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HomeMy WebLinkAboutBOA 1981 Agendas & Minutes9 City of Cape Canaveral IDJ P- AVENUE . CAPE C-AVERAL, FLORIDA 32110 TELEPHORE JDD lBJ1100 BOARD OF ADJUST14E•.NT '. DECEMBER 7, 1981 S 7:30 P.M. lk .'! -i''•' AGENDA CALL TO ORDER ROLL CALL MINUTES. OF NOVEMBER 23„1981 ITEM 1. REQUEST NO. 81-7 RE: SPECIAL EXCEPTION' REQUESTING PERMISSION TO PLACE A TEMPORARY BRANCH BANK BUILDING AT 102 WEST CENTRAL BOULEVARD. PETITIONER IS ' RUTH K. SMITH, VICE PRESIDENT OF THE AMERICAN BANCORPORATION.. ADJOURN 71 Verbatim Recording la Being Made of All Action Taken At Thla Meeting And Subject To Public InsptctiDO As Per a t� CITY OF CAPE CANAVERAL ®� BOARD OF ADJUSTMENT' DECFMBER 7, 1981 THE BOARD OF ADJUSTMENT OF. THE CITY OF CAPE CANAVERAL, FLORIDA MET ON .DECEMBER 7, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE 'MEETING WAS CALLED TO ORDER BY CHAIRMAN RUSSELL LLOYD AT 7:30PM. THE ROLL WAS CALLED BY THE CITY SECRETARY. BOARD MEMBERS PRESENT WERE: LINDA HARRIS MEMBER, FIRST ALTERNATE THOMAS JONES VICE CHAIRMAN ROBERT LAI -IS MEMBER RUSSELL LLOYD CHAIRMAN MARILYN RIGERMAN. MEMBER, SECOND ALTERNATE WILLIAM WINCHESTER 'MEMBER MEMBERS ABSENT WERE:. JACK MCNEELY ALSO PRESENT WERE: JOSEPH SCOTT: CITY ATTORNEY HARRY KELLER ACTING BUILDING OFFICIAL CHET KOWALSKI COTE ENFORCEMENT OFFICER GAIL WELLS SECRETARY RUTH K. SMITH PETITIONER MR. LAWS 1•fOVED TO APPROVE THE .MINUTES .OF NOVEMBER 23, 1981 AS WRITTEN. MR'. JONES SECONDED MOTION. PTION ITEM L. REQUESTING PERMISSIONS TOCPLACE IAL XAETEMPORARY BRANCH BANK BUILDING AT 102 14EST CENTRAL BOULEVARD. PETITIONER IS RUTH K. SMITH, VICE PRESIDENT OF THE AMERICAN BANCORPORATION. CHAIRMAN .LLOYD ASKED MR. SCOTT; CITY ATTORNEY, IF HE HAD REVIEWED THE APPLICATION. HE SAID THAT HE HAD AND THAT IT APPEARED COMPLETE.. CHAIRMAN LLOYD ASKED MS. SMITH, PETITIONER, IF SHE HAD ANY OPENING COMMENTS REGARDING THE SPECIAL EXCEPTION SHE WAS REQUESTING. .SHE STATED THAT THE 140ST IMPORTANT POINT AT THIS TIME WAS THAT IT WOULD BEA TEMPORARY SITUATION UNTIL THE RENOVATION OF THE EXISTING FACILITY WAS COMPLETE OR A NEW STRUCTURE BUILT. NINE MONTHS WAS REQUESTED TO COMPLETE THIS WORK; HOWEVER, A TARGST DATE OF FOUR MONTHS IS WHAT THEY ARE WORKING TOWARD AT THIS TIME. CHAIRMAN LLOYD POINTED OUT PARAGRAPH 639.63(B) OF THE CITY ZONING ORDINANCE REFERRING TO CONSTRUCTION TRAILERS LOCATED ON A CONSTRUCTION SITE, AND SAID THAT IT WOULD BE. UP TO THIS ACTION OF, THE BOARD TO DECIDE WHETHER OR NOT THE EXCEPTION REQUESTED WAS PF.RMISSABLE. QUESTIONS AND COMMENTS WERE SOLICITED FROM THE BOARD AT TIIIS TIME. DISCUSSION FOLL014ED REGARDING THIS REQUEST. THE PRIMARY TOPIC WAS THE SFT -BACK AND EXACTLY HOW THE REQUEST SHOULD BE CONSIDERED, SINCE THE CITU S ZONING ORDINANCE DOES NOT ADDRESS A "TEMPORARY OFFICE BUILDING". THERE WAS QUESTION AS TO 14IIETHER THIS SHOULD BE ADDRESSED AS A VARIANCE SINCE IT WAS MORE IN LINE WITH AVARIANCE THAN A SPECIAL EXCEPTION. TO GRANT A VARIANCE A HARDSHIP WOULD BE REQUIRED, AND NO HARDSHIP SEEMED APPARENT. MS. SMITH STATED THAT COMPETITOR HAD APPLIED TO F.D.I.C. FOR LOCATION AT THE PORT, AND BECAUSE OF THE DELAYS THEY WERE EXPERIENCING IN THE BUILDING OF. THEIR LOCATION ON 14EST CENTRAL, SOME RELIEF WAS REQUESTED IN THE FORM OF A TEMPORARY OFFICE BUILDING SO THAT THEY COULD OPEN IN ,DECEMBER. AT-ORNEY SCOTT. WAS ASKED IF WE WERE ADDRESSING A VARIANCE OR A SPECIAL EXCEPTION. HE ADVISED THAT SINCE IT WAS PRESENTED AS A SPECIAL EXCEPTION IT SHOULD BE CONSIDERED ONE, UNLESS THE PETITIONER WANTED TO CHANGE IT TO A VARIANCE, HE ALSO POINTED OUT T' -AT IF THE BOARD VOTED ON IT AS A VARIANCE THE DECISION WAS FINAL, WHEREAS, AS A SPECIAL EXCEPTION THEY WOULD HAVE THE POWER TO INCLUDE CONTINGENCIES IN THE REQUEST. THERE WAS FURTHER DISCUSSION ON THE TEMPORARY BUILDING ITSELF, ITS LOCATION ON THE. SITE IN THE PRESENT PLANS AS OPPOSED TO .ELSEWHERE ON THE SITE. MS. SMITH STATED THAT THE LOCATION AS SHOWN ON THE PLANS WAS .THE ONLY PLACE THE TEMPORARY BUILDING COULD BE LOCATED ON THE SITE AND STILL ALLOW. FOR CONSTRUCTION OF THE PERMANENT STRUCTURE WITHOUT HINDERING THIS CONSTRUCTION AND DAILY BANK BUSINESS. BOARD OF ADJUSTMENT 12/7/81 PACE 2 OF 4 MR..Y.ELA STATED THAT THE REQUEST a RECOMMENDED BY, • THE PLANNING AND 7.ONING BOARD WITH THE PROVISO THAT NO SIGNS BE ERECTED BETWEEN BUILDINGS. IT WAS STATED BY THE BOARD, HOWEVER, THAT A SIGN TO MOTORISTS LEAVING THE DRIVE-INS SHOULD BE POSTED TO WARN OF THE BICYCLE PATH WHICH THE DRIVE -WAY WOULD CUT ACROSS. CHAIRMAN LLOYD ASKED IF THERE WAS ANY DISCUSSION FRO14 THE FLOOR. MR. 11014ARD GOULD INTRODUCED HIMSELF AND STATED THAT AS THE PROPERTY 014NER CLOSEST TO THE DANK. SITE, HE HAD NO OBJECTIONS TO THE REQUEST AS LONG AS TRAFFIC WASN'T BLOCKED AT THAT INTERSECTION. CHAIRMAN LLOYD ASKED FOR FURTHER DISCUSSION. ATTORNEY SCOTT STATED THAT IF,THE REQUEST WAS APPROVED HE HOPED THAT THERE WOULD BE CONTINGENCIESADDED AS TO TIME. CHAIRMAN LLOYD STATED AT THIS TIME THAT THIS WAS A VERY UNUSUAL SITUATION AND THE GRANTING OF THIS REQUEST WOULD GIVE THE APPLICANT SOME ADVANTAGE OVER THEIR COMPETITOR. PETITIONER WAS ASKED IF THIS WAS A RUSE TO CHECK OUT THE LOCATION AND PULL OUT IF IT DID NOT WORK. THIS QUESTION WAS ASKED DUE TO THE NINE MONTH TIME LIMIT REQUESTED. MS. SMITH ASSURED THE BOARD THAT THE NINE MONTH TIME LIMIT WAS ARRIVED AT ALLOWING FOR THE HOLIDAYS AND ALSO ALLOWING ENOUGH. TIME TO COMPLETE THEIR WORK WITHOUT HAVING TO COME BACK BEFORE THE BOARD TO REQUEST AN EXTENSION.. MENTION WAS MADE THAT IF THE REQUEST WAS GRANTED, TO PUT IN A STIPULATION REGARDING THE 90 DAY RENEWAL OF A TEMPORARY PERMIT, IN THAT THE TEMPORARY PERMIT WAS BASICALLY SET UP .FOR CONSTRUCTION TRAILERS ON CONSTRUCTION SITES AS INDICATED IN THE ORDINANCE. IT WAS ASKED WHAT WOULD .BECOME OF THE TEMPORARY BUILDING ONCE THE PERMANENT SITE WAS COMPLETE. 145.. SMITH SAID THAT THEY WERE PLANNING ON PUTTING IN A MODULAR -TYPE UNIT THAT COULD BE USED IN OTHER LOCATIONS. BOARD OF ADJUSTMENT 12/7/81 PAGE 3 OF 4 MRS. RIG 01AN STATED THAT SHE THOUGff THE BANK WOULD BE GOOD FOR THE CITY AND GOOD FOR THAT CORNER, AND THAT SHE COULD RATIONALIZE THAT THE ORDINANCE DOES NOT SPECIFICALLY PROHIBIT A TEMPORARY.BAHK, AND THEREFORE, COULD BE ALLOWABLE. IT WAS AGAIN ASKED IF THERE WERE ANY FURTHER QUESTIONS OR COMMENTS. MR. JONES MOVED THAT THE. REQUEST FOR SPECIAL EXCEPTION BE GRANTED AS REQUESTED SUBJECT TO THE LIMITATION RECOMMENDED BY THE ZONING BOARD, THAT IT DID NOT EXCEED NINE MONTHS, AND WITH THE PROVISION THAT WARNING SIGNS FOR THE BICYCLE PATH BE POSTED. IN AN OBVIOUS PLACE.' MR. LAWS STILL FELT WE HAD A PROBLEM WITH THE SET BACK.. HE STATED THAT THE SET BACK IS THERE FOR A PURPOSE AND EVEN THOUGH HE WOULD LIKE TO SEE A BANK ON THAT SITE, HE SEES NO REASON WHY IT SHOULD BE GRANTED, EVEN FOR NINE MONTHS. HE FEELS THAT THE ORDINANCE STATES WHAT IS ALLOWED, AND TEMPORARY ENCROACHMENT IS NOT ALLOWED. THERE WAS A QUESTION ASKED ABOUT AMENDING THE ORDINANCE, 'HOWEVER, ATTORNEY SCOTT SAID IT WOULD TAKE APPROXIMATELY THREE MONTHS TO Do THAT. THERE WAS NO FURTHER DISCUSSION. AND CHAIRMAN LLOYD CALLED FOR A VOTE.. THOSE MEMBERS FOR THE REQUEST WERE: ,LINDA HARRIS, THOMAS' JONES, WILLIAM WINCHESTER AND RUSSELL LLOYD. T?:OSE MEMBERS OPPOSED WERE: ROBERT LAWS.. MOTION PASSED. REQUEST NO. 81-7 GRANTED. THERE BEING NO FURTHER BUSINESS, MR.. LAWS MOVED TO ADJOURN. MR. 14INCHESTER SECONDED THE MOTION. MEETING ADJOURNEDA38:32PM. CCtt 1982. ' APPROVED THIS .� DAY OF CF J S T YCLL• RK BOARD OF ADJUSTMENT 12/7/81 (TRANSCRIBED BY GAIL WELLS, SECRETARY) PAGE 4 OF 4 • r %J City of Cape Canaveral f' = IOSPOLKAVENUE L CAPE CANAVEKAL, ROMA 22920 P.O. BOX 326 TELEPHONE 203 723-1100 CIMF f CAE LWYM BOARD OF ADJUSTI4ENT _ NOVEMBER 23, 1981 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF OCTOBER 19, 1981 ITEM 1. REQUEST N0: 81-6 RE: A SPECIAL EXCEPTION TO ALLOW THE SALE OF BEER BEVERAGES WITH MEALS AT SUE'S SUPER SUB RESTAURANT LOCATED ON LOTS 26 AND 27 BANANA RIVER ESTATES - LA PAZ, 6235 N. ATLANTIC AVENUE. PETITIONER CAROL WARREN, TENANT ADJOURN 31 A3 FCr P,u. 205.0103. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT NOVEMBER 23, 1981 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA JJET.ON NOVE14BER 23, '1981 AT CITY HALL, .105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMANRUSSELL LLOYD AT 7:32 P.M. .THE ROLL WAS CALLED BY THE CITY CLERK. 'BOARD MEMBERS ..PRESENT WERE:, LINDA HARRIS MEMBER, IST ALTERNATE THOMAS JONES VICE CHAIRMAN ROBERT LAWS ME:WER RUSSELL LLOYD CHAIRMAN MARILYN RIGE&•JAN MEMBER, 2ND ALTERNATE WILLIAM WINCHESTER MEMBER BOARD MEMBER ABSENT: JACK NCNEELY ALSO PRESENT: JOSEPH. SCOTT CITY ATTORNEY HARRY KELLER ACTING BUILDING OFFICIAL PATRICIA BEAULIEU CITY CLERK CAROL WARREN PETITIONER HOWARD WARREN OWNER OF PROPERTY MR. LAWS MOVED TO APPROVE THE MINUTES OF OCTOBER 19 AS WRITTEN. MR. WINCHESTER SECONDED NOTION. AT THIS TIME, CHAIRMAN LLOYD EXPLAINED THAT TWO NEW ALTERNATE MEMBERS HAD, BEEN APPOINTED TO THE BOAPD-AND IN VIEW OF .THE FACT THAT THERE WERE ONLY FOUR BOARD MEMBERS PRESENT AT THIS MEETING THE FIRST ALTERNATE MEMBER WOULD BE VOTING. ,VOTE ON. THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 1.. REQUEST 110. 81-6 RE: A SPECIAL EXCEPTION TO ALLOW THE SALE OF BEER BEVERAGES WITH MEALS AT SUE'S SUPER, SUB RESTAURANT LOCATED ON LOTS 26 AND 27 BANANA RIVER ESTATES - LA PAZ, 6235 NORTH ATLANTIC AVENUE. PETITIONER - CAROL WARREN, ICUT CHAIRMAN LLOYD NOTED THAT THIS REQUEST FOR A SPECIAL EXCEPTION HAD BEEN SUBMITTED TO THE PLANNING AND ZONING BOARD ON THE 28TH OF OCTOBER. THE BOARD HAD RECOMMENDED APPROVAL. AT THIS TIME THE PETITIONER CAROL WARREN SPOKE AND EXPLAINED THAT SHE PLANNED TO SERVE .FOOD AND ICE CREAM, SOFT DRINKS AND BEER. O r THE BEER AND SODA WOULD BE SERVED IN BOTTLES AND NOT ON TAP. 11R. LLOYD NOTED PROVISIONS OF THE ZONING ORDINANCE PROVIDED THAT THE APPLICANT SHOULD PRESENT BUILDING FLOOR PLAN, SITE PLAN AND VICINITY NAP AND THESE ITEMS HAD BEEN SUBMITTED. INFORMATION PERTAINING TO THE NUMBER OF PARKING PLACES AND SEATING PLACES HAD ALSO BEEN PRESENTED. QUESTIONS AND COMME14TS WERE SOLICITED FROM THE BOARD AT. THIS TINE.. DISCUSSION FOLLOWED ON THE NUlABER OF PARKING SPACES AVAILADLE AND THE FACT THAT THE PLANS INDICATED THAT THERE WERE 20 COVERED PARKING SPACES. HOWARD WARREN EXPLAINED THAT THE COVERED PARKING SPACES WERE IN THE BACK OF THE BUILDING. A BOARD MEMBER QUESTIONED THE FLOOR DIAGRAM WHICH HAD BEEN RECEIVED WITH THEIR PACKAGE OF INFORMATION. DEPICTING 10 TABLES WITH 6 CHAIRS TO A TABLE AND WHETHER OR NOT A DIVIDER WOULD SERVE AS COUNTER OR )1SJUST A DIVIDER. 11R. WARREN INFORMED BOARD THAT IT WAS A DIVIDER OR HALF -WAY COUNTER. IN ANSWER TO THE QUESTION AS TO WHETHER OR NOT THERE WERE STOOLS OR CHAIRS THERE FOR SEATING AT THIS DIVIDER, 11ISS WARREN ANSWERED NEGATIVELY, IT WAS NOTED THAT THE ACTUAL AREA OF THE PROPOSED SHOP WAS 20 FEET WIDE AND 55 FEET LONG. CHAIRMAN LLOYD NOTED THAT THE ACTUAL DIMENSIONS WERE NOT ON THE FLOOR PLAN WHICH HAD BEEN SUBMITTED IT WAS ASCERTAINED THAT THE FRONT DOOR TO THE PROPOSED SHOP WOULD BE ON THE NORTH AND THE ACTUAL SHOP WOULD BE THE THIRD ONE .DOWN FROM HIGHWAY AIA.'. JOINT USE OF THE PARKING AREA AND TOTAL PARKING NECESSARY FOR THE RESTAURANT WERE DISCUSSED. IT WAS POINTED OUT BY MR. KELLER THAT' 'Vill' TOTAL PARKING SPACES IN THE OPEN PARKING WERE 55 AND 17 PARKING SPACES, WERE NECESSARY TO SUPPORT THE SEATING OF THE RES- TAURANT. DISCUSSION FOLLOWED ON THE PROVISION IN THE ORDINANCE AN REQUIRING SUBMISSION OFAANNUAL STATEMENT SUBSTANTIATING 50 PERCENT OR MORE OF INCOME SHALL BE FROM ON -PREMISE CONSUMPTION OF FOOD. IT WAS POINTED OUT THAT THESE STATEMENTS HAD BEEN DISCUSSED BY PLANNING AND ZONING BOARD AND CITY ATTORNEY. AT THE PRESENT TIME, NO REPORTS HAD BEEN TURNED IN TO THE CITY CLERK DUE TO THE FACT THAT PRESENT BUSINESSES IN THIS CATEGORY HAD NOT BEEN IN BUSINESS FOR ONE YEAR. . BOARD OF ADJUSTMENT !•1v.. JONES 110VED THAT THE SPECIAL EXCEPTION BE GRANTED, AS REQUESTED, CONTINGENT UPON OBTAINING THE LICENSE. MR. LANS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. REQUEST NO. 81-6 GRANTED. CHAIRMAN LLOYD EXPLAINED THAT AN ELECTION OF OFFICERS WAS RED IN NOVOF EACH YEAR. DUE TO THE RESIGNATION OF THE IUiQllIAll ELECTION OF OFFICERS HAD BEEN HELD IN OCTOBER. IT WAS CHAIRMAN, OTT THAT THE ANNUAL NOVEMBER ELECTION DE SUGGESTED BY ATTORNEY SC HELD AT THIS TIME. CHAIRMAN, LLOYD OPENED THE FLOOR FOR NOMINATIONS OF CHAIR!{AN. MR. LAWS MOVED TO NO!fINATE MR. LLOYD AS CHAIRMAN. MR. JONES SECONDED CLOSED. MR. JONES SECONDED MOTION. MR. LAWS MOVED NOMINATIONS BE MOTION. VOTE ON THE MOTION FOR MR. LLOYD AS CHAIR"fAN WAS AS FOLLOWS: IN FAVOR, MRS. HARRIS, MR. JONES, MR. LAWS AND MR. WINCHESTER. MR. LLOYD ABSTAINED FROM VOTING. MOTION CARRIED. MR'. LLOYD ELECTED AS CRAIRh1AN.MR. THE FLOOR WAS OPENED FOR NOMINATIONS OP VICE CHAIRSE LAWS NOMINATED MR. JONES AS VICE CHAIRMAN. MR. WINCHESTER SECONDED. MR. WINCHESTER MOVED TO CLOSE NOMINATIONS.MRS. RIGER17AN SECONDED. VOTE ON THE MOTION FOR MR. JONES AS VICE CHAIRMAN, ED UNANIMOUSLY. MR. JONES ELECTED AS. VICE RCHNINCHESTEA SECONDEDMOTION. MR. JONES MOVED TO ADJOURN' MEETING ADJOURNED AT B-02 � A 1981. APPROVED THIS �_ DAY OF lle��— C1 - BOARD ADJU TmENT CITY CLERK BOARD OF ADJUSTMENT 11-23-81 PAGE 3 OF 3 City of Cape Canaveral 105 POLK AVENUE • CAPECAfl AVE11AL.r1.en IDA 32120 P.O. BOX 326 TELEPHONE 205 7B0.1100 BOARD OF ADJUSTMENT OCTOBER 19, 176]. 7230 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF JULY 13, 1981 ITEM 1. ELECTION OF OFFICERS ITEM 2. REQUEST NO. 81-5 RE: A 2-1'0011 VARIANCE. TO SIDE SETBACK ON SOUTH SIDE 011 1AT 15,' BLOCK 35, PETITIONERS-SONNF., OFI PIjUpER23 TYOTHOMAS '1WNSHIA IIfEARLEYRANGE 31 ADJOURN A Verbatim Recording Is Being Mads Of All Action Taken At This Meeting And Gubject To Public inspsotluB A3 CAL E.S. 2513.4105. ... s. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JULY 13, 1981 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA MET ON JULY 13, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN WOLEVER AT 7:30 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE: GEORGE WOLEVER, -CHAIRMAN JAMES GREENE -MEMBER THOMAS JONES -MEMBER ROBERT LAWS -MEMBER RUSSELL LLOYD .-MEMBER JACK MCNEELY -ALTERNATE MEMBER ALSO PRESENT: JOSEPH SCOTT -CITY ATTORNEY HARRY KELLER -BUILDING OFFICIAL PATRICIA BEAULIEU -CITY CLERK JOSEPH KODSI -PETITIONER JOHN ALLEN -ALLEN ENGINEERING' JAMES THERIAC -ATTORNEY HIDDEN HARBOR CONDOMINIUM MR. LAWS MOVED TO DISPENSE WITH THE READING OF 7111: MINUTES OF JUNE 8, 1981. MR. JONES SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. ITEM 1. REQUEST NO. 81-4 RE: VARIANCE TO BUILD TWO 5 -STORY BUILDINGS IN AN R-2 DISTRICT, PORTION OF LOTS 1.3-20 BANANA RIVER ESTATES, COSTA DEL SOL, SECTION 27, TOWNSHIP 24, RANGE 37, PETITIONER - JOSEPH KODSI CHAIRMAN WOLEVER POINTED OUT THAT THE APPLICATION WAS MADE OUT BY MR. KODSI AS THE OWNER OF THE PROPERTY AND THE BREVARD COUNTY RECORDS INDICATED THAT THE PROPERTY WAS IN THE OWNERSHIP OF THE UNITED CASTLE DEVELOPMENT CORPORATION. ATTORNEY SCOTT INFORMED THE BOARD THAT THE PETITIONER'S ATTORNEY HAD AGREED TO FORWARD A CORPORATE RESOLUTION INDICATING THAT THE PETITIONER IS AN OFFICER AND HAS THE PERMISSION OF THE CORPORATION TO APPLY FOR THIS VARIANCE. THE BOARD'S, ACTION COULD BE CONTINGENT UPON RECEIVING THE RESOLUTION. MR, WOLEVER NOTED THAT THIS REQUEST FOR VARIANCE WAS IN AN R-2 ZONE WHICH HAS A MAXIMUM HEIGHT OF 25 FEET. THE PETITIONER WAS RE- QUESTING TWO 5 -STORY BUILDINGS WITH A MAXIMUM HEIGHT OF 45 FEET, THEREFORE, THE VARIANCE WAS FOR 20 FEET. PAGES 3 AND A OF THE APPLICATION FOR VARIANCE WERE READ ALOUD BY CHAIRMAN WOLEVER. SUBJECT PAGES EXPLAINED THAT CONDITIONS AND CIRCUMSTANCES EXISTED WHICH ARE PECULIAR TO THE LAND IN THAT BREVARD COUNTY MOSQUITO CONTROL HAD DUG A DITCH THRU THE CENTER OF THE PROPER'L'Y. WHITE MANGROVES FOLLOWED THE DITCII AND GREW ADJACENT TO IT. RECENTLY D.E.Ii. AND THE CORPS OF ENGINEERS DECIDED TO USE WHIT£ MANGROVES AS INDICATORS OF WETLANDS AND PRESERVE. THIS TYPE OF AREA.. 'PHIS RENDERED THE CENTER OF THE PROPERTY UNUSABLE AND CREATED A HARDSHIP FOIL THE OWNER. THE PETITIONER WAS REQUESTING HE BF. ALLOWED TO BUILD IN A SMALLER LAND AREA BY I14CREASINGTHE BUILDING HEIGHT. THE FLOOR WAS OPENED FOR THE APPLICANT OR ANY OTHER PERSONS Wr:,HfNG TO ADDRE'55 '1'111•: BCARD. JOHN ALLEN, ENGINEER 014 THIS PROJECT, DISPLAYED A MAP DEPICTING THE PROPOSED BUILDINGS. AT THIS TIME, HE POINTED OUT THE MOSQUITO CONTROL DITCH WHICH CA11E IN THRU THE PROPERTY ENDING WITH A POND. AS A RESULT, THE MANGROVES PREVALENT ALONG 'fill: RIVER FOLLOWED THE DITCH. THE AREA THEN BECAME POPULATED WITH tIANGROVEU. MR. ALLEN EXPLAINED THAT MR. KODSI HAD TRIED TO CLEAR SOME OF THE PROPERTY OF THE MANGROVES AND THE CORPS OF, ENGINEERS STOPPED 'fill, CLEARING. AN AGREEMENT HAD BEEN REACHED WITH THE CORPS AND U.6.R.,'tHl[Cll WOULD ALLOW A LARGER POND IF ADDITIONAL MANGROVES WERE PLANTED AROUND 'fill: POND, HOWEVER, THIS WOULD TAKE UP SEVERAL ACRES OF PROPERTY THAT HAD BEEN PLANNED FOR DEVELOPMENT. MR. ALLEN STATED THAT 'Pill: HKSTORATION OF THE MANGROVES WAS REQUIRED BY THE CORPS PRIOR TO ANY CONSTRUCTION, HE EXPLAINED THAT TWO 5 -STORY BUILD- INGS WOULD ALLOW THEM TO REPLACE THE ORIGINAL THREE 3 -STORY BUILDINGS THAT HAD BEEN PLANNED. CHAIRMAN WOLPVER QUESTIONED MR. ALLEN AS TO THE TIME THAT D.E.R. AND THE' CORPS CALLED TIIIS A WETLAND AREA. MR. ALLEN INFORMED THE BOARD THAT IT WAS APPROXIMATELY SIX MONTHS AGO IT WAS CALLED TO THEIR ATTENTION WHEN THEY HAD STARTED WORKING IN THE AREA. FURTHER QUESTIONS BY BOARD MEMBERS. COVERED. THE LENGTH OF TIM£ THAT D.E.R. HAD CONSIDERED MANGROVES AS WETLAND PLANTS. MR. ALLEN INFORMED THE. BOARD THAT IT WAS APPROXIMATELY THREE YEARS AGO. IN ANSWER TO THE QUESTION AS TO IIOW MUCH LAND WAS BEING LOST BECAUSE OF THE MANGROVES, MR. ALLEN ANSWERED APPROXIMATELY TWO AND ONE-HALF ACRES. BOARD OF ADJUSTMENT MINUTES OF 7-13-E1 PAGE 2 OF 3 THE CHAIRMAN NOTED THAT THE PROPERTY, HAD BEEN RECORDED ON __.SEPTEMBER' 11, 1978. IT WAS POINTED OUT BY THE BOARD THAT THE DENSITY COULD BE REACHED BY CONSTRUCTING THREE 3 -STORY BUILDINGS, THE FOLLOWING CITIZENS WERE IN ATTENDANCE AND SPOKE IN OPPOSITION TO THE. GRANTING OF THIS VARIANCE: D. GRANGER, B. SMITH, L. HARTLEY, L. KLINE AND ATTORNEY J. THERIAC „ REPRESENTING HIDDEN HARBOR CONDOMINIUM. MR. LAWS NOTED THAT THIS. REQUEST FOR VARIANCE CAME AS CLOSE TO BEING A HARDSHIP SITUATION AS HE HAD SEEN SINCE SITTING ON THE BOARD, HOWEVER, .THE MANGROVES WERE SUPPOSEDLY IN EXISTANCF. WELL PRIOR TO THE CORPORATION PURCHASING THE LAND. ,171E 5 -STORY BUILDING WOULD. BE A 20 -FOOT VARIANCE' AS SET OUT BY THE ZONING LAW. AND, THERE WAS NO EVIDENCE BROUGHT OUT. AT THIS. MEETING THAT THE D.E.R. OR.. CORPS REGULATIONS CAME INTO BEING AFTER THE PURCHASE OF THE PROPERTY. MR. JONES NOTED THAT THE CITY. HAD NOT., DONE ANYTHING TO MAKE THE SITUATION WORSE Volt THE OWNER, THEREFORE, THE BOARD DID NOT HAVE THE AUTHORITY TO GRANT THE VARIANCE. MR. LAWS MOVED TO DENY REQUEST N0. 81-4.MR. GREENE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 8:19 P.M. APPROVED THIS_.DAY OF 4-SI-1-��AU.T�INT BOARD C Y CLERK BOARD OF ADJUSTMENT MINUTES OF 7-13-81 PAGE 3 OF PAGES AGENDA CALL TO ORDER ROLL CALL MINUTES OF JUNE 8, 1901 ITEM 1. REQUEST NO. 81-4 RL. VARIANCE TO BUILD TWO 5 -STORY BUILDINGS IN AN R-2 DISTRICT, PORTION OF LOTS 13-20 BANANA RIVER ESTATES, COSTA DEL SOL, SECTION 27, TOWNSHIP 24, RANGE 37, PETITIONER - JOSEPH KODSI ADJOURN sV?XC A City of Cape Canaveral 105 MLK AVENUE - C— CANAVERAL, rLORIOA 32920 .4s Yr P.O. ... 316 TELEPHONE 305 783-1100 C -OF BOARD OF ADJUSTMENT JULY13, 1981 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF JUNE 8, 1901 ITEM 1. REQUEST NO. 81-4 RL. VARIANCE TO BUILD TWO 5 -STORY BUILDINGS IN AN R-2 DISTRICT, PORTION OF LOTS 13-20 BANANA RIVER ESTATES, COSTA DEL SOL, SECTION 27, TOWNSHIP 24, RANGE 37, PETITIONER - JOSEPH KODSI ADJOURN CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT JULY 13, 1981 THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA MET ON JULY 13, 1981 AT CITY HALL, 105POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN WOLEVER AT, 7:30 P.M.' THE ROLL WAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE: GEORG-CHAIRMAN JAMES GG REENS OLEVER MEMBER THOMAS JONES -MEMBER -MEMBER ROBERT LAWS -MEMBER JACK MCNEELY RUSSELL LLOYD _ALTERNATE MEMBER ' ALSO PRESENT: JOSEPH SCOTT -CITY ATTORNEY HARRY KELLER -BUILDING OFFICIAL PATRICIA HEAULZEV -CITY CLERK -PETITIONER JOSEPH KODSI -ALLEN ENGINEERING JOHN ALLEN _ATTORNEY HIDDEN HARBOR CONDOMINIUM JAMES THERIAC MR. LAWS MOVED TO DISPENSE WITH THE READING OF THE 14INUTES OF JUNE 8, 198". MR. JONES SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. ITEM I- 1. REQUEST NO. 81-4 RE: VARIANCE PORTION LOF�LOTS 13-20 BUILDINGS IN AN R-2 DISTRICTDEL SOL, SECTION 27, BANANA. RIVER ESTATESCOSTA , TOWNSHIP 24, RANGE 37, PETITIONER - JOSEPH KODSI CHAIRMAN WOLEVER POINTED OUT THAT THE APPLICATION WAS MADE OUT BY MR. KODSI AS THE OWNER OF THE PROPERTY AND THE BREVARD COUNTY RECORDS INDICATED THAT THE PROPERTY WAS IN THE OWNERSHIP OF 'THE UNITED CASTLE DEVELOPMENT CORPORATION. ATTORNEY SCOTT INFORMED .THE BOARD THAT THE PETITIONER'S ATTORNEY HAD AGREED TO FORWARD A CORPORATE RESOLUTION INDICATING THAT THE PETITIONER IS AN OFFICER AND .HAS THE PERMISSION OF THE CORPORATION TO APPLY., FOR THIS VARIANCE. THE BOARD'S ACTION COULD BE CONTINGENT UPON RECEIVING THE RESOLUTION. MR.WOLEVER NOTED THAT THIS REQUEST FOR VARIANCE WAS IN AN R-2 ZONE WHICH HAS A. MAXIMUM HEIGHT OF 25 FEET. THE PETITIONER WAS RE- QUESTING TWO 5 -STORY BUILDINGS WITH A,MAXIMUM HEIGHT OF 45 FEET, THEREFORE, THE VARIANCE WAS FOR 20 FEET. PAGES 3 AND 4 OF THE APPLICATION FOR VARIANCE WERE READ' ALOUD BY CHAIRMAN WOLEVER. SUBJECT PAGES EXPLAINED THAT CONDITIONS AND CIRCUMSTANCESEXISTED WIIICII ARE PECULIAR TO THE LAND IN THAT BREVARD COUNTY MOSQUITO CONTROL HAD DUG A.DITCH THRU THE CENTER OF THE PROPERTY. WHITE MANGROVES FOLLOWED THE DITCII AND GREW ADJACENT TO IT.. RECENTLY D.E.R. AND THE CORPS OF ENGINEERS DECIDED TO USE WHITE MANGROVES AS INDICATORS OF WETLANDS AND PRESERVE THIS TYPE OF AREA. THIS RENDERED THE CENTER OF THE PROPERTY UNUSABLE AND CREATED A HARDSHIP FOR THE OWNER. THE PETITIONER WAS REQUESTING HE BE ALLOYED TO BUILD IN A SMALLER LAND AREA BY INCREASING THE BUILDING HEIGHT. THE FLOOR WAS OPENED FOR THE APPLICANT OR ANY OTHER PERSONS WISHING TO ADDRESS THE BOARD. JOAN ALLEN,ENGINEER ON THIS PROJECT, DISPLAYED A MAP DEPICTING THE PROPOSED BUILDINGS. AT THIS TIME, HE POINTED OUT THE MOSQUITO CONTROL DITCH WHICH CAME IN THRU THE PROPERTY ENDING WITH A POND. AS A RESULT, THE MANGROVES PREVALENT ALONG THE RIVER FOLLOWED THE DITCH., THE AREA THEN BECAME POPULATED WITH MANGROVES. MR. ALLEN EXPLAINED THAT MR. KODSI HAD TRIED TO CLEAR SOME OF THE PROPERTY OF THE MANGROVES AND THE CORPS OF ENGINEERS, STOPPED THE CLEARING. AN AGREEMENT HAD BEEN REACHED WITH THE CORPS AND D.E.R. WHICH WOULD ALLOW A LARGER POND IF ADDITIONAL MANGROVES WERE PLANTED AROUND THE POND, HOWEVER, THIS WOULD TAKE UP SEVERAL ACRES OF PROPERTY THAT HAD BEEN PLANNED FOR DEVELOPMENT. MR. ALLEN STATED THAT THE RESTORATION OF THE MANGROVES WAS REQUIRED BY THE CORPS PRIOR TO ANY CONSTRUCTION. HE EXPLAINED THAT TWO 5 -STORY BUILD- INGS WOULD ALLOW THEM TO REPLACE THE ORIGINAL THREE 3 -STORY BUILDINGS THAT HAD BEEN PLANNED. CHAIRMAN WOLEVER QUESTIONED MR. ALLEN AS TO THE TIME THAT D.E.R. AND THE CORPS CALLED THIS A WETLAND AREA. MR. ALLEN INFORMED THE BOARD THAT IT WAS APPROXIMATELY SIX MONTHS AGO IT WAS CALLED TO THEIR ATTENTION WHEN THEY HAD STARTED WORKING IN THE AREA. FURTHER QUESTIONS BY HOARD 14EMBERS COVERED THE LENGTH OF TIME THAT D.S.R. HAD CONSIDERED MANGROVES AS WETLAND PLANTS. MR. ALLEN INFORMED THE BOARD THAT. IT WAS APPROXIMATELY THREE YEARS AGO. IN ANSWER TO THE QUESTION AS TO 11011 MUCH LAND WAS BEING LOST BECAUSE OF THE MANGROVES, MR. ALLEN ANSWERED APPROXIMATELY TWO AND ONE-HALF ACRES. BOARD OF ADJUSTMENT MINUTES OF 7-13-81 PAGE 2 OF 3 THE CHAIRMAN NOTED THAT THE PROPERTY HAD BEEN RECORDED ON SEPTEMBER 11, 1978. IT WAS POINTED OUT BY, THE BOARD THAT THE DENSITY COULD BE REACHED BY CONSTRUCTING THREE 3 -STORY BUILDINGS. THE FOLLOWING CITIZENS WERE IN ATTENDANCE AND SPOKE IN OPPOSITION TO THE GRANTING OF THIS VARIANCE: D. GRANGER, B. SMITH, L. HARTLEY, L. KLINE AND ATTORNEY J. THERIAC, REPRESENTING HIDDEN HARBOR CONDOMINIUM. MR. LAWS NOTED THAT THIS REQUEST FOR VARIANCE CAME AS CLOSE TO BEING A HARDSHIP SITUATION. AS HE HAD SEEN SINCE SITTING ON THE BOARD, HOWEVER, THE MANGROVES WERE SUPPOSEDLY IN EXISTANCE WELL PRIOR TO THE CORPORATION PURCHASING THE LAND. THE 5 -STORY BUILDING WOULD DE A 20 -FOOT VARIANCE AS SET OUT BY THE ZONING LAW. AND THERE WAS NO EVIDENCE BROUGHT OUT AT THIS MEETING THAT THE D.E.R. OR CORPS REGULATIONS CAME INTO BEING AFTER THE PURCHASE OF THE PROPERTY. MR. JONES NOTED THAT THE CITY HAD NOT DONE ANYTHING TO MAKE THE SITUATION WORSE FOR THE OWNER,, THEREFORE, THE BOARD DID NOT HAVE THE AUTHORITY TO GRANT THE VARIANCE. MR. LAWS MOVED TO DENY REQUEST NO. 81-4. MR. GREENE SECONDED MOTION.. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 8:19 P.M. APPROVED THIS DAY OF �4'JC/�1Y�-�- r 1981. �DI CfIAIRAUIN HOARD C CI Y CLERK BOARD OF ADJUSTMENT MINUTES OF 7-13-81 PAGE 3 OF PAGES City of Cape Canaveral L. 105 POCK IVENUE . -11 .-E. 1-- 32920 ITT.,tut WUYt0.1l� B RD OF ADJUSTMENT OA JUNE 8, 1981 i^' 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF MARCH 16, 1981 ITEM 1. REQUEST RE! CONSIDERATION OF A REQUEST FOR A VARIANCE TO ALLOW A BLOCK WALL IN SIDE YARD TO EXCEED 6 -FOOT HEIGHT LIMIT. THE VARIANCE REQUEST PERTAINS TO LOTS 12, 3.3, 14 AND 15, BLOCK 511 AVON -BY -THE -SEA, SECTION 23, TOWNSHIP 2.4, RANGE 37, PETITIONER IS DOROTHY SIBSON. ADJOURN CITY OF CAPE CANAVE '!T -"•"'•f'% BOARD OF ADJUSTMENIA JUNE 8, 1981 THE BOARD OF. ADJUSTMENT OF THE CITY OF CAPE. CANAVERAL, FLORIDA MET ON JUNE 8, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, PLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN WOLEVER AT 7:30 P.I.I. THE ROLL WAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE: GEORGE WOLEVER -CHAIRMAN JAMES GREENE -MEMBER THOMAS JONES -MEMBER ROBERT LAWS -MEMBER RUSSELL LLOYD MEMBER JACK MCNEELY -ALTERNATE MEMBER ALSO, PRESENT: JOSEPH SCOTT -CITY ATTORNEY HARRY KELLER -BUILDING OFFICIAL PATRICIA BEAULIEU -CITY CLERK MR. LAWS MOVED TO SUSPEND THE READING OF THE MINUTES OF THE MARCH, 18 MEETING. MR. GREENE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. REQUEST #81-3 RE: CONSIDERATION OF A REQUEST FOR A VA(iIANCE TO ALLOW A BLOCK WALL IN SIDE YARD TO EXCEED -FOOT IIEIG"T LIMIT. TIIE VARIANCE REQUEST PERTAINS TO LOTS AND BLOCK 5 AVON -BY -THP -SEA, SECTION , TOWNSHIP RANGE ,. PETITIONER - DOROTHY • SIBSON CHAIRMAN WOLEVER REVIEWED THE CASE EXPLAINING THAT THIS REQUEST FOR VARIANCE PERTAINED TO. LOTS 12, 13, 14 AND 15 AND THELOTS WERE OWNED BY FOUR DIFFERENT PARTIES. DOROTHY SIDSON HAD, BEEN AUTHORIZED TO ACT FOR THE FOUR OWNERS IN APPLYING FOR THIS VARIANCE. MR. WOLEVER ALSO NOTED THAT THE .VARIANCE WAS FOR CONSTkUCTING A WALL WHICH WOULD BE AN EXTENSION OF THE FRONT OF THE BUILDING CONNECTING ALL FOUR OF THE BUILDINGS. HE FURTHER STATED THAT THE WALL WAS ON THE SAME TANGENT AS THE FRONT OF THE BUILDING AND ACCORDING TO THE CITY'S ZONING REGULATIONS IT COULD BE CONSIDERED AS A SIDE YARD BECAUSE IT DID NOT EXTEND PAST THE FRONT OF THE BUILDING. THE ZONING REGULATIONS PERMIT'A 6 -FOOT WALL IN A SIDE YARD,HOWEVER; THE PETITIONER WAS REQUESTING PERMISSION TO BUILD A 9 FOOT, 6 -INCH WALL, THEREFORE, THE VARIANCE WAS FOR 3, FEET, G INCHES. IT WAS NOTED BY CHAIRMAN 4:0LEVER THAT THE REQUEST FOR VARIANCE. HAD .BEEN PROPERLY ADVERTISED IN THE TODAY NEWSPAPER. IT WAS POINTED OUT BY THE CHAIRMAN THAT 111 ORDER FOR TRF. ,BOARD. TO GRANT A VARIANCE IT WAS NECESSARY FOR THE APPLICANT TO PROVE A HARDSHIP. MR. WOLEVER REQUESTED THAT THE CITY CLERK. READ ALOUD THE ANSWERS To THE QUESTIONNAIRE l911ICH, WAS SUBMITTED BY MRS. SIBSON DEMONSTRATING THE HARDSHIP.. (PAGE 3 5 4 OF APPLICATION) BOARD MEMBERS DISCUSSED THE ANSWERS NOTING THAT THE OWNERS MENTIONED SECURITY REASONS AS THE REASON FOR CONSTRUCTING THE WALL, YET THE WALL. WAS ONLY GOING TO BE'9 FEET G INCHES IN. FRONT OF THE BUILDINGS. MR. WOLEVF•.R POINTED OUT THAT THE PLANNING AND ZONING BOARD RECOMMENDED DISAPPROVAL OF THE REQUEST FOR, VARIANCE AT THEIR MAY 13 MEETING. IT WAS BROUGHT OUT BY MR. JONES THAT THE ZONING BOARD DID NOT FEEI. THAT THE APPLICANT HAD A REASON FOR REQUESTING THE VARIANCE. THE' CHAIRMAN NOTED THAT THERE WAS NO HARDSHIP. IT WAS ALSO POINTED OUT THAT THE APPLICANT HAD STATED THAT THE FORMER BUILDING OFFICIAL HAD APPROVED THE PLANS. IT WAS POINTED OUT BY BUILDING OFFICIAL KELLER THAT FORMER BUILDING OFFICIAL BOLTON HAD INFORMED HIM THAT HE HAD NOT APPROVED ANY PLANS FOR TRIS CONSTRUCTION. BUILDING OFFICIAL KELLER PRESENTED ITIS COPY OF THE APPROVED PLANS NOTING THAT, HE HAD CORRECTED THE WALL HEIGHT. THERE WERE NO OPPONENTS NOR PROPONENTS IN THE AUDIENCE REGARDING THE REQUEST FOR VARIANCE. MR. LLOYD MOVED THAT THE. REQUEST, BE DENIED. MR. LAWS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. VARIANCE REQUEST 481-3 DENIED. MR. LLOYD MOVED TO ADJOURN. MR. LAWS SECONDED MOTION. MEETING ADJOURNED AT 7:50 P.M. APPROVED THIS DAY OF 1 ��''�1__r 1981 J 06A GE 14p CR D OF ADJUSTMENT CITY CLERK \J' BOARD OF ADJUSTMENT CITY OF CAPE CANAVE7 L BOARD OF ADJUSTMECI 14ARCII 16, 1981 THE BOARD OP ADJUSTMENT OF TUE CITY OF CAPE CANAVERAL, FLORIDA MET ON MARCH '16, 1981 AT CITY HALL, 105 POLK AVENUE, CPE. CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMANWOLEVER AT 7:30 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. BOARD MEMBERS PRESENT WERE: GEORGE WOLEVER - CHAIRMAN JAMES GREENE - MEMBER THOMAS JONES - MEMBER ROBERT LAWS - MEMBER RUSSELL LLOYD - MEMBER JACK MCNEELY - ALTERNATE MEMBER' ALSO PRESENT: JOSEPH SCOTT - CITY ATTORNEY' HARRY KELLER BUILDING OFFICIAL VINCENT JAMES - PETITIONER REQUEST #81-1 JAMES MORGAN -.PETITIONER REQUEST 0..61-2. PATRICIA J. BEAULIEU -, CITY 'CLERK THE MINUTES OF THE MEETING OF MARCH 9, 1981 WERE READ BY THE CITY CLERK. MR. JONES MOVED TO APPROVE TUE MINUTES. MR. WOLEVER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ELECTION OF OFFICERS (POSTPONED AT MARCH 9 MEETING) MR. WOLEVER OPENED THE FLOOR FOR NOMINATIONS OF CHAIRMAN. MR. JONES NOMINATED MR. WOLEVER FOR CHAIRMAN. MR. GREENE SECONDED. MR'. LAWS MOVED NOMINATIONS BE CLOSED. MIR. JONES SECONDED MOTION. 'VOTE ON THE MOTION, CLOSING. NOMINATIONS AND VOTE ON THE NOMINATION OP MR. WOLEVER AS CHAIRMAN CARRIED UNANIMOUSLY. MR. WOLEVER OPRNCD THE FLOOR FOR, NOMINATIONS OF VICE CHAIRMAN. MR. LAWS NOMINATED MR. LLOYD. AS VICE CHAINN4\N. MR. JONES SECONDED. MR. LAI -is MOVED NOMINATIONS 13E CLOSED. MR. JONES SECONDED. VOTE ON THE CLOSING OF NOMINATIONS AND, VOTE ON. THE NOMINATION OF MR. LLOYD AS VICE CHAIRMAN CARRIED UNANIMOUSLY. ITEM 2. REQUEST NO. 81-1 SPECIAL EXCEPTION FOR BiiF.R AND 1JINF. SALES ON AND OPF PREMISES AT VINCIY'S,DELI- CATGSSEN, 0 BUCIIANAN AVENUE, P�•:TITIONER VINCENT A. JAMES POSTPONED AT NARCII 9 MIEETING MR. WOLEVER READ A LETTER REGARDING THIS REQUEST FROM MR. KELLER 1-11IICII WAS DATED FEBRUARY 6,. 1981- SUBJECT LETTER IS m MADE A PART or THE RECORD OF THIS REARING. CHAIRMAN WOLEVER REVIEWED TUE APPLICATION NOTING THAT MR. JAMES' ORIGINAI. BEVERAGE DEPARTMENT LICENSE APPLICATION WAS SIGNED 13Y THE FORMER BUILDING OFFICIAL, ALSO NOTING, THAT THE SAME BUILDING OFFICIAL DID NOT REQUIRE THAT MR. JAMES OBTAIN A SPECIAL EXCEPTION TO OPERATE A BUSINESS SELLING BEER AND WINE. MR. WOLEVER READ A LETTER REGARDING INGRESS AND EGRESS SIGNED BY THE OWNER OF .TILE PROPERTY AND A NEIGHBORING OWNER MR. KAMMARUDE. SUBJECT LETTER PROVIDED MINIMUM PARKING FACILITIES FOR MR. JAMES' BUSINESS. MR. WOLEVER NOTED THAT TUE SPECIAL EXCEPTION HAD BEEN PROPERLY ADVERTISED AND NOTICE TO .PROPERTY 014NERS WITHIN 500 FEET HAD BEEN SENT AND THAT THE PLANNING AND ZONING BOARD HAD APPROVED TUE SPECIAL EXCEPTION WITH A RECOMMENDATION REGARDING PARKING. A LETTER OPPOSING THE GRANTING OF THIS SPECIAL EXCEPTION FROM MR. AND MRS. KALMBACH WAS READ. THERE WERE NO OPPONENTS OR PROPONENTS IN ATTENDANCE. PETITIONER JAMES SPOKE TO THE BOARD INFORMING THEM THAT ME BAD BEEN OPERATING FOR OVER TWO YEARS. WITH CITY APPROVAL AND NOTED THAT. HIS BUSINESS WAS MAINLY A GROCERY TYPE STORE AND RESTAURANT AND THAT IT CLOSED AT 9:00 P -1 -1 - ATTORNEY SCOTT INFORMED THE BOARD THAT TUE PROBLEM WITH ON PREMISE SALES WAS DUE TO THE FACT THAT THE PRIOR BUILDING OFFICIAL. APPROVED IT WITHOUT'A SPECIAL EXCEPTION AND SUGGESTED THAT THE BOARD DEAL WITH ON PREMISE SALES FIRST THEN WITH OFF PREMISE SALES. MR. LAWS QUESTIONED BUILDING OFFICIAL, KELLER AS TO 1111ETIIER OR NOT THE APPLICANT COMPLIED WITH THE REQUIREMENTS IN THE ZONING ORD- INANCE REGARDING THE SITE PLAN "IAP, LAYOUT OF BUSINESS AND PARKING. MR. KELLER'S .REPLY WAS IN THE AFFIRMATIVE. MR. LAWS POINTED OUT TO THE BOARD TIIAT THE APPLICANT COMPLIED WITH THE ON PREMISE SALES .UNDER SECTION 640.01 B 3 a,b,c,d, AND c AND THE BOARD COULD GRANT HIM ON PREMISE SALES UNDER THAT AND FOR PACKAGE RETAIL, SALES THE APPLICANT COMPLIED WI.H ALL THE REQUIRE - RENTS AS SET OUT IN. SECTION, 641.01 A-3, A-1 ,COMPLIED, A-4 PARKING COMPLIIiD, A-5 SITE PLAN COMPLIED, "C" COULD BE CANCELLED BY THE BOARD, "E" WAS NOT APPLICABLE AND B 3 0 COMPLIED. BOARD OF ADJUSTMENT MINUTES OF 3-16-81 PAGE 2OF.4 • MR. LAWS MOVED TO GRANT THE REQUES'r FOR SPECIAL EXCEPTION FOR ON PREMISE CONSUMPTION SALES BASED ON 641,.01 B 3 AND PACKAGE RETAIL SALES BASED ON 641.,01 A 3. MR. JONES SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. SPECIAL EXCEPTION GRANTED. NEW BUSINESS ITEM 1. REQUEST NO. 81-2 SPECIAL EXCEPTION TO ALLOW AN ESTABI.ISIIMENT DISPENSING ALCOHOLIC BEVERAGES AT 0625 AS'fRONeIUT BOULEVARD, COF1F1ON LY KNOIJN AS REAL EIGHT hIUSEUM, LOCAILU ON A PORTION OF PARCEi. SEC'PION 'rOWNS11Ip , RANCE PE770.1, TITIONER JAMES E. MORGAN AT TIIIS TIME, MR. LAWS REQUESTED THAT ALTERNATE MEMBER MCNEELY 'FAKE ITIS PLACE ON THE BOARD DUE TO HIS FRIENDSHIP WITH APPLICANT JAMES MORGAN.. MR. LAWS STEPPED DOWN AND MR. MCNEELY ASSUMED HIS SEAT. MR. WOLEVER NOTED THE PLOT PLAN, PARKING PLAN AND BUILDING PLAN WNICII PERTAINED TO TIIIS REQUEST. MR., MORGAN SPOKI7 TO THE BOARD INFORMING. THEM THAT THE MAIN ITEMS FOR SALE WOULD BB LIQUOR, BEER, WINE AND FOOD OVER THE COUNTERMAND TO GO AND POSSIBLY A WESTERN, CLOTHING STORE WITHIN. MR. MORGAN'S ESTABLISHMENT WOULD HAVE A COMPLETE LIQUOR LICENSE. 111] INFORMED THE BOARD THAT NAME COUNTRY AND WESTERN SINGERS AND NAME BANDS WOULD BE APPEARING AT TIIIS PROPOSED PLACE OF BUSINESS. HE ALSO POINTED OUT THE PARCEL OF LAND HE HAD AN OPTION ON FOR ADDITIONAL PARKING IF THE BOARD REQUIRED IT. FIR. WOLEVER ,NOTED THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED APPROVAL. IT WAS NOTED THAT NO CORRESPONDENCE. HAD BERN RECEIVED 013JECTING '1'O THIS REQUEST. FIR. BLISSARD, REPRESENTATIVE OF DR. CARL FICINTYRE, OBJECTED TO TBE CLOSE PROXIMITY. OF THIS PROPOSED BUSINESS TO THEIR BIBLE CON— FERENCE GROUNDS. HE ALSO OBJECTED TO THE FACT THAT .ANOTHER ESTABLISHMENT (CAMELOT INN) SELLING BEER AND WINE WAS WITHIN 1,000 FT. OF THE ESTAB— LISHMENT COVERED UNDER 'TIIIS REQUEST FOR SPECIAL EXCEPTION. FIR. WOLEVER POINTED OUT THAT IN THE PAST REQUEST REGARDING THE CAMELOT INN THE BOARD DID NOT CONSIDER 'DR. MCINTYRE'S ESTABLISHMENT AS A CIBIRCH. IT WAS .ALSO POINTED OUT THAT THE CAMELOT INN HAD A BEER AND WINE WITII FOOD LICENSE AND MR. MORGAN'S ESTABLISHMENT 11OULD NOT BE LICENSED AS SACH. ., MR. BLISSARD POINTED OUT THAT THEIR MAIN AUDITORIUM IS RIGHT ACROSS THE PARKING LOT FROM MR. MORGAN'S PROPOSED PLACE 01' BUSINESS.. BOARD OF ADJUSTMENT FITNUTES OF 3-1.6-81 PAGE 3 Oil 4 ATTORNEY SCOTT POINTED OUT TO MR. BLISSARD THAT THE 300 FEET REQUIREMENT UNDER 641.01 A 1 WAS MEASURED BY TIIE .SHORTEST ROUTE OF ORDINARY PEDESTRIAN TRAVEL. MR. YELLER INFORMED THE BOARD THAT. HE RAD MEASURED TRIS DISTANCE AND. IT WAS OVER 300 ,FEET. MR. JONES MOVED THAT THE SPECIAL EXCEPTION MET ALL THE CRITERIA AND THAT THE BOARD GRANT THE REQUEST. MR'. WOLEVER SECONDED MOTION. MR.BLISSARD REQUESTED THAT HE BE ON RECORD AS STATING BE DID NOT BELIEVE TIIE SPECIAL EXCEPTION MET ALL THE REQUIREMENTS IN THE ORDINANCE. .VOTE ON THE MOTION ON THE FLOOR WAS. UNANIMOUS. SPECIAL EXCEPTION GRANTED. MR'. LLOYD MOVED TO ADJOURN. MR. JONES SECONDED MOTION. MEETING ADJOURNED AT 8:34 P.m., APPROVED THIS 8th .DAY SOF'. JUNE 1981. 47.'Al OF BOARD OF ADJUSTMENT CITY CLERK BOARD OF ADJUSTMENT MINUTES OF 3-16-81 PAGE 4 or 4 d`a r City of Cape Canaveral IDS POLH AVENUE • CAPE CANAVERAL. FLORIDA 32920 P.O. BOX 326 TELEPHONE 306 3611100 BOARD OF. ADJUSTMENT MARCII 16, 1981 7:30 P.M. AGENDA CALL TO ORDER ROLL. CALL MINUTES OF MARCH 9, 1981 MEETING UNFINISHED BUSINESS ITEM 1. ELECTION OF OFFICERS (POSTPONED AT 3-9 MEETING) ITEM 2. (_REQUEST kel- SPECIAL EXCEPTION FOR BEER AND WINE SALES ON AND OFF PREMISES AT VINNY'S DELICATESSEN, 105 BUCHANAN AVENUE, PETITIONER VINCENT A JAMES (POSTPONED AT 3-9 MEETING) NEW BUSINESS ITEM 1. REQUEST #81-2 SPECIAL EXCEPTION TO ALLOW AN ESTA13LTSIIMENT DISPENSING ALCOHOLIC BEVERAGE" AT 8625 ASTRONAUT BOULEVARD, COMMONLY KNOWN AS REAL EIGHT MUSEUM, LOCATED ON A PORTION OF PARCEL 770.1, SECTION 15, TOWNSHIP 24, RANGE 37. PETITIONER IS JAMES r. MORGAN ADJOURN City of. Cape Canaverai 105 POLK AVENUE V CAVE CANAVERAL, fLOR10A 32920 wrl P.O. BOK 526 TELEPHONE 505 265.1100 BOARD OF ADJUSTMENT MARCH 9, 1981 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MINUTES OF, AUGUST 26, 1980. ITEM 1. ELECTION -OFF OFFICERS ITEM 2. REQUEST #81 -IN RE: SPECIAL EXCEPTION FOR BEER C SALES ON AND OFF PREMISES AT VINNY'S DELICATESSEN, 105 BUCHANAN AVENUZ, PETITIONER VINCENT A. JAMES N O T I C E ITEM 1 AND ITEM 2 ABOVE HAVE BEEN POSTPONED UNTIL THE BOARD OF ADJUSTMENT MEETING OF MONDAY, MARCH, 16. City of Cape Canaveral 103 POL%AVENUE • CAVE EANAVEAAL. PLOMIDA 3292D P.O. DO% 226 YCLEPMONE 30S 293-1100 BOARD OF ADJUSTMENT MARCH 16, 1981 7:30 P.M. AGENDA, CALL TO ORDER ROLL CALL MINUTES OF MARCH 9,,1981 MEETING UNFINISHED BUSINESS ITEM 1. ELECTION OF OFFICERS (POSTPONED AT 3-9 MEETING) ITEM 2. CREQUEST £81- SPECIAL EXCEPTION FOR BEER AND WINE SALES ON AND OFF PREMISES AT VINNY'S DELICATESSEN, 105 BUCUANAN AVENUE, PETITIONER VINCENT A JAMES (POSTPONED AT 3-9 MEETING) NEW BUSINESS ITEM 1., REQUEST.BBI SPECIAL EXCEPTION TO ALLOW AN ESTABLISHMENT DISPENSING ALCOHOLIC BEVERAGES AT. 8625 ASTRONAUT BOULEVARD, COMMONLY KNOWN AS REAL EIGHT MUSEUM,LOCATED ON A PORTION OF PARCEL 770.1, SECTION 15, TOWNSHIP 24, RANGE 37. PETITIONER IS JAMES E. MORGAN ADJOURN ® CITY OF CAPE CANAVE* 1 130AIlD OF ADJUSTMENT MARCH 9, 1901 THE BOARD OF ADJUSTMENT OF THE CI'T'Y OF CAPE. CANAVERAL. MET C:: MARCH 9, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN WOLEVER AT 7:39 P.M. THE ROLL WAS CALLED BY THE ACTING CITY CLERK. BOARD MEMBERS PRESENT WERE: GEORGE WOLEVER - CHAT RMAN TIIOT•fAS JONES -MEMBER JAMES GREENE - MEMBER JACK MCNEELY - AL'1TiRNATI'. MEMBER MEMBERS ABSENT: ROBERT LAWS. RUSSELL LLOYD ALSO PRESENT: JOSEPH SCOTT - CITY ATTORNEY HARRY KELLER - BUILDING OFPICIAL VINCENT JAMES - P1:'1'I1111 ONRIt THE MINU'T'ES Or THE MEETING OF' AUGUST 26, 1980 WERE APPROVED AS READ. ITEM 1. ELECTION OF OFFICERS MR. WOLEVER MOVED TO POSTPONE THE ELECTION OF' OFFICRRS UNTIL A FIVE MEMBER BOARD WAS PRESENT. MR. JONES SIl.CONIJED MOTI0N. 1401-ION CARRIED UNANIMOUSLY. ITEM 2. REQUEST F81-1 SPECIAL F.XCEP'1'ION FOR 1111.111t AND NINE SALES ON AND OI•'F PREMISES AT NINNY'S nI•:];1CATESSEN, ]05._�UCIIANAN AVENUE, PETITIONER VINCENT A. JAME., MR. WOLEVER. EXPLAINED TO PETITIONER. JAMES THAT NORMALLY 'HIRE IS A FIVE MEMBER BOARD AND IT WOULD. TAKE FOUR VOTES OUT OF THE FIVE TO APPROVE A REQUEST, HOI-IEVER, WITH A POUR MEMBER HOARD IT WOULD TAKE A;L FOUR MEMBERS VOTING UNANIMOUSLY TO APPROVE A REQUEST. MR. WOLEVE'R FURTHER EXPLAINED THAT MR. JAMES COULD HAVE HIS REQUEST HEARD. AT T'IIIS. TIME WITH THE FOUR MEMBER BOARD OR POSTPONE ITIS HEARING UNTIL MARCH 16. MR. JAMES REQUESTED THAT THE HEARING DE POSTPONED UNTIL MARCH 16. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:42 P.M. APPROVED THIS 16th DAY OF MARCH _ , 1961• CT(RAN DOA O OF Al7J U5'I'Mbr•1P-- ACTING CITY