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HomeMy WebLinkAboutBOA 1985 Minutese tLE cis ->ti, BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 18, 1985 A MEETING OF THE 'BOARD -OF ADJUSTMENT WAS HELD ON NOVEMBER 18, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED: THE MEETING. TO ORDER AT 7135 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE: RUSSELL LLOYD.- CHAIRMAN .THOMAS. JONES VICE CHAIRMAN ROBERT LAWS ANN THURM NELLY CARDINALE FIRST ALTERNATE RONNIE FARMER. .SECOND ALTERNATE MEMBERS ABSENT WEREt MARILYN RIGERMAN OTHERS PRESENT.WEREt JAMES THERIAC CITY ATTORNEY ANTIS GUNN BUILDING OFFICIAL BARBARA CASCELLA SECRETARY MR. LAWS MOVED'TO APPROVE. THE MINUTES OF NOVEMBER 4, 1985 AS WRITTEN. MR. JONES SECONDED MOTION., NOTION PASSED UNANIMOUSLY. NEW BUSINESS MR. LAWS; MOVED TO ADDRESS ITEM 2 ON THE AGENDAINSTEAD OF STARTING WITH, ITEM 1. MRS.THURM SECONDED NOTION. VOTE ON THE MOTION WAS:UNANIMOUS. ITEM 2. REQDEST NO. 85-17 —SPECIAL EXCEPTION TO CONDUCT AU' LES i RENTALS IN A C- ZONE 5, TWP{8,. RGE� E, PARCEL (La'ATEO ON ASTRONAUT BLVD IMMEDIATELY SOUTH OF GATEWAY TO THE STARS) PETITIONER ZS OWNER( BRUCE TAY R MR. TAYLOR WAS IN ATTENDANCE AND EXPLAINED TO THE BOARD MEMBERS THE NATURE OF HIS BUSINESS; HE STATED THAT HE. SUPPLIES CARS WHOLESALE TO DEALERS IN THE SURROUNDING AREA. BE IS NOT OPEN TO THE PUBLIC AND DOES NOT DEAL IN RENTALS OR RETAIL SALES. IN RESPONSE TO A QUESTION FROM THE BOARD, MR. TAYLOR STATED THAT HE WOULD NOT BE. DOING ANY SERVICE WORK ON THE PROPERTY. THE CITY BUILDING OFFICIAL, ARTIS GUNN, REVIEWED FOR THE BOARD, THE RECOMMENDATIONS OF THE PLANNING, AND ZONING BOARD ON MR. TAYLOR'S REQUEST. 'DISCUSSION CONTINUED. • 0 'HAIRMAN RUSSELL LLOYD OPENED THE FLOOR FOR DISCUSSION. MR. 'IOM WASDIN, WHO WAS REPRESENTING STOTTLER STAGG, EXPRESSED HIS CONCERNS ABOUT FUTURE USE OF 'THE PROPERTY IF THE SPECIAL EXCEPTION WAS GRANTED, MR. WASDIN FURTHER NOTED THAT THE MAXIMUM NUMBER OF VEHICLES ALLOWED (ONE OF THE REQUIREMENTS SPECIFIED. BY THE PLANNING AND ZONING BOARD), IN HIS OPINION WAS'TOO MANY. DISCUSSION CONTINUED, CHAIRMAN RUSSELL LLOYD RECOMMENDED APPROVAL OF THE SPECIAL EXCEPTION ALONG WITH THE FOLLOWING. RESTRICTIONS RECOMMENDED BY THE PLANNING AND ZONING BOARD= 1. MAXIMUM 100 AUTOS AT ONE TIME. 2. INSTALLATION OF PERMANENT PENCE 3. NO PARKING WITHIN THE EASTERN 25 FEET OF THE REQUIRED FRONT SETBACK, A. EXCLUSIVE WHOLESALE. AUTO,SALES AND NOT AUTO RENTALS. MR. JONES MOVED TO APPROVE REQUEST NO. 85-14 SUBJECT TO THE REQUIREMENTS SET FORTH BY THE PLANNING AND ZONING BOARD. MRS. CARDINALE SECONDED: MOTION. MOTION :PASSED UNANIMOUSLY. 'ITEM 1. ANNUAL ELECTION OF CHAIRMAN AND VICE CHAIRMAN MR. JONES NOMINATED RUSSELL LLOYD AS CHAIRMAN OF THE BOARD OF ADJUSTMENT. MR. LAWS MOVED THE NOMINATIONS BE CLOSED. MRS. THURM SECONDED MOTION. NR'. RUSSELL LLOYD WAS ELECTED, CHAIRMAN BY ACCLAMATION... MR. LAWS NOMINATED MR. TOM JONES FOR OFFICE OF VICE-CHAIRMAN. MR. LLOYD MOVED THE NOMINATIONS BE CLOSED. MRS,THURM SECONDED MOTION, 'MR, TOM JONES WAS ELECTED VICE CHAIRMAN BY ACCLAMATION. THERE BEING NO FURTHER BUSINESS, THE 'NESTING WKS ADJOURNED AT B-10 P,N. .A APPROVED :THIS t1 DAY OF�+u ChaLrman . Barbara Calicellal Secretary 0 0FILE COPY BOARD OF ADJUSTMENT REGULAR. MEETING. NOVEMBER 4. 1985 A MEETING OF THE. BOARD OF ADJUSTMENT WAS HELD ON ,NOVEMBER. 4, 1985 AT CITY HALL, 105 POLK. AVENUE*. CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7t90 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE$ RUSSELL LLOYD CHAIRMAN THOMAS JONES VICE CHAIRMAN ROBERT LAWS MARILYN RIGERMAN NELLY CARDINALE. FIRST ALTERNATE MEMBERS ABSENT. WEREi ANN THURM RONNIE FARMER SECOND ALTERNATE OTHERS PRESENT WERE't -- JANES THERIAC CITY ATTORNEY ARTIE GUNN BUILDING OFFICIAL BARBARA CASCELLA SECRETARY '- CHAIRMAN RUSSELL LLOYD CORRECTED THE MINUTES OF SEPTEMBER 9, 1985 BY ADDING THE WORDS "NEXT TO". IN THE FIRST SENTENCE UNDER NEW BUSINESS. CHAIRMAN LLOYD MOVED TO APPROVE. THE MINUTES, OF SEPTEMBER 9, 1485 AS CORRECTED. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1.8E2 NO. 85-16 - VARIANCE TO SEC 637.25 R-2 AREA i D ME SIGN B CATIONS SEC TWP S RGB 8 B K AVON BY HE EA'-ETITIO0EA _ OWNER ROBERT i JYTTESTYER. CHAIRMAN R. LLOYD REVIEWED FOR THE BOARD MEMBERS AND AUDIENCE THE APPLICANT'S REQUEST FOR A VARIANCE,. MR. STYER, THE PETITIONER, WAS 10 ATTENDANCE AND', EXPLAIINEO HIS REASONS FOR HIS REQUEST FOR THE VARIANCE. HE INDICATED THAT,'IP APPROVED, HE PLANNED ON, BUILDING A SINGLE FAMILY DWELLING CONSISTING OF 640 SQUARE FEET AS OPPOSED TO THE 1,100 SQUARE FEET MINIMUM REQUIREMENT. MR, STYLER WAS OF THE OPINION THAT THE REDUCED AREA DIMENSIONS OF HIS PLANNED HOUSE WERE IN ACCORDANCE WITH THE SMALL'SIZE OF HIS LOT. BOARD OF AOJLSMV P MEETING NOVEMBER 4, 1985 PACE 1 OF 2 0 0 * 0 FjLE CUr'Y BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 9, 1985 A MEETING OF. THE BOARD OF ADJUSTMENT WAS HELD ON SEPTEMBER, 9, 1985 AT CITY HALL, 105POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 700 P.M. ','ill: SECRETARY CALLED THE ROLL. MEMBERS PRESENT WEREt RUSSELL LLOYD, CHAIRMAN THOMAS JONES VICE CHAIRMAN.-. ROBERT LAWS ANN THURM NELLY CARDINALE FIRST ALTERNATE 'RONNIE FARMER 'SECOND ALTERNATE MEMBERS ASSENT WERES MARILYN RIGERMAN OTHERS PRESENT WERET DANIEL ENNIS.. DEPUTY CITY ATTORNEY JEFF'ECKLEY CODE ENFORCEMENT OFFICER BARABARA CASCELLA SECRETARY. MR. JONES MOVED TO APPROVE THE MINUTES OF AUGUST 19, 1985 BOARD OF ADJUSTMENT MEETING. MRS. CARDINALE SECONDED MOTION. MOTION PASSED'. UNANIMOUSLY. NEW BUSINESS ITEM 1 RE UEST NO. 85-15 - VARIANCE TO SECTION 639.61 (Cl TO INSTAL DI H A ENHA I SIDE YARD. LOT BLOCK 13 AVON BY THE S SBC TWP !1S RGE 6 TED AT D SON'A NO ET NER _ O B . JAME P. MORRIS. THE APPLICANT MR. MORRIS WAS IN ATTENDANCE AND EXPLAINED /NEXT TO •. THAT BECAUSE HIS RESIDENCE IS A TWO STORY BUILDING, THE 10 POUT MAXIMUM HEIGHT'REQUIREMENT WOULD BE A HARDSHIP SINCE THE DISH ANTENNA WOULD BE OBSTRUCTED BY THE HOUSE. HE NOTED HE. WOULD REQUIRE A HEIGHT OF'APPROXIMATELY I5 TO 16 FEET FOR PROPER RECEPTION. MR. MORRIS FURTHER EXPLAINED THAT THE REQUIRED MAXIMUM DIAMETER OF 8 FEES IS NOT ADEQUATE FOR GOOD RECEPTION. MR. RON BURTO.OF N i R STAR SATELLITE WAS IN ATTENDANCE AND EXPLAINED ART ENNAS AND SATELLITE RECEPTION TO THE BOARD. DISCUSSION CONTINUED.' BOARD OF ADJUSUGM MEETING SEpTEMNS 9, 1985 PALE 1 OF 2 -Amended on 11-4-85 0 0 JEFF ECKLEY, THE CITY'S CODE ENFORCEMENT OFFICER, RECAPPED IHE BOARD THE DISCUSSION OF THE PRIOR PLANNING AND ZONING -ARD MEETING IN WHICH THIS VARIANCE REQUESTWAS HEARD. HE EXPLAINED THAT THE PLANNING, AND ZONING BOARD RECOMMENDED APPROVAL of THE VARIANCE WITH REFERENCE TO THE HEIGHT OF THE ANTENNA. AFTER MUCH DISCUSSION, THE .GENERAL CONSENSUS WAS THAT THE , W)INANCE AS WRITTEN CREATES A HARDSHIP FOR DISH:ANTENNA OWNERS A,;D SHOULD BE RE-EVALUATED. MR. LAWS MOTIONED TO POSTPONE THIS REQUEST. UNTIL THE 1,FPLICANT REQUESTS THE BOARD OF ADJUSTMENT. TO MEET 'AGAIN. MRS. AHDINALE SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. REQUEST NO. 85-15 WAS POSTPONED. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. AT 9:10 P.M. APPROVED THIS DAY OF ATTEST: Barbara Casce a, Secretary BOARD OF ADJUMAENi' MEE IlRG SEPTEMBER 9, 1985 PAGE 2 OF 0 FILE COPY BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 19, 1995 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON AUGUST 19,. 1985 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD. CALLED THE MEETING TO ORDER AT 705 P.M. THE SECRETARY CALLED .THE ROLL. MEMBERS PRESENT WERE, RUSSELL LLOYDCHAIRMAN THOMAS JONES`. VICE CHAIRMAN: ROBERT LAWS RONNIE FARMER SECOND ALTERNATE MEMBERS ABSENT WERE, MARILYN RIGERMAN' ANN THURM NELLYSOSA ''FIRST ALTERNATE OTHERS PRESENTWEREs JOSEPH SCOTT CITY ATTORNEY. .JEFF ECKLEY CODE ENFORCEMENT OFFICER BARBARA CASCELLA SECRETARY MR. LAWS MOVED TO APPROVE. THE MINUTES OF,JULY'22. 1985 AS WRITTEN.. MR. JONES SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST N0 ' 85-14 - VARIANCE.TO REDUCE NUMBER OF PARKING SPACES Sc. TWP. 2 S RGE. 37E BLOCK ILOT LOCATED AT -6 ADAMS AVENUE - - TIO EAS ARE WNERS. WILLIAM i JANICE GISLER. THE APPLICANTS, MR. AND NRS. WILLIAM. GISLER, WERE .,NOT IN ATTENDANCE. CHAIRMAN LLOYD EXPLAINED THAT IN ORDER FOR THE VARIANCE TO BE APPROVED, AN AFFIRMATIVE VOTE BY ALL FOUR MEMBERS WOULD BE NECESSARY. MR. JOHNSON AND MR. BERGER, BOTHRESIDENTS,, EXPRESSED THEIR. CONCERNS OVER THE PARKING PROBLEMS' IN. THAT AREA. FOLLOWING DISCUSSION, MR. LAWS MOVED FOR DENIAL OF THE VARIANCE. VOTE ON THE MOTION WAS UNANIMOUS REQUEST No. 85-14 WAS DENIED. THERE BEING �NO' FURTHER'BUSINESS, THE MEETING WAS ADJOURNED; AT 7:50 P.M. BOARD OF ADJUSTMENT MMTINI AUGUST 19, 1985 PAGE 1 OF 2 0 MLE COPY BOARD OF ADJUSTMENT REGULAR MEETING JULY 22., 1985 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JULY 22, 1985 AT CITY HALL,. 105 POLK AVENUE, CAPE' CANAVERAL,, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 7e30 P.M. THE SECRETARY CALL THE .ROLL. MEMBERS.' PRESENT 'WERE$ RUSSELL LLOYD CHAIRMAN` THOMAS JONES.' 'VICE CHAIRMAN 'ROBERT LAWS 14ARILYN RIGERMAN ANN THURM NELLY SOSA FIRST ALTERNATE RONNIE FARMER SECOND ALTERNATE OTHERS PRESENT WERE$ - JOSEPH SCOTT ` CITY ATTORNEY KATHY PFIRMAN. 'SECRETARY. MRS. THURM MOVED �TO APPROVE THE .MINUTES OF JUNE 17TH AS WRITTEN. MR.. LAWS SECONDED MOTION, MOTION PASSED UNANIMOUSLY, NEW BUSINESS ITEM 1. RE VENO. 85-11 — SPECIALEXCEPTIONTO CONSTRUCT TOWNST HOUSES IN A C— $ONE IAT C— . TUETONS S D, 5 C TWP 8 RGE 5 E IACATED ON N. ATLANTIC AVE DIRECTL OUTH OF OCEAN WOODS OFFICE CONDOMINIUM - �TIONER IS OWNER LAKE HANCOCK VILLAS, INC., WILLIAM BENNIX PRESIDENT MR. MURPHY STATED THAT HE WAS REPRESENTING. MR. BENNIX IN THE MATTER. HE FURTHER STATED THAT HE FELT THAT THE PROPERTY. WOULD BE BEST USED RESIDENTIALLY AND THAT IT WOULD BE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD: MR. GOULD, OWNER OF A MOBILE HOME PARK LOCATED ACROSS THE STREET, INDICATED THAT BE HAD NO OBJECTION TO THE RESIDENTIAL USE. FOLLOWING DISCUSSION, MR. LAWS MOVED TO APPROVE .REQUEST NO - 85 -11. MS. RIGERMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. UEST N0. 85-12 — SPEC EXCEPTION TO CONSTRUCT TOWNHOUSES IN A C- ZONE SEC 2 TWP 2�S RGE NE, TRAC2 SP I H CO ION LOCATED AT BENNIX MR. MURPHY INDICATED THAT MR. BENNIX WISHED TO CONSTRUCT TOWNHOUSE UNITS ON THIS PROPERTY AND THAT THIS PROPERTY IS SURROUNDED BY RESIDENTIAL USES. NS., ELLEN TUSSMAN, OWNER OF.. PROPERTY JUST NORTH, STATED THAT SHE WAS CONCERNED THAT, AFTER BDARD OF A03LISDGM MELTING JULY 22, 1985 PAGE 1 OF 2, DEVELOPMENT WATER WOULD RUN OFF ONTO ITER PROPERTY. CHAIRMAN LLOYD ASSURED HER THAT ANY PLANS WOULD HAVE TO RE APPROVED BY THE CITY ENGINEERS AND WOULD HAVE TO MEET ALL DRAINAGE REQUIREMENTS. %LL Lvr r BOARD OF ADJUSTMENT REGULAR MEETING JUNE 17, 1985 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JUNE 17, 1985 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING. TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WEREi - RUSSELL LLOYD CHAIRMAN TOM JONES- VICE-CHAIRMAN ROBERT LAWS ANN THURM NELLY SOSA ALTERNATE OTHERS PRESENT WEREt JOSEPH SCOTT ,CITY ATTORNEY JEFFREY ECXLEY. CODE ENFORCEMENT OFFICER .BARBARA CASCELLA SECRETARY MEMBERS ABSENT* MARILYN RIGER14AN IN REVIEWING THE MINUTES OF THE JUNE 3, 1985 BOARD OF ADJUST- MENT MEETING, MRS. THURM CORRECTED THE NAME OF THE CITY RESIDENT WHO SPOKE IN FAVOR OF THE SPECIAL EXCEPTION AND ALSO ADDED. THE WORD "EVER" IN THE PARAGRAPH SPECIFYING THE CONDITIONS OF THE GRANTING OF THE SPECIAL EXCEPTION. MRS. THURM MOVED FOR APPROVALOF THE W MINUTES AS CORRECTED. MR. LAWS SECONDED MOTION. )MOTION PASSED UNANIMOUSLY, NEW BUSINESS ITEM 1. REQUEST NO. 85-10 - VARIANCE TO REDUCE MINIMUM LIVING AREA FROM 450 SQUARE FEET TO 264SQUARE FEET; TWP 24 SEC 23 RGE '� AVON-BY-THERSEA BLACK 17, LOT 10 LOCATED AT 'S 2 MADISON AVENUE). PETITIONER I5 LEON D. WATTS AGENT FOR JAMES R. WELCH. CHAIRMAN LLOYD OPENED THE FLOOR FOR DISCUSSION.. THE PETITIONER; ATTORNEY LEON D. WATTS, WAS NOT IN ATTENDANCE. MR. LLOYD EXPLAINED THAT THE ZONING :ORDINANCE FOR R-2 RESIDENTIAL DOES REQUIRE THAT THE MINIMUM LIVING AREA BE 450 SQUARE FEET. SEVERAL RESIDENTS WERE PRESENT AND INDICATED THEIR DISAPPROVAL OF THE VARIANCE. MR. LAWS MADE A NOTION TO DENY. THE.'VARIANCE'. MRS. THURM SECONDED THE MOTION. NOTION CARRIED UNANIMOUSLY. REQUEST NO. 85-10 BMW OF ADJUSTMER' MEEPING JUNE 17, 1985 PAGE 1 OF 2 .. 'l5 DENIED FILE COPY BOARD OF ADJUSTMENT. REGULAR MEETING JUNE 3, 1985 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JUNE 3, 1985 AT CITY HALL, 105 POLK. AVENUE, CAPE CANAVERAL, FLORIDA. VICE- CHAIRMAN T. JONES CALLED THE MEETING TO ORDER AT 7135 P.M. THE SECRETARY CALLED THE ROLLS MEMBERS PRESENT WERE$ RUSSELL_LL.OYD CHAIWIAN TOM JONES .VICE-CHAIRMAN ROBERT LAWS ANN THURM MARILYN RIGERMAN NELLY SOSA -. ALTERNATE OTHERS PRESENT WERE, - JOSEPH SCOTT CITY ATTORNEY JEFFREY ECKLEY CODE ENFORCEMENT OFFICER BARBARA CASCELLA SECRETARY. WAYNE RUTHERFORD - MAYOR JERRY FISCHETTI COUNCILMAN'S LAMAR RUSSELL CHAIRMAN.,. PLANNING 1. ZONING BOARD MRS. THURM MOVED FOR APPROVAL OF. THE MINUTES OF THE MAY 6.'1985 BOARD OF ADJUSTMENT MEETING. MS. RIGERMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1.RE BEST 'N0. 85-9'- SPECIAL EXCEPTION TO CONSTRUCT SHOPPING CENTER IN M-1 LONE SECTION 1 TOWNSHIP 21 SOUTH RANGE 37 EASTY PORTION OF TRACT 750 LOCATED ON EAST SIDE OF ASTRONAUT BLVD. i SOUTH OF ROCKWELL INTERNATIONAL PETITIONER IS JOHN J. KABBOORD TRUSTEE FOR CEVESCO. INC. VICE CHAIRMAN JONES REVIEWED THE APPLICATION FOR THE SPECIAL EXCEPTION. AT THIS TIME CHAIRMAN LLOYD ARRIVED AND CHAIRED THE MEETING. PETITIONER JOHN J.'KABBOORD WAS .PRESENT AND EXPLAINED TO THE BOARD THAT THE, PROPERTY IS PRESENTLY ZONED M-1, .LIGHT IN,DUSTRIAL.. AND IF THE SPECIAL EXCEPTION WAS APPROVED, FOR COMMERCIAL USE, THERE WERE PLANS TO DEVELOP THE 12 1/2 ACRES FOR A., SHOPPING CENTER. HE FURTHER INDICATED THAT THEY HAVE BEEN IN CONTACT WITH SEVERAL PRIMARY OR ANCHOR TENANTS (FOOD AND DRUG STORE CHAINS). BUT UNTIL ZONING AND USEAGE ARE .APPROVED, THEY ARE AT A STAND STILL WITH PROSPECTIVE TENANTS.. DISCUSSION CONTINUED BETWEEN THE BOARD' DOW OF ADRSMIM MEETING JUNE 3, 1985 PAGE 1 OF 2 ?:EMBERS AND MR. KABBOORD. MRS. THURM EXPRESSED CONCERN OVER THE POSSIBILITY OF NOT LOCATING AN ANCHOR TENANT.. THE POSSIBILITY OF A TIME LIMIT FOR THE SPECIAL EXCEPTION WAS DISCUSSED. CITY ATTORNEY J. SCOTT STATED THAT A CONDITIONAL SPECIAL EXCEPTION IS LEGAL AS LONG AS THE APPLICANT. IS AGREEABLE. DURING THE. ENSUING DISCUSSION MRS, THURM INDICATED THAT THE LAND USE PLAN,,PRESENTLY BEING REVIEWED BY THE. LOCAL PLANNING AGENCY, WILL POSSIBLY CHANGE THE ZONING AND PREFERED WAITING FOR THAT., *TOM. GRIFFIN CHAIRMAN LLOYD OPENED THE FLOOR FOR DISCUSSION., MR.,deMM aRlPR4TH, A RESIDENT. OF THE CITY,. VOICED HIS APPROVAL OF THE SPECIAL EXCEPTION. ALSO IN ATTENDANCE AND SPEAKING IN FAVOR OF THE PROJECT WERE MAYOR RUTHERFORD, .COUNCILMAN JERRY FISCHETTI, AND PLANNING AND ZONING BOARD CHAIRMAN, LAMAR RUSSELL. CHAIRMAN LLOYD READ A LETTER FROM MICHAEL TROSTOF FORD CONCEPTS STATING THEIR APPROVAL OF THE SHOPPING CENTER. MS. EIGERMAN BROUGHT LP THE POTENTIAL TRAFFIC PROBLEM ON AIA WITHOUT A TRAFFIC LIGHT. DISCUSSION ENSUED ABOUT DOT REQUIRING A LIGHT AND THE DEVELOPER PAYING FOR IT. MR. JONES MADE A MOTION'TO APPROVE, REQUEST, NO. 85-9 WITH THE FOLLOWING CONDITIONS; THAT THIS APPROVAL. WILL EXPIRE IN 18 MONTHS IF AN ACCEPTABLE SITE PLAN IS NOT SUBMITTED FOR A'SHOPPING CENTER AND IF A TRAFFIC LIGHT: AT THE SITEI IS/REQUIRED BY DOT, IT WILL BE FUNDED BY THE DEVELOPER, MS. RIGERMAN SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.. MRS. THURM MOVED TO ADJOURN THE MEETING. MS. RIGERMAN SECONDED MOTION. 'THERE BEING NO. FURTHER BUSINESS, 'THE MEETING WAS ADJOURNED AT 8:30. n 64 AFib zman 'i( k bale (odhY Secretary -Amended June 17, 1985' BOARD OF AAR7SOm MEEPING JUNE 3, 1985 PACE 2'OF 2 FILE C&I BOARD OF ADJUSTMENT REGULAR MEETING MAY 6, 1985 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON MAY 6, 1985 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7:35 P.M. THE SECRETARY CALLED TIIE ROLLS MEMBERS PRESENT WERE: RUSSELL LLOYD CHAIRMAN TOM 'JONES , VICE-CHAIRMAN ROBERT LAWS ANN. THURM MARILYN RIGERMAN NELLY SOSA ALTERNATE - OTHERS PRESENT WEREt JOSEPH SCOTT CITY ATTORNEY` ARTIS GUNN BUILDING' OFFICIAL BARBARA CASCELLA SECRETARY CHAIRMAN LLOYD ASKED FOR A MOTION TO APPROVE THE MINUTES OF MARCH 18, 1985 BOARD OF ADJUSTMENT MEETING.' MR. LAWS. MOVED FOR APPROVAL. MR. JONES SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS' ITEM 1.REQUEST NO. BS-6CFOR A SPECIAL EXCEPTION TO CONSTRUCT TOWNHOUSES IN A C-1 ZONE IN SECTION 3 TOWNSHIP RANGE E LATS 'i .BLACK AVON -BY -THE - SEA 11,10CATED AT N:W. CORNER pF MADISON& POINSETTA . FETITIONER 15 JOHNSON L. MURPHY JR FOR C DAVIDSON, OWNER. MR. MURPHY WAS PRESENT AND EXPLAINED THAT HE INTENDED TO CONSTRUCT SIX TOWNHOUSES ON THE THREE LOTS FOR MR. DAVIDSON, THE OWNER. _.. CHAIRMAN LLOYD OPENED THE FLOOR FOR DISCUSSION AND JAMES MORRIS,. OWNER OF LATS I1 AND 12., VOICED HIS OBJECTION TO. THE TOWNHOUSES.' THE BOARD WAS IN AGREEMENT THAT THE PROPOSED USE WAS IN KEEPING WITH THE AREA,. MRS. THURN MOVED FOR APPROVAL OF REQUEST NO. '85-6, MS. RIGERMAN SECONDED MOTION.. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 2. REQUEST NO. 85-7r FOR ASPECIAL EXCEPTION 'TO CONSTRUCT A MULTI -FAME_ Y DWELLING IN A C- LONE. SECTION 2T. TOWNSHIP TIMI NO E IAT 3 BLOCK li AVOd-MY-THE- SEA MADISON AVENUE PETITIONER'IS NUNzm t:`ataNGA FOR OWNERS. PASQUALS AND SALLY S CIGNANO. - BOARD OF ADJISA$NP mEerING MAY 6. I985,. PAGE 1 OF 2 • 0 THE PETITIONER AND OWNERS WERE NOT PRESENT AT THE MEETING. 0 0FILE C t'Y BOARD OF ADJUSTMENT REGUTAR MEETING MARCH 18, 1985 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON MARCH 18, 1985 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.' CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7130 P.M. THE. SECRETARY CALLED, THE ROLL. MEMBERS PRESENT WERE' RUSSELL LLOYD CHAIRMAN TOM JONES. VICE-CHAIRMAN ROBERT LAWS ANN THURM MELLY'SOSA ALTERNATE MEMBERS'ASSENT WERE' MARILYN RIGERMAN JO BARR ALTERNATE OTHERS PRESENT' JOSEPH SCOTT CITY ATTORNEY - ARTIS GUNN BUILDING OFFICIAL BARBARACASCELLA .SECRETARY CHAIRMAN LLOYD ASKED FORA MOTION To APPROVE THE MINUTES OF JANUARY 28, 1985 BOARD OF ADJUSTMENT MEETING. MRS. THURN MOTIONED FOR APPROVAL, R. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST NO. 85-5 FOR A VARIANCE TO REDUCE NUMBER OF PARKING SPACES IN SECTION 'TOWNSHIP S, MANGE E ALL OF BLOCK 5'AVON-BY-THE-SEA CANAVERAL TOWER9CONDOMINIUM LOCATED AT 24U RIDGEWOOD AVENUE PETITIONER IS WILL M. CARMICHAEL. THE PETITIONER MR. WILLIAM CARMICHAEL WAS. PRESENT AND INTRODUCED ATTORNEY ALLEN MCCOR14ICK WHO IS .THE OWNER OF SEVERAL UNITS IN CANAVERAL TOWERS AND IS ON THE BOARD OF. DIRECTORS FOR THE CONDOMINIUM ASSOCIATION. MR. MCCORMICK SPOKE, ON BEHALF OF THE ASSOCIATION AND REQUESTED THAT THEY BE ALLOWED A TWO WEEK EXTENSION SINCE THE ARCHITECT IS NOT FINISHED FINALIZING .THE PROPOSED CHARGES AND FEASIBILITY STUDY AND IT APPEARS�THAT THEY WILL NEED FEWER SPACES THAN ORIGINALLY REQUESTED. R. LAWS MOVED FOR POSTPONEMENT FOR TWO WEEKS.CHAIRMAN LLOYD SECONDED., MOTION. VOTE ON THE .MOTION WAS AS FOLLOWS' AGAINST; MR. JONES, MRS. THURM, MISS SOSA PORI MR. LAWS, MR. LLOYD. NOTION FOR POSTPONEMENT WAS DENIED. BOARD OF ADJUSlIGN1' MEETING MOBN 18, 1985 PACE 1 OF 2 MCCORMICK CONTINUED DISCUSSION STATING THAT A SERIOUS 2,1 -PURITY PROBLEM EXISTS BECAUSE OF THE LACK OF GARAGES IN THE PARKING AREA. HE FURTHER STATED. THAT THE BUILDING IS ELEVEN (11) YEARS OLD AND AT THE TIME OF CONSTRUCTION THEY DID NOT FEEL THE GARAGES WERE NECESSARY, BUT WOULD NOW. LIKE TO .UPGRADE THE BUILDING BY CUTTING BACK ON, THE NUMBER OF CARPORTS. HE ALSO NOTED THAT THE EXISTING SIX (6).FOOT HEDGE, WHICH WAS DAMAGED BY THIS WINTERPS FROST, WOULD NOW HAVE TO BE FOUR (4) FEET TO CONFORM WITH CITY REGULATIONS AND FURTHER ADDS TO SECURITY PROBLEMS IN THE PARKING AREA.. HE EXPLAINED THAT THE EXISTING 178PARKING SPACES WERE NOT NECESSARY AND THEREFORE A PORTION OF THE CARPORT AREA WOULD-BE USED FOR GARAGES.. DISCUSSION CONTINUED AND CHAIRMAN LLOYD REVIEWED THE LIST OF QUESTIONS FOR A VARIANCE AND NOTED A HARDSHIP HAD NOT. BEEN DEMONSTRATED. MR.. McCORMICK AGAIN REQUESTED THE EXTENSION OF TWO (2) WEEKS' FOR THE ARCHITECT'S RENDERING:. MRS. THURM MOTIONED THAT REQUEST NO. 85-5BE .DENIED. MR. JONES SECONDED THE MOTION. VOTE ON, THE MOTION WAS AS FOLLOWS: FOR. DENIAL; MR. JONES„ MR. LAWS, MR. LLOYD, MRS. THORN,: MISS SOSA, REQUEST 85-5 DENIED. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:20. P.M. Chairman Secretary BOARD OF ADJUSTMENT MEETING Ii21&, 1985 0 0 BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 28, 1985 A MEETING OF TUE BOARD OF ADJUSTMENT WAS HELD ON JANUARY 28, 1985 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN. LLOYD CALLED THE MEETING TO ORDER AT 700 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WEREt RUSSELL LLOYD CHAIRMAN 'TOM JONES VICE-CHAIRMAN ROBERT LAWS MARILYN RIGERMAN ANN THURM -ALTERNATE NELLY SOSA MEMBERS ABSENTt JO BARR ALTERNATE OTHERS. PR ESENTt JOSEPH SCOTT ..CITY ATTORNEY JEFFREY ECELEY - CODE. ENFORCEMENT OFFICER BARBARA CASCELLA 'SECRETARY, CHAIRMAN LLOYD ASKED FOR 'A MOTION TO APPROVE THE MINUTES OF JANUARY 7, 1965 BOARD OF ADJUSTMENT MEETING. 'R. LAWS MOTIONED FOR APPROVAL. A. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM I. REQUEST NO 85-2FOR A VARIANCE TO ALLOW A.61 SOLID CONCRETE WALL ON A PARCEL OF LAND IN SECTION 4 TOWNSHIP ec. RANGE E VILLAGES OF SEAPORT,` LOCATED AT 8850NORTH ATLANTIC AVENUE PETITIONER ISM. CRAI 'SCOTT AGENT FOR MAXI -HOMES JOINT VENTURE, ATTORNEY JIM REINMAN, REPRESENTING MAXI -HOMES JOINT VENTURE, WAS IN ATTENDANCE AND EXPLAINED THE PURPOSE OF THE 6' WALL. ,THE 6' HIGH SOLID MASONRY WALL WOULD ACT. AS A BUFFER FOR SOUND AND LIGHT FOR THE NORTH BORDER BETWEEN HARBOR HEIGHTS SUBDIVISION AND: THE SOUTH BORDER OF VILLAGES OF SEAPORT. THE BUFFER LONE IS OWNED BY VILLAGES OF SEAPORT AND WOULD BE MAINTAINED BY THE VILLAGES. ATTORNEY REINMAN STRESSED THAT BOTH THE DEVELOPER AND THE RESIDENTS OF HARBOR HEIGHTS ARE IN MUTUAL AGREEMENT WITH THE CONSTRUCTION OF THE SOLID WALL. LAMAR RUSSELL,CHAIRMAN;OF THE PLANNING AND BONING BOARD OF THE CITY OF CAPE CANAVERAL, WAS PRESENT AND SPOKE IN FAVOROF THE, 6' SOLID WALL AND RECAPPED THE MUTUAL AGREEMENT, BETWEEN HARBOR HEIGHTS RESIDENTS AND VILLAGES OF SEAPORT DURING NEGOTATIONS FOR SITE PLAN BOARD OF ADJUSTMENT RDAAAR MEETING JANUARY 28, 1985 PAGE 1 OF 3 HARBOR HEIGHTS RESIDENTS BEATRICE HYDE, M.H. GARF. AND BERT IRA!:CIS WERE IN ATTENDANCE AND VOICED THEIR APPROVAL OF THE 6' WALL. MR. FRANCIS STATED HIS ONLY CONCERN WAS THAT, THE VILLAGES OF SEAPORT WOULD MAINTAIN THE AREA IN THE FUTURE. BOARD MEMBERS R. LAWS AND M. RIGERMAN DID NOT FEEL THAT THE DEVELOPER HAD DEMONSTRATED A SUFFICIENT HARDSHIP. TO GRANT THE,. VARIANCE. R. LLOYD ADDED THAT CAR HEADLIGHTS ARE NOT ABOVE 4 FEET THEREFORE WOULD NOT CREATE A PROBLEM FOR HARBOR HEIGHTS RESIDENTS.. CHAIRMAN LLOYD ASKED FOR A MOTION Or APPROVAL. T. JONES MOVED FOR APPROVAL. A. THURM SECONDED MOTION, VOTE ON THE MOTION WAS :S FOLLOWS3 AGAINST, R. LAWS, R. LLOYD, M. RIGERMANI FOR, T. JONES, A. THURM. MOTION FAILED. REQUEST 85-2 DENIED. ITEM 2. RE UEST'NO 85-3 FOR A VARIANCE TO REDUCED THE SETBACK TO ALLOW A GUAADHOUBE ON A PARCEL OF LAND IN SEION TOWNSHIP2"' 4S INGE E VILLAGES OF' SEAPORT LOCATED AT 8 NORTH ATLANTIC A ENUE PETITIONER IS M, CRAIG SCOTT 'AGENT FOR MAXI -HOMES JOINT V TUBE. ATTORNEY JIM REINMAN, REPRESENTING MAXI -HOMES JOINT VENTURE, 13RIEFLY EXPLAINED THAT THE GUARDHOUSE WOULD BE LOCATED WITHIN THE 50' SETBACK AT THE ENTRANCE TO THE DEVELOPMENT ON NORTH ATLANTIC AVENUE. HE STATED A GUARDHOUSE IS NEEDED FOR SECURITY PURPOSES FOR THE RESIDENTS OF THE VILLAGES OF SEAPORT AND WOULD POSE A.HARDSHIP IF DISALLOWED SINCE THERE IS NO OTHER LOCATION TO PLACE THE STRUCTURE. BRIAN BUSSENOF BUSSEN ENGINEERING WAS IN ATTENDANCE AND STATED WHEN THE ORIGINAL SITE PLAN FOR THE VILLAGES WAS APPROVED FOR PHASE I,THE GUARDHOUSE WAS ON THE PLANS. WHEN THE CITY ENGINEERS REVIEWED THE PLAN THEY ,DECIDED IT WAS AN OVERSIGHT IN ALLOWING THE GUARDHOUSE WITHIN THE 50' SETBACK. HE FURTHER NOTED. THAT AT THIS STAGE Or DEVELOPMENT THERE WOULD BE NO OTHER. SATISFACTORY LOCATION FOR THE STRUCTURE. A GUARDHOUSE IS PLANNED FOR THE. EAST ENTRANCE TO THE DEVELOPMENT BUT THAT WILL NOT BE OPEN AT THE PRESENT TIME. .DISCUSSION CONTINUED. THE CONSENSUS OF THE. BOARD WAS THAT THE DEVELOPER HAD SHOWN NO GROUNDS FOR HARDSHIP. M. RIGERMAN MOTIONED FOR DENIAL OF THE VARIANCE. R. LAWS SE60NDED MOTION. VOTE ON THE MOTION WAS AS POLLOWSi. FOR, T. JONES, R. LAWS, R. LLOYD AND M. RIGERMANA AGAINST, A. THURM. REOUEST 85-3 DENIED. BOARD OF ADJISVM REGULAR MEETING JXAVIM 28, 1985 PALE 2 OF 3 TREHZ BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:55 N.M. BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 7, 1985 A MEETING OF THE BOARD OF ADJUSTMENT WAS. HELD ON JANUARY 7, 1485 AT CITY HALL,105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN RUSSELL LLOYD CALLED THE MEETING TO ORDER AT 700P.M. THE SECRETARY CALLED THE ROLL., MEMBERS PRESENT WEREt RUSSELL LLOYD CHAIRMAN TOM JONES :VICE-CHAIRMAN ROBERT LAWS - MARILYNRIGERMAN ANN THURM MEMBERS ABSENT$ JO BARR ALTERNATE OTHERS PRESENT$ JOSEPH SCOTT... -CITY ATTORNEY ARTIS GUNN - BUILDING OFFICIAL BARBARA CASCELLA 'SECRETARY IN REVIEWING THE. MINUTES OF THE DECEMBER LITH, MEETING, CHAIRMAN. LLOYD CORRECTED REFERENCES (UNDER ITEM 3) TO THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS NOTING THE BOARD'S CORRECT NAME. IS BUILDING CODE BOARD OFG ADJUSTMENTS AND APPEALS. CHAIRMAN LLOYDASKED FOR A MOTION TO APPROVE THE MINUTES, A$ CORRECTED. MRS,. THURM MOVED TO APPROVE SAID MINUTES. MS.-RIGERMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY.` UNFINISHED BUSINESS ITEM I. ANNUAL ELECTION.OF CHAIRMAN ANDVICE-CHAIRMAN POSTPONED 2-1 -8 MRS. THURM NOMINATED RUSSELL LLOYD FOR OFFICE OF CHAIRMAN. MR. JONES SECONDED THE MOTION, MR. JONES MOVED THE NOMINATIONS BE CLOSED. MS. RIGER14AN SECONDED THE MOTION. MOTION. CARRIED UNANIMOUSLY. MR. RUSSELL .WAS ELECTED CHAIRMAN By ACCLAMATION. MR. LAWS NOMINATED MR. JONES AS VICE-CHAIRMAN. MS, RIGERMAN SECONDED MOTION. MS RIGERMAN Mp%=NOMINATIONS AE CLOSED.. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. JONES WAS ELECTED VICE-CHAIRMAN BY ACCLAMATION• ITE14 2. VEST NO. 84-12 FOA A SPECIAL EXCEPTION TO ALLOW-' NULTI-FAMILY DWELLINGS IN A C- ZONING DISTRICT, TOWNSHIP 2 S RANGE E "SECTION5 TRACT 7 LOCATED ON ASTRONAUT BO ARD PETITIONER IS MICHAEL J. TROST AGENT FOR FORD CONCEPTS INC POSTPONED 2-11-841 DOM OF ADJUSnom MEETING JANUARY 3, 1985 PAGE 1 OF 3. MICHAEL TROST, EXECUTIVE VICE PRESIDENT OF FORD CONCEPTS. rx. (DEVELOPER OF TREASURE ISLAND PROJECT), RECAPPED THE PROJECT PLANS AND SPECIFICALLY, REQUESTED A SPECIAL EXCEPTION To CONSTRUCT TWO BUILDINGS - THREE STORIES EACH (22 UNITS) IN C -1 ZONE. DISCUSSION FOLLOWED ON THE SCREENING BUFFER BETWEEN THE COMMERCIAL AND RESIDENTIAL ZONE. ARTIS GU 'MR. NN,. BUILDING OFFICIAL/ STATED THAT HE RECOMMENDED CHAIRMAN LLOYD A SCREENING SUFFER ON THREE SIDES OF THE PROJECT- .REM ASKED MR. 'TROST IF HE WOULD HAVE ANY OBJECTION TO THAT REQUIREMENT BEING MET. AND HE STATED NO. CHAIRMAN LLOYD. ASKED FOR A MOTION FOR APPROVAL OF. THE SPECIAL. I:IXCEPTION. 'MR. LAWS MOVED FOR APPROVAL OF REQUEST 84-12. MRS. THURI SECONDED MOTION. MOTION PASSED UNANIMOUSLY. !_F_W BUSINESS ITEM 1. REDUCE BETBACKSRE UWNSNIO. 8S'1RANE A SARSECTION23, LOT AVON-BY-THE-SEA'AN OCEANFRONT LOT BLOCK vv PETITIONERS BETWEEN ADAMS AVE ARu �c .ARE JAMES ROGERS i JACQUELINE tt+J*� PETITIONER JACQUELINE. HOWE WAS IN ATTENDANCE. CHAIRMAN LLOYD EXPLAINED. TO MS. HOWE THAT IN ORDER FOR THE VARIANCE -TO BE APPROVED Al' AFFIRMATIVE VOTE BY FOUR MEMBERS WOULD BE REQUIRED. MR. GUNN, EXPLAINED THAT AT THE TIME THE:ORIGINAL BUILDING PERMIT 14AS ISSUED ,LIN 19801 THE SETBACKS ON THE PROPERTY WERE 8 FEET ON SIDE AND 15�PEET ON THE FRONT, (THE FRONT OF THE PROPERTY 'BEING EACH IN FEBRUARY, ON THE OCEAN). WHEN THE ZONING ORDINANCE WAS REVISED 1983 THE LOT DIMENSIONS AND DEFINITION OF THE FRONT YARD WAS CHANGED; CONSEQUENTLY, THE FRONT OF THE PROPERTY IS NOW THE ALLEYWAY AND REQUIRES A 25 -FOOT SETBACK. THAT THEY PURCHASED THE MS. H : PROPERTY IN FEBRUARY. OWE STATED RDINANCE. THE 1984 AND WERE NOT .AWARE OF THE CHANGES IN THE ZOWING O BOARD MEMBERS AGREED THAT ALL CHANGES IN THE ..ORDINANCE AND IN THE PERMIT OCCURED PRIOR TO THE PURCHASEOF THEPROPERTY IN 1984. PROPERTY OWNER JOHN KARL ASKED HOW GRANTING OF THIS VARIANCE WOULD AFFECT OTHER. PROPERTIES IN THE AREA+ CHAIRMAN LLOYD STATED THAT IF THE VARIANCE WERE GRANTED TO THE APPLICANT IT WOULD.. BE FOR THIS PROPERTY ONLY. PROPERTY OWNERS CHUCK, MILLIKEN AND ART BURGER BOW OF jmUA tY 7. 19ADJI 8`5DBSTr MEED PAGE.2 OF 3 ,'I:D THEIR CONCERNS OVER TRIS VARIANCE BEING GRANTED. MR. KEN ADJOINING PROPERTY OWNER, STATED RE HAD NO OBJECTION TO THE Bow OF ADJumm?P liE2' w