The URL can be used to link to this page

Home My WebLink AboutBOA 1983 Agendas & Minutes® r i 11 1 City of Cape Canaveral .'. 105 POLK AVENUE • CAPE ,p^L, PLORIOP ]39]0 .0. BOX 326 T TELEPHONE 001 1EY1100 !-Gtt Of !- we wuneu BOARD OF ADJUSTMENT APRIL 25, 7:30 P.M. a AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES OF MARCH 21, 1983 NEW BUSINESS ITEM 1. REQUEST NO. 83-2 RE: ADMINISTRATIVE REVIEW RE QUESTED BY THE PLANNING E. ZONING BOARD RE: 'S INTERPRETATION OF A PORTION BUILDING OFFICIAL Ol OF THE RONING EFERENCE PROPOSEDIS RSITE PLAN ABit ON A.L.B. CONSTRUCTION CORPORATION FOR AN OFFICE CONDO BUILDING ON THE CORNER OF AIA AND COLUMBIA DRIVE ADJOURN A Verbatim RoccMln3hIs D,`In` rtJ11'20 01 All Action Tc ''ublect To PuLI I Iactian Fs Pat F.S. 280.0105. CITY OF CAPE CANAVERAL' BOARD OF ADJUSTMENT APRIL 25, 1983 THE BOARD OF ADJUSTMENT OF. THE CITY OF CAPE CANAVERAL, FLORIDA, DIET ON APRIL 25, 1983 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 SECRETARY. BOARD MEMBERS. PRESENT. WERE: MR. RUSSELL LLOYD CHAIRMAN MR. THOMAS JONES VICE CHAIRMAN. MR. ROBERT LAWS MS. MARILYN RIGERMAN MR. WILLIAM WINCHESTER ALSO PRESENT WERE:. 'JOSEPH SCOTT CITY ATTORNEY WAYNE RUTHERFORD MAYOR 'JIM HINES BUILDING OFFICIAL KATHY, PFIRMAN. SECRETARY MR. WINCHESTER MOVED THAT THE. MINUTES OF MARCH 21, 1983 BE APPROVED AS WRITTEN. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CHAIRMAN LLOYD ANNOUNCED THAT MR. 'JACK McNEELY TENDERED HIS RESIGNATIONS DUE TO ILL. HEALTH,,. EFFECTIVE IMMEDIATELY. NEW BUSINESS ITEM 1. REQUEST NO: 83-2 RE: ADMINISTRATIVE REVIEW REQUESTED BY THE PLANNING AND ZONING BOARD. RE: BUILDING OFFICIAL'S' INTERPRETATION OF A PORTION OF THE 'ZONING REGULATIONS REGARDING SETBACKS ON A A IN REFERENCE TO A PROPOSED SITE PLAN BY A.L.B. CONSTRUCTION CORPORATION FOR AN OFFICE CONDO .BUILDING ON THE CORNER OF AlA AND COLUMBIA DRIVE CHAIRMAN LLOYD GAVE THE BOARD BRIEF 'BACKGROUND ON THIS ITEM. DUE TO THE AMBIGUITY OF THE ORDINANCE CONCERNING SETBACKS., ON AlA,., THE. BUILDING OFFICIAL AND THE PLANNING AND ZONING BOARD DISAGREED ON THE ACCEPTABILITY OF THE'SITE PLAN SUBMITTED BY. A.L.B. CONSTRUCTION. BUILDING OFFICIAL HINES'THEN PROCEEDED TO EXPLAIN HIS RATIONALE FOR DETERMINING THAT. THE SITE PLAN WAS ACCEPTABLE. ACCORDING TO THE ORDINANCE, A 75 FOOT SETBACK REQUIREMENT WOULD NOT APPLY TO THAT PORTION. THEREFORE, RE FELT THE SITE PLAN WAS ACCEPTABLE. BOARD OF ADJUSTMENT APRIL 25, .1983 PAGE. 1 OF '2 HIS PLANNING AND, ZPNG BOARD CHAIR•fAN LA14AR:SELL HVOICED THAT SINCE E FELT OBJECTIONS TO THIS INTERPRETATION; OF. THE ORDINANCE- THE PROPERTY ABUTTED AIA, THE 75 FOOT SETBACK RULE WOULD APPLY.. ALSO, HE FELT THAT NOT REQUIRING THE 75 FOOT SETBACK WOULD VIOLATE THE INTENT. OF THE ORDINANCE. ` R. NINES, MR. JONES MOVED THAT AFTER A REBUTTAL BY IS OFFICIAL'S INTERPRETATION BE OVERTURNED. MS. RIGERAAN SECONDED MOTION. MOTION PASSED.. UNANIMOUSLY. THERE BEING No FURTHER HUSINESS, tdR..LAWS MOVED TO ADJOURN THE MEETING. MR. WINCHESTER SECONDED MOTION., DAY OF �MOTION 198 3ONAN. APPROVED THIS —� CR IR•SAN SECRETARY BOARD. OF ADJUSTMENT ,APRIL 25, PAGE -2 OF 2 City of Cape Canaveral 109 POLIS AVENUE • CAPE 31 CANAVERAL. PLOAIOA 07970 TELEPHONE 001 713•1100 BOARD OF ADJUSTMENT ;MARCH 21, 1983 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES OF AUGUST 2, 1982 NEW B_ ITEM 1. ELECTION OF OFFICERS T FOR 14CE To LOW ITE, 2. SET— CONSTRUCTION OFSUBDIVISION, REQUEST BIA BUI DQINGSWITHINVTHEAREQUIREDLSET— BACK ON LOT A, TUTEN'S AST,THENORTH OOONE TOWNSHIP 24, RANGE 37 EAST, EAST OF SR 401, SIXTY—FIVE (165) FEET OF LOT A, SUBDIVISIONtID ACCORDING lO PPLAT AGE F SPUBLIC RECORDS OF LN BREVARD PLAT 1100K IONER IS OWNER OF THE PROPERTY COUNTY, FLORIDA. PETIT RAYMOND A. 'JAMIESON ADJOURN A Ycrbatlm Ractlid�n9 is Doing Mado OI p11 Action Taken At this 1 �oolin, And Subjact TO Pub!" Ina, ection As Pcr F.S. 255.0105. CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MARCH 21, 1983 A MEETING OF THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON MARCH 21, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.. E THE MEETING WAS CALLED TO ORDER BY CHAIRMAN RUSSELL LLOYD AT 7:30PM. THE ROLL WAS. CALLED BY THE SECRETARY. MEMBERS PRESENT WERE: MR. RUSSELL LLOYD CHAIRMAN VICE CHAIRMAN MR. THOMAS JONES MR. ROBERT LAWS MRS. MARILYN RIGERMAN MR.WILLIAM WINCHESTER OTHERS PRESENT: MR. JOSEPH SOCTT CITY ATTORNEY MR. JIM NINES BUILDING OFFICIAL COUNCILPERSON HARRIS SECRETARY KATHY PFIRMAN MR. LAWS MOVED THAT THEMINUTES OF THE LAST MEETING BE APPROVED AS WRITTEN. MR. JONES SECONDED. MOTION. MOTION. PASSED UNANIMOUSLY. ITEM 1. ELECTION OF OFFICERS MR., JONES MOVED TO NOMINATE MR. LLOYD WITH MR. LAWS SECONDING MOTION. MRS. RIGERMAN MOVED TO CLOSE THE NOMINATING. MA. LAWS SECONDED MOTION. THE MOTION BY ACCLAMATION TO ELECT MR. LLOYD AS CHAIRMAN PASSED UNANIMOUSLY. NOMINATE MR. JONES AS VICE CHAIRMAN WITH MR. WINCHESTER MOVED TO S MOVED TO CLOSE THE NOMINATIONS WITH MRS. MR. LLOYD SECONDING. MR. LAW RIGERMAN SECONDING. THE MOTION BY ACCLAMATION TO ELECT MR. JONES AS VICE CHAIRMAN PASSED UNANIMOUSLY. NCE TO ITEM 2• REQUEST NO. ONSTRUCTION8OFIARBVI OQINGSI.72THINVTIRIEAREQUZREDLLOW SETBACK ON LOT I TUTEN'S SUODIVISZON, SECTION lA TOWNSHIP 24 RANGE 37EAST TftE NORT11 ONE FIUNDRED SIXTY-FIVE (165) FEET OF LOT A EAST OF SR 401 ACCORDING TO PLAT OF SAID SUBDIVISION RECORDED IN PLAT GOOK 1 PAGE 22 PUBLIC RECORDS OF DREVARU COUNTY FLORIDA. PETITIONER IS OC7NER OF THE PROPERTY RAYMOND A. JAIAIESON. BOARD OF ADJUSTMENT MARCH 21, 1983 PAGE 1 OF 2. MR. LLOYD GAVE THE BOARD Sol -JE BACKGROUND INFORMATION ON THIS ITEM. MR. JAMIESON BECAME THE OWNER OF THIS PROPERTY IN 1959 WHEN TIIE I'RONT SETBACK REQUIREMENT WAS 'TWENTY FEET. CURRENTLY THE SETBACK IS FIFTY FEET. DUE TO THE INCREASED SETBACK, MR. JAMIESON NOW HAS ANON -CONFORMING LOT, THROUGH NO FAULT OF HIS OWN. AFTER S0:1E DISCUSSION BY, THE BOARD, CHAIRMAN LLOYD OPENED, TIIE DISCUSSION ,0 THE COUNCILPERS07 IIARRIS'I 6A\IN CO:;CERN WAS WHETHER OR NOT THERE WOULD BE A;;Y COY.PLICATION OR INCREASED EXPENDITURE IF NORTH ATLANTIC AVENUE MAS WIDENED. SINCE .THE WIDENING OF NORTH ,ATLANTIC IS NOT DEFINITE AT THIS TIME, THE BOARD FELT THAT IT WAS NOT NECESSARY TO CONSIDER THIS. MR.. SCOTT THEN GAVE HIS LEGAL OPINION CONCERNING THIS VARIANCE.' SINCE. MR. JAMIESON OWNED THE LOT PRIOR TO THE ADOPTION OF THE CITY E SOME DIFFICULTY IN TURNING DOWN THE VARIANCE ORDINANCE, THE CITY WOULD HAV FROM A LEGAL STANDPOINT. CHAIRMAN LLOYD THEN READ' THE TWO LETTERS E. THEMAIN OBJECTION RECORD FROM MR. APPLEGATE AND MS. BATTLES OPPOSING THE VARIANCE. , WAS ,THE NEED FOR WIDENING NORTH ATLANTIC AVENUE. MR. LAWS MOVED TO APPROVE THE VARIANCE BUT WITH A.FIVE FOOT REAR SETBACK, RATHER THAN THE ZERO REAR SETBACK REQUESTED. MR. JONES SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MS. RIGERMAN MOVED TO ADJOURN THE MEETING. MR. JONES SECONDED THE MOTION WHICH PASSED UNANIMOUSLY.. THE MEETING WAS ADJOURNED AT 8:35PM. SMR. RUSSELL LLOYD, CF------ �N !i TIIY FIfthL\N, SECRETARY .BOARD OF ADJUSTMENT MARCH 21, 1983 PAGE 2 OF 2. (F