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HomeMy WebLinkAboutBOA 1984 Minutes & AgendasBOARD OF ADJUSTMENT REGULAR MEETING `A DECEMBER 11, 1984 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON DECEMBER 11, 1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL. LLOYD CALLED THE MEETING. TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL.. MEMBERS PRESENT WERE: RUSSELL LLOYD CHAIRMAN MARILYN RIGERMAN ANN THURM JO BARR ALTERNATE MEMBERS ABSENT (DUE TO ILLNESS) THOMAS JONES. '. VICE-CHAIRMAN. ROBERT LAWS OTHERS PRESENT: JOSEPH SCOTT CITY ATTORNEY. ARTIS GUNN BUILDING OFFICIAL BARBARA CASCELLA SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF. OCTOBER, 1, 1984 AS WRITTEN. MISS BARR SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CHAIRMAN LLOYD STATED THAT MR. MARCHETTI, AN ALTERNATE MEMBER OF THE BOARD OF ADJUSTMENT, HAD RESIGNED FROM THE, BOARD IN ORDER TO SEEK A POSITION ON THE CITY COUNCIL. THEREFORE, THERE 'IS CURRENTLY AN OPENING FOR AN ALTERNATE MEMBER ON THE BOARD. NEW BUSINESS ITEM 1. ANNUAL ELECTION OF CHAIRMAN AND VICE-CHAIRMAN CHAIRMAN LLOYD ASKED FOR A MOTION TO POSTONE THE ELECTION OF OFFICERS UNTIL THERE 'IS A FULL BOARD PRESENT. MRS. THURM MOVED TO POSTPONE THE, ELECTION. MS. RIGERMAN SECONDED. MOTION. MOTION .CARRIED UNANIMOUSLY. CHAIRMAN LLOYD EXPLAINED TO BOTH APPLICANTS THAT SINCE A FULL. BOARD WAS NOT PRESENT, A UNANIMOUS VOTE OF ALL FOUR MEMBERS WOULD BE REQUIRED TO PASS OR DENY REQUESTS. BE FURTHER EXPLAINED THAT THE. APPLICANTS COULD REQUEST A POSTPONEMENT UNTIL A FULL BOARD IS PRESENT. 1 ITEM 2. REQUEST NO. 84-12 FOR A SPECIAL EXCEPTION TO ALLOW A MULTI -FAMILY DWELLING IN A C-1 ZONING DISTRICT, TOWNSHIP245 RANGE.37E SECTION'15, TRACT 753 LOCATED ONASTRONAUT DOULEVARD). PETITIONER IS MICHAEL J. TROST AGENT FOR FORD CONCEPTS, INC. Baud of Adjustment Regular Meeting Deanber 11, 1984 Page 1 of 3 MICHAEL TROST, AGENT FOR FORD CONCEPTS, INC. ASKED FOR A POST- PONEMENT AND OST-PONEMENT'AND REQUESTED THIS. SPECIAL EXCEPTION BE PLACED ON THE NEXT AGENDA FOR THE BOARD OF ADJUSTMENT. BOARD MEMBERS TENATIVELY SET THE NEXT BOARD MEETING FOR THE SECOND WEEK IN JANUARY. ITEM 3. REQUEST NO. 84-13 FOR AN ADMINISTRATIVE APPEAL ON THE BUILDING OFFICIAL'S DECISION RE: 8700 COMPANY, TOWNSHIP 24S, RANGE 37E, SECTION 15, TRACT 751 (LOCATED AT 8700 COMMERCE STREET). PETITIONER IS GUY B. WINDSOR, AGENT FOR FRED HARTERY CHAIRMAN LLOYD EXPLAINED THAT THIS ADMINISTRATIVE APPEAL CAME BEFORE THE BOARD THROUGH THE REVIEW PROCESS; THAT THE CITY'S CODE. ENFORCEMENT BOARD HAD DETERMINED THAT THE BUSINESS,, CREATIVE TOUCH S PAINT SHOP, WAS OPERATING IN THE CITY WITHOUT AN OCCUPATIONAL' LICENSE. REVIEW OF THE APPLICATION FOR AN OCCUPATIONAL LICENSE BY THE BUILDING OFFICIAL, ARTIS GUNN, SHOWED SEVERAL CONDITIONS THAT NEEDED, TO BE CORRECTED BEFORE THE ISSUANCE OF AN OCCUPATIONAL LICENSE. CITY ATTORNEY SCOTT ASKED THAT THE MEMORANDUMS FROM THE BUILDING OFFICIAL AND MR. GUY WINDSOR, ATTORNEY TOR THE PETITIONER, BE ENTERED INTO THE RECORD AS EXHIBIT I AND EXHIBIT II. IN RESPONSE ,FROM A QUESTION FROM MS. RIGERMAN, MR. GUNN, EXPLAINED THAT THE STRUCTURE IS PRESENTLY LOCATED IN AN M-1, ZONING CLASSIFICATION. DISCUSSION FOLLOWED ON WHETHER OR NOT STORAGE GARAGES ARE ALLOWED BY EITHER THE CITY'S ZONING ORDINANCE OR THE STANDARD BUILDING .CODE. GUY WINDSOR, ATTORNEY REPRESENTING FRED HARTERY, QUESTIONED THE BOARD'S .PROCEDURES AND JURISDICTIONS IN THIS MATTER. CITY ATTORNEY SCOTT EXPLAINED THAT THERE ARE TWO DIFFERENT TYPES OF BOARDS OF ADJUSTMENT'- ONE FOR ZONING MATTERS AND ONE FOR INTERPRETATION OF BUILDING CODES. HE FURTHER EXPLAINED THE CITY DOES NOT HAVE A BUILDING *CODE BOARD OF ADJUSTMENTS AND APPEALS AT THE PRESENT TIME. HE ALSO NOTED THIS HEARING ADDRESSES BOTH ZONING AND BUILDING CODE PROBLEMS. MR. WINDSOR DISAGREED WITH MR. SCOTT EXPLAINING THAT IT WAS ITIS CONTENTION NO ZONING ISSUES WERE ADDRESSED IN MR. GUNN'S MEMORANDUM. PCODE DISCUSSION CONTINUED ON RE-ESTABLISHING .THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS TO HEAR THE CASE. CHAIRMAN LLOYD MADE A PCODE MOTION. THAT THIS MATTER BE REFERRED TO THE BUILDING BOARD OF ADJUST- MENTS AND APPEALS, TO BE ESTABLISHED BY THE CITY OF CAPE CANAVERAL, TO HEAR THIS ADMINISTRATIVE APPEAL. MS. BARR SECONDED MOTION. MOTION PASSED UNANIMOUSLY. * Amordod January 7, 1985 Board of Adjustment Regular Meeting December 11, 1984 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED 6 City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVENAL. PLOAIOA 33530 P.O. 00%326 TELEPHONE 305 7831100 BOARD OF ADJUSTMENT DECEMBER 11: 1984 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MOTION RE: MINUTES OF OCTOBER 1,'1984 NEW BUSINESS ITEM 1. ANNUAL ELECTION OF CHAIRMAN AND VICE-CHAIRMAN, ITEM 2. REQUEST NO. 04-12 FOR A SPECIAL EXCEPTION TO ALLOW A MULTI -FAMILY DWELLING IN A C-1 ZONING DISTRICT, TOWN- SHIP 24S, RANGE 37E, SECTION 15, TRACT 753 (LOCATED ON ASTRONAUT BOULEVARD). PETITIONER IS MICHAEL J. TROST, AGENT FOR FORD CONCEPTS, INC. ITEM 3. REQUEST NO. 84-13 FOR AN ADMINISTRATIVE APPEAL ON THE BUILDING OFFICIAL'S DECISION RE: 8700 COMPANY, TOWNSHIP 24S, RANGE 37E, SECTION 15, .TRACT 751 (LOCATED AT 8700 COMMERCE STREET). PETITIONER IS GUY B. WINDSOR, AGENT FOR FREDHARTERY' ADJOURN A VerbaUrn Recording Is Being Mnde OI �.:I Acticn T.,-1, At lois ;:,cud.^.g And ^.jec: N; P .c uareuivn A. Psr s--, 26L':L Iij. ® • EILE COPY BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 1, 1984 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON OCTOBER 1, 1984 AT CITY HALL, 105, POLK AVENUE, CAPE CANAVERAL, FLORIDA.' CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.M - THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE:. - RUSSELLLLOYD .CHAIRMAN THOMAS JONES VICE-CHAIRMAN ROBERT LAWS MARILYN RIGERMAN ANN THURM ALTERNATE MICHAEL MARCHETTI MEMBER ABSENT: JO S. BARR ALTERNATE ' OTHERS PRESENT: JOSEPH SCOTT CITY ATTORNEY ARTIS GUNN. BUILDING OFFICIAL KATHY PFIRMAN. SECRETARY ,MRS. THURM MOVED TO APPROVE THE MINUTES OF SEPTEMBER 10, 1984 AS WRITTEN. MR. LAWS. SECONDED MOTION. MOTION PASSED. UNANIMOUSLY. NEW BUSINESS ITEM Y. RREUEST NO. 84-7 FOREVISED DRAINAGE PLANAFORROCEAN WOODSLOSTAGE 9, TOWNSHIP 245 RANGE 37E, SECTION 14 PETITIONER: WILLIAM F. TURNER FOROCEAN WOODS, INC. CHAIRMAN, LLOYD STEPPED DOWN FROM THE CHAIR DUE TO HIS INVOLVEMENT IN A LAWSUIT PENDINGAGAINST' OCEAN WOODS, INC - VICE -CHAIRMAN, THOMAS JONES, ASSUMED THE ROLE OF. CHAIRMAN FOR THE REMAINDER OF THE MEETING. MR. RON TRAYLOR.. OF STOTTLER, STAGG PRESENTED THE PROPOSED PLANS FOR THE SWALE. REVISIONS INCLUDED A BERM AROUND THE, NORTH EDGE OF THE RETENTION AREA AND THE ADDITION OF THE SKIMMER. HE INDICATED THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATION HAD APPROVED THE SWALE WITH THESE MODIFICATIONS: BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 1, 1984 PAGE 1 OF 2 m RESIDENTS OF HARBOR HEIGHTS AND OCEAN WOODS WERE GIVEN AN OPPORTUNITY TO ASK QUESTIONS .AND TO VOICE THEIR OPINIONS. RESIDENTS WERE CONCERNED ABOUT THE POSSIBILITY OF STANDING WATER WHICH WOULDLEAD TO MOSQUITOES. ANOTHER CONCERN WAS THE COST OF MAINTENANCE. THE OCEAN WOODS HOMEOWNERS' ASSOCIATION HAS THE RESPONSIBILITY OF MAINTAINING THE SWALE. MR. TRAYLOR INDICATED .THAT MAINTENANCE. COSTS WOULD BE MINIMAL. MR. LAWS READ AN EXCERPT FROM A LETTER, RECEIVED FROM THE CITY'S ENGINEERS, BRILEY, WILD AND ASSOCIATES, WHICH STATED THAT THE IDEA THAT THERE WOULD BE STANDING WATER, WAS NOT, PLAUSIBLE BECAUSE THE SOIL TYPE IS SUCH THAT IT PERCOLATES WATER TO A GREAT EXTENT. V MRS. THURM MOVED THAT REQUEST NO. 84-7, AS APPROVED BY BRILEY, WILD AND .ASSOCIATES, BE APPROVED. MS. RIGER14AN' SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. LAWS, MS. RIGERMAN,. MRS. THURM AND MR. MARCHETTI.' OPPOSED, MR. JONES. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:45 P.M- APPROVED 1984. APPROVED THIS 11th DAY OF December Cfiairman se,—rep Y BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 1, 1984 PACE 2. OF 2 City of Cape Canaveral 105 POLK AVENUE 9 CAPE CANAVERAL, FLORIDA 22920 225 4 P.O. SOX TELEPHONE205 232.1100 OTTOr CAPE CWY[PAl BOARD OF ADJUSTMENT REGULAR MEETING -." OCTOBER 1,, 1984 7:30 P.M. v AGENDA CALL TO ORDER ROLL CALL MOTION RE: MINUTES OF SEPTEMBERS 10, 1984. NEW BUSINESS 'ITEM 1. REQUEST' NO. 84-7 FOR A VARIANCE TO .ALLOW' A REVISED DRAINAGE PLAN FOR OCEAN WOODS, STAGE 9, TOWNSHIP 24S, RANGE 37E, SECTION 14. PETITIONERWILLIAM F. TURNER FOR OCEAN WOODS, : INC.' (POSTPONED JULY 9,1984) ADJOURN L A Verbatim Recording Is Being Made Of All Action Taken At IW3 Moebng And Subject To Public Inspuctlon As Par F.S. 265.0105. ® FILE COPY BOARD OF ADJUSTMENT SEPTEMBER 10, 1984 A MEETING OF. THE BOARD OF ADJUSTMENT WAS HELD. ON SEPTEMBER 10, 1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE ,MEETING TO ORDER AT 7:30, P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE: RUSSELL LLOYD CHAIRMAN THOMAS JONES VICE-CHAIRMAN ROBERT LAWS ANN THURM MEMBERS ABSENT: MARILYN RIGERMAN JO S.BARR ALTERNATE MICHAEL MARCHETTI ALTERNATE OTHERS PRESENT JOSEPH SCOTT CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL KATHY PFI ffi4AN SECRETARY MR. JONES, MOVED TO APPROVE THE MINUTES OF JULY 23, 1984. MS.. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. REQUEST NO: 84-11 FOR A VARIANCE TO ALLOW A ' BAY WINDOW AND A SECOND FLOOR CANTILEVER TO EXTEND ON SIDE SETBACKS LOTS 67 , ,9_ AND 10 AVON-DY-TIIE-SEA. PETITIONER IS DOUGLAS L. DAVIS AGENT FOR ALPHA DEVELOPMENT CORPORA- TION OF BREVARD. THE PETITIONER WAS NOT PRESENT, ALTHOUGH HE HAD BEEN PROPERLY NOTIFIED OF THE MEETING. THE BUILDING OFFICIAL. PRESENTED PLANS OF THE PROPOSED PROJECT TO THE BOARD.. AFTER A REVIEW OF THE PROJECT, AND OF PETITIONER'S APPLICATION, MR. LAWS MOVED TO DENY REQUEST 84-11 DUE TO THE FACT THAT PETITIONER HAD NOT DEMONSTRATED HARDSHIP. MR. JONES SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7:50 P.M. APPROVED THIS a DAY OF Oc,+ober , 1984. i C a rman %L 7 Secret y Sf ,, 0, 7 City of Cape Canaveral 105POLN AVENUE [PPE CANAVERAL. FLORIDA ]]920 P.O. Bo TELEPHONE )09os 793-I100 fj C 'TTOF cwnpAL BOARD. OF ADJUSTMENT REGULAR MEETING SEPTEMBER '10, 1984' 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MOTION RE: MINUTES OF JULY 23, 1984 NEW BUSINESS ITEM 1. REQUEST N0. 84-11 FOR A VARIANCE TO ALLOW A 3' BAY WINDOW AND A 2ND. FLOOR CAANTILEVEAVON—BYTEND ON D SEASIDE SETBACKS, LOTS 6, 1, 8, PETITIONER IS. DOUGLAS L. DAVIS, AGENT FOR ALPHA 'DEVELOPMENT CORPORATION OF BREVARD. ADJOURN A Verbatim Recording Is Baing Made 01 All Action T.,ken At l tits 16ccung And SubieU To P .Aic InSpccduo As Per P.S. 260.1.,106. ® ®Flt -E COPY BOARD OF ADJUSTMENT REGULAR MEETING JULY 23, 1984 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JULY 23, 1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.I.J. THE SECRETARY CALLED THE ROLL. ' MEMBERS PRESENT WERE! RUSSELL LLOYD CHAIRMAN THOMAS JONES VICE-CHAIRMAN MARILYN RIGERMAN JO S. BARR MICHAEL MARCHETTI MEMBERS ABSENT WERE: ROBERT LAWS ANN THURI4 OTHERS PRESENT: JOSEPH SCOTT CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL KATHY PFIRMAN SECRETARY MR. JONES MOVED TO APPROVE THE MINUTES OP JULY 9, 1984 AS WRITTEN.., MS. 'RIGERMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUESTNO. 84-8 FOR A VARIANCE TO ALLOW A POLE SIGN WITIIIN Tt1E SETBACK AT LITTLE GENERAL STORE, SIGN WI ATLANTIC AVENUE LOTS 9 6 10 BLOCR 1, AVON -DY -THE -SEA SECTION 2 TOWNSHIP 24 RANGE 3 ). PETITIONER IS DAN ROMESBURG AGENT POR LITTLE GENERAL STORES. ITEM 2. REQUEST NO. 84-9 FOR A VARIANCE TO ALLOW A POLE SIGN WITHIN TFIE SETBACK AT LITTLE GENERAL STORE, 8797 N. ATLANTIC AVE. PART OF LOTS A 6 B DLOCK B TUETON S SUBDIVISION SECTION 14 'TOWNSHIP 24, RANGE PETITIONER IS. DAN ROMESBURG, AGENT FOR LITTLE GENERAL STORES. THE BUILDING OFFICIAL EXPLAINED THE CIRCUMSTANCES SURROUNDING THESE TWO REQUESTS FOR VARIANCE. LITTLE GENERAL HAD PLACED READER BOARDS ON THEIR SIGN POLES WHICH ADVERTISED THEIR GASOLINE PRICES. THESE READER BOARDS VIOLATED THE SIGN CODE,, IN THAT NOTHING IS ALLOWED BETWEEN 2-1/2 FEET AND 10 FEET FROM THE GROUND AT AN INTERSECTION. ' BOARD OF ADJUSTMENT REGULAR MEETING JULY 23, 1984 PAGE 1 OF 2 THE REQUESTS WERE RECOMMENDED FOR DISAPPROVAL BY THE PLANNING AND ZONING BOARD. THE BUILDING OFFICIAL READ LETTER FROM LITTLE GENERAL REPRESENTATIVE, DAN ROMESBURG, WHICH WITHDREW THE REQUESTS FOR VARIANCE. THE BUILDING OFFICIAL RESPONDED WITH A NOTICE TO COMPLY. AS THE VARIANCES WERE WITHDRAWN, MR. JONES MOVED TO ADJOURN. MS. RIGERMAN SECONDED MOTION. MOTION PASSED UNANI- MOUSLY. THE MEETING WAS ADJOURNED AIT,711:501 P. M. APPROVED THIS- DAY OF �Pln�%'tV)(� r , 1984.. Q-1 Cha rman Se - '. BOARD OF ADJUSTMENT REGULAR MEETING' <: JULY. 23, 1984 PAGE 2 OF 2 AGENDA CALL TO ORDER ROLL CALL' MOTION RE: MINUTES OF JUly 9, 1984 NEW BUSINESS ITEM 1. REQUEST NO. 84-8 FOR A VARIANCE TO ALLOW A POLE SIGN WITHIN THE SETBACK AT LITTLE GENERAL STORE, 7700 N. ATLANTIC AVE (LOTS 9 6 10, BLOCK 31, AVON -BY -THE - SEA, SECTION 23, TOWNSHIP 24, RANGE 37). PETITIONER IS DAN ROMESBURG, AGENT FOR LITTLE GENERAL STORES ITEM 2. REQUEST NO. 84-9 FOR A VARIANCE TO ALLOW A POLE SIGN WITHIN THE SETBACK AT LITTLE GENERAL STORE, 8797 N. ATLANTIC AVE (PART OF LOTS A & B, BLOCK B, TUETON'S SUBDIVISION, SECTION 14, TOWNSHIP 24, RANGE 37).' PETITIONER IS DAN ROMESBURG, AGENT FOR LITTLE GENERAL STORES ADJOURN A Vorbntim Recording Is Being Modo Of All Action Tnken At 11TI, Mooting And Sub)act To Public Inspection As Per F.S. 266.0105. City of Cape Canaveral 1� CITIO, 105POLKAVENUE • CAPE CANAVERAL, FLORIDA 32920 P.O. BOK 326 TELEPHONE 305 2831100 wtE3mnu BOARD OF ADJUSTMENT REGULAR MEETING JULY 23, 1984 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL' MOTION RE: MINUTES OF JUly 9, 1984 NEW BUSINESS ITEM 1. REQUEST NO. 84-8 FOR A VARIANCE TO ALLOW A POLE SIGN WITHIN THE SETBACK AT LITTLE GENERAL STORE, 7700 N. ATLANTIC AVE (LOTS 9 6 10, BLOCK 31, AVON -BY -THE - SEA, SECTION 23, TOWNSHIP 24, RANGE 37). PETITIONER IS DAN ROMESBURG, AGENT FOR LITTLE GENERAL STORES ITEM 2. REQUEST NO. 84-9 FOR A VARIANCE TO ALLOW A POLE SIGN WITHIN THE SETBACK AT LITTLE GENERAL STORE, 8797 N. ATLANTIC AVE (PART OF LOTS A & B, BLOCK B, TUETON'S SUBDIVISION, SECTION 14, TOWNSHIP 24, RANGE 37).' PETITIONER IS DAN ROMESBURG, AGENT FOR LITTLE GENERAL STORES ADJOURN A Vorbntim Recording Is Being Modo Of All Action Tnken At 11TI, Mooting And Sub)act To Public Inspection As Per F.S. 266.0105. BOARD OF ADJUSTMENT F`LE COI. `� REGULAR MEETING EI LE 9, 1984 A MEETING OF THE BOARD or ADJUSTMENT WAS HELD ON JULY 9, 1984 AT CITY HALL, 105 POLK'AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD, CALLED THE MEETING TO ORDER AT , 7:30 P.M. THE SECRETARY CALLED THE ROLL.' MEMBERS PRESENT WERE: RUSSELL LLOYDCHAIRMAN THOMAS JONES ' VICE-CIIAIR14AN ROBERT LAWS ANN THURM JO S. BARR > FIRST ALTERNATE MICHAEL MARCHETTI SECOND ALTERNATE MEMBERS ABSENT WERE: MARILYN RIGERI4AN ALSO PRESENT WERE: JOSEPH SCOTT, CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL KATHY PFIRMAN SECRETARY MR. JONES MOVED TO APPROVE THE MINUTES OF JUNE 25, 1984 AS WRITTEN. MS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST'NO. 84-7 FOR A VARIANCE TO ALLOW A REVISED DRAINAGE PLAN FOR OCEAN WOODS STAGE 9, TOWNSHIP 24S RANGE 7E, SECTION 4 PETITIONER: 'r7I LLIAM F.TURNERFOR OCEAN WOODS, INC. CHAIRMAN LLOYD BEGAN THE DISCUSSION BY GIVING A BRIEF BACK- GROUND OF THIS ITEM. THE PLANNING AND ZONING BOARD REVIEWED.A MODIFIED VERSION OF THE REVISED DRAINAGE PLAN WHICH CALLED FOR TWO NINETY -FOOT PIPES TO BE PLACED, UNDERGROUND AND END IN A DRAINAGE FIELD., THE PLANNING AND ZONING BOARD RECOMMENDED APPROVAL OF THIS PLAN, CONTINGENT UPON DEPARTMENT OF ENVIRONMENTAL REGULATIONS AND. THE CITY ENGINEERS' APPROVAL.' CHAIRMAN LLOYD REMINDED THE BOARD MEMBERS THAT ACCORDING TO PARLIAMENTARY PROCEDURE, A MOTION, NEEDED TO DE MADE BEFORE THE ITEM COULD BE DISCUSSED. MS. THURM MOVED TO APPROVE REQUEST 84-7. MR. .LAWS SECONDED MOTION. BOARD OF ADJUSTMENT REGULAR MEETING JULY 9, 1984 PAGE, 1 OF 3 o AT THIS POINT, CHAIRMAN. LLOYD EXCUSED HIMSELF FROM THE BOARD DUE TO A CONFLICT OF INTEREST.. RE EXPLAINED THAT HE IS A PARTY IN A LAWSUIT AGAINST OCEAN WOODS. ,INC. 'VICE-CHAIRMAN THOMAS JONES SERVED AS CHAIRMAN FOR THE REMAINDER OF THE MEETING. THE QUESTION OF THE BOARD'S AUTHORITY CONCERNING DRAINAGE WAS RAISED By BOARD MEMBER ROBERT LAWS, AND BY THOMAS WASDIN, PRESIDENT OF OCEAN WOODS. .CITY ATTORNEY JOSEPH SCOTT RESPONDED DY SAYING THAT THE BOARD'S AUTHORITY WAS. TO DETERI4INE Tf1E. TYPE AND PLACEMENT OF THE 'DRAINAGE SYSTEM, NOT TO GIVE ENGINEERING DATA AND SPECIFICATIONS. MR. RON TRAYLOR OF STOTTLER STAGG, ENGINEER FOR OCEAN WOODS, EXPLAINED THE DRAINAGE SITUATION TO THE BOARD. HE EXPLAINED THAT THE ORIGINAL PLAN FOR WATER TO GO DIRECTLY INTO THE CITY STORM DRAINAGE SYSTEM WAS DENIED BY THE DEPARTMENT OF. ENVIRONMENTAL' REGULATION AS BEING INJURIOUS TO THE BANANA RIVER. THE REVISED DRAINAGE PLAN CALLED FOR A 150 FOOT SWALE, APPROXI14ATELY ONE. TO TWO FEET DEEP, TO SERVE AS A RETENTION AREA. EXCESS RUNOFF WOULD., GO INTO THE CITY PIPES., A COMPROMISE SOLUTION TO THE DRAINAGE PROBLEM WAS REACHED AT THE PLANNING AND ZONING BOARD MEETING OF JUNE 13, 1984. HOWEVER, MR. TRAYLOR REPORTED THAT THE CALCULATIONS OF THECITY ENGINEER HAD BEEN IN ERROR; 'RATHER THAN TWO NINETY -FOOT PIPES ,THERE WOULD NEED TO BE AT LEAST TWICE THAT AMOUNT. THE DISCUSSION WAS OPENED TO THE FLOOR. SEVERAL RESIDENTS OF HARBOR HEIGHTS AND OCEAN WOODS SPOKE AGAINST. THE SWALE, CITING MAINTENANCE PROBLEMS AND MOSQUITO HAZARDS AS THEIR MAIN REASONS FOR OPPOSITION. MS. THURM MOVED TO POSTPONE THIS ITEM UNTIL FURTHER INFOR14ATION WAS RECEIVED FROM THE, CITY ENGINEER AND FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION. MS. BARR SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. LAWS, MS. THURM, MS. BARR AND MR. MARCHETTI. OPPOSED.: MR. JONES. MOTION CARRIED. BOARD OF ADJUSTMENT., REGULAR MEETING JULY 9, 1984 PAGE 2 OF 3' rte', tA RafifSf, City of Cape Canaveral IDS POLK AVENUE CAPE CANAVERAL, PLO RIDA ]2920 >. P.C. M 7 TELEPHONE ]O] 7!]1100 CRw adl PAREWYEP]l BOARD OF ADJUSTMENT, REGULAR MEETING JULY 9, 1984 7:30 P.M. AGENDA' CALL TO ORDER ROLL CALL MOTION RE: MINUTES OF JUNE 25, 1984 NEW BUSINESS ITEM 1. REQUESGENPLAN4FOR F DCEANOR A VWOODS, STAGEARIANCE TO L9 WTOWNSNIPE24S, DRAINARANGE 37E, SECTION 14. .PETITIONER: WILLIAM F. TURNER FOR OCEAN WOODS, INC. ADJOURN A Verbatim Recording Is Being tdade OI All Action TH'scn At Irlis m ulmg And Subject To Public Inspcction Ao Per F.S. 286.0705. o BOARD OF. ADJUSTMENT JUNE 25, 1984 FILE'. C01'`�. A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JUNE 25„1984 AT CITY HALL, 105. POLK AVENUE, CAPE CANAVERAL. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7;30 P.M. THE SECRETARY CALLED THE 'ROLL. MEMBERS. PRESENT WERE; ^USS71,L LLOYD CHAI U'lAN TUOUAS 70!17S VICE-CHAIRMAN P,OD...^.T LASTS 11ARILYN RIGERMAN ANN THUMI JO S. 'BARR FIRST. ALTERNATE MICHAEL MARCHETTI. SECOND ALTERNATE'S OTHERS PRESENT WERE: JOSEPH SCOTT CITY ATTORNEY: ARTIS GUNN .. BUILDING OFFICIAL KATHY. PFIRNAN 'SECRETARY MR. LAWS MOVED TO. APPROVE THE MINUTES OF JUNE 11, 1984 AS WRITTEN. MS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. PUBLIC HEARING REQUEST N0. 84-6. FOR A VARIANCE TO REDUCE SETBACK, SECTION 23,TOWNSHIP 24S, RANGE 37E, AVON -BY -TME -SEA, BLOCK 4:. LOTS 7 AND 8CORNER. OF JOHNSON AVENUE AND ORANGE AVENUE PETITIONERS, MICHAEL MINTER AND LARRY GOODSON, OWNERS. MR. LLOYD BEGAN THE DISCUSSION BY NOTING THAT THE APPLICATION' FOR VARIANCE ASKED FOR. TWO ITEMS; 1. THAT THE LOT LINE BE CHANGED TO RUN EAST TO WEST 2. THAT THE REAR SETBACK BE REDUCED HOWEVER, ON THE AGENDA, .THE VARIANCE IS TO REDUCE REAR SETBACK ,ONLY. PETITIONER MR. MICHAEL MINTER ANSWERED THIS QUESTION BY STATING., THAT DUE TO THE DEFINITION OF. "REVISED LOT FRONTAGE",. ON PAGE.9 OF THE ZONING ORDINANCE, THE LOT. LINE CHANGE WOULD NOT BE NECESSARY. ON READING THIS DEFINITION, THE BOARD DISAGREED WITH THE PETITIONER. MR. LLOYD POINTED` OUT THAT THEA"REVERSED. LOT FRONTAGE" RULE PREVAILS ONLY IF THE LOT IS ALIGNED THE SAME AS OTHER SURROUNDING LOTS. THE PETITIONER'S LOTS DID NOT ?FEET BOARD OF ADJUSTMENT MINUTES JUNE 25, 1984 PAGE 1 OF'2 THIS REQUIREMENT. MR. MINTER, THEN STATED THAT lir WOULD ALSO NEED THE LOT LINE CHANGED, AND ASKED THE BOARD TO CONSIDER THIS AS WELL. BUILDING OFFICIAL ARTIS GUNN EXPLAINED THE REQUIRED SET- BACKS AND ILLUSTRATED THE VARIOUS POSSIBILITIES IF THE LOTS WERE COMBINED INTO ONE LOT, AND IF THE EAST-WEST LOT LINE CHANGE WAS ALLOWED. COMBINING THE TWO LOTS WOULD MAKE A. CONFORMING LOT BUT THERE WOULD BE A25', SETBACK ON BOTH JOHNSON AND ORANGE. CHANGING THE LOT LINE TO RUN EAST-WEST WOULD ENABLE THE PETITIONER TO MEET'. ALL SETBACKS EXCEPT THE REAR SETBACK. THE BOARD REVIEWED THE FOUR CRITERIA REQUIRED FOR THE GRANTING OF A VARIANCE., AN INFORMAL POLL OF THE, MEMBERS. BY THE CHAIRMAN RESULTED I,N THE CONSENSUS THAT THE PETITIONER. HAD FAILED TO SHOW THAT THE HARDSHIP CREATED WAS ,NOT OF ITIS OWN MAKING. THE PETITIONER THEN WITHDREW HIS REQUEST. MS. THURM MOVED TO ADJOURN. MR. LAWS SECONDED MOTION. .MOTION PASSEDUNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:30 P.M. n. APPROVED THIS. DAY OF �% V LY 'r 1984. J Chairman 1 _,Lk Mme_ Secreta y BOARD OF ADJUSTMENT MINUTES JUNE 25, 1984 PAGE 2 OF 2 Oji u s� City of Cape Canaveral r,~ � 105 POLN AVENUE CAPE CRNFVEOPL.PLOf110A ]]920 BON 326 ]OS ]8]•1100 �_� {n •.tF TELEPHONE CiTY01 C]H UEIVIP]L BOARD OF ADJUSTMENT JUNE 25,' 1984 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES OF JUNE 11, 1984 NEW BUSINESS ITEM 1. 0N423,F0OWNSHIPVARIANCETO. PUBLIC HEARING REQUEST SECTI REDUCE REAR SETBACK, BLOCK 74, LOTS 7 RANGE 37E, AVON—BY—THE—SEAM NERS, IO (CORNER OFMICHAEL MINTERNSON AND LARRYAVE.6 GOODS0N,RANGEAOWNERS,PETZTIO ADJOURN :. pVcrU�1;m Rccxdlnt� Vc. Dein? Plxdo Ot "i Al lnr. . 1cp,nD And All t,cticr: r�Gan Tu V.111 c Insp-cilon i+, Par . SU�lec6 'uriAt0ii. BOARD OF 'ADJUSTMENT REGULAR MEETING JUNE 11, 1984 FILE CUP 1 A MEETING OF, THE BOARD OF ADJUSTMENT WAS HELD ON JUNE 11, 1984 AT CITY HALL, 105POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY, CALLED THZ ROLL., MEMBERS PRESENT WERE: RUSSELL LLOYD CHAIRMAN THOMAS JONES VICE-CHAIRMAN ROBERT LAWS ANN THURM JO S.BARR FIRST ALTERNATE MICHAEL MARCHETTI SECOND ALTERNATE MEMBERS ABSENT: MARILYN RIGERMAN OTHERS PRESENT WERE: JOSEPH SCOTT CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL KATHY PFIRI4AN SECRETARY MS. THURM MOVED TO WAIVE THE READING OF THE MINUTES OF MAY. 21, 1984. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST NO. 84-5'FOR A SPECIAL EXCEPTIONTO CONSTRUCT A 4-UNIT TONNIIOUSE INA C-1 ZONING DISTRICT, TOWNSHIP 245 RANGE 37E SECTION 23, AVON -BY -TILE -SEA BLOCK 1, LOTS b 5 ADAMS AVENUE PETITIONER IS DOUGLAS A. OLDS, OWNER., CHAIRMAN LLOYD OPENED ,THE DISCUSSION WITH SOME GENERAL. REMARKS. ABOUT THE REQUEST, NOTING THAT THE, SURROUNDING AREA WAS OF A RESIDENTIAL' NATURE.: MR. KEVIN MC GUIRE APPEARED AS AGENT FOR THE PETITIONER, BUT OFFERED NO COMMENTS. MR. LAWS MOVED TO APPROVE REQUEST NO. 84-5. MS., THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MS. THURM MOVED TO ADJOURN. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THE MEETING WAS ADJOURNED AT 7:45 P.M. APPROVED TRIS_R�LbAY OF JUNE , 1984. Chairman S c try BOARD OF ADJUSTMENT. MEETING JUNE 11, 1984, PAGE 1 OF 1 s y City of Cape Canaveral JOS POIH AVENUE CAPE CANAVERAL, iLONIDA 32920 P.D. Box 316 ` A F TELEPHONE )OS 181-1I00 rf. C CARrtrcr UNAftP.LL .BOARD OF ADJUSTMENT amp' JUNE 11, 1984 at 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL.' APPROVAL OF MINUTES OF MAY 21, 1984 NEW BUSINESS ITEM 1. REQUEST NO. 84-5 FOR A SPECIAL EXCEPTIONS CONSTRUCT'A 4 -UNIT TOWNHOUSE IN A C-1 TO ZONING' DISTRICT, TOWNSHIP 245, RANGE 37E, SECTION 23, AVON -BY -THE -SEA, BLOCK 1, LOTS 14 S 15 (ADAMS ,AVENUE). PETITIONER IS DOUGLAS A. OLDS, OWNER. A Verbalim Rocording Is Being -Mado 01 P13cting And ADJOURN All Action Takon At In15 SSbloc1 To rbbilo inspcezion As Pu '.. F.S, 286.0105. BOARD OFA AY 2 g ADJUSTMENT MEETING FILE, COP" A MEETING OF THE BOARD OF .ADJUSTMENT WAS HELD ON MAY `( 21, 1984 AT, CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.:. CHAIRMANRUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE:' RUSSELL LLOYD : CHAIRMAN THOMAS JONES VICE CHAIRMAN ROBERT LAWS MARILYN RIGERMAN ANN THUR:•1 SECOND ALTERNATE MICHAEL MARCHETTI MEMBERS ABSENT WERE: JO S. BARR FIRST ALTERNATE OTHERS PRESENT WERE: JOSEPH SCOTT CITY ATTORNEY BUILDING OFFICIAL ARTIS GUNN SECRETARY KATHY PFIRMAN MR. LAWS MOVED TO APPROVE THE MINUTES OF APRIL 23., 1984 WITH THE CORRECTION THAT "MR., THURM" IN THE SECOND PARAGRAPH BE CHANGED TO "MS. THURM". MS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. Ti1EUCONSTRUCTION OFRTOWNHOUSESSPECIAL X INPAICN ITZONINGia DISTRICT, TSP'245 RGE E, SEC 14, ➢LOCK LOT 16 CAPE C...... AL DEACH GARDENS. PETITIONER IS JAMES E. MORGAN FOR STRAW HXV CLUB, MR. LAWS EXCUSED HIMSELF FROM THIS REQUEST DUE TOA CONFLICT. OF INTEREST.' HE WAS NOT PRESENT, FOR THE REMAINDER OF THE MEETING. MR. MORGAN EXPLAINED THAT THE 16—UNIT TOWNHOUSE WOULD BE BUILT ADJACENT AND SOUTH OF THE STRAW HAT CLUB.' OPPOSITE THE TOWNHOUSE GARAGES, MR. MORGAN PLANS TO CONSTRUCT MINI—WAREHOUSES- DISCUSSION FOLLOWED. CITY ATTORNEY SCOTT ADVISED THE BOARD. THAT THEY WOULD ONLY BE CONSIDERING WHETHER OR, NOT TO ALLOW TOWNHOUSES IN A C-1 ZONE. AND, IF APPROVED BY THE BOARD, 'SITE PLAN REVIEW WOULD HAVE TO BE DONE BY ALL APPROPRIATE. DEPARTMENTS. BOARD OF ADJUSTMENT MINUTES . MAY 21, 1994 PAGE 1 OF. 3 MR. JONES MOVED TO APPROVE THE REQUEST. MS. TIIU RDi SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. REQUEST NO. 84-3 FOR SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF MULTIPLE DWELLING UNITS IN A C-1 ZONING DISTRICT 'TSP 24S� REG 37E SEC 14, DLOCK LOT CAPE CANAVERAL BEACH GARDENS. PETITIONER IS NICHOLAS. RAMAL FOP. TII•ID1Y .AND JANE KOUSTAS OWNERS_. THIS WAS.A REQUEST TO ALLOW EIGHT UNITS TO BE BUILT IN A C-1 ZONINGDISTRICT ON CANAVERAL BEACH, BOULEVARD. THE PLANNING AND ZONING, BOARD RECOMMENDED APPROVAL OP THIS REQUEST DUE TO TUE FACT THAT THE USE IS COMPATIBLE WITH THE SURROUNDING USES.' AFTER A'DISCUSSION, MS. RIGERMAN'MOVED TO APPROVE THE REQUEST. MS. TIIURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MR. RAHAL THANKED THE BOARD AND COMMENTED ON THE COURTESY SHOWN HIM BY THE CITY EMPLOYEES. ITEM 3. REQUEST NO. 84-4 FOR VARIANCE TO ALLOW AN EXISTING STRUCTURE 'WHICH PROTRUDES INTO TIM AIA SETBACK TO BE ENCLOSED AT THE CORNER OF AIA AND CHURCH STREET TSP 245, RGE. 7E SEC PARCEL 286 PETITIONER IS JEFFREY L. RICA, 'OWNER. MR. RICK, EXPLAINED THAT HE WISHED TO ENCLOSE AN AREA NOW COVERED BY A.PEP14ANENT CANOPY. IT WAS MR. RICH'S CONTENTION THAT THIS WOULD NOT INCREASE A NON-CONFORMITY BECAUSE THE PERMANENT CANOPY REPRESENTS THE NON-CONFORMITY. MR. JONES MOVED TO APPROVE. THE REQUEST. MS. THUMI SECONDED MOTION. MS. RIGERMAN POINTED OUT THAT THE CONDITIONS PECULIAR TO A VARIANCE HAD NOT BEEN SHOWN PER 5645.25(A) (2 6,4). MR.. JONES WITHDREW HIS MOTION ANDMS.. THURM WITHDREW HER SECOND. MR. GUNN, BUILDING OFFICIAL, EXPLAINED.HIS REASONS FOR BRINGING THIS ITEM, BEFORE THE BOARD. AS A�VARIANCE. HE WANTED THE BOARD TO SEE THE PROPOSAL RATHER THAN SIMPLY, MAIKING THE DECISION HIMSELF. BOARD OF ADJUSTMENT ,MINUTES MAY 21, 1984 PAGE 2 OF 3. MR. JONES MOVED TO APPROVE THE VARIANCE. MR. MARCHETTI SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: . JONES, MS. THURM AND MR. MARCHETTI. IN FAVOR, MR.LLOYD, MA. OPPOSED, MRS. RIGERMAN. 140TION CARRIED. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:45 P.M. JJ 198-0. APPROVED .THIS Cha rman Se ret ry BOARD OF ADJUSTMENT MINUTES MAY 21, 1984 PAGE.3 OF 3 SQp%CC ApO� City of Cape Canaveral 105 PGL% AVENGE 0 CAPE CANRVENPL, iLOPI0A 33930 P.O. 80%336 'M k ' TELEPHONE 305 313.1100 Crtrar C'm winpA BOARD OF ADJUSTMENT MAY 21, 1984 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES OF APRIL 23, 1984 NEW BUSINESS ITEM 1. REQUEST NO. 84-2 FOR SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF TOWNHOUSES IN A C-1 ZONING DISTRICT, TSP 24S, RGE 37E, SEC 14, BLOCK 3, LOT 16, CAPE CANAVERAL BEACH GARDENS. PETITIONER IS JAMES E. MORGAN FOR STRAW HAT CLUB, INC. ITEM 2. REQUEST NO. 84-3 FOR SPECIAL EXCEPTION TO 'ALLOW THE CONSTRUCTION OF MULTIPLE DWELLING UNITS IN AC-1 ZONING DISTRICT, TSP 24S, RGE 3717, SEC 14,. BLOCK 3, LOT 3, .CAPE CANAVERAL BEACH GARDENS. PETITIONER IS NICHOLAS RAHAL FOR TIMMY 6 JANE KOUSTAS, 'OWNERS. ITE61 3. REQUEST. NO. 84-4 FOR VARIANCE TO ALLOW AN EXISTING STRUCTURE, WHICH PROTRUDES INTO THE AlA SETBACK, TO BE ENCLOSED AT THE CORNER OF AlA AND CHURCH STREET (TSP 24S, RGE 37E, SEC 23, PARCEL 286).. PETITIONER IS JEFFREY L. RICH, OWNER.. ADJOURN A Verbatim Recording Is Being Made Of All Action Taken At This Meeting And Subject To Public Inspection As Per F.S. 286.0105. q BOARD OF ADJUSTMENT. REGULAR MEETING APRIL. 23, 1984 A REGULAR MEETING OF THE 'BOARD OF ADJUSTMENT WAS HELD ON APRIL 23,'1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE: RUSSELL LLOYD CHAIRMAN THOMAS JONES VICE-CHAIRMAN ROBERT LAWS MARILYN RIGERMAN ANN. THURM OTHERS PRESENT WERE: JOSEPH SCOTT CITY ATTORNEY ARTIS GUNN 'BUILDING OFFICIAL LAMAR RUSSELL CHAIRMAN, PLANNINT & ZONING KATHY PFIRMAN SECRETARY MRS. THURM MOVED TO WAIVE THE READING OF THE MINUTES OF JANUF.RY 9, 1984. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. REQUEST NO. 84-1 REt REQUEST FOR SPECIAL EXCEPTION TO ALLOW TIIB SALE. OP BEER AND WINE FOR ON -PREMISE CONSUMPTIONON LOTS 26 & 27 .BANANA RIVER ESTATES,' G213YNN ATLANTIC26, SHIP AVENUEEr RPNU;ETITIONERTYS JOYRDOM, MESSNER, TENANT. CHAIRMAN LLOYD GAVE THE BOARD A BRIEF BACKGROUND OF THE SPECIAL EXCEPTION BEFORE, THC BOARD. THE PETITIONER, MS. JOY MESSNER, PROPRIETOR OF THE TEAROOM APPEARED BEFORE THE .BOARD TO ASK THAT SHE BE ALLOWED A SPECIAL EXCEPTION TO SERVE BEER AND WINE ON THE PREMISES. MR. GUNN, THE BUILDING OFFICIAL, WAS CONCERNED THAT. THE SEATING ARRANGEMENT MIGHT NOT BE ADEQUATE. MS. MESSNER IS REQUIRED TO HAVE SEATING FOR 50 PEOPLE IN ORDER TO BE ALLOWED, TO SELL BEER AND WINE ON PREMISE. AFTER A DISCUSSION, MR. LAWS, MOVED THAT THE SPECIAL EX- CEPTION BE APPROVED SUBJECT TO THE BUILDING OFFICIAL'S REVIEW AND APPROVAL OF THE SEATING PLAN. MS., RIGERMAN SECONDED MOTION. MOTION PASSED, UNANIMOUSLY. BOARD OF ADJUSTMENT MINUTES APRIL 23, 1984 PAGE 1 OF 2 THERE BEING NO FURTHER BUSINESS, THE' MEETING''. WAS ADJOURNED AT 8:10 P.M. < - MND 1984. APPROVED THIS I DAY OF , '.'C a rman / 1n, Secretary -- BOARD OF ADJUSTMENT MINUTES APRIL 23, 1984 `.. -' PAGE '3 COF 2 J,a z�u�SVc-�,sf City of Cape Canaveral 105 POLK AVEII UE. CAPE C A,I A VE A AL, P LO A I OA 01910 P.O-'o']16 4si 'If 0110! GJS rAN11f 1A TELEPHONE Us 1891100 BOARD OF ADJUSTMENT APRIL 23, 1984 7:30 P.M. AGENDA CALL TO ORDER .ROLL CALL APPROVAL OF MINUTES OF JANUARY 9, 1984 NEW BUSINESS ITEM 1.. REQUEST NO 84-1 RE: REQUEST FOR SPECIAL EXCEPTION TO ALLOW THE SALE OF BEER AND WINE FOR ON—PREMISE CONSUMPTION ON LOTS 26 S 27, BANANA RIVER ESTATES, SECTION 26, TOWNSHIP 24E, RANGE 37E (THE TEAROOM, 6213 N. ATLANTIC AVENUE(. PETITIONER IS JOY D. MESSNER, TENANT. ADJOURN A Verbatim Recording Is Being Made 01 All Action Taken At This Meoting And SubJoct To Public Inspection AS Pcr P.S. 286.0105. BOADJUSTMENT JANUARY FILE COPY ' JANUARY 9, 1984 A MEETING OF THE 130ARD OF ;ADJUSTMENT WAS HELD ON JANUARY 9, 1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA., CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT B:00 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE: RUSSELL LLOYD CHAIRMAN T11014AS JONES VICE-CHAIRMAN ROBERT LAWS MARILYN RIGERMAN ANN THURM MEMBERS ABSENT WERE: JO S. BARR 1ST ALTERNATE ALSO PRESENT WERE: JOSEPH SCOTT CITY ATTORNEY HARRY KELLER ACTING BUILDING OFFICIAL JOHN WINCHESTER CITY COUNCIL MEMBER LAMAR RUSSELL CHAIRMAN, PLANNING & ZONING KATHY PFIRMAN SECRETARY MR. JONES MOVED TO WAIVE .THE READING OF THE MINUTES OF DECEMBER 12, 1983 AND TO APPROVE AS WRITTEN. MR. LAWS SECONDED, MOTION. MOTION PASSED UNANIMOUSLY.. ITEM 1. REQUEST NO. 83-9 RE: REQUEST FOR SPECIAL EXCEPTION TO ALLOW THE SALE OF NEW AND USED CARS ON LOT 761 SECTION 15 TOWNSI , 245 RANGE 37 E 18555 ASTRONAUT BLVD1. PETITIONER IS DOUGLAS L. COCHRAN AGENT FOR PACER OIL COMPANY. MR. DAVID GOULDING APPEARED BEFORE THE BOARD FOR THE PEITIONER TO EXPLAIN EXACTLY HOW THE PROPERTY WOULD BE USED TO SELL CARS. HE SAID THAT THERE WOULD BE 10 OR 12, CARS PARKED ON A SECTION OF HIS PARKING LOT AND THAT THERE WOULD BE ABSOLUTELY NO REPAIRS ON SITE. MR. BILL. IRWIN, ATTORNEY ,FOR FORD CONCEPTS, WHICH IS BUILDING A PROJECT ON A PARCEL OF LAND WEST AND SOUTH OF THIS BUSINESS, ARGUED AGAINST GRANTING THE SPECIAL EXCEPTION. HE FELT THAT THE PROPOSAL WOULD NOT BE AESTHETICALLY PLEASING. MR. GEORGE FIRKINS, VICE- PRESIDENT OF CEVESCO, WHICH OWNS PROPERTY TO THE NORTH AND EAST, ALSO SPOKE AGAINST GRANTING. THE SPECIAL EXCEPTION. HE FELT THAT THERE WOULD, BE NO BEAUTIFICATION ADVANTAGE. Board of Adjustment January 9, 1984 Page 1 of 2 THE BOARD ALLOWED A REBUTTAL FROM MR.GOULDING. HE ASSURED THE BOARD THAT THERE WOULD BE NO REPAIR WORK OR BANNERS AND THAT HE WOULD ,NOT CREATE AN EYESORE. AFTER A DISCUSSION BY THE BOARD, MR. LAWS MOVED THAT THE SPECIAL EXCEPTION BE APPROVED WITH THE PROVISO THAT TilE SIGN POLES BEREMOVED. MS. RIGERMAN SECONDED THE MOTION.. MR. JONES MOVED TO AMEND THE MOTION 'IN ORDER TO ADD THE PROVISO THAT NO. AUTOMOTIVE REPAIRS BE ALLOWED. MR. LAWS SECONDED THE AMENDMENT. MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON. THE MAIN MOTION, TO GRANT THE SPECIAL EXCEPTION, WAS AS FOLLOWS: IN FAVOR, MR. LLOYD, MR.: JONES, MR. LAWS .AND MS. RIGERMAN. OPPOSED, MRS. THURM. MOTION PASSED. ITEM 2. REQUEST NO. 83-10 RE: REQUEST FOR SPECIAL EXCEPTION TO CONSTRUCT TOWNHOUSES IN A C-1 DISTRICT ON LOT 262 SECTION 23 TOWNSHIP 24S an a 37E (CORNER OF LONGPOINT ROAD AND A1A). PETITIONER IS OWNER OF THE PROPERTY JOHN N. DOLANOWSKI THIS WAS A REQUEST TO ALLOW TOWNHOUSES TO BE BUILT ON PROPERTY ZONED C-1. THE OWNER, MR. JOAN BOLANOWSKI, WAS NOT PRESENT AT THE MEETING. SEVERAL RESIDENTS OF LONG POINT ROAD APPEARED BEFORE THE ,BOARD TO VOICE THEIR OPPOSITION TO THE PROPOSED TOWNHOUSES. THE MAIN OBJECTION WAS THAT THEIR PROPERTY VALUE WOULD BE ADVERSELY AFFECTED BY THE TOWNHOUSES. AFTER A DISCUSSION BY THE BOARD, MS. RIGERMAN MOVED TO APPROVE THE SPECIAL EXCEPTION, SAYING THAT A RESIDENTIAL USAGE WOULD. BE PREFERABLE TO COMMERCIAL USAGE. MRS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:10 P.M. 23rd .DAY OF April , 1984. APPROVED THIS .AIRMAN SEC T# Y Board of Adjustment January 9, 1984 Page 2 of 2 F City of Cape Canaveral IOS POLK AVENUE • CAPE CANAVERAL, PLORIDA 91920 P.O. e0%019 TELEPHONE 005.1811100 BOARD OF ADJUSTMENT raw JANUARY 9, 1984 pr 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES OF DECEMBER 12, 1983 NEW BUSINESS ITEM 1. REQUEST NO. 83-9 RE: REQUEST FOR SPECIAL EXCEPTION TO ALLOW THE SALE OF NEW AND USED CARS ON LOT 761, SECTION 15, TOWNSHIP 24S, RANGE 37B (8555 ASTRONAUT ,BLVD). ..PETITIONER IS DOUGLAS L.000HRAN, AGENT FOR PACER OIL COMPANY. ITEM 2. REQUEST NO. 83-10 RE: REQUEST FOR SPECIAL EXCEPTION TO CONSTRUCT TOWNHOUSES IN A C-1 DISTRICT ON LOT 262, SECTION 23, TOWNSHIP 24S, RANGE 37E (CORNER OF LONGPOINT ROAD AND AW . PETITIONER IS OWNER OF THE PROPERTY, JOHN N. BOLANOWSKI. ADJOURN AlVerbatim Action Taken This Wesis ting And Of Subject To Public inspection As Per F.S. 288.0105.