARRIS — ATTORNEY, FIRST INTERSTATE ROY.CO'WELL — OCEAN WOODS RICHARD STOTTLER - FIRST INTERSTATE MINUTES OF my 24 AND JUNE 14 MEETINGS WERE READ BY THE SECRETARY. MR. RICKMAN MADE AMOTION TO ACCEPT THE MINUTES AS READ. MR. NUHS,SECONDED THE MOTION. MOTION CARRIED. UNANIMOUSLY. ITEM 1. ELECTION OF OFFICERS VICE CHAIRMAN LAWS STATED HE WOULD NOT ACCEPT THE ,JOB AS CHAIR?SAN FOR PERSONAL REASONS. VICE CHAIRMAN LAWS .NTERTAINED NOMINATIONS FOR CHAIRMAN. AND STATED THE NEWLY— ELECTED CHAIRMAN WOULD IMT4UDIATELY TAKE OVER THE CHAIR UPON BEING ELECTED. MR. MUHS STATED THAT ALTER14ATE MEMBERS COULD NOT BE NOMINATED ORCONSIDERED .FOR ELECTION TO .CHAIRMAN OF THE. BOARD. THE CITY CLERK STATED THERE WAS ONLY ONE ALTERNATE MEN BER. MR. M,UHS NOMINATED. MR. RICH AN FOR .CHAIRMAN. MR. WOLEVER MOVED THAT NOMINATIONS BE CLOSED. MRS. CALVERT SECONDED THE MOTION, tMOTION CARRIED UNANIMOUSLY. VICE CHAIRMAN LAWS, RELINQUISHED CHAIR TO CHAIRMAN RICKMAN. ,... ..Ir..; ITEJ,: 'l.. HEQUE2T N0. ',F5-1REi SPECTAL'EXCEPTION TO PEP,MiTT V. F.t P P 101"11 TO Ol'EEATE 11011-PROFIT CLUB FOR PURPOSE OF SF;HVINC AIJ.:OHOLIC BEVERAGES FOR ON-PHE(dTSE COIISUM:PTIOII WITHIN 2i 0001 OF ANOTHER I'.57NBLIaiGiiaJ'C :_ "r'IItIC A1.COti 01.IC BEVEHI. Gib.^.. CHAIRVAN RTCKI�AN OPENED TETE FLOOR. FOR DISCUSSION OR QUESTIONS OF THE APPLICANT. THE CITY CLERK STATED THE APPLICANT 'JAS OUT OF STATE AND THAT. !CR. NICHOLAS, THE FOR1.:ER COY.YANDER OF THE V.P.W. POST, WAS PRESENT T'0 ANSWER ANY QUESTION— ATTORNEY SCOTT POINTED OUT TO THE BOARD, THAT THEY SHOULD REVIEW PAGE 77 OF THE ZONING..ORDLIANCE PERTAIMNC TO ALCOHOLIC BEVERAGES. HE CTAT'ED HE HAD EE1'TEWED THE.APPLICATIONt AND IN HIS OPINION, IT MEETS THE.TER65 AND CONDITIONS OF THE ORDINANCE, MIR. NICHOLAS ASKED TO ADDRE3S THE BOARD. HE STATED A "LUB LICENSE HAD EEEN REQUESTED FRO;4 THE STATE BUT COULD N01' OBTAIN ONE UNTIL AFI'ROVAI. 13Y THE" CITY.. HE FURTHER 51ATED THAT THE 10-11BERSHIP WANTED THE CAPABILITY OF PROVIDING THE MEMBERS A PLACE TO HOLD MEETINGS. SOCIAL FUNCTIONS, AND HAVE A FEW DRINKS, THAT THEY DID NOT WANT TO COMPETE WITH TAE LOCAL BARS, AND THAT THEY HAD MET ALT, THE REQUIREIENTS OF THE ZONING ORDINANCE. HE REQUESTED APPROVAI. OF THIS EXCEPTION. M.R. LAWS POINTED OUT TO CHAIRI'I,N RICR^RAN THAT THE PLANNING AND ZONING BOARD UNANIMOUSLY REM MIENDED ACCEPTANCE OF THE: SPECIAL EXCEPTION. CHAIR&tAN RICE AN READ THE MYAIENTS' BY THE BUILDING OFFICIAL AND P&Z BOARD ::E11BER RUTHERFORD. HE STATED ALL P&Z BOARD MEMBERS VOTED UPIANIMMUSLY ON APPROVAL, OF•THIS REQUEST. CHAIRMAN RICKYAN OPENED THE 'FLOOR FOR OBJECTIONS TO THIS REQUEST. MR. MIUHS MADE A M OMON THAT REQUEST 78-7 BE ACCEPTED. CPR. IA49S SECONDED. VOTE WAS BY. ROLL. CALL. MtOTION CARRIED UNANIMIOUSLY. ITEM, 3. REQUEST ' 8-8 RE, REVIEW AND APPROVAL OF STAGIi �� F:'•'J KA OF OCEAN WOODS R.P.U.D. FIRST 1NI'ERSTATFT_ AGENDA INCLUDED STAGE $At HOWEVER. MR. ALLEM , BUILDING OFFICIAL, STATED THE REQUEST HAD BEEN REVISED TO INCLUDE ONLY STAGE 4. BOARD OF ADJUSTIENT 8-8-78 Page 2 of 6 CHAIRMAN RICKi;AS READ A LETTEF.. TO CITY VANAGER, ANITA J. OSTROM, DATED JULY 2P,. 1978, FR0:6 7I0."J1S E. W9' DIN, PRESIDENT, OCEAN WOODS, COPY ;1TACHED. ATTORNEY 'SCOTT STATED THAT THE RULES OF PROCEDURE OF THE BOARD OF AD,TUSTMEt7T AND THE REGULATIONS OF THE ZONING ORDINANCE PROVIDED NO hTTHOD BY WHICH THE CITY, CITY COUNCIL, OR CITY MANAGER WOULD. HAVE ANY AUTHORITY TO REPLACE A 14EM3ER WHO IS CONSIDERED TO BE BIASED. TIE CITED ADDITIONAL LAW CONCERNING THE MATTER. TIE .STATED THE BOARD DID NOT. HAVE THE AUTHORITY TO ASK MR. WOLEVER TO STEP DOWNI AND IN THIS INSTANCE, IT IS STRICTLY UP TO THE BOARD MEMBER, MR. WOLEVEi, TO DETERMINE. IF HE CAN GIVE A FAIR AND IMPARTIAL HEARING TO THIS APPLICANT. ATTORNEY SCOTT REQUESTED THE APPLICANT TO PRESENT EVIDENCE INDICATING BIAS ON Y.R. WOLL•VEH'S FART. RIR. CHARLES HARRIS, ATTORNEY FOR FIRST INTERSTATE, STATED THEY DID NOT INTEND TO PRESENT EVIDENCE. HE STATED THEIR PURPOSE WAS TO OBTAIN A HEARING BY PERSONS WHO DID NOT HAVE THEIR MIND MADE UP PRIOR TO THE PRESENTATION Atli) COULD RULE ON THE M—SPITS OF THE CASE. }:R. WOLEVER PRESENTED HIS CASE AND STATED HE WOULD. FILE A CONFLICT OF INTEREST IF HE HAD ONE. HE STATED HE VOTED AGAINST THE LAST REQUEST BASED ON THE QUESTION OF SELLING LOTS IN THE BUFFER. ZONE Atli) RETENTION OF NATURAL VEGETATION AND ASKED IF THEY ARE COMPLYING WITH THIS PHASE.. ATTOR14EY SCOTT STATED THEY WERE REQUIRED .TO COMPLY AND IT t•JAS UP TO THE BUILDING OFFICIAI, TO ASSURE THAT THE 13UF'FER ZONE REMAINS INTACT. ATTORNEY SCOTT ASKED 14R. 'WOLLVER IF HE WAS ABLE TO PERFORM }IIS DUTIES IMPARTIALLY AND TO GIVE THE APPLICANT A FAIR HEARING AND MR. WOLEVER REPLIED THAT HE WAS PREPARED TO DO SO. D:R..AILENPRESENTED SITE AND PLOT PIAN AND PROVIDED .INFORMATION TO QUESTION'S ABOUT BUFFER ZONES, REQUIREMENTS FROM PREVIOUS 51EETING ON LIST OF. PROPERTY OWNERS, DENSITY LILiITS, AND DECLARATION OF RESTRICTIONS. BOARD OF ADJUST:�'NT. 8-8-78 Pare 3 of 6 0' MR. LAWS. REQUESTED MR. ALLEN'S EVALUATION REGARDING MR. 'NOLEVER'S ST:ATE:4ENT OF RETENT'TON OF NATURAL VEGETATION. ,-.R. ALLEN REPLIED THAT 'C;+E 4E WAS SO:dE DISTURLA'ICE WIiERE THEY TIED .INTO UPILTTIES. 'AFTER MUCH DISCUSSION AS 10 EXACT DIMENSIONS OF BUFFER, ZONES, MR. ROY COWELL, OCEAN WOODS,. STATED THAT FROM THE SOUTH LINE OF HARBOR HEIGHTS THERE IS 20' TO THE NORTH LINE AND FROM THE NORTH LINE TO THE FIRST BUILDING, THERE IS 80'. FURTHER, IN TERMS OF THIS DOCUMENT, 'ONLY 60' IS REQUIRED LEAVING AN EXCESS OF 20'18INUS 6' FOP. PARKING, 7HIICH OTILL LEAVES AN EXCESS OF 14' OF'I;AXIhiUM REQUIRED. CHAIRMAN RICT?„AN OPENED THE FLOOR. FOR QUESTIONS OR C OM442i: TS . I.I.R. TOM JONES OF LOT 17, CORAL DRIVE, STATED ,TIE HAD NO OBJECTIONS TO THE PLAN AS PRESENTED. CHAIRVAN RICIC.AN REQUESTED PRESF.NTATIOTI ON DENSITY FIGURES. MR'. ROY COWELL, OCEAN WOODS, STATED THE OVERALL DENSITY APPROVED BY THE CITY OF CAPE CANAVERAL WAS 9.53 UNITS PER ACRE FOP, THE ENTIRE PRO.TECT.TO DATE, INCLUDING STAGE 4, 15.614 ACRES OF PLATTED ACREAGE IS PROPOSED FOR A TOTAL OF 121 PLATTED LOTS WITH A DENSITY OF 7.749 UNITS PER ACRE, WHICH IS CONSIDERABLY LESS THAN ORIGINAL 9.53• HE STATED ORIGINAL CONCEPT WAS TO NOT EXCEED APPROVED DENSITY AND THE TOTALS TO DATE INDICATE THIS REQUIRE6:ENT HAS BEEN. YET. ' ATTORNEY SCOTT ADVISED THE POARD TO ATTACH .THE AMENDMENT TO THE RESTRICTIONS TO THE PIAN SO THEY COULD BE RECORDED. MR. WOLEVER INQUIRED ABOUT THEIR COMPLIANCE WITH SECTION 8, PARAGRAPH 3 OF THE R.P.U.D ZONING ORDINANCE REFERENCE CONSTRUCTION OF RECREATIONAL AREA FACILITIES AT AN EQUAL OR GREATER RATE THAN RESIDENTIAL. HE STATED THAT THE AMENDMENT TO DECLARATION OF RESTRICTIONS INDICATED THEY WOULD NOT GO PAST STAGE 4 BEFORE DEVELOPMENT OF RECREATIONAL FACILITIES. MR. LAYiS STATED THE BOARD HAD WAIVED THIS REQUIREPiENT AT A PREVIOUS bEETING. ATTORNEY SCOTT CONFIRMED THAT THE BOARD HAD THE AU'PHORITY TO DO, THIS. BOARD OF ADJUSTMENT 8-8-78 Page 4 of 6 s MR. STOTTLER, FIRST INTERSTATE, STATED RECREATIONAL FACILITIES HAD BEEN DESIGNED AND THEY. ARE IN TH.E PROr^.ESS OF GETTING BIDS AND EXPECT TO BECI;4 CONSTRUCTION BEFORE THE END OF THE m,6NTH. MR. WOLEVER STATED THAT THEY HAD NOT BEEN I14CLUDED IN THE DECLARATION OF AMENDMENTS., MR. STOTTLER STATED THEY INTENDED TO INCLUDE THEY; AND THAT THEY HAVE TOLD THE RESIDENTS THEY WILL BE BUILT AND WILL BE BREAKING GROUNDSHORTLY. ATTORNEY SCOTT ADVISED THE BOARD TO MONITOR FURTHER DEVELOPMENT OF THE PROJECT. AND MAKE SURE THEY COMPLY WITH THE P.EQUIRE?BENT TO BEGIN CONSTRUCTION OF THE RECREATIONAL FACILITIES. MR. WOLEVER REQUESTED INFORMATION ON COMPLIANCE WITH MINUTES OF .JANUARY 12, 1976, MEETING TO PROVIDE 6' EASEMENT TO SEA SHULL LANE. MR. STOTTLER STATED THE EASEMENTS WERE GIVEN TO THE CITY AFTER, THAT DATE AND HAVE BEEN P,ECORDED. MR. SCOTT STATED THAT ,ALL THE EASEMENTS THAT WERE. REQUIRED HAVE BEEN RECORDED. CHAIRMAN RICKMAN OPENED THE FLOOR TO ANY FURTHER QUESTIONS AND ASKED 1411. WOLEVER IF HE HAD OBTAINED THE ANSWERS TO HIS QUESTIONS. MR. WOLEVER STATED HIS QUESTIONS WERE ANSWERED, SATISFACTORILY AND MADE A MOTION TO APPROVE. THE PROJECT. MR. LAWS SECONDED THE MOTION. VOTE WAS BY ROLL CALL. MOTION CARRIED UNANIMOUSLY. A PROPERTY OWNER 'ASKED A QUESTION ABOUT SELLING LOTS' I14 THE BUFFER ZONE. ATTORNEY SCOTT STATED THE INSTRUCTIONS. WERE. THAT THE STATEMENT OF THE JUSTIFICATION MUST BE CO.M;PLIED WITH AND THAT THE BUFFER ZONE HAD TO BE KEPT INTACT, BUT. THEY HAD NO CONTROL OVER THEIR SELLING LOTS IN THE BUFFER ZONE. HE STATED 1T WAS UP TO THE BUILDING OFFICIAL TO MAKE SURE THEY COAPLY WITH THIS REQUIREMENT. MR. STOTTLEP, STATED FIF TNTF"T WA..^ TO COXPL" PtlT ATTORNEY SCOTT STATED THAT ,THEY HAD NO CONTROL OVER. THEIR SELLING THE ENTIRE BUFFER STRIP BUT THEY HAD TO MAINTAIN IT IN ITS NATURAL STATE OF VECETATION, ATID IT IS UP TO THE CITY OR THE, INTERESTED PARTY TO 1AKE CERTAIN THEY ARE NOT INFRINGING UPON THAT VEGETATION. MRS. CALVERT REQUESTED TW+T ATTORNEY SCOTT DEFINE BUFFER ZONE, NOT SPECIFICALLY WITH RESPECT TO THIS PROJECT. ATTORNEY SCOTT STATED HE WOULD BE PREPARED TO ANSWER THIS QUESTIO14 AT THE NEXT BOARD MEETING. ' CHAIRMAN'RICKXAN OPENED THE FLOOR FOR ANY FURTHER' DISCUSSION. 'THERE BEING NONE, HE ENTERTAINED A.MOT10PT TO ADJOURN. SIR. LAWS MOVED TO ADJOURN MEETING. ')IRS. CALVERT SECONDED MOTION. CHAIRMAN RICK11AN ADJOURNED MEETING AT 8t50 P.M. PLAT IAP FOR STAGE.4 SIGNED BY CHAIRMAN RICKMAN. ,APPROVED THIS 21 DAY OF AUGUST , 1978. X�,l�l/t i' l" JAMES RI KM1N. CHAIRMAN BOARD OF ADJUSTMENT 'JOAN Id.FOSDICK, SECRETARY BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT 8-8-78 Page 6 of 6 L ANp t-LL City of Cape Canaveral 4�Y•� ., � i a roan+'a:aao "I urines 0O.ARD OF ADJUSTMENT !!AY 24, IM ,ph 7:30 1,.a. . AGENDA i` CALL, TO ORDER ROLL CALL. 61INU1'ES, OF APRIL. 3, 1978 -. Mr.,, I. RERUrST #78-.5 EPF.CIAI. EXCEPTION TO ALLOW "GOODS TO 1 PR0 UCIID .AND SOLD AT RETAIL UPON. fill: PRG6 ism; IN A C-2 -ZONE. APPLICANT ALEXIS BEN-NORI AS AGENT FOR 00OGAARTS OF FLORIDA, INC. .,. I'I'L•'N :. RE4U1.5'r 6711-6 REVIIN AND APPROVAL OF OCCAN WOODS STAGr. 311, R. P.IL D. ,' (FIRST INTER°il'A'rr) ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MAY 24, 1978 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON MAY 24, 1978 AT, CITY HALL, 105 POLK AVENUE, CAPE. CANAVERAL, FLORIDA.. THE MEETING WAS.CALLED TO ORDER AT 704 P.M. BY CHAIRMAN, GEORGE MEGUTAR., 171E ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE:. GEORGE MEGUTAR -CHAIRMAN RICHARD THURM -VICE CHAIRMAN CHARLES MUHS ROBERT LAWS MICHAEL BRADY RICHARD F. SCOTT -CITY ATTORNEY HARRY KELLER BUILDING OFFICIAL JIM RICKMAN -EX-OFFICIO MEMBER PATRICIA BEAULIEU -CITY CLERK ALSO PRESENTWERE: ALEXIS BEN-KORI -AGENT FOR BOOGAARTS OF FLORIDA DANIEL O'BRIEN -OWNER OF AMERICAN BOOM 'AND BARRIER MR. LAWS MOVED TO ACCEPT THE MINUTES OF, APRIL 3, 1978 AS SUBMITTED. MR. NUNS SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. ITEM 1. REQUEST NO. 78-5 SPECIAL EXCEPTION TO ALLOW GOODS TO BE PRODUCED AND SOLD AT RETAIL UPON .PREMISES IN A C-2 ZONE. APPLICANT ALEXIS BEN-KORI AS AGENT FOR BOOGAARTS OF FLORIDA, INC. CHAIRMAN NEGUTARNOTED THAT THIS SPECIAL EXCEPTION HAD BEEN PROPERLY ADVERTISED AND PROPERTY OWNERS WITHIN 500 FEET HAD BEEN. NOTIFIED OF THIS HEARING AND ALSO THAT 771E PLANNING AND ZONING BOARD HAD RECOMMENDED APPROVAL OF THE .SPECIAL EXCEPTION. BUILDING OFFICIAL KELLER EltPLAINED HIS INTERPRETATION 'IN, REGARDS TO THIS, REQUEST FOR SPECIAL EXCEPTION TO ALLOW RETAIL SALES AND PRODUCTION IN A C-2 ZONE, STATING THAT HE CONSIDERED THIS OPERATION TO BE ONE OF FABRICATION AND NOT OF MANUFACTURING, AND SINCE PARKING, EXISTING BUILDING AND CONTIGUOUS LAND. USES ARE CONFORMING HE RECOMMENDED APPROVAL OF THIS SPECIAL EXCEPTION. i MR. O'BRIEN, OWNER OF THE BUSINESS PLANNING TO RE -LOCATE AT 8015 ASTRONAUT BOULEVARD, EXPLAINED THE. PROCESS. AND MATERIALS INVOLVED IN OPERATION. THE FLOOR WAS OPENED FOR PROPONENTS AND OPPONENTS TO THE SPECIAL EXCEPTION. AFTER DISCUSSION BETWEEN BOARD MEMBERS AND MR. O'.BRIEN IT WAS DECIDED TO TABLE THIS ITEM TEMPORARILY UNTIL MR. O'BRIEN,'MR. DEN-KORI AND THE CITY ATTORNEY COULD DRAFT AN ADDENDUM TO THE APPLICATION FOR SPECIAL EXCEPTION WHICH P:OULD EXPLAIN I14 DETAIL THE TYPE OF OPERATION, MATERIALS TO BE USED, TOOLS AND EQUIPMENT USED AND THE FABRICATION METHOD. MEETING RECESSED AT 8:25 P.M. MEETING RECONVENED AT 8:40 P.M. ITEM 2. REQUEST ,'x,78-6 REVIEW AND APPROVAL OF OCEAN WOODS STAGE. 3B, R.P.U.D. FIRST INTERSTATE MR. KELLER PRESENTED STAGE 3B TO THE BOARD. IT WAS NOTED BY MR. KELLER THAT THE PLAT WAS DEPICTING LOTS BUT NOT THE BUILDING, HOWEVER,, HS STATED 771E BUILDINGS WERE SETBACK THE REQUIRED. DISTANCE. THE BUILDING OFFICIAL ALSO NOTED THAT THE YARDS WILL PROJECT INTO THE BUFFER ZONE. 'DISCUSSION. FOLLOWED REGARDING THE DENSITY FACTOR, BUFFER ZONE AND STATEMENTOF JUSTIFICATION. MR. BRADY MOVED TO TABLE TIIIS ITEM FOR THREE WEEKS UNTIL JUNE 14. .MOTION SECONDED AND CARRIED UNANIMOUSLY. THE BOARD REQUESTED THAT THE BUILDING OFFICIAL REQUEST THAT A REPRESEN- TATIVE OF EPRESEN-TATIVEOF FIRST INTERSTATE BE PRESENT AT NEXT HEARING TO ANSWER ANY QUESTIONS THE BOARD MIGHT POSE. AT TIIIS TIME THE BOARD RESUMED HEARING THE REQUEST NO. 78-5. MR. SCOTT, MR. O'BRIEN AND MR. BEN-KORI .HAD RETURNED TO THE HEARING AND PRESENTED AN ADDENDUM TO REQUEST NO. 78-5. MR. MEGUTAR READ TUE ADDENDUM TO THE BOARD. MR. LAWS MOVED TO GRANT SPECIAL EXCEPTION NO. 78-5'SUBJECT 'TO THE FOLLOWING CONSTRAINTS: 1. NO RAW MATERIAL OR FINISHED PRODUCT TO. BE STORED OUTSIDE OF THE BUILDING 2. NO OPERATIONS WILL BE CONDUCTED AFTER 10:00 P.M. 3. OPERATIONS UNDER TIIIS ,SPECIAL EXCEPTION WILL BE CONSTRAINED TO THOSE DESCRIBED BY THE APPLICANT IN HIS APPLICATION AS AMENDED BY AN ADDENDUM TO THE APPLICATION MADE ON MAY 24, 1978. MR. BRADY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. SUBJECT ADDENDUM IS ATTACHED TO THE APPLICATION AND TO THESE MINUTES. AT 9:27 P. M. THIS MEETING WAS CONTINUED TO JUNE 14 FOR THE PURPOSE OF HEARING REQUEST NO. 78-6. BOARD OF ADJUSTMENT 5-24-78, PAGE 2 ® ® DO NOT REMOV Addendum to Application for special Exception Application No. 7B'-5 Applicant: Alexis Ban -Kori as Attorney in Fact for American Boom and Barrier Corp., a Florida Corp. Purpose of business: To•assemble and, sell at retail, soil erosionprevention products and silt curtain barriers used to contain silt 0eaC�l pnsded by certain type water construction, The purpose of this product is to clear and settle bodies of watec as reeuired.by the Enviornmental protection Agency and Corps of Engineers. Materials used; Rolls of Vynyl-covered nylon, said rolls 50 feet long and 62 inches wide 5/16th and 1/4 inch chain delivered in barrels 5/)6th inch metal.cable (wire -rope) Misc. grommetts, snaps, hooks, rings and cable fasteners, all of 'which can be assembled with hand tools. Tools and Equipment used: Electrical heat sealers, hand drills, electric hand drills, electric drill presses, electric air compressor ( 2 h.p.) used for pressure to operate the electric sealer, and other similar hand held, electric and manual tools used for the assembley described below, Method: Rolls of vynyl covered nylon are spread on 100 foot long tables; a fold is made on one edge and then, scaled; a cable is then run through this seal; another.. seal is made on the opposmte and of the nylon and a chain is placed through this seal an ballast and tension member. Various flotation materials are then stuffed through one of the folds. This is then rolled up and placed in card-. CITY OF CAPE. CANAVERAL BOARD OF ADJUSTMENT JUNE 14, 1978 THE MAY 24 MEETING OF THE BOARD OF ADJUSTMENT OF THE, CITY OF CAPE CANAVERAL WAS CONTINUED ON JUNE 14, 1978 AT CITY HALL, 105, POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING RECONVENED AT 7:37 P.M. THE. ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE: GEORGE MEGUTAR CHAIRMAN CHARLES MUHS ROBERT LAWS GEORGE WOLEVER JOAN CALVERT -ALTERNATE. MEMBER RICHARD F. SCOTT -CITY ATTORNEY HARRY KELLER -BUILDING OFFICIAL PATRICIA BEAULIEU -CITY CLERK ALSO PRESENT WAS: TOM WASDIN -OCEAN WOODS CHAIRMAN MEGUTAR INTRODUCED THE NEW APPOINTEES TO THE BOARD, GEORGE WOLEVER AS REGULAR MEMBER AND JOAN CALVERT AS ALTERNATE MEMBER.. CHAIRMAN MrGUTAR ALSO EXPLAINED THAT SINCE VICE CHAIRMAN RICHARD THURM HAD RESIGNED IT WAS NECESSARY TO ELECT A VICE CHAIRMAN TO REPLACE HIM. MR.WOLEVER' NOMINATED MR. LAWS. SINCE THERE WERE NO OTHER NOMINATIONS, THE VOTE WAS CALLED. BOARD MEMBERS VOTED UNANIMOUSLY. IN FAVOR OF ROBERT LAWS AS VICE CHAIRMAN. THE HEARING RESUMED ON REQUEST NO. 78-6 RE: REVIEW AND APPROVAL OF OCEAN WOODS STAGE 3B, R.P.U.D. (FIRST INTERSTATE) CHAIRMAN MEGUTAR TURNED THE FLOOR OVER TO BUILDING OFFICIAL KELLER TO EXPLAIN THE DENSITY FIGURES WHICH THE BOARD HAD QUESTIONED AT THE MAY 24 HEARING. MR. KELLER HAD PRESENTED .THE BOARD WITH ITIS COMPUTATIONS SHOWING ACREAGE UNDER DEVELOPMENT IN STAGES 1,2,3A AND 3B AND UNITS IN EACH PHASE., HE EXPLAINED HOW HE HAD ARRIVED AT THE TOTAL OVERALL FIGURE OF 9.6 UNITS PER ACRE. MR. KELLER'S STATISTICS HAVE BEEN ATTACHED TO THESE MINUTES FOR THE RECORD. DISCUSSION FOLLOWED BY THE BOARD AND MEMBERS IN THE AUDIENCE ON THE DENSITY FACTOR. DURING THE DISCUSSION, IT WAS POINTED OUT THAT THE ADDENDUM TO THE STATEMENT OF JUSTIFI CATION SET THE DENSITY AT OVER 9 UNITS PER ACRE WHICH DIFFERED FROM TIB: DL'HSITY IN THE ORIGINAL STATEMENT OF JUSTIFICATION WHICH SET THE DENSITY. AT 7.7 UNITS PER ACRE. AFTER DISCUSSION, WITH THE ATTORNEY ON THIS POINT, THE BOARD PROCEEDED WITH T11EIR REVIEW OF STAGE 3B ON THE BASIS OF THE FIGURES IN THE ADDENDUM. CHAIRMAN MEGUTAR REQUESTED THAT THE DEVELOPER SUPPLY THE BOARD WITH DECLARATIONS OF RESTRICTIONS ON REAL ESTATE FOR SUBSEQUENT STAGES AND ALSO ENUMERATE THE LOTS IN HARBOR HEIGHTS WHICH BORDER ON FUTURE STAGES FOR. THE BOARD'S INFORMATION AND REQUESTED THAT THE BUILDING OFFICIAL SUPPLY THE BOARD WITH DENSITY COMPUTATIONS ON FUTURE STAGES SUCH AS THE BOARD HAD BEFORE THEM FOR REVIEW ON STAGE 3B. MR.LAWS MOVED. THAT THE BOARD APPROVE STAGE 3B AS SUBMITTED BY. FIRST INTERSTATE. MR. MUDS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. MEGUTAR, MR. MUHS, MR. LAWS AND MRS. CALVERT,, OPPOSED, MR. WOLEVER. MOTION CARRIED. STAGE 3B APPROVED. MEETING ADJOURNED AT 8:25 P.M.""" APPROVED THIS DAY OF , 1978. 4 77 VI 1 �iDOARD OF ADJUSTMENT CHAIRMAN CITY CLERK'-�-� BOARD OF ADJUSTMENT MINUTES OF 6-14-78 PAGE 2 OF 2 AND ATTACHMENT AS STATED 0. NOT REMOVE PRESEN� TO BOARD OF ADJUSTMENT FOR JUNE 14, 1978 REARING ON STAGE 3B OCEAN WOODS (FIRST INTERSTATE)' ,j Tu,.i 70. BY BUILDING OFFICIAL HARRY KELLER. CDGP.W rJWOOOS (2�19'� Srr�-'rt r•r)cS, Til r4rrtf) XALLOW&b SrAr.e Rarz&T•• �-orr •DerJsiYy rz,UNIi's 3.97 zs 6. z9' 2 3.3911 36 /a,6/ 3 2.58 3 A 1,�053 S 4,84 lS 87 313 2;458 2`/ 9.76 43.6o TorA1,z1 11.4'75 93 9,1 //0.16 `L3ASeb Pr1 �o��owrNG! ♦2-I P,VIM &Ac e 3, y AlD7Us'rmeNrr /,797 OPeo&P-&,q, f"-3' ALANcc: /. (o Acne, 3/.1. A :- Boy uNrrs = 9,G be•Nsiry, No-re-, Z0ter10c Vao1rJWrfc6 12-71 Cuss--o F-gyL YI�1S RPu'o) EsrRr3Lrsrai r 7fte i2gc Go (v) P L a•x AE r r Co rn m o J OPe rJ l-' Ae,4" oSEE 1-l+•�nReN6� [—�C.Ylz.qorr pRon� �itz:sr INr�L•S'rW-Y6S� �T-{4�t'unlahrT ©�- Tusrr�rc/�-7'ro�7. PAGE 3 OF 8-14-78 MINUTES 1 City of Cape Canaveral IOs A -AVENUE CAPE CANAVEAA:. FLCN1DA'32920 mErNorvc sos veruoo BOARD OF ADJUSTMENT APRIL 3, 1978 7:30 P. 11. AGENDA CALL TO ORDER ROLL CALL MINUTES OF MARCH 6, 1978 ITEM 1, REQUEST NO. 78-3 'RE: REQUEST FOR VARIANCE OF AREA AND DIMENSION REGULATIONS AND 14INIMUM SET— BACK BACK REQUIREMENTS ON A PORTION OF PARCEL 750, G.L. 3, SEC. 15, TSP. 24, RNG. 37 ALSO KNOWN AS 310 WEST CENTRAL BOULEVARD. OWNER OF PROPERTY IS CEVESCO, INC., APPLICANT FOR VARIANCE IS, AGENT JOHN STILLEY. ITEM 2. REQUEST NO. 78-4 RE: REVIEW AND APPROVAL OF STAGE '6, RECREATION AREA, OF OCEAN WOODS R.P.U.D.: (FIRST INTERSTATE) SECTION 14, TWP., 24, RNG. 37 ITEM 3. ADOPTION OF BOARD OF ADJUSTMENT RULES OF PROCEDURE '(TABLED AT, I4ARCI1 6,MEETING) DISCUSSION ADJOURN CITY OF CANE CAINAVERAL BARD OF AIINSD147T APRIL 3, 1978 ME BOARD OF ADJUSBUf1' OF MIE CITY OF CAPE CANAVERAL MFT ON APRIL 3, 1978 AT CITY IAN., 105 POLE; AVENUE:, CAPE CANAVERAL, FLORIDA. THE MET.TDNO WAS CALLED 10 ORDER AT 7i33 P.M. BY CHAIRW GEORGE MEGJIAR. TACE 8011. WAS CALLED BY MIE SECRETARY. BOARD 11191E NS PRESENT h'ERE: GEORGE HMIAR - CILAILT(AN RILIM MiMl VICE aWRIFNN aiARIES EEhIS ROBERT LAWS EI CLAM BRADY - AIZEITT RICNRD F. SCOTT - CITY A17MEY HARRY hELLER - BUIIDINO OFFICIAL. JIM RIam - IX -OFFICIO KNBL•R PATRICIA BEAULIEU - BOARD SECRETARY ALSO PRESENT WERE: JaN STILLY PETITIONER - REQUEST 140. 78-3 GEORGE FIRKINS VICE (MAIJRAN - CEVFSOD ETR. TM1IN1 WVED TO APPROVE THE MINI7ES OF MUI 3, 1978 AS SUWLT'lED, MR. JARS SECONDED EDTICN. EDTION CARRIED IdN.MIRURSL.Y. ITEM 1. REQUEST 140. 78-3 RE: REQUEST FOR VARIANCE OF AM AND DDI NSION REGUTAT'IO NS AIM EDND4M SFTRAC : REQUJRTMMS CER A PORTION OF PARCEL. 750, C.L. 3, SEC. 15, TSP. 24, RING. 37 ALSO KNOWN AS 310 WEST CETIRAL BOULEVARD, aN IER OF PROPERTY IS CEVFSOO, INC., APPLICANT FOR VARIAN[-- 1S ACFIJT JOHN STIL .'. CHAIIANAN 11EMIAR E04ALNED TO EIR. STATELY THAT ME M ME ABSENCE OF aNE BOARD MISIBER IT WOULD BE NFCSSARY FOR ALL I= KHBERS PRESENT TO VOTE OANDOUSLY IN FAVOR OF THIS REQUEST FOR A VARIANCE. 11R. STILL n. AGREED 1O PRD® WITH THE WARDNCJ. CIAIIAAN E1:CUTAR RL'Q41FS1ID ETR. KFIIIR EXPLAIN THIS REQUEST TO TEE D3ARD, THE BUILDING OFFICIAL REVIEWED TRE DRAWING PRESENTED AT THIS HEARING E(PIAIN- ING 771AT THIS APPLICATION FOR VARIANCE WAS BASICALLY IN TVD PIECES AS ME LAND MI) HE BROIM INTO THREE PARCELS. MIE NORnUM THEM OF THAT WLTLI A VARIANCE ON ZIE SETBACK REQUIRDWIS. MR. M11M MINTED OUT THAT TILE BASIC PARCEL. VIAS NOT PLAITED AND THAT THE SUBJECT LAND WAS UNIQUE IN THAT IT WAS OOlV 1L.Y SURROUNDED BY A SIRhTT IN THE M-2 ZONE. r, IS. KELLER I'OIM'ED OLT THAT ANY WAY 1T WhS 1'AUM WOULD SEAN A FLYAJT OR SIDE STREET 50 THAT TIB: 35-F0OT SETRAM PREVAlIS ALL AI+DUEID DIE PERD= OF THE PROPFMY. THE RELIEF SOMiT IS IN S T, CORNERS ADJACM TO DHE P%lPER1'Y LINE OF A 10 -FOOT SETBACK WITH BASIC BUIlIMM SETBACK OF APPROMATELY 20 FEET 1= THE PRDPL71Y 1114E DO THE STREET. THE BUI DRU OFFICIAL PODUM OUT THAT TIB: CREATION OF ALL THREE. PARCELS 14XU MEAN SUBSfAMARD PARCELS DUE TO THE HUMM CRITERIA OF IAT SIZE. BEHNC 20,000 SQUARE FEET. DRAW= REVIEWED AT THIS HElARTNO IS ATIACIBD TO 171E IMVIES. MR. RIOM, EX -OFFICIO EMBER, BEIIE.WID THE P ANKM AND ZONIN.; REOCIMNATIONS al DIE CASE. MR. STII]EY AIL) MR. FIRKINS SPOKE '10 DE BOARD ON BE31A F OF DIE APPLICATION FOR VARDMI. DURING DISCUSSION BET M' BOARD MUMS, APPLICAIJT AND BUIIDL""IC OFFICIAL, IT WAS BROUX2Tf OUT 'THAT 1}E LOTS DO NOT EXIST AT THIS TIME DUE TO THE FACT THAT IT HAS NOT BMI PLAITED AND THAT 11T.. 4 TLICAN'T IS aWlIIC HIS OWN IIARD- SHIP BY ATDIMB'TIML 10 SUBDIVIDE IN THIS I MLLFR. ER. LAWS K)VED 1TiAT VARTANai REQLESf t+C). 78-3 BE DENIED. ER, THIM SECa'IDED MJTIa1. IlMON CARRIED MANTIMISLY. IM 7.. REQUEST NO. 78-4 RE: REVIEW M`!D APPROVAL OF STAGE 6, RECREATION AREA, OF OCTAN WOODS, R.P,U.D, (FIRST INIERSfATE) SECTION 14, 'NIP, 24, RNC 37 ER. IGLU- PRESENTED A PLAT MAP OF SURE 6, RECRPATIat AREA, OF OCEAN WOODS. DURDNC DISCUSSIa11'ERIOD IT WAS NOTED THAT THE PIAT MAP REFORE IHE BOARD AT THIS TIEARINO WAS 14M M16ROAC11MG ON 111E BUFFER ZONE. MR. TIRIRM EDVED THAT TIB; BOARD APM M: 711E PLAT IN OF SPACE 6 SUBJECT TO NO EMIQLOAGT- EEA'T OF ANY KIND ON THE 60 FOOT BUFFER 'LCNF.. M. LAWS SF.OMMED WrION, MMON CARRIED LMAN]MIYUSLY. OFFICIAL SIGHING OF THE JUT MAP BY TIB: BOARD CitAIM%N DID NOT TAIE PLACE AT DJIS EIEEITNC DUE. 1O THE FACT TIIAT MR. S1d1DIER AND MR. BURY HAD NOT SIGNED DEL MAP BMW IT WAS PRESM D AT THIS EFECINC. ITLM 3. ADOPTION CE BOARD OF ADJUMOU RULES OF PROCEDURE (TABLED AT LARCH 6, EEETINC) MR. TH M MWID THAT MIE RULES OF PROCEDURE. BE REMOVED ME THE TABLE, MR. LAWS SEWHDED EDTICtN. EO'CION CARRIED UNANDOUSLY. MR. LAWS MVED TO APPROVE DTR RUIES OF PROCEDURE BEFORE THE HARD AT THIS TIME SUBJECT TO AI MT D11S. MR. MIS SEODMED IM'IaL. MMM CARRIED UNANAOIUSLY. DISCUSSION FOLLOWED ON DE RUINS. A17ORNLY SCOTT SUX,FST7•D THE RULES HARD OF ADHLSBIM BE PM�T139 BY TIB ADDITION CF TFff. MIMC: ROBQCf' S PllLLS OF DPM, LATEST EDMON, SNAIL COVtRN lWann OF THF BOARD LQiIESS Q11�TISE SPECIFIED. AS ADoM BY ATIORIBiY MR. TkMA1 IMM TO ADOPT IM RULtS.OF PROCEIRIRE SOMIS S(USPION. MR. LOS SE03M Mn (,N. WnCN CARRIED ttwmojs'Y. pjrrjjqG AWCuMEO AT 9:08 P.M. APPFOWD THIS 24 DAY O8' � 1978. SBCPECARY BUM OF ADnb-9Nr ,UNUM Cr 4-3-78 PACE 3 CF 3 OF AND S4 ACr DAM ®f ® 7'b' ,97 City of Cape Canaveral GR GN1�[1u . � BOARD OF ADJUSTMENT MARCH 6, 1978 ,a .. 7:30 P.M. AGENDA ii CALL TO ORDER. rr ROLL CALL. MINUTES OF DECEMBER 19, 1977 ITEM 1. REOUEST NO, 78-1. RE: VARfANCE' OF. 15' INTO 60' SETBACK ALONG NORTHERN BOUNDARY OF R.P.II.D'. ON LOT 9, PHASE I., OCEAN :gOODS, R,P,U.D. (FIRST INTERSTATE) SECTION 14, 'PSP. 24, ANG. 37 MR. JACK J. ROOD, AGENT FOR OCEAN hOODS ITEM 2. REQUEST NO. 78-2 RE: REVIEW AND APPROVAL OF STAGES 2, 3AAND 6 OP OCEAN WOODS R.P.U.D. (FIRST INTERSTATE) SECTION 14, TSP. 24, RNG. 37 ITEM 3. ADOPTION OF BOARD OF ADJUSTMENT RULES ' OF PROCEDURE ITEM 4, LE'T'TER pF CWL"ENDATION DISCUSSION ADJOURN CITY OF CAPE COFFICIAL RECORD T L DO NOT REMOVE BOARD OP. ADJUSTMENSTMIiN'f ?'APCH 6, 1978 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON IIARCH 6, 1978 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:32 P.H. BY CHAIRMAN GEORGE MF.GUTAR. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE: GEORGE HEGUTAR - CHAIRMAN RICHARD THURIM - VICE CHAIRMAN CHARLES HUMS MICHAEL BRADY ROBERT LAWS RICHARD F. SCOTT - CITY ATTORNEY HARRY KELLER - BUILDING OFFICIAL JIM RICKMAN - EX -OFFICIO MEMBER PATRICIA BEAULIEU BOARD SECRETARY ALSO PRESENT WERE: JACK ROOD PETITIONER REQUEST NO. 70-1 RICHARD STOTTLER FIRST INTERSTATE TOM WASDIN OCEAN WOODS THE MINUTES OF DECEMBER 19, 1977 WERE APPROVED AS CORRECTED. ITEM 1. REQUEST NO. 78-1 RE: VARIANCE Or 15' INTO 60' SETBACK ALONG NORTHERN BOUNDARY OF R.P.U.D. ON PHASE ,OCEAN WOODS, R.P.U.D. FIRST INTERSTATE SECTION , TSP..24, RNG. 37, MR. JACK ROOD, AGENT FOR OCEAN WOODS CHAIRPAN MEGUTAR REQUESTED THE BUILDING OFFICIAL PRESENT HIS REPORT ON THIS VARIANCE. MR. KELLER EXPLAINED THAT THIS VARIANCE WAS REOUESTED IN ORDER TO ALLOW PRESERVATION OF A LARGE TREE. THE PROPOSED STRUCTURE WOULD HAVE TO BE MOVED 15 FEET NORTH IN ORDER TO PRESERVE THE TREE AND THIS 15 FEET WOULD BE INTO THE BUFFER ZONE AS ESTABLISHED IN FIRST INTERSTATF.'S STATEliENT OF JUSTIFICATION AND SUBSEQUENTLY APPROVED BY THE BOARD OF ADJUSTITNT. MR. RICKMAN WAS REQUESTED TO REPORT ON THE PLANNING AND ZONING BOARD'S RECOMMENDATION. HE STATED THAT THIS. BOARD FELT THE TREE COULD DE REPLACED BY SMALLER TREES AND THAT THE DEVELOPMENT DESIGN AND LAYOUT SHOULD NOT BE CHANGED AS IT !"AS FELT THAT IT COULD LEAD TO ADDITIONAL. CHANGES. MR. ROOD WAS THEN CALLED UPON TO PRESENT ITIS CASE. HE EXPLAINED IT WAS ITIS INTENTION TO PURCHASE THE LOT AND PROPOSED. UNIT AND THE PROPOSED UNIT MOULD HAVE TO BE MOVED 15 FEET TO PRESERVE THE BANYAN .TREE. HE NOTED THAT THE OWNERS OF THE HOUSE IN HARBOR HEIGHTS DIRECTLY BEHIND THE SUBJECT PROPERTY WERE AtIEI9ABLF. TO THIS REQUEST FOR VARIANCE. CIIAIR{AN MEGUTAR OPENED THE FLOOR TO THOSE IN FAVOR OF THIS VARIANCE. MR. RICHARD STOTTLER SPOKE IN FAVOR OF THIS VARIANCE EXPLAINING THAT 1111EN THIS PROJECT WAS SET UP HE HAD SET THE. 80 -FOOT SETBACK AS A BUFFER ZONE IN THE STATE!IF.NT OF JUSTIFICA- TION AND THE MOVING OF THIS PROPOSED UNIT 15 FEET BACK WOULD STILL LEAVE A SUFFICIENT BUFFER. PROPERTY OWNERS IN THE HARBOR HEIGHTS SUBDIVISION 19110 WERE IN FAVOR OF THE GRANTING OF THIS VARIANCE ALSO SPOKE AT THIS TIME. THE FLOOR WAS THEN OPENED. FOR PROPERTY OWNERS IN OPPOSITION TO THE GRANTING OF THIS VARIANCE. THE MAJORITY OF THOSE OBJECTIONS WERE IN FAVOR OF KEEPING THE 80 -FOOT SETBACK AS SPELLED OUT IN THE STATEMENT OF JUSTIFICATION. CITIZENS EXPRESSED CONCERN THAT THE GRANTING OF THIS VARIANCE WOULD LEAD. TO OTHER VARIANCES AS THIS DEVELOPMENT PROGRESSED. MR. LAI -IS RAISED THE QUESTION AS TO WHETHER OR NOT THE BOARD WAS ACTUALLY ASKING FOR A VARIANCE OF AN ORDINANCE OR ASKING FOR A DEVIATION FROM THE PLAN SUBMITTED BY FIRST INTERSTATE IN THEIR. STATEMENT OF JUSTIFICATION AND POINTED OUT THAT THE R.P.U.D. SECTION IN THE FORMER ZONING ORDINANCE CALLS FOR A 35 -FOOT BUFFER ZONE AND THAT THE PLAN IN THE STATEMENT OF JUSTIFICATION CALLS FOR AN 00 -FOOT BUFFER ZONE. MR. SCOTT EXPLAINED THAT SINCE THAT R.P.U.D. SECTION OF THE FORMER ORDINANCE IS NO LONGER III EXISTANCE AND THE BUILDING OFFICIAL DOES NOT HAVE THE AUTHORITY TO GRANT A CHANGE IN THE PLAN, THE ONLY WAY TO ALTER THE PLAN WOULD BE BY A VARIANCE SINCE THE BOARD OF ADJUSTMENT HAD APPROVED THE STATEMENT OF JUSTIFICATION AND PLAN. 30AARD8 F ADJUSTMENT PACE 2 OF 5 TILE BOARD REVIEWED THE FOUR. PARAGRAPHS IN SECTION 634.23 OF THE ZONING ORDINANCE AND DISCUSSED THE APPLICABILITY OF THIS VARIANCE TO ALL FOUR POINTS. 11R. THURM MOVED. THAT THE APPLICATIO14 FOR VARIANCE BE DENIED. MR. MUHS SECONDED MOTION. VOTE WAS AS FOLL0l9S: IN FAVOR, MR. MEGUTAR, MR., MURS,' MR. THURM AND MR. BRADY, OPPOSED, HR. LAWS. MOTION CARRIED. VARIANCE DENIED. ITEM 2. REQUEST t70. 78-2 REVIEW AND APPROVAL OF STAGES A AND OF OCEAN WOODS. R.P.U.D. FIRST INTERSTATE. SECTION 1q, TSP. 24, RNG. 37 CIIAIW'AN N,EGUTAR REQUESTED MR. FELLER REVIEW THE MAPS FOR THE THREE SECTIONS WHICH WERE BEFORE THE BOARD FOR APPROVAL. MR. KELLER EXPLAINED THAT THE LOTS IN 2 AND 3A WERE SLIGHTLY LARGER THAN THE LOTS IN STAGE 1AND THAT THE DENSITY FACTOR IS THE SAME AS THE FACTOR ON THE MASTER SITE PLAN. THE BUILDING OFFICIAL POINTED OUT TO THE BOARD THAT STAGE 6, RECREATION AREA, WAS ENCROACHING ON THE BUFFER ZONE WITH ITS SUPPORT FACILITIES FOR THE COMPLEX; NAIIELY, TENNIS AND BASKETBALL COURTS., HE EXPLAINED THAT THE MAP POSTED WAS THE ONE REVIEWED BY. THE PLANNING AND ZONING BOARD AT THEIR MEETING ON FEBRUARY 22, 1978 AND AT THIS TIME HE PRODUCED A REVISED PLAN. PRESENTED BY THE DEVELOPER WHICH DEPICTED THE TENNIS AND BASKETBALL COURTS 15 FEET SOUTH OF THE PLAN ON EXHIBIT. HOWEVER, THE REVISED PLAN STILL LEFT THE COURTS WITHIN THE BUFFER ZONE. MR. KELLER POINTED OUT THAT HE WAS INTERPRETING THE BASKETBALL COURTS AND TENNIS COURTS AS STRUCTURES AND ".ENTIONED THAT THE STATEMENT OF JUSTIFICATION CALLS FOR ALL STRUCTURES TO BE SOUTH OF THE BUFFER ZONE. IT WAS DECIDED TO REVIEW EACH OF THE THREE STAGES INDIVIDUALLY. DISCUSSION WAS HELD ON STAGE 2 AT THIS TIME. IT WAS NOTED THAT STAGE 2 ADHEARS TO THE OVERALL DEVELOPMENT PLAN. MR. LAWS MOVED THAT THE BOARD ACCEPT STAGE OF REQUEST 78-2 AS SUBMITTED BY FIRST INTERSTATE ON THIS DATE. MR, BRADY SECONDED NOTION. MOTION CARRIED UNANIMOUSLY. STAGE 2 APPROVED. BOARD OF ADJUSTMENT 3-6-78 PAGE 3 OF 5 DISCUSSION WAS HELD ON STAGE. 3A. MR. LAWS MOVED THE BOARD ACCEPT STAGE 3A OF REQUEST 78-2 AS SUBMITTED BY FIRST INTERSTATE ON THIS DATE. MR. THUP31 SECONDED MOTION. !1OTION CARRIED UNANIMOUSLY. STAGE 3A APPROVED. STAGES 2AND 3A, AS SUBMITTED AT THIS MEETING., WERE OFFICIALLY SIGNED BY CHAIR.'!AN MEGUTAR AT THIS TIRE. THE BOARD RETURNED TO THEIR REVIEW OF STAGE 6, RECREATION AREA. !'.R. STOTTLER QUESTIONED ATTORNEY SCOTT REGARDI!IG THE DEFINITION OF A STRUCTURE. AS PEP THE CITY'S ZONING ORDINANCE. MR. SCOTT STA'L'ED THAT HE FELT THAI' THE BUILDING OFFICIAL SHOULD ANSWER TIIIS QUESTION. MR. KELLER'S REPLY WAS THAT A STRUCTURE WAS ANYTHING BUILT ABOVE. GROUND. MEETING RECESSED AT 9:10 BY CHAIRMAN MEGUTAR. MEETING RECONVENED AT 9:18 P. 11. ATTORNEY SCOTT INFORMED THE BOARD AND MR. STOTTLER. THAT THERE WAS NO DEFINITION IN THE CITY'S ZONING ORDINANCE ON THIS OUESTION, THEREFORE, HE REFERRED TO THE SOUTHER14 STANDARD BUILDING CODE WHICH DEFINED A STRUCTURE AS ANYTHING THAT 1S BUILT. HE STATED THAT TIIIS DEFINITION WOULD INCLUDE TENNIS AND BASKETBALI, COURTS. Till? FLOOR WAS .OPENED TO THE CITIZENS IN THE AUDIENCE. ALL THOSE IN ATTENDANCE 'WERE. OPPOSED TO THE FACT THAT. THE DEVELOPER WISHED TO ENCROACH ON THE BUFFER ZONE. MR. THURM .'COVED THAT THE BOARD DENY. APPROVAL OF STAr-E 6. MR. BRADY SFCONDED "OTIO!I. MOTION CARRIED UNANIMOUSLY. STAGE 6, RECREATION AREA, AS PRESENTED AT PHIS MEETING WAS UNANIMOUSLY DENIED. THE STAGE 6 MAP USED FOR REVIEW AT TIIIS MEETING HAS NOT BEEN KEPT AND FILED WITH THE PAPERWORK OF THIS HEARING DUE TO THE FACT THAT THE DEVELOPER HAS TAKEN IT FOR REVISION. CHAIRIAN !fEGUTAR STATED THAT THE 80 -FOOT BUFFER ZONE WAS INTENDED TO PROTECT THE ENVIRONMENT OF THE PEOPLE LIVING ALONG THE NORTH SIDE OF THIS DEVELOPMENT AND ENCROACHMENT INTO THIS BUFFER ZONE WAS NOT IN KEEPING WITH THE STATEMENT OF JUSTIFICATION. BOARD OF ADJUSTMENT 3-6-78 PAGE 4 OF 5 ITEM 3. ADOPTION OF BOARD OF AIJUSTMENT RULES OF PROCEDURF. MR. BRADY MOVED TO TABLE, THE BOARD'S RULES OF PROCEDURE TO THE NEXT MEETING. THE BOARD AGREED UNANI- MOUSLY. ITEM 4. LETTER OF COMMENDATION 'MR. LAWS EXPLAINED. THAT HE HAD WRITTEN ARESOLUTION, COMMENDING THE BUILDING OFFICIAL AND PROCEEDED TO READ THE RESOLUTION TO THE BOARD MEMBERS. MR. MUMS MOVED THAT THE RESOLUTION BE ACCEPTED AS READ. MR. LAI -IS SECONDED MOTION. DISCUSSION FOLLOWED. MR. THURM EXPLAINED TO THE BOARD THAT. HE FELT HE COULD NOT SUPPORT A RESOLUTION OF THIS NATURE. ATTORNEY SCOTT SUGGESTED THAT IN THE 'FUTURE THE BOARDMEMBERS CARRY OUT THIS TYPE OF ACTION BY A LETTER OF COID:ENDATION ON AN INDIVIDUAL BASIS INSTEAD OF AS A BOARD. VOTE IIAS AS FOLLOWS: IN FAVOR, MR. MEGUTAR, MR. MUHS, MR. LAWS AND MR. BRADY, OPPOSED, MR. THURM. MOTION CARRIED. RESOLUTION PASSED AND IS ATTACHED TO THE MINUTES OF THIS HEARING.. CHAIRMAN MEGUTAR ADJOURNED THE MEETING AT 9:40 P.M. APPROVED THIS 3 DAY OF APRIL , 1978. GEORGE MSG A , CI RMAN BOARD OF. JUSTMEI PATRICIA A BEAULIEU, SECRETARY BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT 3-6-78' PAGE 5 OF 5