Loading...
HomeMy WebLinkAboutBOA 1979 Minutes & Agendas1 City of Cape Canaveral 1 \\ 100 POLK AVENUE . CAPCCANAVCHAL."OHIOA 32920 e r Wunxu BOARD OF ADJUSTMENT .f.. OCTOBER 15, 1979 7:30 P.M. i AGENDA CALL TO ORDER ROLL CALL MINUTES OF AUGUST 20, 1979 MEETING ITEM 1. REQUEST NO. 79-7 RE: VARIANCE OF SETBACK REGULATIONS TO ERECT AN ADDITION TO A SINGLE FAMILY RESIDENCE AT THE FOLLOWING DESCRIBEDPROPERTY: TWP. 24, RNG. 37, LOT S, BLK: 4, AVON-BY-THE-SEA. PETITIONER RICHARD S. McGEHEE, OWNER'. ADJOURN at' :.7�P.? 1t!`". 1�'t `+ �^•.� #t, "i i �, .';.; w +tAk.` 4 MIT CITY .N�.. CITYOF CAPE CANAVERAL - BOARD OF ADJUSTMENT - OCTOBER 15, 1979 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON OCTOBER 15, 1979 AT, CITY HALT,, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING 14AS CALLED TO ORDER AT ,7:33 P,l•l. ,THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT 14ERE: GEORGE WOLEVER CHAIRMAN JAMES RICKMAN -VICE CHAIRMAN ROBERT LAWS -MEMBER. RUSSELL LLOYD -MEMBER CHARLES MUHS -MEMBER JAMES GREENE -ALTERNATE ALSO PRESENT 14ERE: RICHARD F. SCOTT -CITY ATTORNEY PATRICIA BEAULIEU -CITY CLERK JAY BOLTON -BUILDING OFFICIAL JOHNSON MURPHY, JR. -IMYOR JOAN CALVERT. -COUNCILWOMAN RICHARD S. McCEHEE -APPLICANT THE MINUTES OF AUGUST 21, 1979 WERE APPROVED AS READ. ITEM 1. RE UE ST N0. 79-7 RE: VARIANCE OF SETBACK E LA IO S f0 R-F ECi: AN Tubirfurl TO A SINGLE FAMILY RESIDENCE AT THE MOLL014ING PROPERTY:DESCRIBED , RNC. 37, LOT t-A. FET111UNEK BY S. •c WN J BOARD MEMBER LAWS INFORMED THE BOARD THAT SINCE HE 14AS AN ACQUAINTANCE, OF THE APPLICANT AND SINCE THE ALTERNATE BOARD MEMBER 14AS IN ATTENDANCE, HE WOULD DISQUALIFY HIMSELF FROM THIS HEARING. ALTERNATE MEMBER.GREENE THEN TOOK MR, LAW'S PLACE. ATTORNEY SCOTT NOTED THAT THE APPLICATION FOR VARIANCE DID NOT CLEARLY STATE WHAT THE APPLICANT WAS REQUESTING, MR.SCOTT SUGGESTED THAT THE APPLICANT. EXPLAIN, TO THE BOARD EXACTLY WHAT THIS VARIANCE WAS FOR. APPLICANT RICHARD.HcGEHEE INFORMED THE BOARD THAT HE WISHED TO PLACE A ROOF AND SCREENING ON ITIS EXISTING PATIO. DURING DISCUSSION, IT WAS POINTED OUT THAT THE EXISTING PATIO WAS 5 FEET FROM THE PROPERTY LINE AT THE REAR OF MR. McGEHEE'S RESIDENCE. MR. SCOTT QUESTIONED THE BUILDING OFFICIAL REGARDING THE FACT THAT A PATIO WAS WITHIN THE REAR SETBACK AREA. BUILDING OFFICIAL BOLTON INFORMED TIIE ATTORNEY AND BOARD THAT GENERALLY. SETBACK RULES ONLY APPLY TO STRUCTURES THAT ARE ABOVE GROUND LEVEL AND DO NOT APPLY TO DRIVEWAYS AND PATIOS. CHAIRI•IAN 1•'OLEVER REVIEWED THE PLANNING AND ZONING BOARD'S RECOMIIENDATION FOR APPROVAL OF TIIIS VARIANCE TO THE BOARD. AT THIS TIME, MR. WOLEVER READ ALOUD PAGES 6 AND 7 OF THE APPLICATION I•HIICII HAD BEEN COMPLETED BY MR, MCGEHEE A14SWERING THE FOUR CONDITIONS NECESSARY 14HEN,APPLYING FOR A VARIANCE. UNDER REQUIREMENT NO, 1, REGARDING SPECIAL CONDITIONS AND CIRCUMSTANCES EXISTING WHICH ARE PECULIAR TO THE LAND, ATTORNEY SCOTT QUESTIONED THE. BUILDING OFFICIAL AS TO WHETHER Olt NOT THERE WERE OTHER PROPERTIES IN TIIIS SAME DISTRICT HAVING THE SAME PROBLEM. MR. SCOTT INFORMED THE BOARD THAT TliliY MOULD HAVE TO SATISFY THEMSELVES THAT THIS WAS A UNIQUE PIECE OF PROPERTY IN ORDER FOR TIIIS REQUEST FOR VARIANCE TO MEET THE. CRITERIA SET OUT IN THIS PARAGRAPH, IT WAS ALSO POINTED OUT THAT ALL FOUR CONDITIONS HAD TO APPLY II•I ORDER FOR A VARIANCE TO BE GRANTED. MR. LLOYD QUESTIONED THE ATTORNEY REGARDING THE BOARD'S POSITION AS FAR AS SETTING A PRECEDENT IF THE VARIA14CE WAS GRANTED. MR. SCOTT INFORMED THE BOARD THAT ANYBODY ELSE THAT HAD A PATIO THAT WAS BUILT INTO THE SETBACK WOULD BE ABLE TO PUT UP A SCREENED PORCH ON IT UNLESS THIS. WAS A UNIQUE PIECE OF PROPERTY.. MR. SCOTT SAID HE WOULD ASSUME THAT THERE FERE OTHER PATIOS BUILT INTO THE SETBACK AREA. IT WAS POINTED OUT THAT :Rt. McGEHEE COULD BUILD. OUT TO 7 FEET ON THIS EXISTING PATIO AND STILL BE WITHIN THE ALLOWED SETBACK REQUIREMENTS. IT WAS NOTED THAT THERE HAD NOT BEEN ANY OBJECTIONS RECEIVED AT CITY HALL REGARDING THIS REQUEST FOR VARIANCE. BOARD OF ADJUSTMENT •.'I MINUTES OCTOBER 15, 1979 PAGE 2 O 3 PAGES CHAIRMAN WOLEVER ASKED FOR OPPONENTS OR PROPONENTS IM THE AUDIENCE. NONE WERE STATED. MR. RICKI•IAII MOVED TO DENY THIS REQUEST FOR VARIANCE. MR. GREENE SECONDED MOTION. DURING DISCUSSION FOLLOWING THE ABOVE MOTION, IT WAS POINTED OUT THAT THE HOUSE IN THE REAR OF MR, McGEHEE'SHAD 13UILT AN ENCLOSED ROOM I-MICH WAS INTO THE 8 FOOT SETBACK. VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWSi IN FAVOR;. MR. RICKPIAN AND CHAIRMAN WOLEVER; OPPOSED; MR. LLOYD, 41R. MUHS AND MR. GREENE. AT THIS TIME, MR. LLOYD MOVED TO RECOY21END APPROVAL OF THIS VARIANCE, MR. MUHS SECO14DED MOTION. MR. RICKMAN ASKED FOR MR, LLOYD'S REASONING FOR APPROVING THIS VARIANCE. MR. LLOYD STATED THAT HE RECOGNIZED THE. PRECEDENT THAT THE BOARD WAS POTENTIALLY SETTING BUT THAT HE ASSUMED THAT EACH CASE WOULD E•E JUDGED ON ITS MERITS AND IF SOMEBODY WANTED A VARIANCE TO BUILD A SCREENED PORCH ON THEIR PATIO THEY WOULD STILL HAVE TO COME. BEFORE THE BOARD WITH SUPPORTING. RATIONALE. ATTORNEY SCOTT CAUTIONED THAT IN CASK OF THE SAME SIMILAR CIRCUMSTANCES IN ANOTHER PETITION, THE BOARD WOULD NOT HE ABLE TO TURN IT DOWN WITHOUT RUNNING THE RISK OF THE PETITIONER TAKING THE CASE TO COURT. .CHAIRMAN WOLEVER REQUESTED. THAT THE SECRETARY CALL THE VOTE AND THAT THE 130ARD MEMBERS STATE THEIR PHILOSOPHY WHEN VOTING IN ORDER TO COMPLETE THE PORTION OF THE. APPLICATION REQUIRING THIS. BOARD MEMBER'S PHILOSOPHIES HAVE BEEN TYPED ON THE PETITIONER'S APPLICATION AND ATTACHED TO THESE MINUTES. VOTE WAS AS FOLLOWS: IN FAVOR; PSR. LLOYD AND PIR, MORS, OPPOSED; PIR. RICKMAN, CIIAIRPIA14 WOLEVER AND PIR. GREENE. MOTION TO ACCEPT THE VARIANCE WAS DEFEATED BY VOTE OF THREE TO TWO. AT 8:25 P.M., PBI. RICKMAN MOVED TO ADJOURN. MR. MUHS SECONDED MOTION. MOTION CARRIED. APPROVED THIS ! `"DAY OF in; 7� : a % 1979.. PATATCZA J . BE CITY CLERK 1AIRMAN - BOARD OF ADJUSTMENT BD. OF ADJUSTMENT MINI OCTOBER 15,1979 PAGE 3 OF 3,PAGES. Cl'ION lly ZONING IIOARD O_ h AD31151 "11 NTti 1. A public Learing was held on requc:u 99 -� nt city (tall to-l10-15-79 2. Action taken: RequesF approved. x Request tlellletl at at which liequest is tabled until time this meecing will reconvene. liequcst In, returned to: • Planning and %unlug Iloartl Applicant 3 The factual basis upon which Zoning Board of Athnustnlcnt decision was rendered is as follows: (reference 695.23 for variance.;, 6.15.21 and .22 for special exceptio and 695.19 for administrative review.) 1111e motion defcilting the variance wale as follows: Mr. Lloyd lmvcd to recamtend approval of: this variance. Mr. [pulls seconded tmtion. vote on the [codon and the board'"Ti:er's philosophy was as follows: Mr. Russell Lloyd t in favor of the notion Philosophy; I believe Uaa gentleirvr had a reasonable assimPtion lie-Wnuld be able to build a screened enclosure. If he wanted to block it in, it Would have been out of order but a screened enclosure on a patio is pretty self evident. Mr. Charles Mulls In favor of the notion Philosophy; fir. 1, stawa ted that his philosophy s the. sone as Mr. Lloyd's. Mr. Janes Rick.= opposed the notion Philosophy; I feel it did not meet the four repuirtamnts for •, a variance. . Chairman Vblever. Opposed the nation precedents that Would give this Philosophy; I am against setting p board no consideration in tile future. Mr. Jim Greene opposed the notion Philosophy; Nr. Greene stated that his philosophy was the same as chairmut tblm r's. ' Metion to apProvc the variance ees defeated by a vote of 2 to 3. . DKPE: 10-15-79 ( 7tjrm;nr/ut"tntl, Ipoaul of Atliustmt nls Y Note; g any slr_cial exceptions or variances, the Zoning guard or Adjustment may .In grant In prescribe appropriate conditions aotl safeguards in conformity With tile %unhtp Ortlinnnc s, when made n part of plc terms unticr which Violation of such Conditions and safcgunrtl speclal exception or variance is granted, ::hall he deemed to be a violation Or [Itis ortlin• antl punishable as provided tht.u.in . City of. Cape Canaveral 7 \\ 10l POLN •Vf MUE •P[C�II�V[II�I., 1'--A»B>O - - T[LCP11O,1[>Of >B>•IIOO n c;rTB, BOARD OF ADJUSTMENT rfi'• t[rtfwK>A AUGUST 20, 1979 fr'• 7:30 P.M. -�: AGENDA • CALL TO ORDER ROLL CALL MINUTES OF MARCH 26, 1979 MEETING ITEM 1. REQUEST NO. 79-6 RE: SPECIAL EXCEPTION TO ALLOW PLACEMENT OF A MOBILE HOME AT THE CAPE CANAVERAL WASTEWATER TREATMENT PLANT SITE FOR USE AS A RESIDENCE BY WASTEWATER PLANT OPERATOR FOR SECURITY AND PLANT OPERATIONS. APPLICANT FOR THIS. SPECIAL. EXCEPTION IS TTIE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL ITEM 2. DISCUSSION RE: OCEAN WOODS BUFFER ZONE FOR THE PURPOSE OF CLARIFYING BUILDING OFFICIAWS QUESTIONS ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT • AUGUST 20, 1979 THE BOARD OF ADJUSTi.u:NT OF THE CITY OF CAPE CANAVERAL MET ON AUGUST 20, 1979, AT CITY HALL, 10$ POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7s95 P.M. BY CHAIRMAN GEORGE VIOLEVER. THE ROLL WAS CALLED BY THE SECRETARY. BOARD IIEMDERS PRESENT WERE: GEORGE VIOLEVER — CHAIRMAN JAMES RICKMAN — VICE CHAIRMAN ROBERT LAMS - MEMBER CHARLES MUHS — t.MMER RUSSELL LLOYD — MEMBER JAMES GREENE — ALTERNATE RICHARD F. SCOTT — CITY ATTORNEY WILLIAM I2. CLIFTON — ATTORNEY, CITY OF COCOA JAY BOLTON — BUILDING OFFICIAL PATRICIA BEAULIEU — CITY CLERK JOAN FOSDICK — SECRETARY ALSO PRESENT WERE: JOHN STARLING -ATTORNEY, FIRST INTERSTATE MINUTES OF MARCH 26, 1979, METING WERE READ BY THE SECRETARY. HEARING NO CORRECTIONS, CHAIRMAN VIOI.EVER STATED THE MINUTES WERE APPROVED AS MD. IN RESPONSE TO QUESTION FROM MR. LAWS, CHAIRMAN VIOLEVER STATED HE INTENDED TO CHAIR BOTH AGENDA ITEMS AND WOULD RESTRICT HIS STATEMENTS ON MEAN WOODS TO ACTUAL QUOTATIONS FROM THE ATTORNEY OR PREVIOUS MINUTES. 1.1R. LAWS STATED THAT THE REASON FOR HIS QUESTION WAS TO ASCERTAIN IF A14YONE OBJECTED TO REVER— SING ORDER OF THE AGENDA. FOLLOWING READING OF.AGENDA BY CHAIRMAN VIOLEVER, 1:,Ii. LAWS MOVED TO REVERSE ORDER OF AGENDA TO DISCUSS ITEM 2, OCEAN WOODS, AND THEN ITEM 1. REQUEST NO. 79-6. MR. MUHS SECONDED riOTIONI MOTION CARRIED UNANIMOUSLY. MR. SCOTT CITED HIS PREVIOUS CONFLICT OF INTEREST STATEMENT AND DEFERRED TO MR. CLIFTON HANDLING OF THIS AGENDA ITEM. ITEM 2. DISCUSSION RE= OCEAN 1400DS BUFFER ZONE FOR. THE PURPOSE OF CLARIFYING BUILDING OFFICIAL'S QUESTIONS CHAIRMAN WOLEVER GAVE A BRIEF STATEMENT ON THE OCEAN WOODS PROGRESS TO DATE. MR. STARLING REQUESTED CLARIFICATION OF AGENDA ITEM AND ASKED IF THE DOARD INTENDED TO RECONSIDER THE PREVIOUSLY APPROVED PIAT. CILAIRIIAN WOLEVER ADVISED THAT THERE APPEARED TO DE 50;.^ CONFLICT BET7IEEN THE STATE61ENT OF JUSTIFICATION AND THE ZONIIIG REGULATIONS CONCERNING CONTINGENCIES UNDER MICH STAGES 8, 9, & 10 WERE APPROVED AND THE BUILDING OFFICIAL'S UNDERSTANDING OF THE BOARD'S PULING. MR. STARLING INQUIRE]) 11HETHER THE BOARD HAD JURISDICTION TO RENDER A DECISION ON THIS ITEM. MR. CLIFTON ADVISED THE BOARD THAT IF THEY DISCUSSED THIS MATTER AND RENDERED A DECISION THE BOARD WOULD HAVE DIFFICULTY REVIEWING THE ];ATTER IF AN APPEAL WAS LIADE BY THE HOMEOI.1NERS OR OCEAN WOODS. HE FURTHER ADVISED THAT AS ATTORNEY POR THE CITY OF COCOA HE WOULD RECOhIWND THAT ' THE COCOA BOARD OF ADJUSTMENT NOT HEAR THIS ITEM BECAUSE THEY MIGHT HAVE TO REVIEW THE BUILDING OFFICIAL'S DECISION IRIICH ]'IAS 13ASED ON THEIR ADVICE. FOLLOYIING STATEIEENT BY 19R. BOLTON, BUILDING OFFICIAL, CONCERNING HIS QUESTIONS ON OCEAN WOODS, PRICARILY CONSTRUCTION OF FENCES IN THE BUFFER ZONE, AND FURTHER DISCUSSION BY ATTORNEY CLIFTON AND BOARD 1401BERS, MR. LAWS LADE A f6OTION TO MOVE ON TO ITEfd N0. 1. LIR. RICKMAN SECONDED THE MOTION; MOTION CARRIED UNANIMOUSLY. CHAIRMSAN WOLEVER CALLED A RECESS AT 8:18 P.I.I. MEETING RECONVENED AT 8:2/ P.M. CHAIRMAN WOLEVER ADVISED THAT LIR. RICKMAN HAD ANOTHER CO'-I1IT61ENT AND MR. GREENE WOULD DE SITTING IN FOP. HIM. ATTORNEY SCOTT RESUI.IED HIS POSITION ON THE. BOARD. ITEi.i 1. REQUEST NO. 79-6 RE, SPECIAL EXCEPTION TO ALT,OJ PLACI:ot\T OFA M10BILE HOES AT THE CA YL•' CANAVERAL 19AST"-IATER TREATMENT PLANT SITE FOR USE AS A RESIDENCE BY 61ASTEWATER PLANT OPERATOR FORSECURITY AND PLANT OPERATIONS. APPLICANT FOR THIS SPECIAL' EXCEPTION IS THE CITY COUNCIL OF TF3E CITY OF CAPE CANAVL•'1{AL CHAIRM711I WOLEVER NOTED THAT THE REQUEST FOR SPECIAL EXCEP— TION HAD BEEN PROPERLY FILLED OUT, EXECUTED BY THE BUILDING OFFICIAL, LEGALLY ADVERTISED AND PROPERTY OUI;ERS WITHIN 500 FT. BAD DEEM NOTIrFFIED. HE ALSO ]TOTED THAT IT WAS REVIEWED BY THE • PLANNING,AND ZONING BO,%RD MiO PECO'SIENDED APPROVAL WITH THE CONTING-ENCY THAT IT BE APPROVED FOR ONE YEAR AND SUBJECT TO ANNUAL REVIEN ON A CONTIIIUING BASIS. CHAIRMAN WOLEVER STATED TEAT CEVESCO, I110., WAS THE ONLY PROPERTY 01•INER l'IITHIII 500 FT, AND HAD BEEN NOTIFIED BY LETTER PROId THE CITY CLERK DATED AUGUST 10, 1979. CHAIREAN WOLEVER P.FAD THE REPLY FP.Oil CEVESCO TO THE CITY TANAGER DATED AUGUST 14, 1979, WHICH IS IADE A PART OF THIS RECORD AND IS ATTACHED TO THESE MINUTES. AT THE REQUEST OF CHAIRIAN PIOLEVER,. I.M. BOLTON, BUILDING OFFICIAL, BRIEFED THE B0,1RD Oil THE LOCATION OF THE L10BILE H0,14E AND HIS RECOIMIEN11MON FOR APPROVAL. CMIRL➢1N WOLEVER OPENED THE FLOOR FOR QUESTIONS OR COMME'NT'S. MAYOR JOHN I•IURPRY SPOKEIN FAVOR OF THE REQUEST AND ENCOURAGED THE BOARD. TO RECOIU..E.ND APPROVAL. HE GAVE A BRIEF STATEi.IT ON THE BENEFITS TO BE DERIVED BY THE CITY AND PERTINENT INFORVATION CONCERNING THIS REQUEST. LIRS..ATIN THURM ALSO SPOKE IN FAVOR OF THE REQUEST AND STATED IT WAS IN KEEPING :'LITH ACTION TAKEN III OTHER AREAS SUCH AS SCHOOLS AND OTHER CITIES. LIR. LAWS STATED THAT UNDER T-1 PROHIBITED, USES AND STRUC— TURES THE ONLY TILING THAT IS PERMITTED IS MULTI—MIILY, MOTELS AND HOTEMS. HOYH4VER, ONE OP THE ITELIS PERMITTED UNDER SPECIAL EXCEPTIONS BY THE BOARD OF AWUSTMENT IS PUBLIC UTILITIES AND RIGHTS—OF-11AY, ARID I THI14K WE COULD INTERPRET THIS AS A PUBLIC UTILITY AND GRANT IT U14DER THAT BASIS. CHAIP.AN WOLEVER ADVISED .THE BOARD THEY HAD THREE OPTIONS; I. E., RECO0.1END APPROVAL, RECOL11END DISAPPROVAL, OR TABLE IT FOR I•'UTURE CONSIDERATION. MR. LLOYD MOVED THAT THE BOARD ACCEPT THE SPECIAL EXCEPTION AND APPROVE THE SITING. MR. GREENE SECONDED THE MOTION; MOTION CARRIED UNANIMOUSLY.. BOARD OF ADJUSTLTENT 8-20-79 PAGE 3 OF 4 City of Cape Canaveral UK MUnrx REQUEST NO. 79-5 WAS FOR SPECIAL EXCEPTION (8699 N. ASTRONAUT BLVD.) FOR J. KENNEDY. MR. KENNEDY WITHDREW REQUEST 14HEII 14EW BUILDING OFFICIAL INTERPRETED ORDINANCE. MR. KENNEDY'S $100.00 WAS REFUNDED. F., -:Am City of Cape Canaveral I R OD POEK --C . CAPE CEn IENE i 37920 TELEPHONE l0! 7 x. ua f CiT7OE CAKwuYEW REQUEST NO. 79-4 - CITY COUNCIL APPEAL OF BUILDING OFFICIAL'S DECISION RE:. - PROPERTY LOCATED AT 104 MONROE AVENUE. CITY COUNCIL WITHDREW APPEAL TO BOARD; OF ADJUSTMENT AT APRIL 17, 1979 MEETING. ,� { -'City of Cape Canaveral 105 POLR •VENUE . CAPE CANAVERAL. I-RIDA O]V20 i!fl 1cuPNonE aoe veo-uao BOARD OF ADJUSTMENT MARCH 26, 1979 7:30 P.M. AGENDA. CALL TO ORDER �I ROLL CALL MINUTES OF OCTOBER 2, 1978 ITEM 1. ELECTION OF OFFICERS ITEM 2. REQUEST NO. 79-3 RE: REVIEW AND APPROVAL OF STAGES 8, 9, 10A, 10B AND 10C OF OCEAN WOODS R.P.U.D. (FIRST INTERSTATE) ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT n1ARGH 26, 1979 THE BOARD OF ADJUST7dENT OF THE CITY OF CALL CANAVERAL MET ON MARCH 26, 1979, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.' THE MEETING WAS CALLED TO ORDER AT 7:34 P.M. BY CHAIRMAN JAMES RICKBAN. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MiE,'<3iERS PRESENT WERE: JAMES RICKMAN - CHAIRMAN ROBERT LAWS - VICE CHAIMIAN CHARLES MUHS - MEMBER GEORGE WOLEVER - MEI -MER JOAN CALVERT - MEMBER RUSSELL LLOYD - ALTERNATE RICHARD F. SCOTT - CITY ATTORNEY WILLIAM R. CLIFTON - ATTORNEY, CITY OF COCOA ELVIN ALLEN - BUILDING OFFICIAL TOMAY STRANG - BRILEY, WILD & ASSO. PATRICIA BEAULIEU - CITY CLERK JOAN FOSDICK - SECRETARY ALSO PRESENT WERE: TOM l9ASDIN OCTAN WOODS RICHARD STOTTLER -FIRST INTERSTATE CHARLES HARRIS - ATTORNEY, FIRST INTERSTATE ROY CO'r7ELL - OCE1N WOODS AFTER READING OF 14INUTES OF OCTOBER 2, 1978, MEETING BY THE SECRETARY, MR. LAWS MOVED THAT THE MINUTES BE APPROVED AS READ AND MUM, I.JUHS SECONDED. IAOTION CARRIED UNANIMOUSLY. AFTER READING OF MINUTES OF MARCH 13, 1979, WORKSHOP MEETING BY THE SECRETARY, MR. M4UHS MOVED THAT THE MINUTES BE APPROVED AS READ AND MR. LAWS SECONDED. NOTION CARRIED UNANIMOUSLY. ITEM i. ELECTION OF OFFICERS IdR. LAl•!S MOVED TO REVERSE ORDER OF AGENDA AND HOLD ELECTION OF OFFICERS AFTER OCEAN WOODS HEARING AND MR.'MUHS SECONDED. MOTION CARRIED UNANIMOUSLY. ITEM 2. E REVIEW A14D APPROVAL OF STAGES li�OgEST5114?.BZA M 9. 2�Dj C OF OCEAN WOODS iFIRST INTERSTATE) CHAIRI-7,14 RICKMN READ LETTER FROM MR. '.','OLEVER TO CITY MANAGER AND BOARD REMBERS STATING THAT HE WAS STEPPING DOWN AND TURNING HIS SEAT OVER TO THE ALTERNATE RE14BER FOR THE OCEAN WOODS HEARING. ATTORNEY SCOTT ADVISED TIME CHAIR614N, THAT BECAUSE OF QUESTIONS CONCERNING POTENTIAL CONFLICT OF INTEREST BETWEEN HIS FIRM AND THE APPLICANT, HE WAS ALSO VOLU14TARILY STEPPING DOWN FROM THIS HEARING. HE ADVISED THE BOARD THAT 1M. WILLIAM CLIFTON WAS APPOINTED AS ACTING CITY ATTORNEY BY THE CITY COUNCIL AND HE WILL ALSO SERVE AS PARLIAKENTARIAN. ATTORNEY SCOTT STATED HE WOULD REMAIN AND OFFERED TO ANSWER ANY QUESTIONS CONCERNING THE HISTORY OF THIS CASE. MRS. CALVERT MOVED THAT THE BOARDVOTEON EACH ISSUE SEPARATELY SINCE THERE WERE SO MANY ITEMS ON THE AGENDA AND MR. LAWS SECONDED. MOTION CARRIED UNANIIJOUSLY. COMPLIANCE WITH STATEMENT OF JUSTTPTCATTON AND ADDENDUM PATHWAYS FOR SCHOOL CHILDREN PROPERTY OWNER ASKED IF PLAN HAD BEEN FILED. CHAIRMN RICKIIAN STATED ALL OF THE ITEMS HAD BEEN FILED WITH THE CITY AND THE BOARD HAD HELD A 11ORKSHOP ON THIS REQUEST. HE ASKED THE APPLICANT FOR A BRIEF PRESENTATION. MR, WASDIN, OCEAN WOODS, STATED HE WAS REQUESTING APPROVAL OF STAGES 8, 9, 10A, B AND C. THESE FINAL STAGES MAKE UP A TOTAL OF 304 UNITS, WHICH IS THE NIMMER OF UNITS APPROVED FOR THIS PROJECT, AND ARE BROKEN DOWN AS FOLLMISt STAGE 8 - 6 DETACHED SINGLE rAl-1ILY A14D ATTACHED SINGLE FAMILY UNITS FOR A TOTAL OF 2$ UNITS; STAGE 9 - 38 UNITS; STAGE JOA - 16 UNITS; STAGE SOB - 24 UNITS; AND STAGE IOC - 20 UNITS. MRS. CALVERT ASKED FOR INFORMATION ON WHERE THE PATMAY WAS LOCATED. LOCATION OF PATHWAY WAS POINTED OUT ON Ca PS AND DOCtMENT INDICATING THAT THIS PARTICULAR EASET-lENT FAD BEEN DEEDED TO THE CITY WAS FURNISHED. MRS. CALVERT ASKED IF THE DEVELOPER WAS TO PROVIDE A 6 -FT. WALKWAY. IT WAS ASCERTAINED BOARD OF ADJUSTMENT 3-26-79 PAGE 2 OF 9 AT THIS TIES THAT THE PATHWAY WAS TO BE A 10—FT. MSF.I'ENT. 14R. LLOYD ASKED ATTORNEY SCOTT IF THIS SATISFIED THE'STATEV.E[�:T OF JUSTIFICATION REQUIRELB:NTS AS PRESENTED. ATTORNEY SCOTT STATED IT WAS A PROPER DEED AND A PROPER DEDICATION BUT IT YIPS UP TO THE BUILDING OFFICIAL AND THE CITY ENGINEER AS TO THE EXACT LOCATION OF THE Ff SEI•S'. NT WHICH WAS VERIFIED BY T.M. ALLEN. BOARD KEMMERS POINTED OUT THAT THERE WAS A. DIFFERENCE FROM WFViT WAS IN THEE STATETMNT OF JUSTIFICATION. CHAIRVAN RICKI7,I1 READ A 1•IOTION FROM MINUTES OF JANUARY 12, 1976, VEETIF.G APPROVING A SINGULAR PATl61AY. PROPERTY OWNER, 1-11R.'i1ELTON,' ASKED A QUESTION ON HOW THE PATH WHICH NOW TURNED OUT TO BE A PAPER PATH WAS TO BE CONSTRUCTED. CFAIRIAN RICKI:AN STATED THAT TECH14ICALLY ALL THAT WAS ASKED FOR WAS AN EASEtfEI4T AND AT NO TI6P PIAS CONSTRUC— TION DISCUSSED. MR. LAMS 6.OVED THAT THE BOARD ACCEPT THE PATHWAY PLAN AS PRESENTED AND I.M. NUNS SECONDED. LOTION CARRIED UNANITOUSLY. ACCESS TO RIDGEWOOD — LEGAL EVIDENCE FOR THIS ACCESS FURNISHED BY DEVELOPER 671. ALLEN BRIEFED BOARD MEMBERS OF EVIDENCE OF ACCESS TO RIDGEWOOD AND IDENTIFIED LOCATION ON PLOT PLAN. ATTORNEY SCOTT STATED DRAFT OF DEED WAS PRESENTED BUT HAD NOT.BEE14 EXECUTED BY FIRST INTERSTATE$ THEREFORE, THE BOARD'S APPROVAL OR DISAPPROVAL WOULD HAVE TO BE CONTINGENT UPON RECEIPT OF.OFFICIAL SIGNED DEED. 6711S. RIGERMN ASKED FOR WORDING OF P.EQUIREVXNT FROM STATMIENT OF JUSTIFICATION. MR. CLIFTON READ THE COURT ORDER ON THIS SUBJECT AND STATED THEY ONLY HAD TO PROVIDE ACCESS TO RIDGEWOOD AVENUE. MR. STOTTLER STATED, WHEN ACCESS UAS ORIGINALLY DISCUSSED WHETHER RIDGE11OOD SHOULD GO THROUGH, OCEAN HOODS WANTED TO PROVIDE TWO WAY ACCESS IN AND OUT OF THEIR PROJECT; HO„'EVER, THE BOARD OF ADJUSTUENT AT THAT TIb:E DETE—rbSNED THAT OCEAN WOODS WOULD PROVIDE ACCESS TO THEIR PROPERTY. IN REPLY TO QUESTION FROid PROPERTY OWNER, OCEAN WOODS STATED THE ACCESS ROAD WOULD BE CONSTRUCTED WITHIN THE NEXT 60 DAYS. IN RESPONSE TO INQUIRIES FROM A PROPERTY OXNER AND 1M. LAWS ON WHETHER THEY WERE GOING TO USE THE ACCESS ROAD, FOR CONSTRUCTION ACCESS AS OPPOSED TO THE BUFFER ZONE, MR. STOTTLER REPLIED YES. 1.71S. RIGERVAN EXPRESSED CONCERN THAT THE ACCESS ROAD BE PROPERLY PAVED AND BOARD OF ADJUSTF,ENT 3-26-79 PACE 3 OF AND SUITABLE FOP, VEHICULAR TRAFFIC SINCE IT WAS NOT WITHIN THE STAGES OF THE R.P.U.D. Gii, STOTTLEP• STATED THEY INTENDED TO CONSTRUCT IT IN THE SAID t✓ANI:ER AS THE OTHER ROADS IN THE PROJECT BUT DID NOT INTEND TO DO THIS INITIALLY EECAUSE IT PIOULD BE TOR14 UP BY CONSTRUCTION. CHAIRVAtI RICKI✓AN ASKED FOR CLSRIFICATION ON FAIIDLING OF THIS ITEM. ATTORNEY CLIFTON REPLIED THAT THERE 4IERE T'AO COiIC£RNSt (1) CONTINGENT UPON. LEGAL DESCRIPTION BEING CORRECT, AND (2) CONTINGENT UPON ACCESS BEING PAVED IN SAI^ I.ANNER AS OTHER. ROADS III OCEAN Y;OODS PROJECT UFO^1 COLiPL£TION OF CONSTRUCTION. I;R, STOTTLER STATED THAT THIS ljtAS THEIR. INTENT. WR. STRANG, BRILEY,.t•IILD & ASSOCIATES, CITY ENGINEER.., STATED THAT THEY NOULD SEE THAT IT WAS CONSTRUCTED ACCORDING TO CITY SPECIFICATIONS. ITR. IiUHS L.OV D F T THE BOARD ACCEPT ACCESS TO RIDGE OOD UPON THE CITY'S RECEIVING PROOF OF FILING OF A PROPERLY EXECUTED EASELiENT CONTAINING A LEGAT, DESCRIPTION APPROVED BY THE BUILDING OFFICIAL AND ALSO CONTINGENT THAT THE PAVING_OR CONSTRUCTION OP THE ROAD ItEETS THE APPROVAL OF THE CITY ENGINEER AND BUILDTNG INSPECTOR..tIRS CAI•VERT SECONDED. 11R. 6SURPHY INQUIRED ABOUT 1.11AINTENANCE RESPONSIBILITY. CFAIP,CAN RICKPAN STATED IT WAS AN EASEI•JENT ON THEIR PROPERTY AND OCEAN tJOODS l;OULD HAVE THE RESPONSIBILITY TO I,AINTAIN THE ACCESS ROAD. PROPERTY ONNERS CALLED ATTENTION TO PACE 9, PARAGRAPH. E, OF THE STATEIENT OF JUSTIFICATION REFERENCE ACCESS FOR PUBLIC VEHICLES. FOLLOWING DISCUSSION, VOTE ON MOTION CARRIED UNANII:OUSLY. ACCESS TO STATE ROAD 40 - LEGAL EVIDENCE FURNISHED BY DEVELOPER CHAIRMAN RICKIAN ADVISED THE BOARD THAT HE HAD 7190 PROPERLY SIGNED, SE4L£D, AND NOTARIZED DOCUTIENTS, FOLLOINING DISCUSSION AND BRIEFING BY I.M. ALLEN AS TO LOCATION ON PLOT PLAN, CHAIBMAN RICKIAN 1•IOVED TO APPROVE THE ACCESS TO STATE ROAD 401 AS PRESENTED. MR. L4F.'S SECONDED. POTION CARRIED UNANTKOUSI,Y. BOARD OF ADJUSTI,',ENT 3-26-79 PAGE F of 9 M -1i" Y DEVELOPER DEPICTING RIDGEM I.I'll-l�-�,�;g",E�IPIi.2iE.l�FPi WOODS STREET FOLLOWING PRESENTATION OF DRAWING FURNIMMD BY DEVELOPER DEPICTING RIDGEWOOD CONNECTING TO OCEAN 1'.00DS I.M. LLOYD 11OVED THAT THE DRAWING BE ACCEPTED A.7 PRESENTIM. MMS. CALVERT SECONDED. V.OTION CARRIED UNAVIVIOUSLY. PARI[TNG - REVIEW OF PREVIOUSLY PRESENTED SKETCH 1.1R. ROY CO',1ELL BRIEFED THE BOARD Cr PLAN PRESENTING THREE ALTERNATIVES WHICH WAS PREVIOUSLY APPROVED AS STATED IN FEBRUARY 9, 1976, BOARD OF ADJUSTMMIT PINUTES. 1'.R. IMIS 1.',OVED THAT THE pREVIousj,y ACCEPTED PARKING SKETCH BE APPROVED, 14R. f.,,UHS SECC11DED. AFTER FURTHER DISCUSSION OF THE PARKING WITH REFERENCE TO OFF STREET PARKING OF SIX VEHICLES, PARKING IN SETBACKS, AND BOAT STORAGE, VOTE ON 1-10TION CAR IED UNANIMOUSLY. CHAIRMAN RICKI.I.All CALLED A RECESS AT 8:58 P.M. FOR FIVE MINUTES. CHAIRMAN RICKNIAN MCONVENED THE 14EETING AT 9i08 P.M. BUFFER ZONE CHAIRVNN RICKM.N READ FROM STATEI-IrENT OF JUSTIFICATION CONCERNING BUFFER ZONE. HE STATED ITEMS TO BE DEALT '.'!ITH CONCERNED WHAT IS REQUIRED AND WHAT IS ALLOI.-IED IN THE BUFFER ZONE. IN RESPONSE TO QUESTIONS ON DEFINITION OF BUFFER ZONE, ATTORNEY CLIFTON READ DEFINITIONS FROM SECTION 8 OF FORMER ZONING ORDINANCE AND LEGAL TREATISE FROU 11cQUILLAN'S 1,1UNICIPAL CORPORATION, SECTION 25.92, BUFFER AREA. MR. WOLEVER ADVISED CHAIRMAN RICKVAN THAT HE KISSED A FEW THINGS IN THE STATEMENT OF JUSTIFICATION AND PROCEEDED TO REVIE'd THOSE ITEMIS. HE ALSO READ FRO14 MINUTES OF MARCH 6. 1978; APRIL 3, 1978: AND AUGUST 8, 1978, KEETINGS OF THE BOARD OF ADJUSTMMNT PERTAINING TO BUFFER ZONE. INTRODUCTION OF PICTURES OF BUFFER AREA WERE INTRODUCED BY MR. WOLEVER AND 14R, CMIELL AND HAVE BEEN MADE A RECORD OF THIS HEARING. NUI,!:,:-RCUS COMPLAINTS WERE VOICED BY PROPERTY OWNERS IN HARBOR HEIGHTS ABOUT REMOVAL OF VEGETATION, POSSIBLE GRADING FOR BIKE PATH, FENCES IN BUFFER ZONE, PEDESTRIAN TRAFFIC, AND ENFORCEMENT OF THE STATEIMNT OF JUSTI- FICATION REQUIREIMNTS. M.R. WOLEEVER POINTED OUT THAT 14R. SCOTT STATED BOARD OF ADJUSTlTENT 3-26-79 PAGE 5 OF 9 • PREVIOUSLY THAT IT DIDN'T MAKE ANY DIFFERENCE WHO OWNED THE BUFFER STRIP, IT MUST BE RETAINED IN ITS•NATURAL STATE AND ENFORCEMENT WAS 'THE- RESPONSIBILITY OF THE BUILDING OFFICIAL. WR. WELTON PRESENTED A PETITION SIGNED BY HARBOR HEIGHTS RESIDENTS, WHO ABUT OCEAN WOODS DEVELOPIENT AND READ THEIR STATEMENT CONCERNING THE BUFFER AREA. THE PETITION HAS BEEN LADE A TART OF THIS PROCEEDING. MR. PAUL KNITTEL PRESENTED A PETITION SIGNED BY 86 DIFFERENT RESIDENTS OF HARBOR HEIGHTS WHO SUPPORTED PROPERTY OWNERS ABUTTING OCEAN WOODS DEVELOPMENT AND READ THEIR STATE- GWNT CONCERNING THE BUFFER ZONE REMAINING INTACT. THE PETITION. HAS BEEN MADE A PART OF THIS PROCEEDING. AFTER SEVERAL ADDITIONAL C0I&IENTS ON THIS ITEM, MR. IAWS VOVED TO ACCEPT STAGES 8. 9. AND 10 CONTINGENT UPON UNDERSTANDING THAT NO SURFACE PATH, MACADAM OR MARL, FOR BICYCLE PATH OR SI1'IIAP. PATH, BE CONSTRUCTED IN EITHER BUFFER ZONE. CHAIRMAN RICKMAN SECONDED. MOTION CARRIED UNANI14OUSLY. MRS. CALVERT MOVED THAT ACCEPTANCE OF STAGES 8. 9, ARID 10 WITH REFERENCE TO THE BUFFER ZONE BE CONTINGENT THAT ANY NATURAL GROWTH THAT HAS BEEN REMOVED BE RESTORED AS NEAR AS PRACTICAL TO ITS ORIGINAL, CONDITION AND BE ASSURED THAT ' THERE WILT, BE NO MORE REL:OVAL OF ANY NATURAI. GROWTH WITH THE EXCEPTION OF UTILITY TIE-INS. MR. I•?UHS SECONDED. MOTION CARRIED UNANIMOUSLY. MR. LAWS MADE A MOTION TO MOVE Ol4 TO DENSITY. M.R. LLOYD SECONDED. MOTION CARRIED UNANIMOUSLY. DENSITY AFTER DISCUSSI014 ON DENSITY, MR. LLOYD MOVED TO ACCEPT DENSITY AS PROPOSED BY THE DEVELOPER. 11R. LAWS SECONDED.. EMOTION CARRIED UNANIMOUSLY. SIX PLEY.ES AFTER DISCUSSION ON SIX FLEXES, MR. MUHS MOVED TO ACCEPT SIX SIX PLIES IW STAGES 9 AND SOCIW STAGES 9 AND SOC. M.R. LAPIS SECONDED 1,10TTON CARRIED UNANIIiOUSLY. BOARD OF ADTUSTMIENT 3-26-79 'nGE 6 OF 9 CMIPLIANCE WITH R.P.U.D. AND SPI -CTAT. EYrTMTI017 "cCTION^ OF FORT Lit ZONING ORDIIlA N.CE DECQRAT7017 OF RESTRICTION^ 01; RLAI ESTATE CITY CLERK STATED THAT DECLARATION OF RESTRICTIONS ON THESE STAGES ,HAS BEEN FURNISHED BUT HAS NOT BEEN RECORDED. ATTORNEY SCOTT STATED THAT IF THE BOARD GRANTED APPROVAL IT SHOULD BE CONTINGENT ON THESE RESTRICTIONS BEING RECORDED. I1R. LAWS I -'ADE A WOTION TO I10VF. ON TO THE NEXT ITEI1 OF RECREATION AREA DEVELOIN ENT. CHAIRCAN RICKV,%N SECONDED. 110TION CARRIED UNANIIPOUSLY. RECREATION AREA DEVELOT1.1ENT AFTER DISCUSSION A14D READING OF MINUTES OF OCTOBER 2, 1978, BOARD OF ADJUST6ZENT LZETING, I1R. LAWS (COVED THAT THE PROGRESS BEING bLADE ON THE RECREATION AREA. IS SATISFACTORY TO THE BOARD. CHAIEEAN RICKIAN'SECONDED. 1,10TION CARRIED UNA.NIl10USLY. TAXES ATTORNEY SCOTT STATED THAT TAX RECEIPTS HAD BEEN FURNISHED TO TIO; CITY CLERK. CIDAIRI,AN RICK[ -!AN STATED HE HAD A COPY OF THE TAX RECEIPT INDICATING THAT TAXES HAD BEEN PAID. GIR. LLOYD EIOVED THAT THIS TTE6l BE ACCEPTED BY THE BOARD. CFAIRCAN RICKVAN SECONDED.. 6.OTION CARRIED UN'+NII.IOUSLY. I -M. LLOYD f•LADE A i'OTION THAT STAGES 8 9 LOA B AND C BE ACCEPTED EASED ON THE CONTINGENCIES APPROVED AT THIS i'EETING BY THIS BOARD. CHAIR(•+AN RICKI,AN SECONDED. MOTION CARRIED UNANIL'OUSLY. OFFICIAL SIGNING OF ('APS OFFICIAL I.7APS FOR STAGES 8, 9,SOA, B AND C WERE NOT SIGNED AT THIS b1EETIHG DUE TO THE FACT THAT THEY HAD NOT BEEN SIGNED BY THE DEVELOPER.. I.1R. RUSSELL LLOYD, ALTERNATE 6M6 -MER, HAS FILED A CONFLICT OF INTEREST FORI1 NO. 4 WHICH HAS BEEN r -ADE A (ART OF THIS PROCEEDING. BOARD OF ADJUST6IENT 3-26-79 PAGE 7 OF 9 ITEM EL=cTml OF OFFICERS ATTORNEY SCOTT AND 1'R. V,'OLEVER RETURNED TO THEIR SEATS OII THE BOARD. ATTORNEY SCOTT ADVISED THAT THIS WAS. THE BOARD'S ANNUAL ELECTION OF OFFICERS AND THEY NEEDED TO ELECT A CHAIF.VAN AND A VICE CHAIRVAN. GiR. LAVIS N014INATED MR. RICKVAN AS CHAIRIAIJ. b1R. t•il1HS SECONDED. MR. RICKVAN DECLINED THE NOMINATION. MRS. CALVERT NOi•',INATED 14R. LAWS AS CFAIRVAN. 1•tR. LAT9S DECLINED THE NOI:IINATION. IR. HICKt.'AN NOMINATED Gill. WOLEVER AS CHAIRWtN. MRS. CALVERT 11R. LAVIS (LOVED THAT NOGiINATIOt•IS BE CLOSED. ATTORNEY SECONDED. TO ELECT I.M. l'IOLEVER SCOTT ADVISED THAT VOTION WAS IN ORDER BY ACCLAlATION SINCE THERE WERE 140 OTHER. NOMINEES. MIR. LAWS 1,OVED THAT 1.IR. tIOLEVER BE .ELECTED BY ACCLAIATION. VOTE BY ROLL L-POR; CALL VIAS AS FOLLOtISt RICKVAN-FOR; (ANS -FOR; GIUHS-FOR; TVOLEVER-AGAINST. ATTORNEY SCOTT STATED SINCE GIOTION.BY ACCLAT'ATION FAILED IT MOULD BE NECESSARY TO CALL ROLL ON ELECTION. VOTE BY ROLL CALL FOR ELECTION WAS AS FOLLOWS; RIC({G+A17-FORT LAWS -PORI MUHS-FOR; CAVIERT-FORI T'IOLEVER-AGAINST. ATTORNEY SCOTT ADVISED THAT LIR. T'IOLEVER WAS ELECTED CHAIRG'AN UNDER PROTEST VOTE 4 TO 1. LIR. LAT'IS I101.1INATED MR. RICKVAN FOR VICE CNAIRt.AN. MRS. CALVERT SECONDED. 11R. LAWS I•IOVED THAT 1101 INATIONS. BE CLOSED. GiR, 16UHS SECONDED. VOTE BY ROLL CALL TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY. 1,jR. LAPIS 1.40VED TO ELECT 11R. RICKGtAN BY ACCLAMATION. MR, I'lUHS SECONDED, VOTE BY POLL CALL TO ELECT 1•TR. PICNIAN AS VICE CHAIP.MA11 BY A.CCIAVATI01.1 CARRIED UNANIMOUSLY' ATTOR14EY SCOTT ANNOUNCED THAT MR. RIC1."VAN VIAS THE NETT VICE CPAIRIAN. AFTER DISCUSSION PATH CITY CLERK, ATTORNEY SCOTT ADVISED 13R. TIOLHVER HE WOULD TAKE OVER AS CHAIRVAN AT THE NEXT I.EETING. I,IR. (AVIS GIOVED.TO ADJOURN THE GU;ETING. I1RS. CALVERT SECONDED. GMETING ADJOURNED AT 11:11 P.G1. BOARD OF ADJUSTOENT P 9 ACE U0F 9 440 A / APPROVED THIS0 DAY OF 1979• JAlIESrErLCKId4Ni. CHAIR6I.AN BOARD OF:ADJUST 6 NT - J JIBOARD OF ADJUSTMENT'; BOARD OF ADJUSTMENT r 1 .• 3-26-79 - 2: -PAGE 9�OF,�9 s FAM 4 DATE ON WHICH VOTE OCCURRED. •xi3 ORANDUM OF VOTING CONFLICT I _March26 _ 7g 79 LLoyd__ __ Russell Tdrphonc: 305 783_-_0600_ ILAsn irm—_IM ST)—_—IDDLE) I /CI INUM1�a ERI 8760 Banyan Way __Cape_Canaveral__32920 ___Brevard ISTr LCT) IcITYI--r21Pc0oE) ICDDIt YI _— 'i Ar.ncy is a unit of Ieheck one1: 1 1 State of Florida; IX) County, City or other Political Subdivision Name ofAgency:_Board ofAdjustment, City of Cape Canaveral Position held in A� na Alternate Member PARTC — -- MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Requiredhy r1oridi Statutes § 112.3143 (/975)1 It you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special privafn gain or the special private gain of any principal by sdlom you aro retained, please disclose the nature of your interest w.'. 1. Description of the matter upon which you voted in your official capacity: - ___— Approval of SCages 8, 9, LOA; IOB, and IOC of Ocean Woods RPUD 2. Description of Ilia pI'Isowl, private, or professional interess you have in the above matter which Inures to your special private gain or the special private gain of any principal by Wiom you ate retained:_____ ______ ALthouBh I have nO direct financial interest with the developer of Ocean Woods, I am a property owner/resident of the development and thereby may stand to gain an increased property value as a result of completion of the development. 3. Person or principal to whom she special gain described above will Inure: a. 1X) Yourself b. 1 1 Principal by whom you are retained:---- PART etained:__-_PART D FILING INSTRUCTIONS This memorandum must ba filed within, fifteen 1151 days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form head not be filed merely to indicate ilia absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however. Ilia conflict must be disclosed pursuant to the requirements desnibed above. PART E SI&SUN OISCLU I G / DATE SIGN[D NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 118751, A FAILURE TO MANE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND 41AY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FOHM4. EFF, 1/1177 ATTACHMENT TO BOARD OF ADJUSTMENT MINUTES OF MARCH 26,' 1979 .. T h ' City of Cape Canaveral .:� 105 PO.K AVENUE . CAPE CANA-AL, ELOTHDA 32920 r TELEPHONE 305 783.1100 PITT UA WuVRA BOARD OF ADJUSTMENT WORKSHOP MEETING MARCH 13, 1979 ..: 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL ITEM 1. DISCUSSION AND REVIEW OF OCEAN WOODS 'STAGES 8, 9 AND 10 ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT WORKSHOP MEETING MARCH 13, 1979 THE BOAID OF ADJUSTMENT OF. THE CITY OF CAPE CANAVERAL MET ON MARCH 13, 1979 AT CITY }TALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. BOARD MEMBERS PRESENT 14ERE: JAMES RIChHlAN -CHAIRMAN ROBERT LAWS -VICE CHAIRMAN CHARLES MUHS -MEMBER GEORGE WOLEVER-MEMBER JOAN Y -MEM-ALTERNATE MEMBER RUSSELLLL LLOYD RICHARD F. SCOTT -CITY ATTORNEY ELVIN ALLEN BUILDING OFFICIAL PATRICIA J. BEAULIEU -CITY CLERK ALSO PRESENT WERE: RICHARD STOTTLER -SECRETARY FIRST INTERSTATE TOM WASDIN -OCEAN WOODS CHARLES HARRIS -ATTORNEY FIRST INTERSTATE ATTORNEY SCOTT ADVISED THE BOARD TO DETERMINE WHAT FINAL DOCUMENTS WOULD BE REQUIRED TO BE FILED WITH THE BOARD OF ADJUST14ENT BEFORE GRANTING APPROVAL FOR OCEAN WOODS STAGES 8, 9, 10A, B AND C AT THE UPCOMING MEETING OF MARCH 26. PIR. SCOTT REVIEWED THE ORDER FROM THE CIRCUIT COURT 1411ICII OVERRULED THE .BOARD OF ADJUST14E•NT AND GRANTED THE R.P.U.D. AND POINTED OUT THAT SECONDARY ISSUES I4ERE UP TO THE BOARD TO DECIDE. SECONDARY ISSUES LISTED IN THE COURT ORDER WERE AS FOLLOWS: 1. ACCESS TO RIDGEWOOD, 2. PATHWAYS FOR SCHOOL CHILDREN, 3. DOUBLE OR SINGLE PARKING IN RESIDENTIAL AREAS. ATTORNEY SCOTT REMINDED MEMBERS THAT PARKING PROVISIONS HAD BEEN REVIEWED AT A PREVIOUS BOARD MEETING AND A SKETCH OF PARK- ING HAD BEEN MADE A PART OF THE RECORD OF THAT MEETING. DBI. SCOTT RECOMMENDED THE BOARD'S REVIEW SHOULD ALSO INCLUDE THE R.P.U.D. AND SPECIAL EXCEPTION SECTIONS OF THE FORMER ZONING ORDINANCE AND THE DEVELOPER'S STATEMENT OF JUSTIFICATION AND ADDENDUM. IT WAS POINTED OUT BY MR. SCOTT THAT THE BOARD CAN APPROVE, DISAPPROVE OR APPROVE WITH CERTAIII CONDITIONS THIS FINAL APPLICATION OF THE ABOVE MENTIONED STAGES. MR. SCOTT INFORPH D THE BOARD THAT HEOULD HAVE DEFINITIONS OF BUFFER ZONE AT THE MARCH 26 MEETING. DISCUSSION FOLLOWED 014 THE BUFFER ZONE BET11EEN THE DEVELOPER, CITIZENS IN THE AUDIENCE AND BOARD MEMBERS. CITIZENS QUESTIONED THE NEED TO DISTURB THIS AREA AND POINTED OUT THAT THE NATURAL VEGETATION HAD BEEN DESTROYED BY THE REMOVAL. OF TREES AND BY, CUTTING ROADS FROM THE BUFFER ZONE INTO THE DEVELOPMENT. MR. 14OLEVER PRESENTED RECENT PHOTOS OF THE BUFFER ZONE AND OBJECTED TO THE I•IANNER IN 4HiICH THIS ZONE HAD BEEN DISTURBED AND ALSO CITED REMOVAL OF TREES AND CUTTING ROADS II4TO DEVELOPMENT AND REMOVAL OF .TOPSOIL. MR. STOTTLER STATED THAT OCEA14 WOODS WOULD REPLANT ANY AREA OF THE BUFFER ZONE THAT I4EEDED TO BE REPLANTED. PBL. SCOTT POINTED OUT TO THE BOARD THAT THE ISSUE OF THE BUFFER 'LONE 14OULD BE DETERMINED AT THE MARCH 26 MEETING AND THAT IT WAS THE BOARD'S DUTY TO DETERMINE IF ALL THE REQUIREMENTS STATED HAD BEEN MET. DISCUSSION FOLL014ED ON THE DEVELOPMENT OF THE RECREATION AREA. MR. ALLEN INFORMED THE BOARD THAT CLOSE TO 50% OF THIS AREA HAD BEEN COMPLETED. TDR. WOLEVER DISAGREED WITH THIS STATE- MENT A14D FURTHER DISCUSSION FOLL014ED OPT THIS SUBJECT. MRS. CALVERT QUESTIONED THE DEVELOPERS REGARDING THE MANNER IN 1411ICI1 THEY PLAN TO CONNECT THEIR EXISTING TWO-LANE STREET IN OCEAN WOODS WITH RIDGEWOOD SINCE RIDGEWOOD IS A DIVIDED ROAD. PDR. STOTTLER OFFERED TO HAVE A DRAWING OF THIS AT THE UPCOMING MEETING. THE ATTORNEY AND BOARD MEI46EP.S PROCEEDED TO DRAFT THE AGENDA FOR THE MARCH 26 MEETII4G. AGENDA WAS AS FOLLOWS: R.VIEW AND APPROVAL OF OCEA14 WOODS STAGES 8, 9 10A, B AND C COMPLIANCE WITH STATEMENT OF JUSTIFICATION AND ADDENDUM PATHWAYS FOR SCHOOL CIIILDRE14 ACCESS TO RIDGEWOOD - LECAL EVIDENCE FOR THIS ACCESS TO BE FURNISHED BY DEVELOPER DRA14ING TO BE FURNISHED BY DEVELOPER DEPICTING RIDGEWOOD CONNECTING TO OCEAN WOODS STREET BOARD OF ADJUSTMENT MINUTES MARCH 13, 1979 PAGE 2 OF 3 FACES COPJPLIANCE WITH STATEMENT OF JUSTIFICATION AND ADDENDUM (CONT.) .PARKING - REVIEW OF PREVIOUSLY PRESENTED SKETCH DUFFER ZONE DENSITY SIX PLEXES C0;•IPLAINCE WITH R.P.U.D.AND SPECIAL EXCEPTION SECTIONS DECLARATION OF RESTRICTIONS ON REAL ESTATE RECREATION AREA DEVELOPMNT TAXES /�BOARD or ADJUSTPffiNT CITY CLERK BOARD OF ADJUSTMENT MINUTES IIARPAGE 3 OP 3 PAGES 7 r CITY OF CAPE CANAVERAL BOARD OI•' ADJUSTi•IENT MARCH 26, 1979 TH.' BOARD OF ADJUSTI.lEiIT OF THE CITY OF CAPE CANAVERAL T Oir iARCH 26, 1979, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA, THE LIEETING WAS CALLED TO ORDER AT 7:34 P.:. BY CPAIRG5III JAIIES P.ICF.i•AN. THE ROLL WAS CALLED BY THE SECRETARY. BOARD M,EI.BERS ilRESENT WERE: JAMES RICKI:AN — CHAIRMAN ROBERT LAVIS — VICE CH1IRi.AN CHARLES 6IUHS — NEMBER GEORGE WOLEVER — 6IEIIBER JOAN CALVERT — MEMBER RUSSELL LLOYD — ALTERNATE RICHARD F. SCOTT CITY ATTORNEY WILLIAM R. CLIFTON — ATTORNEY, .CITY OF COCOA ELVIN ALLEN — BUILDING OFFICIAL TO:.II.Y STRANG — BRILEY, WILD & ASSO. PATRICIA'BEAULIEU — CITY CLERK JOAN FOSDICK - SECRETARY ALSO PRESENT WERE: TOR 11ASDIN_ — OCEAN WOODS. RICHARD STOTTLER �, FIRST'INTERSTATE CHARLES .HARRIS — ATTORNEY. FIRST INTERSTATE ROY COWELL. — OCEAN WOODS' AFTER READING OF MINUTES OF OCTOBER 2. 1978, MEETING BY THE SECRETARY, ISP.. LAWS MOVED THAT THE MINUTES BE APPROVED AS READ AND IRR. idUHS SECONDED. NOTION CARRIED UNANIMOUSLY. AFTER READING OF MINUTES OF MARCH 13, 1979: CIORKSHOP IlETING BY THE SECRETARY. MR. MUHS MOVED THAT THE MINUTES BE APPROVED AS READ AND 11R. LA:-7S SECONDED. MOTION CARRIED UNANIi40USLY. ITEId ELECTION OF OFFICERS 1•IR. IAl';3 MOVED TO REVERSE ORDER OF AGENDA AND HOLD ELECTION OF OFFICERS AFTER OCEAN WOODS HEARING AND DIR. MUHS SECONDED. MOTION CARRIED UNANIMOUSLY. IO ITE0, 2. Pfl.I?.U.iT�10•B 9IiD C OFrOC�AN lOOOSVRLl'oU,DTAGES ' (YIRST IN^_F.RS?ATFL ' CI!AIRi7.N RICKCAN READ LETTER FRO!,', 611. 110LEVER TO CITY I AIIAGER AN!) BOARD 11,12-11BERS STATING THAT HE il:AS STEPPING D071N AND TURISIIIG }IIS SEAT OVER TO THE ALTERNATE L?L:BEI R FOR THE c-,EAN 1100D3 HEARING. ATTORNEY SCOTT ADVISED THE C iIIRi'1,77, THAT BECAUSE OF QUESTIONS CONCERNING POTENTIAL CONFLICT OF INTEREST BETWEEN HIS FIP.iB AND THE APPLICANT., HE IIAS ALSO VOLUNTARILY STEPPING DO:RB FRO:,! THIS HEARING. HE ADVISED THE B(1ARD. THAT iBR. 1'IILLIA14 CLIFTON 11.%S APPOINTED AS ACTING CITY ATT'03NEY BY THE CITY RNEY COUNCIL AND }[£ NILL ALSO SiiRVE AS P.ARLIA:,NTARIAN., ATTO SCOTT STATED HE t'IOULD P.EI,AIN AND OFFERED TO ANSWER ANY QUESTIONS CONCERNING THE HISTORY OF THIS CASE.. 6B2S. CALVERT 1+i0VED THAT THE BOARD VOTE ON EACH ISSUE SEPARATELY' SINCE THERE HERE 50 PANY ITE1.'.S 017 THE AGENDA AND NR. L.A111 SECONDED. NOTION CARRIED UILAi4I1'OUSLY. CO!'PLTANO. t'ITTH STATEMENT OF JUSTIFICATION AND ADDENDU',l PATH.IAYS FOR S"YOOL CHILDREN PROPERTY 0.,114ER ASKED IF PLAN HAD BEEN FILED. CHAIRVAN RTCKI•LAN STATED ALL OF THE ITEi•13 FAD BEEN FILED WITH THE CITY. AND THE BOARD HAD HELD A.190RKSHOP ON THIS REQUEST. HE ASKED THE APPLICANT FOR A BRIEF PRESENTATION. IBR. WASDIN, E PIAS REQUESTING AF'P10YAL OF STAGES 8, OCEAN P!OODS, STATED H 9. SOA, B AND C. THESE FINAL STAGES t+AKE UP A TOTAL OF 3D4 UNITS, UHICH IS THE NUMER OF UNITS APPROVED FOR THIS PROJECT, AND ARF, BROKEN D0:'!N AS FOLLUNSt STAGE B - 6 DETACHED SINGLE FAMSILY AND ATTACHED SINGLE FA1dILY U14ITS FOR A TOTAL OF 25 UNITS; STAGE 9 - 38 UNITS; STAGE ICA - 16 UNITS; STAGE SOB - 24 UNITS; AND STAGE 10C - 20 UNITS. SIRS, CALVERT ASKED FOR INFORI,ATI01! ON t4HERE THE PATHWAY NAS LOCATED. LOCATI0N OF PATITWAY 1,1.45 POINTED OUT 01 pAPS AND DOM.IENT INDICATING THAT THIS PARTICULAR EASEjrzNT HAD BEEN DEEDED TO THE CITY PIAS FURNISHED. I.IRS. CALVERT ASKED IF THE DEVELOPER 11+15 TO PROVIDE A 6-PT. WALKWAY. IT WAS ASCE;TAINED BOARD OF ADJUSTLNT 3-26-79 PAGE 2 of 9 AT THIS TIHE TMT THE PATIMAY U -S TO B-- A 10 -FT. r.ASEIdE•NT.. MR. LLOYD ASKED ATTORNEY SCOTT IF THIS SATISFIED THE STATE,:ENT OF JUSTIFICATION REQUIP.E:IENTS AS PRESENTED. ATTORNEY SCOTT STATED IT WAS A PROPER DEED AND A PROPER DEDICATION BUT IT YA1S Oil TO THE BUILDING OFFICIAL AND THEE CITY ENGINEER AS TO THE EXACT LOCATION OF THE IiASE1.11 NT WHICH :';AS VERIFIED BY illi. ALLEN. BOARD t.1E6IBERS POINTED OUT THAT THERE WAS A DIFFERENCE. FP.Oid WHAT WAS IN THE STATEI•:ENT OF JUSTIFICATION. CHAIRMAN RICK6AN READ A 1-10TION FROM MINUTES OF JANUARY 12, 1976, 6METING APPROVING A SINGULAR PATIMAY. PROPERTY MINER. VR. 11ELTON, ASKED A QUESTION ON HOPI THE PATH WHICH NO';1 TURNED OUT TO BE A PAPER ,PATH WAS TO BE CONSTRUCTED. CHAIP.MAN RICKIAN STATED THAT TECHNICALLY ALL THAT WAS ASKED FOR WAS AN SASEI.IENT AND AT NO TIM—r WAS CONSTRUC- TION DISCUSSED. MR. LA,lS ROVED THAT THE BOARD ACCEPT THE PATHWAY PLAN AS PRESENTED AND TM. MUHS SECONDED. VOTION CARRIED UNANIMOUSLY. ACCESS TO RIDGE,'IOOD - LEGAL EVIDENCE FOR THIS ACCESS FURNISHED BY DEVELOPER MR. ALLEN BRIEFED BOARD 11x.MBERS OF EVIDENCE OF ACCESS TO RIDGEWOOD AND IDENTIFIED LOCATION ON PLOT PLAN. ATTORNEY SCOTT STATED DRAFT OF DEED WAS PRESENTED BUT HAD NOT BEEN EXECUTED BY FIRST INTERSTATE; THEREFORE, THE BOARD'S APPROVAL OR DISAPPROVAL WOULD HAVE.TO BE CONTINGENT UPON RECEIPT OF OFFICIAL SIGNED DEED. 6iRS. RIGEP.MAN ASKED FOR WORDING OF REQUIRE1,101T FROM STATM-;ENT OF JUSTIFICATION. MR. CLIFTON READ THE COURT ORDER ON THIS SUBJECT AND STATED THEY 014LY FAD TO PROVIDE ACCESS TO RIDGEWOOD AVENUE. MR. STOTTLER STATED,. WHEN ACCESS WAS ORIGINALLY DISCUSSED WHETHER RIDGEWOOD SHOULD GO THROUGH, OCEAN WOODS 1PIA14TED TO PROVIDE TWO WAY ACCESS IPI AND OUT OF THEIR PROJECT; HOJEVEF., THE BOARD OF ADJUSTMENT AT THAT TI6'E DETERI.IINED THAT OCEAN WOODS WOULD PROVIDE ACCESS TO THEIR PROPERTY. IN REPLY TO QUESTION.FROR PROPERTY MINER, OCEAN WOODS STATED THE ACCESS ROAD WOULD BE CONSTRUCTED WITHIN THE NEXT 60 DAYS. IN RESPONSE TO INQUIRIES FROM A PROPERTY O'.INER AND I.M. LAWS ON WHETHER THEY WERE GOING TO USE THE ACCESS ROAD FOR CONSTRUCTION ACCESS AS OPPOSED TO THE BUFFER ZONE, MR. STOTTLER.REILIED YES. MRS. RIGERMAN EXPRESSED CONCERN THAT THE ACCESS ROAD BE PROPERLY PAVED AND BCARD OF ADJUSTMENT 3-26-79 PAGE 3 OF 9 o AND SUITABLE FOR VEHICULAR TRAFFIC SINCh IT WAS NOT WITHIN THE STAGES OF THE R.P.11.0. MR. STOTTLEP. STATED THEY INTENDED TO CONSTRUCT IT IN THE MME 6.ANNER AS THE? OTHER ROADS IN THE PROJECT BUT DID NOT INTEND TO DO THIS INITIALLY BECAUSE IT WOULD. BE TORN. UP BY CONSTRUCTION. CHAIRMAN RICK6AN ASKED FOR CLARIFICATION ON HANDLING OF THIS ITEM. ATTORNEY CLIFTON REPLIED THAT THERE .WERE TWO CONCERNS: (1) CONTINGENT UPON LEGAL DESCRIPTION BEING CORRECT, AND (2) CONTINGENT UPON ACCESS BEING PAVED IN SAVE MANNER AS OTHER. ROADS IN OCEAN WOODS PROJECT UPON COMPLETION OF CONSTRUCTION. MR. STOTTLER STATED THAT THIS WAS THEIR INTENT. I.M. STRANG,. BRILEY, WILD & ASSOCIATES, CITY ENGINEER, STATED THAT THEY WOULD S3E THAT IT WAS CONSTRUCTED ACCORDING TO CITY SPECIFICATIONS. MR 1jUH15 1.OV"O TFAT THE BOARD ACCEPT ACCESS TO RIDrEWOOD UPON THE CTTY'S RECEIVING PROOF OF FILING OF A PROPERLY EXECUTED FASEMMT CONTAINING A LEGAL DESCRIPTION APPROVED BY THE BUILDING OFFICIAL AND ALSO CONTINGENT THAT THE PAVING OR CONSTRUCTION OF THE ROAD METS THF APPROVAL OF THE CITY ENGINEER AND BUILDING INSPECTOR. MRS. CALVERT SECONDED. 11R. LSURPHY INQUIRED ABOUT MAINTENANCE RESPONSIBILITY. CHAIP.MAN RICKMAN STATED IT WAS AN EASEMNT ON THEIR PROPERTY AND OCEAN WOODS WOULD HAVE THE RESPONSIBILITY TO MAINTAIN THE ACCESS ROAD. PROPERTY OWNERS CALLED ATTENTION TO PAGE 9, PARAGRAPH E, OF THE STATEMENT OF JUSTIFICATION REFERENCE ACCESS FOR PUBLIC VEHICLES. FOLLOPIING DISCUSSION.VOTE ON MOTION CARRIED UNANIMOUSLY. ACCESS TO STATE ROAD 401 — LEGAL EVIDENCE_FURNIS DiD BY ❑EVELOPER CHAIRI-LAN RICKMAN ADVISED THE BOARD THAT HE HAD TWO PROPERLY SIGNED, SEALED, AND NOTARIZED DOCUidENTS. FOLLOWING .DISCUSSION AND BRIEFING BY I.M. ALLEN AS TO LOCATION ON PLOT PLAN, CHAIRMAN RTCKMAN MOVED TO APPROVE THE ACCESS TO STATE ROAD IP01 AS PRESENTED. t1R. IAWS SECONDED. MOTION CARRIED UNANTYOUSLY. BOARD OF ADJUSTMENT 3-26-79 PAGE OF 9 DRl!';iflG FURCIISH-D B'' D-VER LOP-DEPTCTING RID,E':IOOD CO?:N-CRICIO ^10 0::.1.N '.100i)S 5TR3ET FOLLO';IING PRESENTATION OF D :AGING FURNISf ED BY DEVELO'.'r72 DEPICTING RIDGEWOOD Co`,NECTIIIG TO MEAN WOODS STREET, LIR, LT,OYD SIOVED THAT THE DRAWING BE ACCEPTED AS PRESENTED. LiRS. CAT!J?RT SECOflDED. Gi0TI0N CARRIED UNANIMOUSLY. PARKING - REVIEN OF PR-VIOUSLY PRESENTED SKETCH MR. ROY C0;'IELL BRIEFED THE BOARD ON PIAN PRESENTING THREE ALTERNATIVES MICH WAS PREVIOUSLY APPROVED AS STATED IT! FEBRUARY 9, 1976, BOARD OF AAIUSTiTNT MINUTES. LR. TAUS MOVED THAT THE PREVIOUSLY ACCEPTED PARKING SKETCH BE APPROVED. LIR. MI)HS SECONDED. AFTER FURTHER DISCUSSION OF TIT -.PARKING .KITH REFERENCE TO OFF STREET PARKING OF SIX VEHICLES, PARKING IN SETBACKS, AND BOAT STORAGE, VOTE OTt MOTION CARRIED UNAIlIISOUSLY. CH,%1RMAN RTCIII_AN CALLED A RECESS AT 8:58 P.T M. FOR FIVE MINUTES. CH.AIRtrAN RICKf.AN RECONVENED THE MEETING AT 9=08 P.M. BUFFER ZONE CHAIP.I.AN RICKIIAN READ FROM STATEMENT OF JUSTIFICATION CONCERNING BUFFER ZONE. HE STATED ITEMS TO BE DEALT WITH CONCERNED IIHAT IS REQUIRED AND I'1F.AT IS ALLOWED IN THE BUFFER. ZONE. IN RESPONSE TO QUESTIONS 014 DEFINITION OF BUTTER ZONE, ATTORNEY CLIFTON READ DEFINITIONS FROidSECTION 8 OF FORGER ZONING ORDINANCE AND LEGAL TR=.9TISE FROC•1 McQUILLAN'S IGUNICIPAL CORPORATION, SECTION 25.92, BUFFER AREA. IdR. t'IOLEVER ADVISED CHAIRMAN RICKI•INDI THAT. HE MISSED A FE91 THINGS IN THE STATMIENT OF JUSTIFICATION AND PROCEEDED TO REVIMI THOSE ITEGiS. HE. ALSO READ FROST MINUTES OF ,.ARCH G, 1978; APRIL 3, 1978; AND AUGUST 8, 1978, MEETINGS OF THE BOARD OF ADJUST1,1ENT PERTAINING TO BUFFER ZONE. INTRODUCTION OF PICTURES OF BUFFER AREA l'IERE INTRODUCED BY M:R. 5'IOLEVER AND I.M. CMIELL AND HAVE BEEN MADE A RECORD OF THIS HEARING. NUMEROUS COMiPIAINTS WERE VOICED BY PROPERTY OWNERS IN HARBOR HEIGHTS ABOUT REMOVAL OF VEGETATION, POSSIBLE GRADING FOR BIKE PATH, FENCES II4 BUFFER ZONE, PEDESTRIANTRAFFIC, AND ENFORCEMENT OF THE STATEUENT OF JUSTI- FICATION REQUIREMNTS. I,.R. 4IOLEVER POINTED OUT THAT LIR. SCOTT STATED BGIRD OF ADJUSTMENT 3-26-79 PAGE 5 OF 9 PREVIOUSLY TIM IT DIDN'T Ii1KE.ANY DIFFEREtICE 11110 U.ITIED THE BUFFER STRIP, IT LUST BE RETAINED III ITS cG1TU?AL STATE AND ENFORC EI-MIT. WAS THE RESPO'r`.SIBTLTTY OF THE BUILDING OFFICIAL. IIR. WELTOY PRESENTED A PETITION SIGNED BY HARBOR HEIGHTS RESIDENTS NIiO ABUT OCEAN WOODS DEVELOMENT AND RE) THEIR STATEIZETIT CONCERNING THE BUFFER ARE%. THE IETITION HAS BEEN LADE A PART OF THIS PROCEEDING. V.R. AIUI. K14ITTFL PRESENTED A PETITION SIGNED BY 86 DIFFERENT RESIDENTS OF HARBOR HEIGHTS WHO SUPPORTED PROPERTY O:11NERS ABUTTING MEAN WOODS DEVELOKIENT AND READ THEIR STATE- IMT CO?KERNING THE BUFFER ZONES REI•AINING INTACT. THE PETITION HAS BEEN MADE A PART OF THIS PROCEEDING. AFTER SEVERAL ADDITIONAL CO:;:EtITS OX THIS ITE;, I.M. LAWS MOVzD TO ACCEPT STAGES 8 9 AND 10 CONTINGENT UPON UNDERSTANDING THAT NO SURFACE PATH, I:hCADA.11 OR P.ARL. FOR BICYCLE PATH OR STt.IIIAR PATH, BE CONSTRUCTED IN EITHER BUFFER _ZONE, CHAIRMAN RICKIfAN SECONDED. LIOTION CARRIED UNANIMOUSLY. j,IRS CALVERT L'.OVED THAT ACCEPTANCE OF STAGES--8,--R, AND 10 I•ITTH REFERENCE TO THE BUPPF.R ZONE BE CONTINGENT TMT ANY NATURAL CRO'^NTH THAT HAS BEEN REMO LD BE RESTORED AS N7i1R AS PRACTICAL TO ITS ORIGINAL CONDITTON ANT) BE ASSURED THAT THERE WILL BE NO MORE REI%,OVAL OF ANY NATURAL GROYITH WITH THE EXCEPTION OF UTILITY TIE-INS. P.R. Mr.-IS SECONDED. MOTION CARRIED UNANIMOUSLY. I.I.R. LAPIS LADE A MOTT01 TO MOVF. 01t TO DENSITY. .LER. LLOYD SECONDED. MOTTON CARRIED UNANIMOUSLY. DENSTTY AFTER DISCUSSION ON DENSITY, 1.:R.. LLOYD LAVED TO ACCEPT DEt:SITY AS PROPOSSD BY THE DEVELOPER. INR. QVIS'SECONDED. TZOTION CARRIED UNANII-IOUSLY. SIX PLEY.ES AFTER DISCUSSION ON STX PLEXES. MR. LIUHS LiOVED TO ACCEPT SIX PLEXES TY. STAGES 9 AND JOC. I.R. LA'.•1S SECONDED MOTION CARRIED UNANIMOUSLY. BOARD OF AWUSTLTrNT 3-26-79 ino60F9 COtTI,II:IiCE l'IITIi R.P.U.D. AND SPECIAL EXCEPTION SECTIONS Oi•' FOR:iER''LO:I ING ORDPIA MCIAINTTOII OF RESTIRICTIONS ON F,_AL ESTATE CITY CLERK STATED MW DECLARATION OF RESTRICTIONS ON THESE STAGES IMS 3EF.N FUR71ISFED BUT HAS NOT BEEN RECORDED. ATTORNEY SCOTT STATED TILAT IF THE BOARD GRANTED APPROVAL IT SHOULD BE CONTINGENT ON THESE RESTRICTIONS BEING RECORDED. MR.- IA41S FADE A LIOTTON TO i:OVF Oh TO THE NEXT ITEM OF RECREATTON AREA DEVELOPiT711T. CHIAIRLAN RTCKI-%11 SECONDED. 140TI011 CARRIED UNANIMOUSLY. RECR!:WIOIt AREA DE7ELOP6ENT AFTER DISCUSSION AND READING OF IdINUTES OF OCTOBER 2, 1978, BOARD OF ADJUSTLZENT MEEETING, MR. TANS MOVED THAT THE PRCGRESS BEING I•'.ADE ON THE RECREATION AREA IS SATISFACTORY TO THE BOARD. CHAIRVAN RICKCAN SECONDED. MOTTON CARRIED UNANIMOUSLY. TAXES ATTORNEY SCOTT STATED THAT TAY. RECEIPTS HAD BEEN FURNISHED TO THE CITY CLERIC. CHAIRMAN ,RICK6'AH.STATED HE HAD A COPY OF THE TAX RECEIPT INDICATING THAT TAXES HAD BEEN RAID. ItR. LLOYD MOVED THAT THIS ITEM BE ACCEPTED BY THE BOARD. CHAIRCAII RICKCAN SECOM. MOTION CARRIED UMNINOUSLY, MI LLOYD MADE A i'OTTON THAT STAGES 8, 9, JOA, BAND C BE ACCEPTED BASED ON THE CONTINGENCIES APPROVED AT THIS IM-ETING BY THIS BOARD. CHAIR M- N RICKCAN SECONDED. MOTION CARRIED UNANIL'OUSLY. OFFICIAL SIGNING OF MPS OFFICIAL CAPS FOR STAGES 8, 9, SOA, B AND C t'IERE NOT SIGNED AT THIS METING DUE TO THE FACT THAT THEY HAD NOT BEEN SIGNED BY THE DEVELOPER. ?.JR. RUSSELL LLOYD, ALTERNATE 6ciBER,,HAS FILED A CONFLICT OF INTEREST FORM NO. 4 NHICH HAS BEEN MADE A PART OF THIS PROCEEDING: BOARD OF ADJUST6IENT 3-26-79 PAGE 7 OF 9 TT7P t EMMON OF OFFIC7RS ATTORf: Y SCOTT AND VR. 110LEVER RETURilED TO THEIR SEATS ON TtiE Btl'v,D. ATTORNEY SCOTT ADVISED TIu1T THIS I'IAS THE BOARD'S AffiTMI, ELECTION 0: OFFICERS AND THEY NEEDED TO ELECT A CHAIRI.M! AND A VICE CNAIRI•'AN. LER. L411S NOL:INATED I.1R. RICK11111 AS CFAIRI:AN. I.M. MUHS SECONDED. M. RICKIAN DECLINED THE NOMINATION. LIRS. CALVERT 1i031II:ATED 1•:R. LAWS AS CNAIRT.AN. I.M. LA1'IS DECLINED TIME NOt1INATION. 11R. RICK LSI! NOMINATED MR. 1'IOLEVER AS CHAIRCAN. MRS. CALVERT SECONDED. IIR. LAWS I:OVF:D THAT 110:dINATIONS BE CLOSED. ATTORNEY SCOTT ADVISED THAT MOTION PIAS III ORDER TO ELECT MR. 1'IOLEVER BY ACCIAI TION SINCE THERE WERE 110 OTHER 110b1I1,1EES• LIR. TANS MVED THAT IIR. NOLEVER BE ELECTED BY.ACCIAI'ATION. VOTE BY ROLL CALL WAS AS FOLLOJS: RICKt-AN-FOR; IAI•IS-FOR; 1•:UHS-FOR; CALVERT-FOR; 1'IOLEVER-AGAINST. ATTORNEY SCOTT STATED SINCE MOTION BY ACCIACATION FAILED IT WOULD BE NECESSARY TO CALL ROLL Oil ELECTION. VOTE BY ROLL CALL FOR ELECTION WAS AS FOLLOMS: RICKL+AN-FOR; LAPIS -FOR; I•IUHS-FOR; CALVERT-FOR; I•IOLEVER-AGAINST. ATTORNEY SCOTT ADVISED THAT MR. WOLEVER WAS ELECTED CHAIRI•AN UNDER PROTEST VOTE 4 TO 1. i•IR. L:I'1S NOMINATED MR. RICKIIAN FOP. VICE CFAIRMAN. I•IRS. CALVERT SECOIIDED. 1113. LAWS MOVED THAT I10iZINATIONS BE CLOSED. MR. EDITS SECONDED. VOTE BY ROLL CALL TO CLOSE. NOMINATIONS CARRIED 1=11I1'OUSLY. MR. LAWS MOVED TO ELECT LIR. RICKMAN BY ACCLAMATION. MR. MUHS Si{CONDED. VOTE BY ROLL CALL TO ELECT MR. RICKIAN AS VICE CHAIRMAN. BY ACCLAIN.TION' CARF.TED UNANIMOUSLY. ATTORNEY SCOTT ANNOUNCED THAT 11.113. RICKIAN WAS THE NEW VICE CHAIRMM AFTER. DISCUSSION WITH CITY CLERIC, ATTORNEY SCOTT ADVISED 1'.R. PIOLEVER HE- WOULD TAKEOVER AS CHAIF.CAN AT THE NEXT MIEETING. MR. LAWS MOVED TOAAIOURN THE LMETING. MRS. CALVERT. SECONDED. ITETING ADJOURNED. AT 11:11 P.M. BOARD OF ADJUSTMENT 3-26-79 PACE 8 OF 9 ' A1'PRUYED THIS D DAY OFA 1979-, CHAIR6AN ' JAI•IES �CEiNN, HOARD' OF t,ATUSTi��ENT ,�JRAN Y. FOSDISECRD'PARY - BOARD OF ADJUSWIMIT BOARD OF ADJUSTMENT 3-26-79 PAGE 9 OF 9