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HomeMy WebLinkAboutBOA 1980 Minutes & AgendasCity of Cape Canaveral 105 POLK .VINs[ .CAPE CAOAVEFLORIDA 32920 ,IIIP�l I — BOARD OF ADJUSTMENT AUGUST 18, 1980 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF AUGUST 4 ITEM 1, REQUEST #80-6 - SPECIAL EXCEPTION TO ALLOW THE SALE OF BEER AND WINE IN EXISTING CAMELOT INN RESTAURANT AT 8799 ASTRONAUT BOULEVARD APPLICANT: KAREN SCHWAGER, OWNERS DESIGNATED AGENT, OWNER CAMELOT INN,INC. ADJOURN BOARD OF ADJUSTMENT. MEETING, OF AUGUST 18 IS POSTPONED UNTIL TUESDAY, AUGUST 26 IN ORDER FOR A 5 MEMBER BOARD TO BE PRESENT AT THE MEETING. FILE COPY 0 ' CITY OF CAPE CANAVEHAL. i10ARD OF ADJU1980NT AUGUST 26,. THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON AUGUST 26, 1980, AT CITY HALL, 105,POLK AVENUE, CAPE CANAVERAL, FLORIDA - THE MEETING WAS CALLED TO ORDER AT 7:40 P.M. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE: GEORGE WOLEVER -CHAIRMAN 'JAMES GREENE -MEMBER THOMAS JONES -MEMBER ROBERT LAWS -MEMBER RUSSELL LLOYD -MEMBER ALSO PRESENT 14ERE: JOSEPH SCOTT -CITY ATTORNEY JAY BOLTON -BUILDING OFFICIAL KAREN SCII14AGER, -PETITIONER/KEQUES'L #80-6 JOAN STARLING -ATTORNEY REPRESENTING CAMELOT INN THE I-IINUTES OF THE AUGUST 18, 1980 MEETING WERE APPROVED AS READ. ITEM 1. RF. VEST NO. 80-6 - SPECIAL EXCEPTION TO ALLOW T f-19 S LE B E i iCNO TNT T A ` 87�I9 ASTRO T BO LEVARD i, J S IiSI NA'IL'D Ap AUMi 1, -11...IP.LO INN, LN CHAIRMAN WOLEVER REVIEWED .THE REGULATIONS THAT THE. BOARD MUST CONSIDER IN ORDER TO APPROVE THIS SPECIAL EXCEPTION AND READ THE STANDARDS THAT HAD, BEEN SET BY THE CITY COUNCIL AND, FURTHER STATED THAT THE BOARD DOES NOT HAVE. PERMISSION TO. CHANGE THEM, BUT TO DECIDE WHETHER OR NOT THE APPLICANT IS PRESCRIBING TO THE REQUIREMENTS. CHAIRMAN WOLEVER STATED THAT THE APPLICANT MET THE GUIDELINES REGARDING THE SALE OF BEER AND WINE CONTAINED IN SECTION 641.01 B3. AT THIS TIME, BOTH PROPONENTS AND OPPONENTS WERE HEARD REGARDING THIS .REQUEST. ATTORNEY JOHN STARLING, REPRESENTING CAMELOT INN STATED THAT THE APPLICATION FOR THE BEER AND WINE PERMIT FOR THIS RESTAURANT IS AN ALLOWED USE IN THE DESIGNATED ZONE. FOUR OTHER PROPONENTS SPOKE AT THIS TIME AS TO WHY THEY FELT THE SPECIAL EXCEPTION SHOULD BE GRANTED. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT AUGUST 18, 1980 THE BOARD OF ADJUSTMENT OF THE. CITY 'OF.CAPE CANAVERAL MET ON AUGUST 18,, 1980, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT 14ERE: GEORGE WOLEVER-CIIAIRMAN ROBERT LAWS MEMBER JAMES GREENE -MEMBER JACK McNEELY -IST ALTERNATE KRIS ABBOTT SECRETARY. ALSO PRESENT WERE: JOSEPH SCOTT -CITY ATTORNEY JAY BOLTON -BUILDING OFFICIAL KAREN SCII14AGER -APPLICANT/REQUEST #80-6 THE MINUTES OF THE AUGUST 4,'1980 MEETING WERE APPROVED.. AS READ. ITEM 1. REQUEST N0. 80-6=SPECIALEXCEPTION TO ALLOW. THE SALL•' OF BEER AND WINE IN EXISTING CAMELOT .INN RESTAURANT AT 8799 ASTRONAUT BOULEVARD. APPLICANT: KAREN SCHWAGER OWNERS DESIGN TED 7�EFF—Ol4ffR IEUO INN, iNZ CHAIRMAN WOLEVF.R STATED THAT NORMALLY THE BOARD IS MADE UP OF FIVE MEMBERS, HOWEVER, ONLY FOUR MEMBERS WERE PRESENT. CHAIRMAN FURTHER STATED THAT IT TAKES FOUR AFFIRMATIVE VOTES TO APPROVE A REQUEST AND ASKED THE APPLICANT, KAREN SCHWAGER, IF SHE WOULD RATTIER DELAY THE HEARING UNTIL THERE WERE FIVE MEMBERS OR PROCEED WITH THE FOUR MEMBERS. THE APPLICANT REQUESTED THAT THE MEETING BE POSTPONED UNTIL A FULL BOARD COULD BE PRESENT. THE MEETING WAS POSTPONED UNTIL AUGUST 26, 1980. THERE BEING NO FURTHER BUSINESS. THE MEETING ADJOURNED AT 7:45 P;M. 7 -y�z- u clan) N - Bo D oF�FD sT !r•.n s c`ETARYa�hC��'�' V ,r tFi a o i yQPcs City of Cape Canaveral Ti�4l� � *'` n: � ,os noc+avenue •c+vc c•.+vc u. no+io•arero M UUMA BOARD OF ADJUSTMENT AUGUST 4„ 1980 7:30 P.M. AGENDA i CALL TO ORDER. ROLL CALL .1980 MINUTES OF JULY 7. ITEl9 1. VARIANCELOW TRQIPLEX ON EACIi5017 THE T140 LOTS WHICH ARE EACH 1,231 SQ. FT. SHORT AREA BUT 'CONFORPI'TO.DENSITY OF .WHICH REQUIRERENTS ON LOTS A & B, BLOCK 1, CAPE CANAVERAL BEACH GARDENS - PETITIONER: WILLIAM ECONOMOU ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT AUGUST 4, 1980 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPIi CANAVERAL MI•:'1' ON AUGUST 4, 1980, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M.. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE:. GEORGE l•IOLEVER -CHAIRMAN JAMES RICKMAN -VICE CHAIRMAN ROBERT LAMS -MEMBER JAMES GREENE -MEMBER RUSSELL LLOYD -MEMBER KRIS ABBOTT -SECRETARY ALSO PRESENT WERE: JOSEPH SCOTT ATTORNEY JAY BOLTON BUILDING OFFICIAL WILLIAM ECONOMOU -APPLICANT/REQUEST 80-5 THE. MINUTES OF THE JULY 7, 1980 MEETING WIiRE APPROVED AS READ. ITEM 1. REQUEST NO. 80-5 VARIANCE TO A1.1.0:•: TRIPLER ON EACH OF THE TWO LOTS WHICH A:' EACH 1,231 S F'1'. SHOIL'1' 04 AREA BUT W HICII CONFORM Qr----- -- 'P'o D�OSIIY REQUIREMENTS ON L01'S A t ]i, NLOCY. 1, MI -1 --'AC NIAVrRAL—hE7 LHGA I)L�' .9 YETi'1'IONF.R: CdIL1.IAM f CON0:40 CHAIRMAN 14OLEVER STATED THAT THE APPLICANT OWNS LOTS 1 AND 2, BLOCK 1, CAPE CANAVERAL BEACH GARDENS SUBDIVISION AND HAS DIVIDED THE TWO LOTS INTO THREE PARCELS.. PARCELS A & B ARE EACH 1,2.31 SQ. FT.. SHORT OF THE AREA BUT CONFORM TO DENSITY REQUIREMENTS WHICH IS THE REASON FOR THE VARIANCE REQUEST,. CHAIRMAN WOLEVER BROUGHT TO THE ATTENTION OF THE BOARD THAT A TELEPHONE MESSAGE WAS LEFT AFTER 5:00 P.M., AUGUST 4, 1980 AT CITY HALL FROM KISII PATHARE,. OFINER OF LOT 12, STATING HE DID NOT OBJECT TO THE BOARD GRANTING THE VARIANCE IF THE DENSITY' REQUIREMENTS PERMIT. AT THIS TIME, MR. WILLIAM ECONOMOU HANDED 'THE BOARD TWO, LL•"1"PERS HE HAD RECEIVED FROM AHI. J. WF.IDIC, HERITAGE DEVELOPMENT,, 14110 IS DEVELOPING THE ADJACENT LOTS AND GEORGE FIRKINS OF SHUFORD MILLS WIIO REPRESENTS THE OWNERS OF PALMS EAST APARTMENTS STATING THEY HAD 110 OBJECTIONS TO THE REQUEST. CHAIRPIAN.WOLEVER THEN READ THE RECOMMENDATION OF THE PLANNING AND ZONING BOARD WHICH STATED THAT REQUEST NO. 80-5 DID NOT MEET ALL THE' REQUIREMENTS FOR A VARIANCE. CHAIRIdAN WOLEVER ASKED FOR PROPONENTS AND OPPONENTS OF THE VARIANCE REQUEST. MR. JOE EDA STATED RL WOULD FAVOR THE GRANTING OF THE VARIANCE AS HE HAD PURCHASED ONE OF THE LOTS IN QUESTION.. THOSE OPPOSED WERE: MESSRS. QUINN, THOMAS, EPPLEY AND MCGEHEE. ALSO 'OPPOSED WERE: MARTHA LAMORETTE AND MRS. MCGRAW, REPRESENTING. BILL AND ANN ROURER. MR. LAWS MADE A MOTION TO GRANT VARIANCE REQUEST NO, 80-5 TO ALLOW A TRIPLEX ON THE TWO LOTS REQUESTED BY MR. ECONOMOU'. PR2. RICKMAN SECONDED MOTION. MOTION FAILED BY UNANIMOUS VOTE., THERE BEING NO.FURTHER %BUSINESS, MEETING ADJOURNED AT 8:05 P.M. p', ,fR 4AN BOA 2 AUJ I NT SLURETARY City of Cape Canaveral . � �p p7�,�y+. � -ys �i r oi.rc � T aoJ rr.i r, on n• a:o�n t�r�(yIy. Y u c ana noo wiixrii[uu BOARDOF ADJUST14ENT ., JULY 7, 1980 t t 7: 30 I'. M. y� AGENDA r� CALL TO ORDER ROLL CALL MINUTES OF APRIL 28, MAY 12 AND JUNE 9, 1980 ITEM 1. REQUEST NO. 80-4 - VARIANCE TO .EXTEND BUILDING LOCATED ON CORNER OF AIA AND TAYLOR AVE;:UE TO WITHIN THREE FEET OF THE PROPERTY LINE ON TAYLOR PETITIONER: ALEXIS BEN-XORI ITEM 2. REQUEST NO, 79-9 - CLARIFICATION OF NORTH/SOUTH R-1'&.0-1 DISTRICT BOUNDARY LINE SOUTH OF HOLMAN ROAD (THIS REQUEST ORIGINALLY HEARD BY BOARD OF ADJUSTMENT ON DECEMBER 17, 1979) ADJOURN CITY OF CAPE CANAVERAL BOARD OF OF ADJUSTMIENT JULY 7,1980 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON JULY 7, 1980, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7534 P.M. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERES GEORGE WOLEVER - CHAIRMAN JAMES RICKI.AN - VICE CHAIRMAN ROBERT LA;•HS - MEMBER JAMES GREENE - MEMBER RUSSELL LLOYD - MEMBER JACK McNEELY - IST ALTERNATE JOAN FOSDICK SECRETARY ALSO PRESENT WERES JOSEPH SCOTT - ATTORNEY JAY BOLTON - BUILDING OFFICIAL ALEXIS BEN-KORI - APPLICANT/REQ. 140. 80-4 JILL THERIAC - ATTORNEY REQ. NO. 80-4 THE MINUTES OF THE JUNE 9, 1980, MEETING WERE APPROVED AS READ. MINUTES OF MAY 12 AND APRIL 28, 1980, 1•EETINGS WERE APPROVED AS WRITTEN. ITEM 1 REQUEST NO 80-4 - VARIANCE TO EXTEND 3UILDINC LOCATED ON CORNH'R OF A1AAND TAYLOR AVrfHUE TO YHITHHIN THREE FEET OF THE PROi'ERTY LINE ON TAYLOR. PETITIONERS ALEXIS BEN-KORI CHAIRMAN WOLEVER NOTED THAT THE APPLICATION FOR VARIANCE HAD BEEN PROPERLY FILLED OUT, THAT THE, REQUEST, HAD BEEN LEGALLY ADVERTISED IN THE TODAY NEWSPAPER ON JUNE 20, 1980,AND THAT PROPERTY O;HNERS RESIDING WITH 500 FEET HAD BEEN NOTIFIED. CHAIRMAN WOLEVER NOTED THAT THE BUILDING OFFICIAL HAD CHECKED THE MEASUREMENTS AND THAT THIS REQUEST PERTAINED TO A REDUCTION OF 3 FEET ON THE SIDE STREET SETBACK FROM THE. REQUIRED 25 FEET. ALL OTHER SETBACKS WERE SATISFACTORY. ATTORNEY THERIAC BRIEFED THE BOARD ON THE ADDENDUM ATTACHED TO THE REQUEST. DISCUSSION FOLLOWED ON ITEMS IN THE ADDENDUM AND THE IMPACT OF EXTENDING THE EXISTING STRUCTURE TO WITHIN THREE FEET OF THE PROPERTY LINE. CHAIRMAN WOLEVER RECESSED THE MEETING .AT 8502 P.M. TO ALLOT! BOARD I-IL14BERS TO VIEW EXISTING STRUCTURE. CHAIRMAN WOLEVER RECONVENED THE MEETING AT 8717 P.61. BOARD h1EMBERS EXPRESSED PRO AND CON VIEWS PERTAINING TO REQUEST FOR VARIANCE. FOLLUJING DISCUSSION, M.R. RICKMAN IAOVED To APPROVE THE REQUEST FOR VARIANCE BASED ON SUffiAISSION OF REVISED BITE PLAN PROHIBITING PARKING ON THE SOUTH END OF THE BUILDING AND INCLUDING SIDEWALKS WITH LANDSCAPING AND SHRUBBERY. MR. GREENE.SECONDED MOTION. VOTE ON NOTION WAS AS FOLLOWS: FOR: MESSRS. GREE1IS L RICKMANI AGAINST: MESSRS. WOLEVER, LLOYD,. AND IAWS. MIOTION FAILED. THEREFORE, REQUEST FOR VARIANCE WAS DENIED. ITEM 2. REQUEST NO 79-9-- CLARIFICATION OF NORTH/SOUTH R-1 fc-0— DISTRICT BOUNDARY LINE SOUTH OF HOLL. N ROAD THIS REgUEST ORIGINALLY HEARD BY BOARD OF ADJUST6L�'NT ON DECE6IBER 17. 1979 CHAIRLAN UOLEVER PRESENTED BACKGROUND INFORMATION ON THIS REQUEST AND READ LETTER PROM BRILEY, WILD & ASSOCIATES, WHICH IS MADE A PART OF THE RECORD AND ATTACHED TO THESE 61INUTES. CHAIRMAN VIOLEVER ALSO READ A RECOL7IdENDED MOTION, COPY ATTACHED. TO MINUTES. ATTORNEY SCOTT ADVISED THE BOARD AGAINST APPROVAL OF SUCH A MOTION. FOLLOWING FURTHER DISCUSSION OF THIS REQUEST, IfR. LLOYD,IIOVED TO REQUEST THE CITY MANAGER PREPARE RESPONSE TO TARS. YOIANDA CURTIS IN RESPONSE TO HER LETTER UHICH STARTED THE INQUIRYI AND THAT THIS ITEM BE PIACED ON THE CITY COUNCIL AGENDA. FURTHER, THAT THE ITEM BE CLOSED OUT AS 140 FURTHER ACTION REQUIRED BY THE BOARD. 61R. RICKMAN SECONDED THE MOTION. FOLLOVIING ROLL CALL VOTE, BOARD MEMBERS VOTED U14ANIb10USLY IN FAVOR OF THE MOTION. MEETING ADJOURNED. AT 8s42 P.M. CHAIRMAN, BOARD OF ADJUSTMENT SECRETARY, BOARD OF ADJUSTMENT BOARD OF ADJUSTIMENT July 7, 1980 PAGE 2 OF 2 PAGES i 5�pcc ✓�1yo . ,' j q„�E,,,i city cif cap—a c—maveral venaa,00r .00Yoe , cnuc c no:o ? ",k S . CITY or C!v "".L..r�:. .h,.•r BOARD OF ADJUSTMENT crriuvsivw APRIL 28, 1980--- --........_... 7130 P,M, y .J J! AGENDA , A14ENDED -' CALL TO ORDER J ROLL CALL y �t MINUTES OF MARCH 10, 1980 ..y • ITEM 1. REQUEST THAT THE ACTION TAKEN ON OCEAN WOODS DEVELOPMENT BE RECONSIDERED IN ORDER THAT THE FOLLOWING RESTRICTION CAN BE ADDED: APPROVAL OF STAGES 8,9 AND 10 BE WITHHELD UNTIL THE OWNERS OF LOTS ,32 AND. 33, HARBOR HEIGHTS SUB-, DIVISION,RECEIVE THEIR DEEDS FOR THE 20 FOOT 'BUFFER STRIB ADJACENT TO THEIR LOTS ITEM 2, REQUEST 80-2 SPECIAL EXCEPTION TO ALLOY? AN ADULT CONGREGATE LIVING FACILITY I14 THE R-2 ZONE AT 8323 RIDGEWOOD AVENUE, LOT 6, REPLAT OF CHANDLER PARK, SECTION 14, TOWNSHIP 24S, RANGE 37E, ITEM 3. REQUEST 80-3 VARIANCE TO BUILD A ONE-STORY RECREATION BUILDING IN A PORTION OF THE BREEZEWAY AT CANAVERAL SANDS CONDOMINIUM PROJECT LOCATED IN REPLAT OF CHANDLER PARK ON TRACT 9, SECTION 14, TOWNSHIP 245, RANGE 37E, ADJOURN ' EORGE l•1p70LEVER � HAIRMAN,, BOARD OF ADJUSTMENT POSTED AT 1 P.M., APRIL 125 1980 AS DIRECTED IN THE RULES OF PROCEDURE, SECTION 9., BOARD OF ADJUSTMENT, CITY OF CAPE CANAVERAL, FLORIDA CITY OF CAPE CANAVERAL Q f� BOARD OF , 28 1980 NT APRIL 28, X60 nra THE BOARD OF ADJUST,,IENT OF THE CITY OF CAPE CANAVERAL InET ON APRIL 28, 1980, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE bIEETING WAS CALLED TO ORDER AT 7:35 P.M. THE ROLL NAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WERE GEORGE I'IOLEVER — urutl.""' JAMES RICMAN — VICE CHAIRI'AN ROBERT LAPIS - MEMBER JAIdES GREENE — MEMBER RUSSELL LLOYD — MEMBER JOAN FOSDICK — SECRETARY ABSENTS _ALTERNATE JACK McNEELY ALSO PRESENT WERE: _CITY ATTORNEY RICHARD SCOTT _ ATTORNEY JAY BOLTON JSEBH SCOTT _.BUILDING OFFICIAL _ ATTORNEY PNLTER T. ROSE _ CITY MANAGER ANITA OSTEON - ALLEN ENGINEERING J. M. ALLEN L. R. ➢ISCONTINI _ CANAVERAL SAVDS CONDO THE 11INUTES OF THE MARCH 10,197, idEETING WERE APPROVED AS READ. ITEM 1. RE UF.ST THAT THE ACTION TAKEN ON OCEAN WOODS DEVELOPddENT BE RECONSIDERED MIN THAT THE FOLL OPIING RESTRICTION CAN BE ADDED. APPROVAL OF STAGES 8 AND 0 BF. WIHATHHELD UNTI TTHE RAT0S OF LOTS 2 AND R➢OR HEIGHTS SUD- DIVISION RECEIVE THEIRDEEDS FOR THE 20—FOOT BUFFER STRIP ADJACENT TO THEIR LOTS. CHAIRI!AN NOLEVER STATED THAT THIS ITEM HAD BEEN CANCELLED. ITEC? 2. RE UEST 80-2 SPECIAL EXCEPTION TO ALLO!'1 AN ADULT CONGREGATE LIVING FACILI'PY IN THE R-2 ZONE AT 8323 RIDGENOODAVENUE LO'p REPEAT OF CHANDLER PARK SECTION 1 TO°1NSHIP 2 LS RANGE 3Z CINIRI!AN NOLEVER BRIEFED THE BOARD ON PROPOSED LEGISLATION CONCERNING ADULT CONGREGATE LIVING FACILITIES. DISCUSSION FOLLMIED ON PARKING FACILITIES, ItIGRESS A14D EGRESS TO THE PROPERTY,REQUIRED SETBACKS, ETC. ATTORNEY WALTER ROSE AND MRS. ANITA OSTROM BRIEFED THE BOARD ON A PLOT PIAN WHICH HAD BEE14 PREPARED BY AN ARCHITECT FOR CONSTRUCTION OF A PROPOSED STRUCTURE AT THIS LOCATION SHOi'IING SITE .PLAN AND PARKING FACILITIES; HaJEVER, DUE TO BUILDING COSTS, APPLICANT N:INTED TO CONVERT EXISTING FACILITY TO ALLU;9 ADULT CONGREGATE LIVING. MR. LAWS STATED THAT CERTAIN FINDINGS SUCH AS INGRESS AND EGRESS TO THE. PROPERTY, OFF-STREET PARKING, LOADING AREAS, REFUSE AND SERVICE AREAS, UTILITIES, SCREENING AND BUFFERING WITH REFERENCE. TO TYPE. SIGNS, REQUIRED SETBACKS AND SEVERAL OTHER ITE6iS, WERE REQUIRED FRO-M THE APPLICANT BEFORE THE BOARD COULD RENDER A DECISION ON THE SPECIAL EXCEPTION. 14R. BOLTON, BUILDING OFFICIAL, COMMENTED ON THE PARKING AND ZONING REGUTATIONS CONCERNING NURSING AND CONVALESCENT HOMES WHICH HE BELIEVED WAS THE CLOSEST THING THAT WOULD PERTAIN TO SUBJECT FACILITY. MR. LAWS MADE A LiOTION THAT THE BOARD CONTINUE MEETING ON REQUEST #80-2 TWO WEEKS FR0M THIS DATE. GUM. RICKMAN SECONDED MOTION. BOARD MEMBERS VOTED IN FAVOR OF LOTION. ATTORNEY ROSE REQUESTED CLARIFICATION ON MATERIAL TO BE FURNISHED BY APPLICANT. IN RESPONSE TO QUESTION REGARDING INTERIOR OF FACILITY, MR. ROSE STATED THAT THE STATE REQUIRLT•IENTS WERE QUITE RIGID FOR THIS TYPE FACILITY. ATT0 11EY SCOTT ADVISED THE BOARD THAT A SPECIAL EXCEPTION COULD BE GRANTED CONTINGENT ON RECEIVING APPROVAL FROM THE STATE. MR. RICKI,VIN STATED APPLICANT SHOULD FURNISH WRITTEN INFORMATION CONCERNING PARKING AREAS, LOADING 'LONE, REFUSE, INGRESS AND EGRESS, TRAFFIC PATTERN, AND ITEMS MENTIONED EARLIER. ITO,REQUEST BO-3 VARIANCE TO BUILD A ONE-STORY RECREATION BUILD II:G INA PORTION OF THE BREEZE- WAY AT CAPE CANAVERAL SANDS CONDOb1INIUM PROJECT LOCATED IN REPIAT OF CIWNOLER PARK ON TRACT SECTION 14. TOWNSHIP 24S, RANGE 37E. MR. ALLEN BRIEFED THE BOARD ON THE NATURE OF THIS REQUEST. MR. BISCONTINI STATED RECREATION FACILITY WOULD PROVIDE REST- ROOMS REQUIRED BY THE POOL. FOLLO'dING DISCUSSION BY BOARD kIEI.I,BERS ON RATIONALE FOR MAINTAINING BREEZEWAY REQUIREMENTS, I:IR. LAWS STATED THAT THE BREEZEWAY REQUEST DID NOT HAVE MERIT, AND THAT IT SHOULD BE 2j'%+ AS REQUIRED BY THE 'ZONING ORDINANCE.. 1.1R. RICKLAN LIADE A MOTION THAT THIS REQUEST BE DENIED. MR. LAWS SECONDED MOTION. MESSRS. NOLEVER, RICICIAN, LAWS, AND LLOYD VOTED IN.FAVOR OF MOTION; MR. GREENE VOTED ACAINST. MOTION CARRIED. M•IEETING ADJOURNED AT 8:40 P.M. MINUTES OF BOARD OF ADJUSTMENT APRIL. 7.0, 1900 PACE 2 OF 2 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JUNG 9, 1900 THE BOARD OI' ADJUSTMENT OF THE CI'T'Y OF CAPE CANAVERAL. MET ON JUNE 9, 1980 TO CONTINUE THEIR MEETING OF 14AY 12, 1900. THE MEETING WAS HELD AT CITY HALL, 105 POLK AVENUE, CAPE ' CANAVERAL, FLORIDA. THE MECTING WAS CALLED TO ORDER AT 7:30 P.M. 771E ROLLWAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE: GEORGE WOLEVER - CHAIRMAN JAMES RICKMAN - VICE CHAIRMAN JAMES GREENS MEMBER ROBERT LAWS' - MEMBER RUSSELL LLOYD MEMBER ABSENT: JACK MCNF•.ELY - ALTERNATE MEMBER ALSO PRESENT WERE: JOSEPH SCOTT - CITY ATTORNEY JAY BOLTON - BUILDING OFFICIAL PATRICIA BEAULIEU - CITY CLERK ITEM 1. REQUEST 80-2 SPECIAL EXCEPTION TO ALLOW AN ADULT CONGREGATE LIVING FACILITY IN THE R-2 LONE AT 8323 RIDGEWOOD AVENUE, LOT 6, REPLAT OF-CHANDLER PARK, SECTION 14, TOWNSHIP S 'RANGE 37E CONTINUED FROM MAY-12 EETINGT CHAIRMAN WOLEVER SUGGESTED THAT THE MINUTES OF THE FIRST TWO MEETINGS BE APPROVED AFTER THE BOARD HAS MADE ITS FINAL DECISION ON THIS CASE. CHAIRMAN WOLEVER EXPLAINED THAT THE VOTE ON RECONSIDERATION AT THE LAST MEETING WAS NOT ACCORDING TO ROBERTS RULES OF ORDER. ATTORNEY JOSEPH SCOTT INFORMED THE BOARD THAT ITIS RESEARCH INDICATED THAT SINCE NO ONE OBJECTED AT THE TIME THE MOTION WAS MADE THE OBJECTION WAS WAIVED AND THE MOTION TO RECONSIDER WAS PROPERLY DONE. MR. SCOTT'S RESEARCH WAS BASED PRIMARILY, UPON THE OPINION OF THE PARLIAMENTARIANOF THE FLORIDA. HOUSE OF REPRESEN- TATIVES. THE HEARING PROCEEDED AND MR. WOLEVCR READ THE HEADINGS OF TWO PETITIONS AS SUBMITTED TO THE BOARD BY MRS. JOHNSON. SUBJECT PETITIONS ARE FILED WITH THIS CASE RECORD. CHAIRMAN WOLEVrR READ THE EXCERPT FROM TUE PLANNING Atli ZONING BOARD'S MEETING OF MAY 2R RELATIVE TO TIIIS CASE. SO}iE DISCUSSION FOLLOWED AS TO 'TIIE. INTERPRETATION OF THE BOARD'S ACTION AS STATED IN THE MINUTES. ATTORNEY SCOTT STATED THAT THE PLANNING AND ZONING BOARD'S PREVIOUS RECOPItdENDAT'ION STANDS AS THEY DID. NOT MAKE A FURTHER RECO}PIENDATION ONE !JAY OR THE OTHER. MR. LAWS READ PARAGRAPH 1. OF SECTION 645.21 OF THE ZONING ORDINANCE AND EXPLAINED THAT TIE FELT THAT THE BOARD HAD TBE AUTHORITY TO GRANT TIIIS SPECIAL EXCEPTION SINCE NURSING HOMES AND CONVALESCENT HOMES ARE ALLOT•IED AS SPECIAL EXCEPTIONS IN I1-2 AND R-3. CIIAIRIIAN 410LLVEIZ POINTED OUT THAT THE DEFINITIONS OF All ADULT CONGREGATE•. LIVING HOME AND R001ING HOUSE AS WRITTEN IN THE STATE LAI4. ARE TOO SIMILAR. TIE POINTED OUT THAT THE REGULATIONS STATE THAT BY PROVIDING FOOD, LODGING AND ONE OTHER ITEM, A ROOMING HOUSE COULD QUALIFY FOR AN ADULT CONGREGATE LIVING FACILITY. TIE FELT THAT THE ONE OTHER ITEM COULD BE HOUSEKEEPING. THE FLOOR WAS OPENED FOR DISCUSSION.. SEVERAL OPPONENTS AND ONE PROPONENT %IERG HEARD. BOARD MEMBER RICK'IAN EXPLAINEDTHAT TIE FELT AN ADULT CONGREGATE LIVING FACILITY IS NOT DEFINED CLEARLY ENOUGH AND LAPS OVER INTO THE BOARDING HOUSE AND ROOMING HOUSE CATEGORY AND THE BOARD 190ULD BE GIVING SOMETHING THAT THEY COULD NOT RESCIND OR CONTROL. MR. GTUMNE EXPLAINED THAT IF THIS BAD BEEN PROPOSED IN A DIFFERENT LOCATION IT WNY HAVE BEEN BETTER. HOWEVER, THE ELEMENTARY SCHOOL AND KINDERGARTEN WERE Too CLOSE TO THE PROPOSED FACILITY WHICH WOULD BE HOUSING ELDERLY PEOPLE. MR. LLOYD .EXPLAINED HIS VIEWS BY STATING THAT 1-111AT TIE FELT BEFORE AND WHAT TIE STILL FELT WAS THAT THE ZONING ORDINANCE WAS. NOT SPECIFIC IN 'PAIS CASK .- IT WAS HIS INTERPIIE'TATION FROM READING THE RESTRICTIONS THAT ARE PLACED ON 'TIIIS 'TYPE OF FACILITY REQUIRING STATE OR COUNTY HEALTH DEPARTMENT APPROVAL A14D ANNUAL RENEWAL OF THEIR LICENSE THAT THEY IIET THE QUASI INTENT OF A NURSING HOME Oil SOME SORT OF CONTROL FACILITY BY Till' COUNTY RHALTH OFFICIALS AND THAT AS SUCH COULD PROBABLY. BE LOOSLL'YINCLUDED IN THE INTERPRETATION OF THE ZONING ORDINANCE. HE BOARD OF ADJUSTttENT MINUTES OF 6-9-00 PAGE OF 3 FURTHER. EXPLAINED TBAT HE STILL FELT THAT WITH THE ORDINANCE AND THE WAY IT IS 1-111ITTEN NOW AND THE CONTROLS PLACED ON IT BY THE COUNTY AND STATE THERE IS ENOUGH TO PREVENT IT FRO'1 BECOMING A BOARDING HOUSE OR ,ROOMING HOUSE. HOWEVER,IT IS NOT SPECIFICALLY CALLED OUT IN THE ZONING ORDINANCE AND CAN BE OPEN TO INTERPRETATION.' MR. LAWS MOVED TO GRANT SPECIAL EXCEPTION 80-2 WITH THE PROVISO THAT THE SPECIAL EXCEPTION APPLY ONLY TO MRS. OSTROM AND MR. APPLEGATE'AND THAT THE GRANTING BE FURTHER CONSTRAINED TO RESIDENTS OF 50 YEARS OF AGE OR OVER. MR. LLOYD SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. LAWS AND MR. LLOYD, OPPOSED, MR. GREENE,, MR. RICKMAN AND MR. NOLEVER. MOTION FAILED. SPECIAL REQUEST NO.. 80-2 WAS DENIED.' CHAIRMAN WOLEVER STATED HIS PHILOSOPRY AT TIIIS TIME - THE ZONING LAWS ARE NOT CLEAR ENOUGH - RE DID NOT BELIEVE THAT TIIE INTENT OF THE ZONING BOARD AT THAT TIME MEANT FOR ANY PROPERTY IN AN R-2 ZONE TO BE USED FORA ROOMING HOUSE. HE FELT THAT THE CLOSENESS OF THE TWO, ESPECIALLY SINCE FOOD. AND LODGING PLUS ONE OTHER ITEM, HOUSEKEEPING OR SO!IETHING OF THAT NATURE COULD CHANGE IT FROM A BOARDING HOUSE TO A FACILITY OF THAT SORT., BE FURTHER. STATED THAT TIIE•,, CITY NEEDS A FACILITY IN TIIIS AREA AND SAID. IT IS UP TO THE PLANNING AND ZONING BOARD AND SUGGESTED THAT WHEN THE LAWS CONE FROM TALLAHASSEE THE BOARD PRESENT SOMETHING TO CITY COUNCIL AS AN ORDINANCE CHANGE. AT 8:27 P.M. MR. 'LAWS MOVED TO ADJOURN. NR.. RICK!iAN SECONDED MOTION. MEETING ADJOURNED. APPROVED TIIIS 7yloj DAY OF 1980. CJI/AIRMAN BOARU OF ADJUSTMENT. CITY CLERK \. BOARD OF ADJUSTMENT MINUTES OF 6-9-80 PAGE 3 OF 3 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MAY 12, 1980 . CONTINUED FROM APRIL 28, 1980 THE HOARD OF. ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON MAY 12, 1980 TO CONTINUE THEIR MEETING OF APRIL 28. THE MEETING WAS HELD AT CITY BALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:3Q P.M. THE ROLL. WAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE: ,GEORGE WOLEVER CHAIRMAN JAMES RICKMAN -VICE CHAIRMAN JAMES GREENE -MEMBER ROBERT LAWS -MEMBER RUSSELL. LLOYD -MEMBER ABSENT: JACK MCNEELY -ALTERNATE MEMBER ALSO PRESENT WERE: JOSEPH, SCOTT -CITY ATTORNEY JAY BOLTON -BUILDING OFFICIAL PATRICIA BEAULIEU-CITY CLERK ANITA J. OSTROM PETITIO';ER FOR REQUEST 80-2 ITEM 1. REQUEST BO -2 SPECIAL EXCEPTION TO ALLOW AN ADULT CONGREGATE LIVING FACILITY IN THE R-2 i .'LONE AT 2. RIUGEI'IOOD AVENUE, b- __' RRPLAT OF CfiANULER PARK, TN 1 , TOWNSHIP S RANGE E CONTINUED FROM THE APRIL 28 NESTING). � i CHAIRMAN WOLEVER EXPLAINED THAT THIS HEARING WAS CONTINUED UNTIL THIS DATE DUE TO THE FACT THAT. THE APPLICATION ,WAS NOT ACCEPTABLE TO THE BOARD MEMBERS SINCE IT DID NOT COMPLY WITH I i ZONING REGULATION 645.22. MR. W.OLEVER POINTED OUT THAT THE BOARD BAD NOW RECEIVED A SCALE DRAWING OF THE PROPERTY 1-111ICII DEPICTED TIIE FOUR PARKING SPACES AND NEW DRIVEWAY.BE ALSO POINTED OUT THAT HE BAD' QUESTIONED THE FACT THAT. THE PROPERTY WAS IN JOINT OWNERSHIP AND THAT THIS FACT BAD NOT BEEN PROPERLY. INDICATED ON THE APPLICATION FOIL SPECIAL EXCEPTION. MR. WOLEVER INFORMED THE ROARD THAT ATTORNEY RICHARD SCOTT HAD INDICATED THAT THE APPLICATION COULD BE AMENDED TO SHOW THE JOINT OWNERSHIP. AT THIS TIME, PETITIONER OS'TROM GAVE THE BOARD MEMBERS A COPY OF A POWER OF ATTORNEY .FORM ;IHICH WAS GRANTED FROM THE .JOINT OWNER, CHARLEY APPLEGATE. CHAIRMAN WOLEVER READ THE DEFINITIONS OF AN "ADULT CONGREGATE LIVING .FACILITY" AND "PERSONAL SERVICES." FROM THE RULES OF THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES CHAPTER 1OA'-5 AND ALSO CITED THE PORTION OF THE RULES DEALING WITH THE RATIO OF STAFF PERSONNEL TO RESIDENTS. THE, CHAIRI•IAN'S REVIEW FURTHER COVERED PAGES 2 AND OF THE APPLICATION FORM FOR SPECIAL EXCEPTION AND ALSO NOTED THAT THE PLANNING AND, ZONING BOARD HAD RECOI*IENDED APPROVAL OF THIS SPECIAL EXCEPTION FOR AN ADULT CONGREGATE LIVING FACILITY AS DEFINED BY, THE STATE. HE POINTED OUT THAT IT HAD BEEN ' PROPERLY ADVERTISED AND PROPERTY 014NERS WITHIN THE 500 HUNDRED FOOT RADIUS HAD BEEN NOTIFIED. AT, THIS TIME, MR. WOLEVER READ A LETTER FROM MR. & I•IRS. KENNEDY BROWN APPROVING THE SPECIAL EXCEPTION REQUEST AND ALSO A LETTER FROM MR. LEROY BERRY, PRINCIPAL OF CAPE VIEW ELEMENTARY SCHOOL, OBJECTING TO A CHANGE IN THE STATUS OF THE PROPERTY ADJACENT TO THE SCHOOL. IT WAS POINTED OUT THAT THE SCHOOL HOARD WAS THE PROPERTY. OWNER AND NOT NR, BERRY, HOWEVER, HE COULD OBJECT ASA CONCERNED CITIZEN. CHAIRMAN WOLEVER STATED THAT THE DETERMINATION THAT THE BOARD WOULD HAVE TO MAKE REGARDING THIS REQUEST FOR A SPECIAL EXCEPTION WAS WHETHER OR NOT AN ADULT CONGREGATE. LIVING FACILITY' COULD BE CONSIDERED IN THE SAME CATEGORY, AS AHOSPITAL, CONVALESCENT HOME OR NURSING HOME. AT THIS. TIME, THE FLOOR WAS OPENED FOR PROPONENTS AND OPPONENTS. THERE BEING NO PROPONENTS, THE OPPONENTS IJERE HEARD. MR. LESLIE JOHNSON OBJECTED TO THE SPECIAL EXCEPTION FOR AN ADULT CONGREGATE LIVING FACILITY BEING CONSIDERED UNDER SECTION 637:27 "6" AND FELT A SPECIAL EXCEPTION SHOULD BE GRANTED ONLY TO THE. USES SPELLED OUT IN THAT PARAGRAPH. HE POINTED OUT THAT THE APPLICATION MENTIONED 15 RESIDENTS YET THERE WERE. ONLY SEVEN BEDROOMS IN THE HOUSE. HE ALSO EXPRESSED CONCERN AS TO WHO COULD CONTROL THIS TYI'E OF OPERATION SINCE THE STATE IS NOT REQUIRING CITIES TO COVER THIS IN THEIR ZONING ORDINANCES.' BOARD 01' ADJUSTMENT MINUTES 5-12-80 PAGE 2 OF 5 MR. CARL. RHODA EXPRESSED CONCERN OVER THE FACT THAT NOT ALL PROPER'L'Y OWNERS .HAD BEEN. NOTIFIED OP THIS UPCObLING HEARING. IT WAS 110114TED OUT BY NRS. OSTROM THAT LETTERS WENT OUT TO PROI'ERTY.0IJNERS AS LISTED IN THE BREVARD COUNTY RECORDS. HE ALSO EXPRESSED CONCERN THAT AFTER THIS. BOARD APPROVED 'THIS SPECIAL EXCEPTION, THE USE OF THE PROPERTY MIGHT POSSIBLY CHANGE TO A ROOMING HOUSE TYPE OF OPERATION. MRS. SHIRLEY MYERS QUESTIONED THE AGE BRACKET WHICH WOULD BE ALLOWED TO LIVE 114 THIS FACILITY. PETITIONER OSTROM STATED THAT IT 11A5 HER INTENTION TO USE THE FACILITY FOR RETIRED PEOPLE ONLY. MRS. OSTROM INFORMED THE AUDIENCE AND THE BOARD THAT THE USE AS A CONGREGATE LIVING FACILITY NECESSITATED A STATE APPROVED LICENSE WHICH 14AS NOT TRANSFERABLE.SHE ALSO STATED THAT THE COUNTY HEALTH INSPIiCTOR APPROVED THE FACILITY. FOR 15 RESIDENTS. AFTER FURTHER DISCUSSION, MR. LAWS MOVED TO GRANT SPECIAL EXCEPTION 80-2 WITH 'TIIE, PROVISO THAT THE SPECIAL EXCEPTION APPLY ONLY TO MRS. OSTROM AND MR. APPLEGATE AND '!:LAT THE GRANTING BE FURTHER CONSTRAINED TO RESIDENTS OF 50 YEARS OF AGE OR OVER. MR. LAWS SUGGESTED THAT THE CHAIRI-IAN STATE THAT HE REVIEWED THE WRITTEN FINDINGS AND BELIEVED THAT THE APPLICANT WAS IN KEEPING IN EACH OF THE ITEMS. AT THIS TIME, MR'. WOLEVER MENTIONED THAT THE PARKING WAS REVIE14E•'D AND THE'BOARD BASED IT ON THE PARKING REQUIRED FOR CONVALESCENT HOMES OR NURSING HOMES WHICH REQUIRED. ONE. PAVED PARKING AREA FOR EVERY 4 RESIDENTS. THE PLAN PRF.SENTED.SHOWED A NEW PARKING AREA WITH FOUR 20 X 40 FT. SPACES AND THAT THE FOUR AREAS ARE BASED ON 15 RESIDENTS LIVING IN THE FACILITY.. MR. LLOYD SECONDED THE MOTION ON THE FLOOR. AT THIS TIME, MR. RICKMAN STATED THAT HE FELT THAT THE PLANNING AND ZONING BOARD SHOULD. HAVE PICKED SOME AREA IN THE CITY AND DONE SOMETHING SO THAT THIS TYPE OF ACTIVITY. COULD BE PLACED IN A BETTER LOCATION POSSIBLY BY REZONING RATHER THAN HAVE THE BOARD OF ADJUSTMENT h1AKE THIS TYPE OF DECISION. BOARD. OF ADJUSTt.JENT MTNU'PCS 5-]2-00 PACK 3 OF 5 0 • MR, WOLEVER EXPRESSED THE THOUGHT THAT Iii FELT THAT THIS TYPE OF USE SHOULD HAVE SOME 'TYPE OF 'ZONING CHANGE AND HAVE DEFINITE' STANDARDS AND GUIDELINES AS HE FELT THERE WOULD BE OTHER APPLICANTS DESIRING THIS 'TYPE OF USI:. VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR, MR. LAWS AND I•Ilt. LLOYD, OPPOSED, MR. GREENE, MR. RICKMAN AND MR. WOLEVER. MOTION FAILED. FURTHER DISCUSSION FOLLOWED AND MR. WOLEVER SUGGESTED THAT 'fills GO BACK TO TIIIi PLANNING AND ZONING BOARD AND THEY SET .STANDARDS AND BRING IT BEFORE THE COUNCIL FOR A CHANGE. IN TIIE ORDINANCE. MR. LAWS MOVED TO RECONSIDER THE VOTE AND DISCUSS IT FURTHER. HE, STATED THAT HE THOUGHT THE PRESENT ORDINANCE WAS FAIRLY CLEAR ABOUT SPECIAL EXCEPTIONS ALLOWED IN R-2 AND THAT THIS 'TYPE OF FACILITY COULD BE GRANTED AS A SPECIAL EXCEPTION, HOWEVER, HE FELT THAT THE ORDINANCE WAS DEFICIENT IN NOT DEFINING SOME PARAI•IETERS AS FAR AS SQUARE FOOTAGE AVAILABLE IN THE HOME AND. NUMBER OF RESIDENTS. MR. LLOYD SECONDED THE MOTION TO RECONSIDER. AT THIS TIME, MR. LLOYD STATED. HE FELT. THE INTENT OF THE ZONING ORDINANCE WAS TO GIVE THE BOARD OF ADJUSTMENT THE POWER TO ALLOW THIS SORT OF USE IN R-2, HOWEVER, HE FELT THAT THERE WASNOT SUFFICIENT DESCRIPTION TO GIVE THE SIZE OF ROOMS FOR HOSPITALS, CONVALESCENT 'OR NURSING HOMES AS EXCEPTIONS IN R-2. VOTE ON THE MOTION. TO RECONSIDER WAS AS FOLLOWS: IN FAVOR, MR. LAWS, MR. LLOYD, MR. RICKMAN AND MR. WOLEVER, OPPOSED, MR'. GREENE. MOTION PASSED. AT THIS TIME, MR. RICKMAN ASKED MRS. OSTROM IF SIZE WOULD BE IN FAVOR OF THIS APPLICATION RETURNING TO, THE PLANNING AND ZONING, BOARD. MRS. OS'TROM INFORMED THE BOARD THAT SHE FELT THAT EVEN THOUGH HER REQUEST MIGHT BE TURNED DOWN, THIS SUBJECT SHOULD BE ADDRESSED BY THE BOARD DUE TO THE FACT THAT. SHE FELT THIS TYPE OF FACILITY WAS NEEDED. BOARD OF ADJUSTMENT MINUTES 5-12-80 PAGE 4 OF 5 MR. WOLEVER MOVED TO CONTINUE THIS MEETING IN ONE MONTH, FOUR WEEKS FROM MAY 12, WITH THE, HOPE THAT THE PLANNING AND ZONING BOARD WOULD COME. UP WITH SOME GUIDELINES.. MR. 'LAWS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY., AT 8:54 P.M. THIS MEETING WAS CONTINUED UNTIL JUNE 9, 4980. APPROVED THIS 7�DAY OR,�� 1980. GL iGE U i EI - CH IAN R ARD OF ADJUSTMENT 10 A'i L J E, CITY CLERK BOARD OF ADJUSTMENT MINUTES 5-12-00 PACE 5 OF City of Cape Canaveral �; ._ V.t � 10) YOt.t •VEnBC . cx.YE cin /.v[Nx.E. [EOn�O� )xBxO crtror unu)EnnuBOARD OF ADJUSTMENT APRIL 28, 1980 ..'.-1 7:30 P.N. AGENDA CALL TO ORDER ROLL CALL MINUTES OF MARCH 10, 1980 ITEM 1. REQUEST 80-2 SPECIAL EXCEPTION TO ALLOW AN ADULT CONGREGATE LIVING FACILITY IN THE R-2 TONE AT 8323 RIDGEWOOD AVENUE, LOT G,. REPLAT OF CHANDLER PARE, SECTION 14, TOWNSHIP 24S, .RANGE 37E ITEM 2. REQUEST 80-3 VARIANCE TO BUILD A ONE-STORY RECREATION BUILDING IM A PORTION OF THE BREEZEWAY AT CANAVERAL SANDS CONDOMINIUM PROJECT LOCATED IN REPLAT OF CHANDLER PARE ON TRACT 9, SECTION 14, TOWNSHIP 24S, RANGE 37E. ADJOURN NOTICE THE ABOVE REQUEST NO.80-2 REGARDING SPECIAL EXCEPTION HAS BEEN CONTINUED TO. MONDAY, MAY 12, 1980 AT 7:30 P. M. IN CITY HALL. NOTICE THE ABOVE REQUEST NO. 80-2 REGARDING SPECIAL EXCEPTION HAS BEEN CONTINUED AGAIN UNTIL MONDAY, JUNE 9, 1980. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT 'APRIL 28, 1980 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL 14ET ON APRIL 28, 1980,AT CITY HALL, 10$ POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7s3$ P.T.I. THE ROLL WAS CALLED BY THE SECRETARY. BOARD 1-10-I.AERS PRESENT WERE: GEORGE VIOLEVER CHAIRL'AN JAMLES RICIMAN - VICE CHAIRMAN ROBERT LAWS MEMBER JAMES GREENE - MEMBER RUSSELL LLOYD - MEMBER JOAN FOSDICK - SECRETARY ABSENTS _ ALTERiVATE JACK McNEELY ALSO PRESENT VIERE: _CITY ATTORNEYRICHARD SCOTT ATTORNEY JOSEPH SCOTT - JAY BOLTON BUILDING OFFICIAL - ATTORNEY WALTER S ROSE _ CITY MANAGER ANIMA ALLEN - ALLEN ENGINEERING J. R. ALLEN _ CANAVERAL SANDS CONDO L. R. DISCONTINI k1. THE MINUTES OF THE MARCH 10, 1978, MEETING WERE APPROVED AS READ. ITEM1. RE UEST THAT THE ACTION TAKEN ON OCEAN MOODS DEVELO1itENTBE RECONSIDERED IN ORDER T T THE FOLLOVIING RESTRICTION CAN BE ADDED. APPROVAL OF STAGFS 8 9 ANDSO DE VIITHHELD UNTIL THE OWNERS OF LOTS 92 AND 33. HARBOR HEIGHTS SUB- DIVISION RECEIVE THEIR DEEDS FOR THE 20-FOOT BUFFER STRIP ADJACENT TO THEIR LOTS. CHAIRMAN NOLEVER STATED THAT THIS ITEM HAD BEEN CANCELLED. 'RE UEST 80-2 SPECIAL EXCEPTION TO ALLOW NE ADULT ITEM 2. CONGREGATE LIVING FACILITY INTHE R-2 'LONE AT 8 2 RIUGEPIOOD AVENU LOT REPEAT OF CFANDLER PARK SECTION 1 T 111SHIP 2 S RANGE 37E CHAIRMAN NOLEVER BRIEFED THE BOARD ON PROPOSED 'LEGISLATION CONCERNING ADULT CONGREGATE LIVING FACILITIES. DISCUSSION FOLLMIED ON PARKING FACILITIES, INGRESS AND EGRESS TO THE PROPERTY.REQUIRED SETBACKS, ETC. ATTORNEY VIALTER ROSE AND MRS. ANITA OSTROM BRIEFED, THE BOARD ON A PLOT PIAN VIHICH HAD BEE14 PREPARED BY AN ARCHITECT FOR CONSTRUCTION OF A PROPOSED STRUCTURE AT THIS LOCATION SHOVIING SITE PIAN AND PARKING FACILITIES; HOYIEVER, DUE TO BUILDING COSTS, APPLICANT VIATITED TO CONVERT EXISTING FACILITY TO ALL03 ADULT CONGREGATE LIVING. 11R. TAWS STATED THAT CERTAIN FINDINGS ,SUCH AS INGRESS AND EGRESS TO THE PROPERTY, OFF—STREET PARKING, LOADING AREAS, REFUSE AI;D SERVICE AREAS, UTILITIES, SCREENING AND BUFFERING WITH REFERENCE TO TYPE SIGNS, REQUIRED SETBACKS AND SEVERAL OTHER ITEiS, WERE REQUIRED FROM THE APPLICANT BEFORE THE BOARD COULD RENDER A DECISION ON THE SPECIAL EXCEPTION. V,R. BOLTON, BUILDING OFFICIAL, COI4I1E9TED Oil THE PARKING AND ZONING REGULATIONS CONCERNING NURSING AND CONVALESCENT HOLIES WHICH HE BELIEVED WAS THE CLOSEST THING THAT WOULD PERTAIN TO SUBJECT FACILITY. NMR. LAWS MADE A MOTION THAT THE BOARD CONTINUE MEETING 0;1 REQUEST ;180-2 TWO PIEEKS FROM THIS DATE. MR. RICKMAN SECONDED MOTION. BOARD 14EMBERS VOTED IN FAVOR OF LIOTION. ATTORNEY ROSE REQUESTED CLARIFICATION ON MATERIAL TO BE FURNISHED BY APPLICANT. IN RESPONSE TO QUESTION REGARDING INTERIOR OF FACILITY, MR. ROSE STATED THAT THE STATE REQUIREMENTS WERE QUITE RIGID FOR THIS TYPE FACILITY. ATTORNEY SCOTT ADVISED THE BOARD THAT A SPECIAL EXCEPTION COULD BE GRANTED CONTINGENT Oil RECEIVING APPROVAL FROM THE STATE. MR. RICKI.IAN STATED APPLICANT SHOULD FURNISH WRITTEN INFORMATION CONCERNING PARKING AREAS, LOADING ZONE, REFUSE, INGRESS AND EGRESS, TRAFFIC PATTERN, AND ITELSS MENTIONED EARLIER. ITEM 3. REQUEST 80-3 VARIANCETO BUILD A ONE—STORY RECREATION BUILDItdG INA PORTION OP THE BREEZE— l'lAY AT CAPE CANAVERAL SANDS CONDOiMINIUW PROJBCT LOCATED IN REPEAT OF CHANDLER PARK ON TRACT9. SECTION 1 TOl'1NSHIP 2 5 RANGE 37E. MR. ALLEN BRIEFED THE BOARD. ON THE NATURE OF THIS REQUEST. MR. BISCO14TINI STATED RECREATION FACILITY 111CULD PROVIDE REST— ROOMS REQUIRED BY THE. POOL. FOLLOWING DISCUSSION BY BOARD 1.03ERS ON RATIONALE FOR MAINTAINING BREEZEWAY REQUIREMENTS, 1.IR. LAWS STATED THAT THE BREEZEWAY REQUEST DID NOT, HAVE MERIT, AND THAT IT SHOULD BE 257 AS REQUIRED BY THE ZONING ORDINANCE. NMR. RICK1,11N MADE A MOTION THAT THIS REQUEST BE DENIED. ESR. LAWS SECONDED MOTION. UESSRS. WOLEVER, RICKI•AN, LAWS, AND LLOYD VOTED IN FAVOR OF IMOTIONI MR. GREENE VOTED AGAINST. 1-10TION CARRIED.. MIIIETING ADJOURNED AT 8:40 P.m. MINUTES OF BOARD OF ADJUSTMENT APRIL 28, 1980 .PAGE 2 OF 2 _ e CITY OF CAPE CANAVE* BOARD OF ADJUSTMENT MAY 12, 1980 CONTINUED FROM APRIL 28, 1980 THE HOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON MAY 12, 1900 TO CONTINUE THEIR, MEETING, OF APRIL 28. THE MEETING WAS HELD AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE' GEORGE WOLEVER -CHAIRMAN JAMES RICKIIAN -VICE CUAIP-MAN JAMBS GREE14E -MEMBER ROBERT. LAWS -MEMBER RUSSELL LLOYD -MEMBER ABSENT: JACK MCNEELY -ALTERNATE MEMBER ALSO PRESENT WERE: JOSEPH SCOTT -CITY ATTORNEY JAY DOLTON -BUILDING OFFICIAL PATRICIA BEAULIEU -CITY CLERK ANITA J. OSTROM, -PETITIONER FOR REQUEST 80-2 ITEM 1. REQUEST 80-2 SPECIAL EXCEPTION TO ALLOW AN ADUUT CONGREGATE LIVING FACILITY IN THE R-2 ZONE AT 83ZJ RIDGEWOOD AVENUE,REPLAT 01' CHANULER PARR, SECTION TOlvNS11IP S RANGE E CON'T'INUED PROI 'TIIE APRIL MEETING) CHAIRMAN WOLEVER EXPLAINED THAT THIS HEARING WAS CONTINUED UNTIL. THIS DATE DUE TO THE FACT THAT THE APPLICATION WAS NOT ACCEPTABLE TO THE BOARD MEMBERS SINCE IT DID NOT COMPLY WITH ZONING REGULATION 645.22. MR. WOLEVER POINTED OUT THAT THE .BOARD BAD NOW RECEIVED A SCALE DRAWING OF THE PROPERTY WHICH DEPICTED THE FOUR PARKING SPACES AND NEW DRIVEWAY. BE ALSO POINTED OUT THAT BE HAD QUESTIONED THE FACT THAT THE PROPERTY WAS IN ,JOINT OWNERSHIP AND THAT THIS FACT BAD NOT BEEN PROPERLY INDICATED ON THE APPLICATION FOR SPECIAL EXCEPTION. MR. WOLEVER INFORMED THE BOARD THAT ATTORNEY RICHARD SCOTT HAD INDICATED THAT THE. APPLICATION COULD BE AMENDED TO SHOW THE JOINT OWNERSHIP. AT. THIS TIME, PETITIONER OSTROM GAVE THE BOARD 14EMBERS A COPY OF A POWER OF ATTORNEY FORM 1311ICH WAS GRANTED FROM THE JOINT OWNER, CHARLEY APPLEGATE. • CHAIRMAN WOLE.VI:R READ THE DEFINLTIONS OF AN "ADULT CONGREGATE LIVING FACILITY" AND "PERSONAL SI-RV1.CrS" FROM THE. RULES OF. TIIE,DEPARTI•IENT OF HEALTH AND RF.IIABILLTATIVE SERVICES CIIAPTI-R IOA-5 AND ALSO CITED THE PORTION OF THE RULES DEALING WITH Till, RATIO OF STAVF PERSONNEL To RESIDENTS. THE. CHAIRMAN'S RI -,VIEW FURTHER COVERED PAGES 2 AND 3 OF THE APPLICATIONFORM FOR SPECIAL EXCEPTION AND ALSO NOTED THAT Till-'. PLANNING AND ZONING BOARD HAD RECOIZIENDED APPROVAL OF THIS SPECIAL EXCEPTION FOR AN ADULT. CONGREGATE LIVING FACILITY AS DEFINED BY THE STATE.. HE POINTED OUT THAT 1T HAD BEEN PROPEiRLY ADVEIRTISED AND PROPEIRTY OWNERS WITHIN THE 500 HUNDRED FOOT RADIUS HAD BEEN NOTIFIED. AT THIS TIME., MR. WOLEVER READ A LETTER FROM MR. & MRS. KENNEDY BROWN APPROVING THE SPECIAL EXCEPTION REQUEST AND ALSO A LETTER FROM PER. LEROY. BERRY, PRINCIPAL OF CAPE. VIE1W ELEMENTARY SCHOOL, OBJECTING TO A CHANGE IN THE STATUS OF THE PROPERTY ADJACENT TO THE SCHOOL. IT WAS POINTEID OUT THAT THE SCHOOL BOARD WAS THE PROPERTY OWNER AND NOT MR. BERRY, HOWEVEiR, HE COULD OBJECT AS A CONCERNED CITIZEN. CHAIRMAN WOLEVER STATED THAT THE DETERMINATION THAT THE BOARD WOULD HAVE TO MAKE REGARDING THIS REQUEST FOR A SPECIAL EXCEPTION 14AS WHETHER OR NOT AN ADULT CONGREGATE. LIVING FACILITY COULD BE CONSIDERED IN THE SAME CATEGORY AS A HOSPITAL, CONVALESCENT HOME OR NURSING HOME. AT THIS TIME, THE FLOOR WAS OPENED FOR PROPONENTS AND OPPONENTS. THERE BEING NO PROPONENTS, THE OPPONENTS WERE HEARD. PIR. LESLIE JOHNSON OBJECTED TO THE SPECIAL EXCEPTION FOR, AN ADULT CONGREGATE LIVING FACILITY BEING CONSIDERED UNDER SECTION 637.27 "6" AND FIiL'I A SPECIAL EXCEPTION SHOULD BE GRANTED ONLY TO THE USES SPELLED OUT IN THAT PARAGRAPH. HE POINTED OUT THAT THE APPLICATION MENTIONED, 15 RESIDENTS YET THERE. WERE ONLY SEVEN BEDROOMS IN THE HOUSE. HE ALSO EXPRESSED CONCERN AS TO WHO COULD CONTROL THIS TYPE OF OPERATION SINCE THE STATE IS NOT .REQUIRING CITIES TO COVER THIS IN THEIR ZONING ORDINANCES. BOARD OF ADJUSTMENT MINUTES 5 -12 -BO PAGE. 2 OF 5 u MR, CART, RHODA E}.I'RI,SSIiD CONCERN OVER THE' FACT THAT NOT ALL PROPERTY OWNERS HAD BEEN NOTIFI.ED OF THIS UPCOMING HEARING. IT WAS POINTED OUT BY I•IRS. OSTROM THAT LI ETERS WENT OUT TO PROPERTY OWNERS AS I.IST'ED IN THE BREVARD COUNTY RECORDS. HE ALSO EXPRESSED CONCERN THAT AFTER THIS BOARD APPROVED PHIS SPECIAL EXCEPTION, THE USE OF THE PROPERTY MIGHT POSSIBLY CHANGE TO A ROOMING HOUSE TYPE OF OPERATION. NRS. SHIRLEY LAYERS QUESTIONED THE AGE BRACKET WHICH WOULD 13F. ALLOWED TO LIVE IN THIS FACILITY. PETITIONER OSTROM STATED THAT IT WAS HER INTENTION TO USE THE FACILITY FOR RETIRED PEOPLE ONLY. MRS. OSTROM INFORMED THE AUDIENCE AND THE BOARD THAT THE USI, AS A CONGREGATE LIVING FACILITY NECESSITATED A STATE APPROVED LICENSE. WHICH WAS NOT TRANSFERABLE. SIZE ALSO STATED THAT THE COUNTY HEALTH INSPECTOR APPROVED THE FACILITY FOR 15 RESIDENTS. AFTER FURTHER DISCUSSION, MR. LAWS MOVED TO GRANT SPECIAL EXCEPTION 80-2 WITH THE PROVISO THAT THE SPECIAL EXCEPTION APPLY ONLY TO MRS. OSTROM AND MR. APPLEGATE AND THAT THE GRANTING BE FURTHER CONSTRAINED TO RESIDENTS OF 50 YEARS OF ACI, OR OVER. MR. LAWS SUGGESTED THAT THE CHAIRMAN STATE THAT HE REVIEWED THE WRITTEN FINDINGS AND BELIEVED THAT THE APPLICANT WAS IN KEEPING IN EACH OF THE ITEMS. AT THIS TIME, MR. WOLEVER MENTIONED THAT THE PARKING WAS REVIEWED AND THE BOARD BASED IT ON THE PARKING REQUIRED. FOR CONVALESCENT HOMES OR NURSING HOMES WHICH REQUIRED ONE PAVED. PARKING AREA FOR EVERY 4 RESIDENTS.. THE PLAN PRESENTED SHOWED A NEW PARKING AREA WITH FOUR 20 X 40 FT. SPACES AND THAT THE POUR AREAS ARE BASED ON 15 RESIDENTS LIVING IN THE FACILITY. MR. LLOYD SECONDED THE MOTION ON THE FLOOR. AT THIS TIME, MR. RICKMAN STATED THAT HE FELT THAT THE PLANNING AND ZONING BOARD SHOULD HAVE PICKED SOME AREA IN THE CITY AND DONE SOMETHING SO THAT THIS TYPE OF ACTIVITY COULD BE PLACED IN A BETTER LOCATION POSSIBLY BY. REZONING RATHER THAN HAVE THE BOARD OF ADJUSTMENT MAKE THIS TYPE OF DECISION. BOARD OF ADJUSTMEN'P MTNU'PRS 5-12-80 PAGE 3 OF 5 MR. WOLEVER EXPRESSED THE THOUGHT THAT Illi FELT THAT TIIIS TYPE OF USE SHOULD HAVE SOME TYPE OF ZONING CHANGE. AND HAVE DEFINITY•. STANDARDS AND GUIDELINES AS HE FELT THERE WOULD BE OTHER APPLICANTS DESIRING THIS ,TYPE OF USE. VOTE ON THE MOTION ON T;iE FLOOR WAS AS FOLLOWS: IN FAVOR, MR. LAWS AND MR. LLOYD, OPPOSED, MR.. GREENE,MR. RICKMAN AND MR. WOLEVER. MOTION FAILED. FURTHER DISCUSSIONd FOLLOWED AND MR. .F:OLEVIiR,SUGGESTED THAT TIIIS GO BACK TO THE PLANNING AND ZONING BOARD AND THEY SET STANDARDS AND BRING IT BEFORE THE COUNCIL FOR A CHANGE. IN THE ORDINANCE. MR. LAWS MOVED TO RECONSIDER THE VOTE AND DISCUSS IT FURTHER. HE STATED THAT HE THOUGHT THEPRESENTORDINANCE WAS FAIRLY CLEAR ABOUT SPECIAL. EXCEPTIONS ALLOWED IN R-2 AND THAT TIIIS TYPE OF FACILITY COULD BE GRANTED AS A SPECIAL EXCEPTION, HOWEVER, HE FELT THAT THE ORDINANCE WAS DEFICIENT IN NOT DEFINING SOME PARAMETERS AS FAR AS SQUARE FOOTAGE AVAILABLE IN THE HOME AND NUMBER OF RESIDENTS. MR. LLOYD SECONDED THE MOTION TO RECONSIDER. AT THIS TIME, MR. LLOYD STATED HE FELT THE INTENT OF THE ZONING ORDINANCE WAS TO GIVE THE BOARD OF ADJUSTMENT THE POWER TO ALLOW THIS SORT OF USE IN R-2, HOWEVER, HE FELT THAT THERE WAS NOT SUFFICIENT DESCRIPTION TO GIVE THE SIZE OF ROOMS FOR HOSPITALS, CONVALESCENT OR NURSING HOMES AS EXCEPTIONS IN R-2. VOTE ON THE MOTION TO RECONSIDER WAS AS FOLLOWS: IN FAVOR, MR. LAWS, MR. LLOYD, MR. RICKMAN AND MR. WOLEVER, OPPOSED, MR. GREEN£. MOTION PASSED: AT THIS TIME, MR. RICKMAN ASKED FIRS. OSTROM IF SHE WOULD BE IN FAVOR OF TIIIS APPLICATION RETURNING TO THE PLANNING AND ZONING BOARD. MRS, OSTROM INFORMED THE BOARD THAT SHE FELT THAT EVEN THOUGH HER REQUEST FLIGHT BE TURNED DOWN, THIS SUBJECT SHOULD BE ADDRESSED BY THE BOARD DUE TO THE FACT THAT SHE FELT THIS TYPE OF FACILITY WAS NEEDED. BOARD OF ADJUSTMENTS MINUTES 5-12-80 PAGE 4 OF 5 h1R. WOI.IiVER MOVED TO CONTINUE THIS MEETING IN ONE MONTH, FOUR WEEKS FROM MAY 12, WITH THE,. HOPE THAT THE PLANNING AND ZONING BOARD WOULD COME UP WITH SOME GUIDELINES. MR. LAWS SECONDED MOTION.- MOTION CARRIED UNANIMOUSLY. AT 8:54 P.1-1, THIS MEETING IJAS CONTINUED U14TIL JUNE 9, 1980. APPROVED THIS AY OF , 1980. cED G . t� 10Lii�K - i01 FU+N ' B ARD'OF,ADJUSTMENT i CCK. crcr-Q� I'A- 1' ICIA j CITY CLERK i j f i BOARD OF ADJUSTMENT MINUTES 5-12-80 PAGC 5 OF 5 FILE r C. ' k'.`.l 'CITY OFCAPE CAIIAVEI2AI. BOARD OF ADJUS'Pt•IFNT JUNE. 9, 1980 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON JUNE 9, 1980 TO CONTINUE THEIR MEETING OF MAY, 12, 1980 - THE MEETING WAS 11FLD AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 PA THE ROLL WAS CALLED BY THC CITY CLERK. BOARD MEMBERS PRESENT WERE: REENE - CHAIRMAN GEORGE ICKMAN - VICE CHAIRMAN JAMES - MEMBER JJAMESGRECNE - ME-IBER ROBERT LAWS - MEMBER RUSSELL LLOYD ABSENT: JACK tACNEELY - ALTERNATE ti6MBER, ALSO PRESENT WERE:. JOSEPH SCOTT - CITY ATTORNEY. BUILDING OFFICIAL flOIIfON PATRICIA BEAULIEU CITY CLERK, I'PEF1 1 - A�UL'T'SCONGRECAT SPECIALEXCEPTION FACILLITY ALLOW ORN2. RIU'EWOOD AVENUE. LOT REPLAC ,ONE AT TOWNSHIP 'TOWNSHIP S OFCHANUI•I.R PARK , IUINGF E CO NUE I'IiOhl h1AY MEETING} CHAIRMAN WOLEVER SUGGESTED THAT THE MINUTES OF THEFIRST' TWO MEETINGS BE APPROVED AF'T'ER THE BOARD IIAS MADE ITS FINAL. DECISION ' ON THIS CASE. CIIAI Rh1AN 190LEVCR EXPLAINED THAT.TIIE VOTE ON RECONSIDERATION AT THE LAST MEETING WAS NOT. ACCORDING '1'O ROBERTS RULES OF ORDER. ATTORNEY JOSEPH SCOTT INFORMED THE BOARD THAT HIS RESEARCH' INDICATED THAT SINCE NO .ONE 013JECTED AT TIIE TIME THE 140TION WAS MADE. THE OBJECTION WAS WAIVED AND THE MOTION TO RECONSIDER WAS MR. SCOTT'S RESEARCH WAS BASED PRIMARILY UPON PROPERLY GONE. REPRCSCN- TIIE OPINION OF THE PARLIANEIITARIAN,OF THE FLORIDA HOUSE OF TAfIVES. TIIE HEARING PROCEEDED AND MR. WOLEVER READ Till', HEADINGS OF TWO PETITIONS AS SUBMITTED '1'O THE BOARD BY MRS. JOHNSON. SUBJECT PETITIONS ARE TILED WITH THIS CASE RECORD. CHAIR!•tAN WOLEVER READ THE. EXCERPT. FRO:1 THE PLANNING AND ZONING BOARD'S MEETING OF MAY 20 RELATIVE TO THIS CASE. SOhB DISCUSSION FOLLOWED AS TO. THE INTERPRETATION OF THE HOARD'S ACTION AS STATED I14 THE I•IINUTES. ATTORNEY SCOTT STATED THAT .THE PLANNING AND ZONING BOARD'S PREVIOUS RECOMMENDATION STANDS AS THEY DID NOT MAKE A FURTHER RECOMMENDATION ONE WAY OR THE OTHER. :IR. LAWS READ PARAGRAPIL 1 OF .SECTION 645,21 OF THE ZONING ORDINANCE AND EXPLAINED THAT BE FELT THAT THE HOARD HAD THE. AUTHORITY TO GRANT THIS SPECIAL. EXCEPTION SINCE NURSING BOMES AND CONVALESCENT HONES ARE ALLOWED AS SPECIAL EXCEPTIONS. IN R-2 AND R -3 - CHAIRMAN WOLEVER POINTED OUT TILAT THE DEFINITIONS OF AN ADULT CONGREGATE LIVING HOME AND ROOMING HOUSE AS WRITTEN IN THE STATE LAW ARE TOO SIMILAR. BE POINTED OUT THAT THE REGULATIONS STATE THAT BY PROVIDING FOOD, LODGING AND ONE OTHER ITEM, A R0014ING HOUSE, COULD QUALIFY FOR AN ADULT CONGREGATE LIVING FACILITY.' BE FELT THAT THE ONE OTHER ITEM COULD BE HOUSEKEEPING. THE FLOOR WAS OPENED FOR DISCUSSION. SEVERAL OPPONENTS AND ONE PROPONENT WERE HEARD. HOARD MEMBER RICK!IAN. EXPLAINED THAT BE FELT AN ADULT CONGREGATE LIVING I°ACILITY IS NOT DEFINED CLEARLY ENOUGH AND LAPS OVER INTO THE BOARDING HOUSE ,AND ROOMING HOUSE CATEGORY AND THE HOARD WOULD BE GIVING SOMETHING THAT THEY COULD NOT RESCIND OR CONTROL. NR. GREENE EXPLAINED THAT IF THIS HAD BEEN PROPOSED IN A DIFFERENT LOCATION IT MAY HAVE BEEN BETTER.. HOWEVER, THE ELEMENTARY SCHOOL AND KINDERGARTEN. WERE 'LOO CLOSE TO THE PROPOSED FACILITY tN1ICR WOULD BE HOUSING ELDERLY PEOPLE. MR. LLOYD EXPLAINED HIS ,VIEWS BY STATING TILAT 1.111AT BE FELT BEFORE AND WHAT HE STILI. FELT WAS THAT THE ZONING ORDINANCE WAS NOT SPECIFIC 'IN THIS CASE - IT WAS HIS INTERPRETATION FROM READING THE RESTRICTIONS THAT ARE PLACED ON THIS. TYPE OF .FACILITY REQUIRING STATE OR COUNTY HEALTH DEPARTMENT APPROVAL AHD ANNUAL RENEWAL OF THEIR LICENSE THAT THEY MET THE QUASI INTENT OF,A NURSING HOME OR SOME SORT OF CONTROL FACILITY BY THE COUNTY HEALTH OFFICIALS AND THAT AS SUCH COULD PROBABLY BE LOOSLL'YINCLUDED IN THE INTERPRETATION OF THE ZONING ORDINANCE. BE HOARD OF ADJUSTMENT MINUTES OF 6-9-00 PAGE 2 OF 3 FURTHER EXPLAINED THAT BE STILL FELT THAT WITH 791E ORDINANCE AND THE WAY IT IS WRITTEN HOW AND THE CONTROLS PLACED ON IT BY THE COUNTY AND STATE THERE IS ENOUGiI TO PREVENT IT FRO!I BIiCOMING A BOARDING .HOUSE OR R00MING HOUSE. HOWEVER, IT IS NOT SPECIFICALLY CALLED OUT IN THE 'ZONING ORDINANCE AND CAN BE OPEN TO INTERPRETATION. MR. LAWS MOVED TO GRANT SPECIAL EXCEPTION 80-2 WITH THE PROVISO TIIAT THE SPECIAL EXCEPTION APPLY ONLY TO NRS. OSTROM AND MR. APPLEGATE AND THAT THE GRANTING BE FURTHER CONSTRAINED TO RESIDENTS OF '50. YEARS OF AGE OR, OVER. MR. LLOYD SECONDED MOTION. VOTE ON THE MOTION WAS AS. FOLLOWS: IN FAVOR, MR.. LAWS AND MR. LLOYD, OPPOSED, MR. GREENE, MR. RICKMAN AND MR. WOLEVER. MOTION FAILED. SPECIAL REQUEST NO. 80-2 WAS. DENIED. CHAIRMAN WOLEVER STATED ITIS. PHILOSOPHY AT THIS TIME THE ZONING LAWS ARE NOT CLEAR ENOUGH -'HE DID NOT BELIEVE THAT THE INTENT OF THE ZONING BOARD AT THAT TIM MEANT FOR ANY PROPERTY, IN AN R-2 ZONE TO BE USED FOR A ROOMING, HOUSE. BE FELT THAT THE CLOSENESS OF THE TWO, ESPECIALLY SINCE FOOD AND LODGING PLUS ONE OTHER ITEM, HOUSEKEEPING OR SOMETHING OF THAT NATURE COULD CHANGE IT FROM A BOARDING HOUSE TO A FACILITY OF THAT SORT. BE FURTHER STATED THAT THE CITY NEEDS A FACILITY IN THIS AREA AND SAID IT IS UP TO THE PLANNING AND 'ZONING BOARD AND SUGGESTED THAT WHEN THE LAWS COME FROM TALLAHASSEE THE BOARD PRESENT SOMETHING TO CITY COUNCIL AS AN ORDINANCE CHANGE..' AT 8:27 P.M. MR. ,LAWS MOVED TO ADJOURN. MR. RICK!IAN SECONDED NOTION. MEETING ADJOURNED. APPROVED TIIZS_ DAY OF 1980. C`' aslX(rl CITY CLI'RK C�I/IrCH II01AII DUAL U .OF ADJUSTbIGN BOARD OF ADJUST.'•!ENT. MINUTES OF 6-9-80 8} ;r �� f0 -- J� , City of Cape Canaveral Jfjlo,AVENUC tlr�-r* ` nrrar BOARD OF ADJUSTPIENT! cAnuwttRu JULY 7, 1980 y' 7:30 P. M. r' r AGENDA "Y CALI, TO ORDER �. ROLL CALL MINUTES OF APRIL 28, MAY 12 AND JUNE 9, 1980 ITEM 1. REQUEST N0, 80-4 - VARIANCE TO EXTEND BUILDING LOCATED ON CORNER OF AIA AND TAYLOR AVIiIRJE TO WITHIN THREE FEET OF THE PROPERTY LINE ON TAYLOR 'PETITIONER: ALEXIS BEN-KORI ITEM 2. REQUEST NO11 S' 79--9 CLARIFICA'PION OF NORTH/SOUTHEC-1 DISTRICT (THISBOUNDAREQUEST ORIGINALLYOHEARDRBYD BOARD OF ADJUSTMENT ON DECEMBER 17, 1979) ADJOURN City of Cape Canaveral BOARD OF ADJUSTMENT DECEMBER 17, 1979 7:30 P.N. AGENDA CALL TO ORDER ROLL CALL MINUTES OF OCTOBER 15, 1979 ITEM 1. ANNUAL ELECTION OF CHAIRMAN AND VICE CHAIRMAN ITEM 2. REQUEST 140. 79-8 RE: SPECIAL EXCEPTION FOR SOUTHLAND CORPORATION BY SOUTHLAND AGENT D. MOORMAN TO. CONSTRUCT A GASOLINE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE ON LOTS 1 AND PART OF 2, BLOCK 3, SECTION 14, TOWNSHIP 24, RANGE. 37, CAPE CANAVERAL BEACH GARDENS, UNIT 112. .PRESENT OWNER OF PROPERTY - CEVESCO, INC. ITEP1 3. REQUEST UEST THAT79 ARDEOFBADJUSITMENTFI14TERPRET THE LOCATION OF DISTRICT BOUNDARY LINE IMICH RUNS FROM HOLMAN ROAD SOUTH AND SEPARATES R-1 FROM C-1 DISTRICT. SUBJECT BOUNDARY LINE IS LOCATED IN SECTION 26, TOWNSHIP 24, RANGE. 37, BANANA RIVER ESTATES ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JULY y, 1980 THE BOARD OF ADJUSTI•UENT OF THE CITY OF CAPE CANAVERAL MET ON JULY y, 1980. AT CITY HALL, 105 POLE AVENUE, CAPE' CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT, 7034 P.IB. THE ROLL WAS CALLED BY THE SECRETARY. BOARD 11E14BERS PRESENT WERE: GEORGE WOLEVER — CHAIRGAN� JAMES RICI AN — VICE CHAIRGAN ROBERT LAWS — MEMBER JAMES GREENE — IZEMBER RUSSELL LLOYD - MERBER JACK McNEELY — 1ST ALTERNATE JOAN FOSDICK — SECRETARY ALSO PRESENT VIEREs JOSEPH SCOTT — ATTORNEY JAY BOLTON — BUILDING OFFICIAL ALEXIS BEN—KORI — APPLICANT/REQ. NO. 80-4 JIM THERIAC - ATTORNEY REQ. NO. 80-4 THE MINUTES OF THE JUNE 9. 1980, MEETING WERE APPROVED AS READ. MINUTES OF MAY 12 AND APRIL 28, 1980, MEETINGS WERE APPROVED AS WRITTEN. ITEM 1 . ±tE UEST N0. 80-4 — VARIANCE TO EXTEND BUILDING LOCATED 0 CORNFR OF A,A AND TAYLOR AVENUE. TO WITHIN THREE WPM nV THF PROPERTY LINE ON TAYLOR. PETITIONER, CHAIRMAN l'NOLEI�ENOTED THAT THE APPLICATION FOA VARIANCE HAD BEEN PROPERLY FILLSI�\OUT, THAT THE REQUES D BEEN LEGALLY. ADVERTISED IN THE TODAY %N-ISPPAPER ON JUNE 0, 1980, AND THAT PROPERTY OWNERS RESIDING 47ITH\$00 FEE D BEEN NOTIFIED. CHAIRMAN,VIOLEVER NOTED THAT THE B ING OFFICIAL HAD CHECKED THE DMASUREdENTS AND THAT THI EQUE PERTAINED TO A REDUCTION OF 3 FEET ON THE SIDE STRE SETBACK FROU7THEEQUIRED 2$ FEET. ALL OTHER SETBACKS WER SATISFACTORY. ATTORNEY THEE BRIEFED THE BOARD ON THE`A�DDENDUM ATTACHED TO THE' REQUEST. DISCUSSION FOLLOWED ON ITEhIS IN\THE ADDENDUM ANVD THE IMFP " OF EXTENDING THE EXISTING STRUCTURE TO WITHIN THREE FEET /OF THE PROPERTY LINE. CHAIRI,AN WOLEVER RECESSED THE MEETING AT 8002 P.M. TO ALL9.1 B@1RD MEMBERS TO VIEW EXISTING STRUCTURE. CHAIP.AN %.IOLEVER RECONVENED THE 1•1:ETING AT 8s17 P.LI. BOARD IdEIIBERS EXPRESSED Pilo AND CON VIEWS PERTAINING TO. REQUEST .FOR VARIANCE. FOLLOWING DISCUSSION, I•IR. RICHI All 1.10VED TO APPROVE THE REQUEST FOR. VARIANCE BASED ON SUBMISSION OF REVISED SITE PIAN PROHIBITING PARKING ON THE SOUTH END OF THE BUILDING AND II;CLUDING SIDEWALKS WITH LANDSCAPING AND SHRUBBERY. Cit. GREENE SECONDED 1:OTION. VOTE ON LOTION VIAS AS FOLLOWS, FOR: MESSRS. GREENE & RICHIAN; AGAINST: I.IESSRS. l'IOLEVER, LLOYD, AND LAWS. ISOTIOti FAILED. THEREFORE, REQUEST FOR VA L9jC� 1iAS--p HIED. ITEti 2. RE DEST NO 79 9 'CIARIFICATION OF NORTHSOUTH R-1 & C-1 DISTRICT BOUNDARY LINE SOUTH ON Hou -'AN ROAD THIS RE VEST ORICIT:A LLY H;:A R➢ BY BOARD OF ADJUSTbL�'NT ON DECEi•DER 1 CHAIRi•'.AN VIOLEVER PRESENTED BACKGROU11D INFORI'ATION ON THIS REQUEST AND READ LETTER FROM BRILEY, WILD & ASSOCIATES, WHICH IS FADE A PART OF THE RECORD AND ATTACHED TO THESE 14INUTES. CHAIRMN VIDLEVER ALSO READ A ^^COI.IIENDED MOTION, COPY ATTACHED TO 61INUTES. ATTORNEY SCOTT ADVISED THE BOARD AGAINST APPROVAL OF SUCH A 1-110TION. FOLLOWING FURTHER DISCUSSION OF THIS REQUEST,69R. LLOYD IdOVED TO .REQUEST THE CITY b'ANAGER PREPARE A RESPONSE TO I -IRS. YOIANDA CURTIS IN RESPONSE TO HER LETTER BRACH STARTED THE INQUIRYI AND THAT THIS ITEM BE PLACED ON THE CITY COUNCIL AGENDA. FURTHER, THAT THE ITEM BE CLOSED OUT AS NO FURTHER ACTION REQUIRED BY THE BOARD. 61R. RICKI.AN SECONDED THE NOTION. FOLLOWING ROLL CALL VOTE, BOARD JaMBERS VOTED UNANIMOUSLY IN FAVOR OF THE[MOTION. MEETING ADJOURNED AT 8342 P.14. 1 / /1. CI LIR[LAN, BOARD OF ADJUSTMENT SECRETARY, BOARD OF ADJUSTtDNT BOARD OF ADJUST,'1ENT July 7, 1'180 PAGE 2 OF 2 PAGES e � •3HnsDnHss DIIISSIX3 61,31A OS SH3QVMI OHVOH f',D2'IV 01 'i'1'd ZOIS IV DNIS33i4 3HS 03SS3OU H3AS901% NVilUIVHO 3t1IZ J[Sii3dOHd 3HS 30 5333 33HI{S IIIHSII.1,0 3H11SD(1HSS DNISSIX3 3H.1 ONION31X3 0 JVd'Il allJi ONV •uolldlausap Tu2.ol a4l 4lTb% saaaSu Liupunoq Z-0 Puu T-H awtwf* 849, 'lu4l zaP.xo uT pal08aao0 ATalsTpawmT aq duw 2uTuoz luasead a4l,lu4S '6 . '3-719-TH •011 a0uuucpa0'3O. T uOTloOS uT uoTldTaosap attl aouTdaa of pasn aq 'ao eAznS puuZ TuuOTusejo.xj 'TZogdwuo •H utter Aq pOPTAoad uoTldposap Tu2aT a71'q. 3o a5un2ual 1.01xa attl Puu POPuawwu aq 'T uoxlOoS ATTE0TST0ads -a-119-T13'ON aOuuuTpaO AITD l$4l Pus palao0os aq saluTOossV pus PTTIA',KOTTaH So uOTlupuG=OOaa, a4l hitt" 'Z •puOH uuwTOH S0 4lnos Raupunoq T-0 Puu I-H.Tu2aj Bill sa40Melsa•anbapu oN aOueuTPaO atloul 'T 1596T aunt ST POIuP 'S t9-19 QUEST NO 79-9 RE BBUILDWG OFFICIAL'S "—HE SHA BOARD OF ADJUS 'NT INTERPRET THF LOCATION OF DISTRICT BOUNDARY LINE llNICH RUNS FROId HOMS ROAD SOUTH AND SE TES R-1 FROS1 C-1 DISTRI T. SUBJECT BOUNDARY LIIJE IS LOCATED IN SECTION 2 2 T0:•lNSHI RANGE 97 BANAN RIVER ESTATES CHAIRLIAN WOLEVER BRIEFED THE BOARD ON RESEARCH HE HAD DONE ON THIS REQUEST. HE REVIEWED ORDINANCE N0. 81-64—E DATED JUNE 15, 1965, WHICH REZONED SUBJECT PARCEL OF PROPERTY AND SET THE LOCATION OF THE BOUNDARY LINE BETWEEN THE R-1 AND C-1 ZONING DISTRICTS TO BE HALF WAY BETI•1EEN THE WEST BOUNDARY LINE OF SR 401 AND SECTION LINE 26. HE FURTHER NOTED THAT A SUBSEQUENT. REPRODUCTION OF THE ZONING GAP SHOPlED THE BOUNDARY LINE TO BE 100 FT TO THE EAST AND THAN ANOTHER REPRODUCTION OF THE GAP GIOVED IT AN ADDITIONAL 12.5 FT TO THE FAST# THEREFORE, THE PRESENT ZONING GAP SHOWS THE SUBJECT BOUNDARY LINE TO BE APPROXIG+ATELY 112.5 FT OFF FROM THE PIACEGDENT OF THE LINE SET BY THE REFERENCED ORDINANCE. CHAIRGAN WOLEVER READ LETTER FROtd IdRS. YOLANDA CURTIS REQUESTING LOCATION OF BOUNDARY LINE, WHICH IS G1ADE A. PART OF THE RECORD AND ATTACHED TO THESE GIINUTES. IdR. RICIMAN STATED HE ALSO RESEARCHED THE LATTER AND WAS UNABLE TO FIND ANY RESOLUTIONS OR ORDINANCES WHICH MOVED THE BOUNDARY LINE. HE ALSO NOTED THAT THE ZONING NAP REPRODUCTIONS WERE PROVIDED TO THE CITY AT NO COST AND THE LINE EVIDENTLY PIAS INADVERTENTLY GLOVED DURING THE REPRODUCTION PROCESS AND IS IN ERROR ON THE PRESENT ZONING t,:AP. DISCUSSION FOLLO;4ED REGARDING ZONING ON THE NORTH SIDE OF HOLGIAN ROAD. THE BUILDING OFFICIAL EXPLAINED THAT ORDINANCE 17-73 ESTABLISHED THE ZONING ON THE NORTH SIDE OF HOILAN ROAD AND IS ACCURATELY DEPICaTED ON THE PRESENT ZONING GAP. ATTORNEY SCOTT ADVISED THE BOARD THAT THEY REQUEST THE CITY ENGINEER OBTAIN A GIETESAND BOUNDARIES DESCRIPTION, RESEARCH PAST ORDINANCES, AND DESCRIBE EXACTLY I'MERE THE BOUNDARY LINE SHOULD BEI AND THE BOARD SHOULD HAVE THAT RECO181ENDATION BEFORE THEN PRIOR TO THEIR DECISION ON PLACEMENT OF SUBJECT BOUNDARY LINE. BOARD OFADJUSTGBENT 12-17-79 PAGE 4 OF 5 FOLLOWING FURTHER DISCUSSION, MR. RICIQAAN MADE A MOTION TO AUTHORIZE THE CONSULTING ENGINEER OF THE CITY OF CAPE CANAVERAL TO DETERMINE BY METES AND BOUNDARIES DESCRIPTION WHERE THE BOUNDARY LINE BETWEEN THE R-1 AND C-1 DISTRICT SOUTH OF HOIVAN ROAD FROM SECTION LINE 26 TO NORTH A1A SHOULD BE. MR. LAWS SECONDED MOTION. MR. LLOYD QUESTIONED WHETHER THE BOARD SHOULD REQUEST THE CITY ENGINEER TO REVIEW THE ENTIRE OFFICIAL ZONING MAP TO FIND OUT IF ANY OTHER ERRORS EXIST. BOARD MEMBERS AGREED THAT THIS WAS A GOOD IDEA BUT DID NOT WISH TO INCLUDE IT IN THIS MOTION. VOTE ON MOTION WAS AS FOLLOYISs 'IN FAVORS MESSRS. NOLEVER, RICI1MAN, IANS, LLOYD AND GREENEI OPPOSEDs NONE. MOTION CARRIED. MR. LAWS MOVED THAT MEETING BE ADJOURNED. MR. RICXMAN SECONDED 11OTION. MOTION CARRIED. MEETING ADJOURNED AT 9,57 P.M. APPROVED THIS 1611. DAY OF s 1958. JOAN fd. FOSDICK SECRETARY — BOARD OF ADJUSTMENT /ICS,Cr� ORGE WOLEVER IR61AN — BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT 12-17-79 PAGE 5 0$ 5 i November 27, 1979 Board of Adjustments Cape Canaveral, Fl. Gentlement I recently had ,cause to have my property surveyed, at 203 Holman Road, in Cape Canaveral The property line to the east, (toward AIA), denotes the dividing line between commercial and residential property, as the Oficial Zoing Map of Cape Canaveral applies soo fthe This aame map also shows this dividing property directly south of us, (across the street). Some three months ago, construction began on a shopping complex, the footers of which, are directly on the above mentioned line. As far as I have been able to learn from anyone, there is yet to be 25 foot commercial driveway west of these footers; which would be 'directly across the street from my residential property. I am extremely perturbed, sin ceI have been unable to get af 'deinite answer as to, (1) where Is the dividing line, (2) How the builder arrived at his conclusion, in placing his construction, (3) How far from the residential property line is a commercial building to be constructed, and ,above all, why can't'Iget any straight answers? The Building and Zoning Inspector doesn't knows the City Attorney will not return my callsi the architect doesn't know who surveyed the property for himt the. County Comma- esionor claims it is not under his jurisdiction, and mean- while the construction has more than a substantial beginn- ing. Everyone I have turned to is uninformed, or deliberately evasive, and as a taxpayer, and property owner, I must insist on some answers to my many inquiries. Sincerely yours, Yolanda Curtis L j City of Cape Canaveral BOARD OF ADJUSTMENT DECEMBER 17, 1979 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF OCTOBER 15, 1979 ITEM 1. ANNUAL ELECTION OF CHAIRMAN AND VICE CHAIRMAN ITEM 2. REQUEST NO. 79-8 RE: SPECIAL EXCEPTION FOR SOUTHLAND CORPORATION BY SOUTIILAND AGENT D. IIOORMAN TO CONSTRUCT A GASOLINE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE ON LOTS 1 AND PART OF 2, BLOCK 3, SECTION 14, TOWNSHIP 24, RANGE 37, CAPE CANAVERAL BEACH GARDENS, UNIT 1,12. PRESENT OWNER OF PROPERTY - CEVESCO, INC. ITEM 3. REQUEST NO. 79-9 RE: BUILDI14G OFFICIAL'S REQUEST THAT BOARD OF ADJUSTMENT INTERPRET THE LOCATION OF DISTRICT BOUNDARY LINE WHICH RUNS FROM HOLMAN ROAD SOUTH AND SEPARATES 'R-1 FROM C-1 DISTRICT. SUBJECT BOUNDARY LINE IS LOCATED IN SECTION 26, TOWNSHIP 24, RANGE 37, BANANA RIVER ESTATES ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT DECEMBER 17, 1979 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL MET ON DECEMBER 17, 1979, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7830 PtM. THE ROLL WAS CALLED BY THE SECRETARY. BOARD MEMBERS PRESENT WEREe GEORGE WOLEVER — CHAIRMAN .JAMES RICKMAN — VICE CHAIRMAN ROBERT LAWS — MEMBER RUSSELL LLOYD — MEMBER JAMES GREENE — MEMBER JACK McNEELY ALTERNATE ALSO PRESENT VIEREe JOSEPH SCOTT — ATTORNEY JAY BOLTON - BUILDING OFFICIAL JQkN FOSDICK — SECRETARY DENNIS MOORMAN! — ATTORNEY, SOUTHLAND CORP. GEORGE H. FIRKINS, JR. — VICE PRESIDENT, CEVESCO, INC. RICHARD HALL — GASOLINE MANAGER, SOUTHIAND YOLANDA CURTIS — RESIDENT, 203 HOLMAN ROAD THE MINUTES OF OCTOBER 15, 1979, WERE APPROVED AS READ. CHAIRMAN WOLEVER ADVISED THAT BOARD MEMBER CHARLES MUHS HAD RESIGNED AND JAMES GREENE HAD BEEN APPOINTED AS A REGULAR MEMBER AND JACK McNEELY HAD BEEN APPOINTED AS AN ALTERNATE MEMBER. ITEM 1. ANNUAL ELECTION OF CHAIRMAN AND VICE CHAIRMAN' MR. LAWS NOMINATED MR. WOLEVER AS CHAIRMAN. MR. RICKMAN SECONDED MOTION. MR. LLOYD NOMINATED MR. LAWS AS CHAIRMAN. MR. LAWS DECLINED THE NOMINATION. MR. LAWS MOVED NOMINATIONS BE CLOSED. MR. LLOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. WOLEVER STATED HE WOULD ACCEPT THE CHAIR FOR ONE 14ORE YEAR. MR. LLOYD NOMINATED MR. LAWS AS VICE CHAIRMAN. MR. LAWS DECLINED THE NOMINATION. MR. 1•10LEVER NOMINATED M.R. RICKMAN AS VICE CHAIRMAN. MR. LLOYD SECONDED MOTION. MR., LAWS MOVED NOMINATIONS BE CLOSED. MOTION CARRIED UNANIMOUSLY. ITEd 2. REQUEST NO. 79-8 REs SPECIAL EXCEPTION FOR SOUTHIAND CORPORATION BY BOUTHLANI AGENT D. MI00 M+AN TO CONSTRUCT A GASOLINE SERVICE ST TION IN CONJUNCTION WITH A CONVENIENCE STORE ON LOTS I AND PART OF 2 ALOCK SECTION 14 TOWNSHIP 24, RANGE 97, CAPE CANER OF NAVERAL BEACH GARDENS UNIT #2. PRESENT O:'IPROPERTY — CEVESCO. INC. CHAIRMAN WOLEVER NOTED THAT THE APPLICATION FOR SPECIAL EXCEPTION HAD BEEN PROPERLY FILLED OUT BY DENNIS I.i00RMAN, SOUTHLAND CORP., WHO HAD POWER OF ATTORNEY TO ACT ON BEHALF OF CEVESCO. INC., PRESENT PROPERTY OWNER AND THAT THIS REQUEST HAD BEEN LEGALLY ADVERTISED AND PROPERTY OWNERS RESIDING WITHIN 500 FEET HAD BEEN NOTIFIED. CHAIRMAN WOLEVER READ STATE- MENTS AND RECOMIMMATIONS AFFIXED TO THE APPLICATION BY THE BUILDING OFFICIAL AND THE P&Z BOARD, WHICH IS MADE A PART OF THIS RECORD AND IS ATTACHED TO, THESE MiINUTES. APPLICANT FURNISHED REVISED SITE PIA14 TO BOARD IN COMiPLIANCE WITH BUILDING OFFICIAL'S RECO131ENDATION THAT CURB CUTS AND SIDE- WALKS ON SITE PLAN CONFORM TO SECTIONS 637.87(9) AND 637.81 OF THE ZONING ORDINANCE. ATTORNEY SCOTT INFORMSED CHAIRMAN WOLEVER THAT SINCE THE APPLICANT HAD COMU LIED WITH THE SETBACK REQUIRE14ENTS, IT WAS UP TO THE BOARD TO DETERMIINE IF THIS FILLING STATION WOULD IN ANY WAY ADVERSELY AFFECT THE PUBLIC. CHAIRMAN WOLEVER CITED SECTION 645.21, ITEMI E., OF THE ZONING ORDINANCE, WHICH CONFIRMIED ATTORNEY SCOTT'S STATEMENT. CHAIRMAN WOLEVER NOTED THAT THE BOARD HAD RECEIVED A PETITION SIGNED BY 63 RESIDENTS IN OPPOSITION TO THIS REQUEST. PETITION WAS READ BY SECRETARY AND IS MADE A PART OF THIS RECORD AND IS ATTACHED TO THESE MtINUTES, CHAIRMAN WOLEVER OPENED THE FLOOR TO PROPONENTS OF THIS REQUEST. MESSRS. GEORGE FIRKINS, VICE PRESIDENT, CEVESCO, INC., AND RICHARD HALL, GASOLINE MANAGER, SOUTHLAND CORPORATION, SPOKE IN FAVOR OF THIS REQUEST WHICH WAS PRIMARILY TO ALLOW GASOLINE PIMPS TO BE CONSTRUCTED IN FRONT OF PROPOSED 7-11 CONVENIENCE STORE FOR THE PURPOSE OF STORING AND SELLING SELF-SERVICE GASOLINE WHICH WOULD BE TOTALLY CONTROLLED.INSIDE THE BUILDING AS FAR AS OPERATION OF THE PUMPS AND PAYMENT OF GASOLINE. FLOOR WAS OPENED TO OPPONENTS OF THIS REQUEST. A NUMBER OF RESIDENTS VOICED THEIR OBJECTIONS WHICH INCLUDED INCREASED TRAFFIC CONGESTION, NOISE, GLARE OF LIGHTS, AND SAFETY AND CONCERN FOR SCHOOL CHILDREN AND PEDESTRIANS CROSSING STREETS AT THE INTER- SECTION, AND WALKING DOWN CAPE CANAVERAL BEACH BOULEVARD. BOARD OF ADJUSTKENT 12-17-79 PACE 2 OF 5 IN RESPONSE TO INQUIRY MADE BY 61R. LAWS, IT WAS NOTED THAT CAPE CANAVERAL BEACH BOULEVARD AND THE CENTER ISLAND BELONGED TO THE CITY. DISCUSSION BY BOARD 11,EI.BERS FOLLOWED ON SITE PLAN WHICH SHOWED A BREAK I14 THE CENTER ISLAND ON CAPE CANAVERAL BEACH BOULEVARD, LANDSCAPE NOTES AND LOCATION OF SIDEWALKS ON SITE PLAN, POSSIBLE TRAFFIC CONGESTION DUE TO LI14ES OF VEHICLES WAITING TO OBTAIN GASOLINE, SETBACK REQUIREMENTS FOR GAS PUTAP LOCATIONS, GLARE OF LIGHTS FROM INCREASED VEHICULAR TRAFFIC, AND EXISTI14G CAPE CANAVERAL BEACH GARDENS ENTRANCE SIGN. FOLLOWING DISCUSSION OF ABOVE ITEIS, MR. LAWS MADE A MOTION GRANTING SPECIAL EXCEPTION 79-8 SIGNED NOVE6BER 13, 1979, WITH THE FOLLOWING.PROVISOSI 1. ADDITIONAL NOTES ON THE APPLICATION SUPPLIED BY THE BUILDING OFFICIAL BE COMPLIED. WITH. 2. RECOIMENDATION OF P&Z BOARD SHOWN ON APPLICATION BE FOLLOWED WHOLLY- ). THAT THE ISLAND ON CAPE CANAVERAL BEACH BOULEVARD NOT BE BROKEN AS SHOWN ON THE SITE PLAN.' 4. THAT THE LANDSCAPE NOTES SHOWN ON SITE PIAN DATED DECEMBER 13, 1979, BE FOLLOWED BY THE APPLICANT. 5. A LANDSCAPE PIAN BE SUBMITTED TO THE BUILDING OFFICTAL FOR APPROVAL. MR. RLCHIGAN SECONDED MOTION. MR. GREENE M.OVED THAT MOTION BE AMENDED TO 114CLUDE CIARIFI CATION AND APPROVAL OF LOCATION OF SIDEWALKS BE MADE BY THE BUILDING OFFICIAL. MR. RICKMAN SECONDED AMENDMENT TO MOTION. MR. LAWS REQUESTED SITE PLAN BE MARKED BY SECRETARY AND INCLUDED AS A PART OF THE RECORD OF THESE MINUTES. VOTE 014 AMENDMENT TO MOTION WAS AS FOLLOWS: IN FAVOR: MESSRS. VIOLEVER, RICKMAN, IAV15, LLOYD AND GREENEI OPPOSED, NONE. VOTE ON MOTION WAS AS FOLLOWS, IN FAVOR+ MESSRS. WOLEVER, RICKI+AN, LAWS, LLOYD, AND GREENEI OPPOSED: NONE. MOTIONS CARRIED. CHAIRMAN VIOLEVER CALLED A 10-MINUTE RECESS AT 9:15 P31. CHAIRMAN WOLEVER RECONVENED MEETING AT 9325 P.M. BOARD OF ADJUSTMENT. 12-17-79 PAGE 3 OF 5 ITEM 1, RE UEST THAT BQ—OARRUFO= ABULUDITDG 1J0TFFICIAL'S INTERPRET THE LOCATION oil DISTRICT BOUNDARY LINE 41HIC}{ RUNS FY.Oid HOII.AN F.OAD SOUT1{ ANU SE ANA TES H-1 FROId C-1UISTRI T. S DJECT BOUNDARY LINE IS LOCATED IN SECTION 2 TOYHSHIP 2J RANGE BANANA RIV' ESTATES CHAIRKAIJ WOLEVER BRIEFED THE BOARD ON RESEARCH HE HAD DONE ON THIS REQUEST. HE REVIEWED ORDINANCE NO. OS -64—E DATED JUNE -15, 1965, WHICH REZONED SUBJECT PARCEL OF PROPERTY AND SET THE LOCATION OF THE BOUNDARY LINE BETWEEN THE R-1 AND C-1 ZONING DISTRICTS TO BE HALF WAY BETWEEN THE WEST BOUNDARY LINE OF SR 401 AND SECTION LI14E 26. HE FURTHER NOTED THAT A SUBSEQUENT REPRODUCTION. OF THE ZONING NAP SHOWED THE BOUNDARY LINE TO BE 100 FT TO THE FAST AND THAN ANOTHER REPRODUCTION OF THE KAP GLOVED IT AN ADDITIONAL 12.5 FT TO THE EASTI THEREFORE, THE PRESENT ZONING KAP SHOWS THE SUBJECT BOUNDARY LINE TO BE APPROXIMATELY 112.5 FT OFF FRO2 THE PLACEK,ENT OF THE LINE SET BY THE REFERENCED ORDINANCE. CHAIRtIAN WOLEVER READ LETTER FRO14 r4RS. YOIANDA CURTIS REQUESTING LOCATION OF BOUNDARY LINE, WHICH IS MADE A PART OF THE RECORD AND ATTACHED TO THESE G1INUTES. N.R. RIC10+AN STATED HE ALSO RESEARCHED THE NATTER AND WAS UNABLE TO FIND ANY RESOLUTIONS OR ORDINANCES WHICH 1d0VED THE BOUNDARY LINE. HE ALSO NOTED THAT THE ZONING 14AP REPRODUCTIONS WERE PROVIDED TO THE CITY AT NO COST AND THE LINE EVIDENTLY WAS INADVERTENTLY GLOVED DURING THE REPRODUCTION PROCESS AND IS IN ERROR ON THE PRESENT ZONING GIAP. DISCUSSION FOLLOWED REGARDING ZONING ON THE NORTH SIDE OF HOIvAN ROAD. THE BUILDING OFFICIAL EXPLAINED THAT ORDINANCE 17-73 ESTABLISHED THE ZONING ON THE NORTH SIDE OF HOU�IAN ROAD AND IS ACCURATELY DEPICTED ON THE PRESENT ZONING G1AP. ATTORNEY SCOTT ADVISED THE BOARD THAT THEY REQUEST THE CITY ENGINEER OBTAIN A LIETES AND BOUNDARIES DESCRIPTION, RESEARCH PAST ORDINANCES, AND DESCRIBE EXACTLY WHERE THE BOUNDARY LINE SHOULD BEI AND.TRE BOARD SHOULD HAVE THAT RECOI&ENDATION BEFORE THEN PRIOR TO THEIR DECISION ON PIACEb1ENT OF SUBJECT BOUNDARY LINE. BOARD OF ADJUSTGIENT 12-17-79 PAGE 4 OF 5 FOLLOVlNG. FURTHER DISCUSSION, LIR. RICF.MAN FADE A MOTION TO AUTHORIZE THE C014SULTING ENGINEER OF THE CITY OF CAPE CANAVERAL TO DETERMINE BY METES AND BOUNDARIES DESCRIPTION WHERE THE BOUNDARY LINE BET4IEEN THE R-1 AND C-1 DISTRICT SOUTH OF HOI1,^AN ROAD FRO14 SECTION LINE 26 TO NORTH AlA SHOULD BE. LAR: IAWS SECONDED MOTION. MR. LLOYD QUESTIONED WHETHER THE BOARD SHOULD REQUEST' THE CITY ENGINEER TO REVIEW THE ENTIRE OFFICIAL ZONING MAP. TO FIND OUT IF ANY OTHER ERRORS EXIST. BOARD MEMBERS AGREED THAT THIS WAS A GOOD IDEA BUT DID NOT WISH TO INCLUDE IT IN THIS MOTION. VOTE ON 1-10TION 1IAS AS FOLLOWS: IN FAVORS MESSRS. WOLEVER, RICINIAN, LAWS, LLOYD AND GREENBI OPPOSEDs NONE. MOTION CARRIED. MR. IAWS MOVED THAT MEETING BE ADJOURNED. MR. RIC131AN SECONDED MOTION. MOTION CARRIED. MEETING ADJOUR14ED AT 907 P.61. APPROVED THIS /I),? -DAY OF 19 8• pGORGE YIOLEVER �}iAIRMAN — BOARD OF ADJUSTMENT Rcd-�" . L^`r�5-r c�-wits "N�LI. FOSDICK SECRETARY — BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT 12-17-79 PAGE 5 OF 5 73 _S" November 27,1979 ` Board of Adjustments Cape Canaveral, Fl, Centlemcni Irecently had cause to have my property surveyed, at 203 Holman Road, in Cape Canaveral. The property. line tothe east, (toward AIA), denotes the dividing line between commercial and residential property, as the Official Zoing Map of Cape Canaveral clearly shows. This came map also shows this dividing line applies to the property directly south of us, (across the street). Some three months ago, construction began on a shopping complex, the footers of which, are directly on the above mentioned line. As far as I have been able to learn from. anyone, there is yet to be a 25 foot commercial driveway west of these footers, which would be directly across the street from my residential property. I am extremely perturbed, since I have been unable to get a definite answer as to, (1) Where is the dividing line, (2) How the builder arrived at his conclusion, in placing his construction, (3)How far from the residential property line is a commercial building to be constructed, and above all, why can't Igct any straight answers? The Building and Zoning Inspector doesn't knowl the City, Attorney will not return, my calls= the architect doesn't know who surveyed the property for himi the CountyCommi- ssionor claims it is not under his jurisdiction, and mean- while the construction has ,more than a substantial beginn- ing. 'Everyone I have turned to is uninformed, or deliberately evasive, and as a taxpayer, and ,property owner, I must insist on some answers to my many inquiries. Sincerely yours', Yolanda Curtis ,pq •'yy--' Cita of Gape Canaveral BOARD OF ADJUSTMENT nu, pfARCR ' 10. 1980 7:3_ 0_ P.M. AGENDA CALL TO ORDER. ROLL CALL MINUTES OF DECMIBHBR 17, 1979 ITEC! I. RFVIEFI AND APPROVAL OP OCIiAN. WOODSRF.PLAT', STAGES 0 AND 9 ADJOUPII A CITY OF CAPE CANAVERAL BOARD OF ADJUSTi,1ENT 1:ARCH 10, 1980 THE BOARD OF ADJUSTnIENT OF THE CITY OF CAPE CANAVERAL G%T Oil MARCH 10, 1980, AT CITY HALL, 105 POLI: AVENUE. CAPE: CAIIAVERAL, FLORIDA. THE I'.EETING WAS CALLED TO ORDER AT 7:35 P•Id. THE ROLL 1'IAS CALLED BY THE SECRETARY. BOARD 1-1E14BERS PRESENT WERE: GEORGE NOLEVER - CHAIRMAN JAMES RICKIAII — VICE CHAIRMAN ROBERT LAWS - TIMBER JADES GREENE — bMdBER JACK McNEELY - ALTERNATE JOAN FOSDICK - SECRETARY. ABSENT:' RUSSELL LLOYD — I'IEI'IHER ALSO PRESENT VIEREs RICHARD SCOTT — CITY ATTORNEY 1'JILLIAM R. CLIFTON — ATTORNEY, CITY OF COCOA JOSEPH SCOTT —'ATTORNEY PATRICIA BEAULIEU — CITY CLERK JAY BOLTON — BUILDING OFFICIAL TOM NASDIN — OCEAN WOODS JOAN CALVERT — COUNCIL PERSON THE LIINUTES OF THE DECE14BER 17, 1979, MEETING 1'1ERE APPROVED AS WRITTEN. ITEM 1 REVIES'1 AND APPROVAL OF OCEAN WOODS'REPLAT, STAGES I AND 9 CHAIRMAN PIOLEVER REPORTED ON PREVIOUS MEETINGS CONCERNING THE OCEAN 1'IOODS DEVELOPMENT. HE READ THE BASIC CHANGES RESULTING FROM THE REPLATTING OF STAGES B AND 9, COPY ATTACHED AS A PART OF THE RECORD OF THESE.UINUTES, TM, TOM NASDIN, AT THE REQUEST OF THE CHAIR, BRIEFED THE BOARD ON THE CHANGES PROPOSED BY OCEAN WOODS. FOR APPROVAL. 1•?R. t90LEVER NOTED THAT THE FILE DID NOT CONTAIN THE 1979 TAX RECEIPTS. LR. SCOTT STATED THEY HAD BEEN RECEIVED AND WERE SENT TO BE RECORDED BUT WEREN'T BACK YET. DISCUSSION FOLLOWED ON THE TILIE LIMIT FOR FINAL APPROVAL OF PLAN. STATEMENT CONCERNING THIS ITEM 41AS READ BY ATTORNEY CLIFTON FROM THE OLD ZONING ORDINANCE. • 2 III RZSPOiISE TO CPiALRI�AN WOLEVER'S REVIEW OF A LETTER FRO'.- ATTORIIEY SCOTT TO I•LR. CHARLES HARRIS ON THE STATE:&ENT OF . JUSTIFICATION, i,!R. SCOTT REPLIED THAT HE I'.AD RECEIVED THE TI10 DEEDS.' CR. P.ICIi.:Ali ASKED IF THE BUILDING OFFICIAL HAD ANY CObr-ENTS. LTR. BOLTON STATED THAT THE DESIGN FOR THE DRAINAGE AREA IN THE BUFFER ZONE HAD BEEN APPROVED BY THE CITY ENGINEERS AND CON— STRUCTION SHOULD START SOON. SEVERAL HARBOR HEIGHTS' PROPERTY 07RIERS STATED THAT THERE PAD BEEN 140 EFFORT TO RESTORE THE PROPERTY BEHIND THEIR HOLIES TO ITS NATURAL STATE. DISCUSSION FOLLOPIED ON FASEi-ENTS, CON— STRUCTION OF THE STORM AND SANITARY DRAINAGE SYSTEL,S WHICH STILL HAD TO GO IN THE AREAS BEHIND STAGES 3 AND 1V, FENCES IN THE BUFFER ZONE, AND THE RESTORATION OF THE BUFFER ZONE TO ITS NATURAL STATE. ATTORNEY CLIFTON GAVE All EXPLANATION OF All EASELLNT AND THE CONSEQUENCES IF A PARTICUTAR USE OF.TYE EASEC:ENT CONFLICTS WITH ITS INTENDED PURPOSE. NR. LAPIS NOTED THAT THE BOARD HAD APPROVED PLANS PREVIOUSLY'VIHERE FENCES HAD EXTRUDED INTO THE BUFFER ZONE. 11R, VIASDIN STATED OCEAN WOODS NOULD RESTORE THE BUFFER ZONE IN ACCORDANCE WITH THE WISHES OF THE BUILDING OFFICIAL. PROPERTY 071NER ASKED IF A COPY OF, THE PLAN APPROVED A YEAR AGO UAS AVAILABLE. I.R. VIASDIN REPLIED THAT THE PIAN WAS RECORDED IAST FRIDAY AND A COPY 1 -ILL BE ON FILE WITH THE CITY WITHIN THE NEXT COUPLE DAYS. TSR. LAIIS MOVED THAT THE REPLATTING AS REQUESTED BY OCEAN UOODS ON STAGES 8 AND 9 BE APPROVED, VRiEREBY IN STAGE. 8, SITES 188 AND 189 ARE PLATTED ONE FOOT INTO THE 80—FOOT BUFFER ZONE; AND IN STAGE 9. SITES 213, 214, 216, 217, 220, 221, 224, AND 225 ARE PLATTED 5 FEET INTO THE 80—FOOT BUFFER ZONE. IN ADDITION, SITES 227, 228, 229, 230, 231, AND 232 ARE PLATTED 30 FEET INTO THE 80—FOOT BUFFER ZONE. ALSO, THE FOLLO?IING BOARD OF ADJUSTUENT 3-10-80 PAGE 2 OF 3 PAGES 3 RESTRICTIONS WILL APPLY (1) UNDERSTANDING TEAT NO SURFACE PATH, 1.ACADA41 OR IAI RL, FOR BICYCLE PATH OR SIt•iIIAR PATH, BE CONSTRUCTFD IN EITHER BUFFER ZONE; (2) THAT ANY NATURAL GROWTH THAT HAS BEEN REMOVED BE RESTORED AS NEAR AS PRACTICAL TO ITS ORIGINAL CONDITION AND BE ASSURED THAT THERE WILL BE 140 (SORE REMOVAL OF ANY 14ATURAL GROWTH WITH THE EXCEPTION OF UTILITY TIE-II1S; AND (3) THAT THE TAX RECEIPTS FOR THE 1979 TERM AM THE UPDATE OF THE ARTICLES OF INCORPORATION FOR THE HObiEOlINERS' ASSOCIATION AND THE BY-MIdS BE APPLICABLE. I'.lR. RICKI 4N SECONDED THE MOTION. THERE BEING NO FURTHER DISCUSSION, MESSRS. WOLEVER, RICFMAN, GREENE, AND HcNEELY VOTED IN FAVOR OF THE MOTION. PROPERTY O:1NER ASKED FOR INTERPRETATION ON ISSUING, OF BUILDING PERMIT FOR STAGES 8 AND 9 UNTIL RESTORATION WAS COt,IPLETEO EXCEPT FOR UTILITY TIE-INS. 1,18. PIASDIN STATED HE WAS BEING PENALIZED UNJUSTLY IF HE HAD TO DO EVERYTHING BEFORE HE COULD START BUILDING. HE NOTED THAT FUNDS ARE. GENERATED BY CONSTRUCTION AND HE WAS WILLING TO RESTORE THE OPEN AREAS MERE THERE JIERE NO UTILITY TIF. -INS II MEDIATELY.' HE ADDED THAT THE CITY COULD HOLD BACK HIS CERTIFICATE OF OCCUPANCY AS A I -IM- SURE OF CONTROL UNTIL ALL THE ITEMS HAD BEEN ACCOMPLISHED. 18EETING ADJOURNED AT SOO P.M. APPROVED THIS 1.1 8 Y/" DAY OF CG/ k.r,% , 1980. r (�7 N t•1. POSDICK, SlCRETARY BOARD OF ADJUSTb1ENT PC GEORGE IIOLEVER, CHAIRCAN MRD OF ADJUSTNYNT BOARD OF ADJUSTMENT 3-10-80' PACE 3 OF 3 PAGES