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HomeMy WebLinkAboutBOA 1982 Minutes & AgendasCity of Cape Canaveral 105 POLK AVENUE . CAPE CANAVERAL. tLORI.A I—. TELEPHONE 305 700•11 - BOARD OF ADJUSTMENT wctwnut AUGUST 2, 1982 7:30 P.M. AGENDA CALL To ORDER ROLL CALL MINUTES OF DECEMBER 7, 1981 MEETING NEW BUSINESS ITEM I- REQUEST NO. 82-1 R: ADMINISTRATIVE APPEAL OF THE BUILDING OFFICEIAL'S I OPINION REGARDING CON— STRUCTION ON LOTS 6 & 1, BLOCK 5, SUBDIVISION 51 (CAPE CANAVERAL BEACH GARDENS, UNIT 2), SECTION 14, TOWNSHIP 24, RANGE 37. OWNER OF PROPERTY IS CHARLES PINDZIAK. PETITIONER IS MICHAEL MARCHETTI, 296 CANAVERAL BEACH BOULEVARD, CAPE CANAVERAL. ADJOURN A Verbatim Recording Is Going Made Of All Action Taken At This Meeting And Subject To Public Inspaction As Per F.S. 285.0105. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT AUGUST 2, 1902' THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA, MET ON AUGUST 2, 1982 AT CITY HALL,105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.' THE MEETING WAS CALLED TO ORDER BY CHAIRMAN RUSSELL LLOYD AT 7:30 P.M. THE ROLL WAS CALLED BY THE SECRETARY.BOARD MEMBERS PRESENT WERE: THOMAS JONES VICE CHAIRMAN ROBERT LAWS MEMBER. RUSSELL LLOYD CHAIRMAN MARILYN RIGERMAN MEMBER, FIRST ALTERNATE WILLIAM WINCHESTER MEMBER MEMBERS ABSENT WERE: JACK MC NEELY MEMBER BARBARA ROSE MEMBER, SECOND ALTERNATE ALSO PRESENT WERE: LAMAR RUSSELL CHAIRMAN, P 6 Z BOARD JOSEPH SCOTT CITY ATTORNEY., J. E. HINES BUILDING OFFICIAL MICHAEL MARCHETTI PETITIONER ES MICHAEL M2WAY PETITIONER'S ATTORNEY JAM CHARLES PINDZIAK 'OWNER OF PROPERTY. WALTER ROSE OWNER'S ATTORNEY MR'. WINCHESTER MADE A MOTION TO ACCEPT THE MINUTES AS WRITTEN. MS. RIGERSLAN SECONDED MOTION. MOTION CARRIED UNAMINOUSLY. ITEM 1.' REQUEST NO. 82-1 RE: ADMINISTRATIVE APPEAL OF THE BUILDING OFFICIAL'S OPINION. REGARDING CONSTRUCTION ON LOTS 6 6'7, BLOCK 5, SUBDIVISION 51 (CAPE CANAVERAL BEACH GARDENS), UNIT 2, SECTION 14, TOWNSHIP 24, .RANGE 37. OWNER OF PROPERTY IS CHARLES PINDZIAK. PETITIONER IS MICHAEL MARCHETTI, 296 CANAVERAL BEACH BOULEVARD, CAPE CANAVERAL. CFAIRMAN LLOYD POINTED OUT THAT THE FILING DATE ON THE ADMINIS- TRATIVE APPEAL IS ONE MONTH IN ERROR; IT WAS IN FACT FILED ON JULY 9TH. THE APPEAL IS AS FOLLOWS: THE CITY FAILED TO COMPLY WITH SECTION 645.05, APPLICATION FOR BUILDING PERMIT, OF THE CITY. ORDINANCES, REGARDING CONSTRUCTION ON THE LOTS DESCRIBED HEREIN. THE CITY FAILED TO COMPLY WITH SECTION 637.31, AREA AND DIMENSION REGULATION 112, REGARDING CONSTRUCTION ON LOTS DESCRIBED HEREIN. MR. MURRAY, ATTORNEY FOR THE PETITIONER, PRESENTED THE FOLLOWING PROCEDURAL MATTER: THE CITY ORDINANCE STATES ANY REVERSAL OF THE BUILDING OFFICIAL REQUIRES FOUR VOTES OF THE FIVE MEMBERS PRESENT. BOARD OF ADJUSTMENT AUGUST 2, 1982 PAGE 1 OF 5. :y FLORIDA STATUTE. #•163.230 STATES THE CONCURRING VOTE OF A MAJORITY OF ALL MEMBERS OF THE BOARD SHALL BE NECESSARY TO REVERSE ANY ORDER; NOT AN ABSOLUTE MAJORITY. MR. MURRAY THEREFORE REQUESTED THAT THE BOARD COMPLY WITH THE, FLORIDA STATUTE. MR; LLOYD DEFERRED THE QUESTION TO CITY ATTORNEY SCOTT WHO SAID HE WAS CONTENT TO STAY WITH THE FOUR MEMBER VOTE.. MR. MURRAY STATED THAT MR. HINES STIPULATED HE DID NOT COMPLY WITH SECTION 645.05 OF THE ORDINANCE. 'MR. HINES CONCURRED. I•JR. MURRAY THEN STATED HE WOULD ADDRESS THE FOLLOWING PORTIONS OF THE ZONING ORDINANCE: 1. DEFINITIONS IN SECTION 631.01 (PAGE 7). 2. SETBACK DEFINITIONS ON PAGE 10. 3. SPECIFICALLY, AREA 6 DIMENISION REGULATIONS FOR R2, SECTION 637.31 (PAGES 21 6 22). MR. MURRAY STATED THAT TO COMBINE THE LOTSIN, QUESTION, THEY MUST (1) BE REVERTED BACK TO ACREAGE, (2) THE PLOT PLAN ABANDONED, OR (3) JOINTLY OWNED OR TITLE BE COMBINED INONE PERSON. HE THEN PRESENTED A LETTER FROM THE BREVARD COUNTY PROPERTY APPRAISER'S OFFICE. AND CERTIFIED COPIES OF TITLE TO LOT 6 SHOWING CHARLES PINZAKOF PHILADELPHIA PENNSYLVANIA AS OWNER AND A CERTIFIED COPY OF TITLE TO LOT 7 SHOWING CHARLES W. PINDZIAK OF COCOA BEACH, FLORIDA AS OWNER. THIS LETTER AND CERTIFIED COPIES ARE ATTACHED TO THESE MINUTES AND MADE A PART THEREOF. MR. ROSE, ATTORNEY FOR DR. CHARLES W. PINDZIAK, STATED THAT THESE P - ICULAR DEEDS DO NOT MEAN THAT THERE CANNOT BE A DEED BE- TWEEN C=. PINDZIAK AND HIS FATTIER, THAT IS NOT RECORDED. MR. MURRAY POINTED OUT THE SETBACKS AS STATED IN SECTION 637.31 AND STATED IT WOULD T'AVE TO BE DETERMINED IF THE LOTS IN QUESTION WERE IN FACT CORNER LOTS OR INTERIOR LOTS. MR. MURRAY FURTHER STATED THAT THE BUILDING PERMIT APPLICATION HAS BEEN ISSUED ONLY FOR LOT 7 TO DR. CHARLES W. PINDZIAK. THIS PERMIT IS ATTACHED HERETO AND MADE A PART HEREOF. AT THIS TIME THE SITE PLAN WAS REVIEWED BY THE BOARD OF ADJUST- MENT MEMBERS. MR. HINES MADE HIS PRESENTATION TO THE BOARD. PURSUANT TO. SECTION 631.01 OF THE ZONING ORDINANCE, DEFINITION OF LOT (C), "A BOARD OF ADJUSTMENT AUGUST 2, 1782 PAGE 2 OF S. CODB32NATION OF COMPLETE LOTS �OF RECORD, OR COMPLETE LOTS OF RECORD AND PORTIONS OF LOTS OF RECORD" IT IS NOT THE CITY'S POLICY TO HAVE SOI•IRONE I•IAKING APPLICATION FOR A BUILDING PERMIT TO PROVE THAT THE LOTS ARE UNDER HIS CONTROL. DR. PINDZIAK' INDICATED THE LOTS WERE UNDER ITIS CONTROL AND MR. HINES INDICATED HE PROCEEDED O:I THE FACT THAT THEY ARE ONE LOT. MR. HINES POINTED OUT SECTION 639.51 FHIICH STATES AN ACCESSORY STRUCTURE MAY. BE BUILT WITHIN, FIVE FEET OF A LOT LINE AND THAT THE GARAGE IS IN FACT EIGHT FEET FROM THE PROPERTY LINE. MR. HINES THEN EXPLAINED TO THE BOARD 11019 HE ASCERTAINED WHICH LOT LINE WAS TO BE THE FRONT, POINTING OUT THAT FRONTAGE AND FRONT LOT LINES ARE TWO DIFFERENT THINGS, AND. FROM THAT HOW HE DETERMINED THE REAR AND SIDE LOT LINES. HE REFERRED.TO SECTION 645.31, THAT STATES THE BUILDING OFFICIAL IS TO INTERPRET. ZONING REGULATIONS, SUB- JECT TO APPEAL TO THE BOARD OF ADJUSTMENT, AND THE LOT IN QUESTION IS ODD SHAPED AND OBVIOUSLY THE BUILDING OFFICIAL HAD TO MAKE AN INTERPRETATION. HARRY KELLER, FORMER BUIDLING OFFICIAL FOR THE CITY OF CAPE CANAVERAL, WAS ASKED BY MR. HINES IF HE HAD EVER INTERPRETED THIS IN ANY OTHER FASHION OR KNOWS, OF IT BEING INTERPRETED IN ANY OTHER FASHION. MR. KELLER REPLIED THAT HE HAD NOT. DISCUSSION FOLLOWED ON WHOSE JOB IT WAS TO DETERMINE THE OWNERS OF THE LOTS. MR. ROSE ASSURED THE BOARD THAT DR. PINDZIAK IS THE OWNER OF BOTH LOTS. MR. ROSE FURTHER STATED THAT DR. PINDZIAK HAD INVESTED A SUBSTA<."_IAL AMOUNT OF MONEY NOT ONLY FOR THE PERMIT BUT, FOR THE CONSTRUC4ION THAT IS ALREADY PLACED ON THE PROPERTY. FHi. ROSE ASKED Ain. HINES TO COMMENT ON THE STIPULATION THAT THE CITY DID NOT COMPLY WITH SECTION 645.05. MR. HINES STATED THAT THE PLANS WERE NOT SUB- MITTED TO THE PLANNING AND ZONING BOARD THROUGH AN ERROR AND OVERSIGHT ON }IIS PART AND THAT SINCE THAT TIME THE CHAIRMAN OF THE P 6 Z BOARD, LAMAR RUSSELL, HAD LOOKED AT THE PLANS., HE FURTHER STATED THAT HE DID NOT ASK MR. RUSSELL TO SIGN OFF ON THE PRINTS BECAUSE AT THAT TIME HE WAS AWARE OF THE PENDING APPEAL AND DID NOT WANT TO BE ACCUSED OF TRYING TO COVER SOMETIIING UP BY HAVING THE P & Z CHAIRMAN APPROVE OF IT AFTER THE FACT. BOARD OF ADJUSTMENT AUGUST 2, 1982 PAGE 3 OF 5. IJR. MURRAY WAS ASKED BY CHAIRMAN LLOYD IF THIS WAS THE ONLY ERROR CITED IN SECTION 645.05. MR. MURRAY SAID IT WAS HIS UNDERSTAND- ING THE ,PLANS DID HOT GO TO THE ,CITY ENGINEERS. 1.111. MINES STATED THE NORMAL PROCEDURE IS NOT TO SUBMIT A PLAN OF THIS SIMPLICITY TO BRILEY, WILD AND ASSOCIATES, THE CITY'S CONSULTING ENGINEERS.. DISCUSSION WAS OPENED TO THE FLOOR AND HRS. NORMA TOWNSEND READ A LETTER FROM NR. & MRS. KETTNER WHICH IS ATTACHED HERETO AND 14ADE A PART OF THESE MINUTES. LAFIAR RUSSELL, CIIAIRI•IAN OF THE PLANNING AND ZONING BOARD, STATED HE WANTED TO CLARIFY A SMALL POINT FOR COUNSELOR ROSE. IIE STATED IIE LOOKED AT THE PLANS IN QUESTION AS CHAIRMAN OF THE P & Z BOARD BUT THEY HAVE NOT BEEN REVIEWED BY THE FULL BOARD. MR. LAWS ASKED MR. RUSSELL IF, IN HIS REVIEW OF THE PLANS, HE SAW ANTHING HE. OBJECTED TO AS FAR AS THE ORDINANCE IS CONCERNED. MR. RUSSELL STATED THAT IT IS AN ODD SH_iPED LOT AND THAT THE ORDINANCE DOES NOT FULLY COVER THE SITUATION AND THEREFORE AN INTERPRETATION HAD TO BE MADE BY THE BUILDING OFFICIAL.. HE FURTHER STATED IT WAS HISOPINION' THAT MR- HINES STUDIED THE PRECEDENTS AND MADE A REASONABLE INTERPRETATION. CHAIRMAN. LLOYD READ A LETTER FROM MR. & MRS. WOODEND WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. GE03ua FIRKINS, REPRESENTING CEVESCO, SPOKE IN FAVOR OF THE STRUCTURES BEING BUILT. MR. NINES STATED THAT THE PLANS WERE SUBMITTED TO THE CITY BE- FORE HE -=aME BUILDING OFFICIAL AND THAT THERE WAS A. THREE-PAGE RE- VIEW, I"=UDING A SITE PLAN REVIEW, ATTACHED TO THE PLANS. HE THEREFORE ASSUMED ::AT THE PLANS HAD BEEN TO THE P & T. BOARD FOR APPROVAL. MR. KELLER STATED HE WROTE THE SAID SITE PLAN REVIEW AND PLANS CHECK. MR. ROSE REQUESTED THE THREE-PAGE REVIEW BE INCLUDED AS PART OF THE RECORD. IT IS THEREFORE ATTACHED HERETO AND MADE A PART HEREOF. AT THIS POINT, MR. LLOYD STATED THERE ,WERE THREE QUESTIONS THE BOARD NEEDED TO ADDRESS: 1,. PROCEDURE FOLLOWED IN REVIEW AND APPROVAL OF PERMIT. 2. DECIDING IF IT IS ONE OR TWO LOTS. 3. DEFINITION OF SETBACKS. HOARD OF ADJUSTMENT AUGUST 2, 1902 PAGE 4 OF S. MR. LAWS REQUESTED THAT A CONSENUS BE OBTAINED FROM THE BOARD ON ITEM 1 AND 2. THE CONSENUS OF THE BOARD WAS THAT: I. THE PERMIT LACKED ONE POINT OF PROCESSING AND THAT WAS PROCESSING TO THE P 6 7. BOARD; THAT THE PLANS WERE PASSED TO THE CHAIRMAN OF THE P 6 2 BOARD AFTER THE FACT. THEREFORE, THAT PORTION OF THE PROCESS COULD BE INTERPRETED TO DE COMPLETED TO SOME EXTENT, BUT NOT ENTIRELY. 2. IT IS NOT CUSTOMARY PRACTICE OF TIIE CITY TO HAVE THE BUILDING OFFICIAL DO A LEGAL SEARCH OF THE DEEDS OF RECORD .PRIOR TO ISSUING A BUILDING PERMIT; IF AN APPLICANT CERTIFIES' TO THE BUILDING OFFICIAL THAT HE IS THE OWNER OF THE PROPERTY, IT IS CUSTOMARILY ACCEPTED. DISCUSSIONCONTINUED ON INTERPRETATION OF THE DESCRIPTION OF THE LOT AND ESTABLISHING WHAT THE SETBACKS SHOULD BE. MR. LAWS MADE A'MOTION THAT REQUEST NO. 82-1,, AN ADMINISTRATIVE APPEAL OF THE, BUILDING OFFICIAL, BE DENIED. MR. JONES SECONDED. MOTION PASSED UNANIMOUSLY. - MR. MURRAY REQUESTED A WRITTEN DECISION OF THE BOARD'S ACTION AND WAS INFORMED By MR. LLOYD THE MINUTES WOULD BE AVAILABLE FOR RE- VIEW BY THE BOARD MEMBERS BY WEDNESDAY, AUGUST 4TH AND THAT THEY ARE PUBLIC RECORD. THERE BEING NO FURTHER BUSINESS, DIS. RIGERMAN MADE A MOTION FOR ADJOURNMENT. MR. WINCHESTER SECONDED. MEETING ADJOURNED AT 9:50 P.M. AP?ROVED THISd� -- . DAY OF �. 1982. CI IRDIAN, DOARD OF ADJUSTMENTS SE RCTARY ° �P`nP_YNn°f ® OFFICE OF TIlE "- �""• ' ° BREVARDCOUNTY PROPERTY APPRAISER Telephone J oee PO.Orawar �0 Brevard CCYM/C—tho... (305)269-6511 CLARK MAXWELL APPRAISER Til USAIIe, Florida .32780 August 2, 1982 To Whom It may Concern: RE: 14-24-37-51-5-6 14-24-37-51-5-7 Cape Canaveral Beach Gardens .Unit No. 2, Plat Book 17, Page 81 'lots 6 and 7, Block 5. According to the latest taxroll of 1981 and the frost current of the records of this office, the ownership of the referenced lots are as follows: lot 6 Charles W. Pinriziak 6099 N Atlantic Ave Cape Canaveral,. FL 32920 Lot 7 Charles Pinzak 4346 Pearce St: Philadelphia, PA 19124 if additional information is needed fran this office, the undersigned maybe contacted. PROPERTY APPRAISER'S OFFICE BY ai,G F B. 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OL RAG (Q SEC ATTACHED SHEET) V ' T. vnon• ~ 1 1 onnw M.R.• aaarw 1 .. � zlo ' - �., q 1 T 2 c•n.c V WWM AtlpnN vnon• �•�� .•-.�G4 ,. �i Vl 3 I--5 ✓r ••/ - i.V M•EIM po%ru• Pnon•' Llcenw H%. CC. - �•� el - 4 I 4 -�_ w`. Pnone uunw NQ cc Plml. tot av WIIIM pO%1••• � � - � + .:: U L •I.e 5 'F �?� Pntln• uunH no. cc T M•cA. Conu ..'.I? M•Illn•Aaorw• ula or eulLolnD..,l 'i .1- � iii e •CNu of wok ��'MEW ❑ADDITION-LEIALTERATION ❑flEPgIR ❑MOVE ❑REMOVE" u. B ip tcriW vro kr.vLL � r -'- ' 4 NOTE REQUIRED INSPECTIONS MUST DE ARRANGED ,r TEL 783.1100 ALLOW 4 HOURS RESPONSE TIME 10 `• VElueuon of wok / ' Rj •� Tvp of O P v oN1Ya +j SPECIAL CONDITIONS.. CPmI O -- l: _ ..t`..• WPI BIA 5 II Oc~LN•a T` SHOWN IT NII SR Ft MINIMUM PARKING REQUIRED Flre Spl W�% SETBACKS: F :.•.; FI ITSLS H — t �! [+:. R•pul OT l7 Np. AppllullYn AraWtq ft,HV.•CI'•cM•CW t Pw aF I n UV FFSiflE •PARKING PACES v: U-*. 'd t n n.a 1 pr•rea '. • ` r Nrcelrey N 0 T I C E SpcUI ApprmKr Neoulr.A N t Au1rW' PER ITSARE... UIRLD PON ELECTRICAL. PLU YINO HCATIXO iONIN6 VENTILATINOOR AIR CDN. ITIOXIX0. HEALTH OEPi. THIS PERMIT OECDMLS HULL AND VOID IP WONK OR CONSTPUL' TION AUIHONI2L0.1}NOi COMMIMCLD WITHIX 6 MOXTM; OA" FINC DEPT. 1 IF CONSTRULT%. ONWONK IS SUSAlMOCO ON AYAXDONEO FON SOIL gEVUAT . A PERIOD OF I VEA*AT ANV TIMLAPTEN WONN IS COMMENGCO. T.E. ISPw11Y) (SEL ONOIXANCC }Fll �-•• � _ "��'��� 1 NCRESV CERTIPV'THAT 1 NAll READ PMO E%AMINE. THIS AVPLICATIOH AND KNOW THE SA"I TO EE TRUE No CONNECT. . pEflMITSS FEES CODES ALL YROVI]IONS OP`LAWS ANFLI.. -T.CES GOVERNING THIS SPulnnn Sl•no•la• TVPE OV wGNK WILL UL COMVLIEO WITH WHETHEN SPCLIPI.- HEREIN ON NOT. THA ORA. TING OP A VENMIT ODES NOT PRE• Oulloln• Isle- W... JV NHltln•1 Electric• • . •;-r. SUMC TO GLV! AUTHOPITY TO VI.U1T[ ON CANCEL THE PRO•- Elwlrlc VISIONS OP ANV OTHKA STATE ON LOCAL LAW NEOULATI No. Sputn•rn S..EH.. CONSTRUCTION 51N TNC PRRFORMANL[-O��/N%�G CTION. Numtllnp - J.• Soulnwn SUnP.rJ•" .: U . - M.cn•nlul - - ]Ip:ulu.oiGonlr•cl wNOntW PMnI'-.1..'.+1 t) �1Olnw r �•J• - •t.. (TOTAL i'I y'1 .nl enlllon a.m•nU •1•. ATf1CIrInTr •N BOARD .WHEN PROPERLY VALIDATED LIN THISSPACEI THIS IS YOUR PERMIT'' I'ln"'tFi75 OF AU.IUS'A'8%1T ID BECOMES A PERMIT TO START WORK Th AuGusr zr 19Bz .5.�.;:,:. _<:; _ a...,.�. 5.., _;�-• 9._.•� �•�.=.— 1 . .T^l 1 "'^'ni...•'-` - r-�.? 11 = BUILDING OFFICIAL BILE 4PY July 26, 1982 Board of Adjustment City of Cape Canaveral Pegarding construction on Charles Pindalak property. Lots 6 and 7, Block 5, Not knowing the nature of the proposed construction, we can only voice our objection to any variance or type of construction other. than single -family dwellings on these lots, Ho-eover, it. is our desire that the integrity of the subdivision plan be maintained, as to lot size a:td type of construction. Sincerely q lr1�e4Qr.��a./ 7. H. and L. B. Hoodend \ 296 E. Central Blvd. Cape Canaveral. Florida 32920 (Dt, 8, Crossville, 'Th, 38555) A1TACM19= M DOW OF AWUSIIdFPTf MNiffM AUGUST 2, 1982 FILE i