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HomeMy WebLinkAboutBOA 1986 MinutesMICROFILMED AUG 87 BOARD OF ADJUSTMENT NOVEMBER 3, 1986 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON NOVEMBER 3, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7 30 P M. THE SECRETARY CALLED THE ROLL MEMBERS PRESENT RUSSELL LLOYD NELLY CARDINALE ROBERT LAWS MARILYN RIGERMAN RONNIE FARMER MEMBERS ABSENT ANN THURM OTHERS PRESENT- JIM THERIAC KOHN BENNETT JEFFREY L. ECKLEY EVELYN HUTCHERSON CHAIRMAN ALTERNATE CITY ATTORNEY DEPUTY CITY ATTORNEY CODE ENFORCEMENT INSPECTOR SECRETARY MS RIGERMAN MOVED THAT THE MINUTES OF THE SEPTEMBER 22 AND SEPTEMBER 29, 1986, MEETINGS BE APPROVED MS CARDINALE SECONDED VOTION MOTION PASSED UNANIMOUSLY UNFINISHED BUSINESS ITEM 1 REVIEW OF RULES OF PROCEDURE CHAIRMAN LLOYD INQUIRED IF THERE WERE ANY COMMENTS ON THE PROPOSED CHANGES TO THE RULES OF PROCEDURE AIS RIGERMAN SUGGESTED THAT "AND ABSTAIN FROM VOTING" BE ADDED TO THE LAST SENTENCE IN SECTION 16 ATTORNEY THERIAC RECOMMENDED THAT IT BE LEFT OUT SINCE CHAPTER 112 OF THE FLORIDA STATUTES ADDRESSES THIS ISSUE ATTORNEY THERIAC AGREED TO WRITE A PARAGRAPH TO NOTE "BOARD MEMBERS SHOULD BE AWARE OF CHAPTER 112, CONFLICT OF INTEREST AND GOVERNMENT IN THE SUNSHINE THIS ITEM WILL BE CARRIED OVER UNTIL THE NEXT MEETING CHAIRMAN LLOYD REQUESTED TI-T-AT THE CITY CLERK BE REQUESTED TO GIVE NEW MEMBERS OF THE BOARD A COPY OF THE RULES OF PROCEDURES AND F S, CHAPTER 112 BOARD OF ADJUSTMENT NOVEMBER 3, ] 986 PAGE 1 OF 3 PAGES i5�(i L MICROFILMED AUG 87 NEW BUSINESS ITEM 1. REQUEST NO 86 -11 VARIANCE TO CONSTRUCT SWIMMING POOL WITHIN REQUIRED SETBACK, SECTION 23, TOWNSHIP 24S, RANGE 37E, AVON -BY- THE -SEA, BLOCK 42, LOT 1 PETITIONER IS KENNETH D MARVIN AFTER DETERMINING THAT THIS ITEM HAD BEEN PROPERLY ADVERTISED AND POSTED, CHAIRMAN LLOYD ADVISED THE APPLICANT THAT A PROPOSED ORDINANCE, WHICH WOULD ALLOW AN EIGHT (8) FOOT SETBACK FOR INTERIOR SIDE LOT LINES, WAS SCHEDULED FOR FIRST READING AT THE NEXT COUNCIL MEETING MR. MARVIN INDICATED THAT HE WAS AWARE OF THE PROPOSED ORDINANCE BUT DID NOT WANT TO WAIT HE COMMENTED THAT THE POOL COULD BE INSTALLED AS IS BUT THE FENCE WOULD BE AT THE EDGE OF THE WATER, AND ALL HE NEEDED WAS TWO (2) FEET FOR A WALKWAY. MR. LAWS STATED THAT HE COULD NOT UNDERSTAND ANY HARDSHIP MR A4ARVIN POINTED OUT THAT THE CORNER HOUSE ON TYLER HAD A FIVE (5) FOOT SET BACK MR FARMER INQUIRED IF MR. MARVIN HAD CONSIDERED A SMALLER POOL MR MARVIN RESPONDED THAT THE POOL WAS FORMED AND WAS THE SMALLEST ONE MADE AIR JONKER, OWNER OF THE ADJACENT TOWNHOUSE, EXPRESSED CONCERN OVER WHAT MIGHT HAPPEN TO HIS YARD SHOULD THE POOL COLLAPSE. MR MARVIN ASSURED THE BOARD THAT HE WOULD HAVE ADEQUATE INSURANCE COVERAGE THE SET BACK REQUIREMENTS FOR TOWNHOUSES AND SWIMMING POOLS WERE DISCUSSED ATTORNEY THERIAC RECOMMENDED THAT THE BOARD CONCERN THEMSELVES WITH CHAPTER 639 47, SWIMMING POOLS AND ENCLOSURES. MS RIGERMAN MOVED THAT CASE NO 86 -11, VARIANCE TO CONSTRUCT SWIMMING POOL WITHIN REQUIRED SETBACK, BE DENIED MS CARDINALE SECONDED MOTION MOTION PASSED UNANIMOUSLY ITEM 2 ELECTION OF OFFICERS CHAIRMAN LLOYD OPENED THE FLOOR FOR NOMINATIONS OF OFFICERS: MS RIGERMAN NOMINATED MR LLOYD FOR CHAIRMAN. MS CARDINALE SECONDED MOTION MR LAWS MOVED THAT THE NOMINATIONS BE CLOSED. MS RIGERMAN SECONDED MOTION MR LLOYD WAS ELECTED CHAIRMAN BY ACCLAMATION MR. LAWS NOMINATED MS RIGERMAN AS VICE CHAIRMAN. MS. CARDINALE SECONDED MOTION MR. FARMER NOMINATED MR LAWS AS VICE CHAIRMAN MR BOARD OF ADJUSTMENT NOVEMBER 3, 1986 PAGE 2 OF 3 PAGES MICROFILMED AUG 87 LAWS DECLINED THE NOMINATION MS RIGERAIAN WAS VOTED VICE CHAIRMAN BY ACCLAMATION THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:45 P.M. D APPROVED THIS % a +'� DAY OF �.,�� -y� , 198 ' ATTEST NMI, TAR Ojftl�m BOARD OF ADJUSTMENT NOVEMBER 3, 1986 PAGE 3 OF 3 PAGES MICROFILMED AUG 87 BOARD OF ADJUSTMENT SEPTEMBER 29, 1986 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON SEPTEMBER 29, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7.30 P M THE SECRETARY CALLED THE ROLL. MEMBERS PRESEIIT- RUSSELL LLOYD THOMAS JONES ROBERT LAWS MARILYN RIGERMAN ANN THURM NELLY CARDINALE MEMBERS ABSENT RONNIE FARMER OTHERS PRESENT• SHELDON D. STEVENS ARTIS A. GUNN JEFFREY L. ECKLEY LEO NICHOLAS EVELYN HUTCHERSON UNFINISHED BUSINESS CHAIRMAN VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE DEPUTY CITY ATTORNEY BUILDING OFFICIAL CODE ENFORCEMENT OFFICER CITY COUNCIL MEMBER SECRETARY ITEM 1 REQUEST NO 86 -10, MODIFICATION TO OCEAN WOODS SITE PLAN: CHANGE IN RESIDENCE FROM SINGLE FAMILY UNIT TO A DUPLEX SEC 1, TWP 24S, RGE 37E. PETITIONER: THOMAS E WASDIN FOR OCEAN WOODS, INC CHAIRMAN LLOYD EXPLAINED THAT HE WAS INVOLVED IN LITIGATION WITH THE DEVELOPER AND STEPPED DOWN FROM THE DAIS AT THIS TIME VICE CHAIRMAN JONES ASSUMED THE CHAIR MR JONES STATED THAT THE NUMBER OF UNITS WAS QUESTIONED AT THE LAST MEETING. ATTORNEY JOSEPH SCOTT, REPRESENTING OCEAN WOODS, INC, ALLUDED THAT LOT 209 HAD NOT BEEN DEVELOPED BECAUSE OF AN OAK TREE AND REQUESTED THAT TRACT "A," CONSISTING OF THE MANAGER'S RESIDENCE AND SALES OFFICE BE CHANGED TO A DUPLEX HE STATED THAT IF THE BOARD SHOULD DETERMINE THAT THE MANAGER'S UNIT COUNTED AS A UNIT AND AN ADDITIONAL UNIT WAS NOT AVAILABLE, THEY WOULD LIKE TO WITHDRAW THEIR REQUEST MR GUNN CALLED THE BOARD'S ATTENTION TO THE HANDOUTS PROVIDED AT THE AUGUST 20TH MEETING, NOTING THAT THE LETTER FROM BILLY TURNER, DATED AUGUST 20, 1984, AGREED WITH THE CITY'S RECORDS WHICH INDICATE A TOTAL OF 304 UNITS A DISCUSSION ENSUED ON THE NUMBER OF UNITS AND THE CONVERSION OF THE MANAGER'S UNIT TO A DUPLEX BOARD OF ADJUSTMENT SEPTEMBER 29, 1986 PAGE 1 OF 3 PAGES .AICROFILMED AUG 87 MR BILL ROBERGE, RESIDENT OF OCEAN WOODS, ASKED WHAT THE NUMBER OF UNITS HAD TO DO WITH THE QUESTION HE NOTED THAT THIS WAS A SINGLE FAMILY HOUSING AREA AND TO CONVERT A UNIT TO A DUPLEX WOULD BE SPOT ZONING HE CITED THE CROWDED CONDITIONS AND INADEQUATE PARKING IN THE AREA. HE MENTIONED THAT THE RESIDENTS OF THE UNITS WERE EMPLOYEES OF OCEAN WOODS, THE MANAGER AND THE GROUNDSKEEPER IT WAS POINTED OUT THAT THE CONCEPT OF THE RPUD ALLOWED A VARIETY OF UNITS MR. JOHN RICHARDSON, 8701 LANTANA COURT, ALSO SPOKE AGAINST THE CONVERSION CHAIRMAN LLOYD VOICED HIS OPINION THAT THE REQUEST SHOULD BE DENIED IF THE REQUEST INCREASED THE NUMBER OF THE APPROVED 304 UNITS FOR THE PROJECT MS RIGERMAN REQUESTED CLARIFICATION OF THE MAP IN THE STATEMENT OF JUSTIFICATION WHICH DEPICTED TRACT "A" AND INQUIRED IF THE SMALL TRACT "A" UNDER DISCUSSION WAS A PART OF THE LARGE TRACT "A." MR. SCOTT RESPONDED THAT IT WAS INCLUDED. MS RIGERMAN SURMISED THAT IF THIS BE THE CASE, THERE WERE 304 UNITS IN OCEAN WOODS MRS THURM MOVED THAT MODIFICATION NO. 2, CHANGE IN RESIDENCE, OF REQUEST NO. 86 -10 BE DENIED MS RIGERMAN SECONDED MOTION MOTION CARRIED UNANIMOUSLY NEW BUSINESS: ITEM 1 REVIEW OF RULES OF PROCEDURE CHAIRMAN LLOYD RESUMED THE CHAIR AT THIS TIME MR LLOYD NOTED THAT THERE WERE TWO BOARDS OF ADJUSTMENT, ONE ADDRESSING BUILDING ISSUES AND THE OTHER ZONING ISSUES HE RECOMMENDED THAT THIS BOARD BE REFERRED TO AS THE ZONING BOARD OF ADJUSTMENT HE SUGGESTED THAT CHANGES BE NOTED AND A DRAFT PREPARED FOR DISCUSSION AT THE NEXT MEETING. THE FOLLOWING CHANGES WERE RECOMMENDED SECTIONS 1 AND 2 INSERT THE WORD "ZONING" BEFORE BOARD OF ADJUSTMENT SECTION 6 DELETE AND ADD VERBIAGE UNDER SECTION 10 (4) (a) SECTION 7. CHANGE THRID SENTENCE TO READ "THE BOARD SHALL ELECT ANNUALLY, AT THE FIRST MEETING AFTER NOVEMBER FIRST.." DELETE THE LAST SENTENCE SECTION 8 DELETE SECTION 10 (4). ADD NEW SUBPARAGRAPH (A) OFFICIAL ACTION MAY BE TAKEN ONLY WHEN AT LEAST FOUR (4) MEMBERS ARE IN AGREEMENT AND CAST IDENTICAL BOARD OF ADJUSTMENT SEPTEMBER 29, 1986 PAGE 2 OF 3 PAGES MICROFILMED AUG 87 VOTES. RELETTER REMAINING PARAGRAPHS UNDER THIS SECTION SUBPARAGRAPH (E) DELETE "AND EX— OFFICIO MEMBERS" SECTION 11. FIRST SENTENCE, REPLACE THE WORD "TABLED" WITH "POSTPONED." SECTION 12. FIRST WORD, "ADDITIONAL," CHANGED TO "ADMINISTRATIVE." SECTION 13 FIRST SENTENCE: DELETE "ALL MATTERS" AND INSERT "SPECIAL ZONING REQUEST CASES AND ADMINISTRATIVE APPEALS" AND ADD "APPROVAL OF MINUTES AND MOTIONS TO ADJOURN SHALL BE BY VOICE VOTE " SECTION 18. FIRST SENTENCE, DELETE "PLANNING AND ZONING BOARD;" REPLACE WITH "THIS BOARD." SECOND SENTENCE, REPLACE "AND" WITH "OR " SECTION 19 DELETE AND REPLACE WITH "ALL REQUESTS FOR A SPECIAL EXCEPTION, VARIANCE OR ADMINISTRATIVE APPEAL SHALL BE SUBMITTED ON THE STANDARD FORMS PROVIDED BY THE CITY " SECTION 21 DELETE SECTION 23 ADD THE WORD "ZONING" BEFORE BOARD OF ADJUSTMENT INSERT "WITH APPROVAL BY CITY COUNCIL " THERE BEING NO FURTHER BUSINESS, MRS THURM MOVED TO ADJOURN MR LAWS SECONDED MOTION MOTION CARRIED THE MEETING WAS ADJOURNED AT 8:50 P M. APPROVED THIS _ DAY OF /I/o✓�w,b�r , 1986 W. "zoo- z 44Y CHAIRMAN BOARD OF ADJUSTMENT SEPTEMBER 29, 1986 PAGE 3 OF 3 PAGES MICROFILMED AUG 87 BOARD OF ADJUSTMENT SEPTEMBER 22, 1986 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON SEPTEMBER 22, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7:30 P M THE SECRETARY CALLED THE ROLL MEMBERS PRESENT- RUSSELL LLOYD THOMAS JONES ROBERT LAWS MARILYN RIGERMAN ANN THURM NELLY CARDINALE RONNIE FARMER OTHERS PRESENT: SHELDON D STEVENS ARTIS A GUNN JEFFREY L ECKLEY LEO NICHOLAS EVELYN HUTCHERSON CHAIRMAN VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE DEPUTY CITY ATTORNEY BUILDING OFFICIAL CODE ENFORCEMENT OFFICER CITY COUNCIL MEMBER SECRETARY CHAIRMAN LLOYD RECOMMENDED THE FOLLOWING CORRECTIONS TO THE MINUTES, FOR CLARITY: PAGE ONE, LAST PARAGRAPH, SECOND SENTENCE, WHICH SHOULD BE CHANGED TO READ: "HE ADVISED THAT THE BOARD'S RULES DO NOT " AND THIRD SENTENCE SHOULD READ: "SINCE THERE WERE ONLY FOUR VOTING MEMBERS IN ATTENDANCE " MRS. THURM MOVED THAT THE MINUTES OF THE SEPTEMBER 8, 1986, MEETING BE APPROVED AS CORRECTED MR. LAWS SECONDED MOTION MOTION PASSED UNANIMOUSLY UNFINISHED BUSINESS ITEM 1 REQUEST NO. 86 -10, MODIFICATION TO OCEAN WOODS SITE PLAN- (1) EXTENSION TO BAY COURT TO PROVIDE ADDITIONAL PARKING; AND 2 CHANGE IN RESIDENCE FROM SINGLE FAMILY UNIT TO A DUPLEX SEC 14, TWP 245, RGE 37E PETITIONER: THOMAS E WASDIN FOR OCEAN WOODS. INC CHAIRMAN LLOYD EXPLAINED THAT HE WAS INVOLVED IN LITIGATION WITH THE DEVELOPER AND STEPPED DOWN FROM THE DAIS AT THIS TIME. VICE CHAIRMAN JONES ASSUMED THE CHAIR MR JONES RECOMMENDED THAT MODIFICATION NO 1, THE EXTENSION TO BAY COURT, BE DISPENSED WITH BEFORE DISCUSSING MODIFICATION NO 2, THE CHANGE IN RESIDENCE ATTORNEY JOSEPH SCOTT, REPRESENTING OCEAN WOODS, INC, SUBMITTED A LETTER FROM RESIDENTS OF BAY COURT REQUESTING ADDITIONAL PARKING (EXHIBIT "A ") HE ACKNOWLEDGED THAT THE DEVELOPER, AT THEIR EXPENSE, HAD PROVIDED FIVE (5) PARKING SPACES IN THE BUFFER ZONE BOARD OF ADJUSTMENT SEPTEMBER 22, 1986 PAGE 1 OF 4 PAGES ACROF I LMED AUO 87 MR. GEORGE HUTCHINSON REQUESTED THAT THE BOARD KEEP A HUMANE AND COMPASSIONATE VIEW WHILE CONSIDERING THIS CASE DUE TO THE FACT THAT THE DEVELOPER HAD RELIEVED THE PARKING PROBLEM FOR RESIDENTS OF BAY COURT EVEN THOUGH THEY WERE NOT REQUIRED TO DO SO ATTORNEY SCOTT EXPLAINED THAT THEIR REQUEST WAS NOT A VARIANCE; IT WAS A MODIFICATION TO THE SITE PLAN WHICH SHOULD BE CONSIDERED IF THE PROPOSAL WOULD BENEFIT THE PROJECT AND THE CITY. MS RIGERMAN INQUIRED IF THE BOARD HAD THE POWER TO MAKE A DECISION FOLLOWING A DISCUSSION ON THE COURT ORDER, ATTORNEY STEVENS STATED THAT, ACCORDING TO HIS INTERPRETATION, THE THIRD PARAGRAPH OF THE ORDER WOULD ALLOW THIS BOARD TO RULE ON THIS MATTER COUNCILMAN NICHOLAS RECALLED THAT AT THE TIME OCEAN WOODS WAS DEVELOPED, THE BOARD OF ADJUSTMENT HEARD ALL MODIFICATION OF A RPUD HE COMMENTED THAT THE ORDINANCES HAVE CHANGED THEREBY CHANGING THE PROCEDURES VICE CHAIRMAN JONES REMARKED THAT THIS WAS NOT THE FIRST TIME A REQUEST ON THIS PROJECT WAS BROUGHT BEFORE THIS BOARD. AT THE REQUEST OF THE BOARD, MR GUNN DESCRIBED THE LOCATION OF THE PARKING AREA. ATTORNEY SCOTT ADMITTED THAT THE PARKING AREA HAD BEEN CONSTRUCTED WITHOUT A PERMIT AFTER MR WASDIN HAD BEEN INFORMED THAT A PERMIT COULD NOT BE ISSUED SINCE IT ENCROACHED IN THE BUFFER ZONE MR. GUNN NOTED THAT, DURING THE PUBLIC HEARING BEFORE THE CODE ENFORCEMENT BOARD, ATTORNEY SCOTT INDICATED THAT OCEAN WOODS, INC, WAS GOING TO PETITION THE BOARD OF ADJUSTMENT FOR A MODIFICATION OF THE SITE PLAN SUBSEQUENTLY, THE CODE ENFORCEMENT BOARD WITHHELD ACTION PENDING THE OUTCOME OF THEIR REQUEST. MRS THURM INQUIRED IF THERE WERE ANY OTHER STREETS IN OCEAN WOODS THAT NEEDED ADDITIONAL PARKING SPACES ATTORNEY SCOTT STATED THAT OCEAN WOODS HAD THE REQUIRED NUMBER OF SPACES; HOWEVER THE PARKING SPACES FOR BAY COURT WERE SOMEWHAT REMOVED MR JIM HINES, REPRESENTING DR PINDZIAK, REMARKED THAT THE DEVELOPER DID NOT PROVIDE TWO SPACES PER UNIT AND THAT THE PURCHASERS SHOULD HAVE BEEN ADVISED THAT THEIR PARKING WAS IN ANOTHER AREA DR PINDZIAK PRESENTED A PICTURE OF THE AREA (EXHIBIT "B "), DEPICTING THE MISSING TREES AND SHRUBBERY AND NOTING THAT THE FENCE SUPPORTS WERE ON HIS PROPERTY BOARD OF ADJUSTMENT SEPTEMBER 22, 1986 PAGE 2 OF 4 PAGES M ?OFILME® AUG 87 ATTORNEY SCOTT PRESENTED A LETTER FROM AARDVARK PAVING (EXHIBIT "C "), WHICH SUPPORTED THE DEVELOPERS STATEMENT THAT THEY DID NOT REMOVE ANY TREES. MR CHARLES STENGLEIN, A RESIDENT OF OCEAN WOODS, REMARKED THAT HE HAD WALKED THE AREA MANY TIMES AND THERE WERE NO TREES IN THE AREA BEING DISCUSSED MS RIGERMAN EXPRESSED THE OPINION THAT THE BUFFER AREAS WERE SETTLED BY THE COURT ORDER AND WERE NOT TO BE TAMPERED WITH SHE FURTHER QUESTIONED THE BOARD'S AUTHORITY TO CONDONE THE PAVING IN THE BUFFER AREA AFTER BEING INFORMED THAT IT WAS NOT PERMITTED ATTORNEY STEVENS CONTENDED THAT BOTH SIDES HAD AGREED, IN PREVIOUS CASES, THAT THE BOARD OF ADJUSTMENT SHOULD HANDLE MATTERS SUCH AS THIS MS. RIGERMAN MOVED THAT MODIFICATION NO 1, OF REQUEST NO 86 -10, THE EXTENSION OF BAY COURT, BE DENIED MRS. CARDINALE SECONDED MOTION. MOTION PASSED UNANIMOUSLY VICE CHAIRMAN JONES OPENED THE FLOOR FOR DISCUSSION ON MODIFICATION NO 2, DUPLEX JUSTIFICATION ATTORNEY SCOTT STATED THAT THE ALLOWED DENSITY WAS ONE UNIT SHORT OF THE APPROVED 304 UNITS IN THE ORIGINAL PLAN MR GUNN REPORTED THAT, ACCORDING TO RECORDS IN THE CITY FINANCE DEPARTMENT, 305 UNITS ARE BEING BILLED FOR SEWER AND TRASH SERVICE SINCE THERE WAS A QUESTION AS TO THE ACTUAL NUMBER OF UNITS IN OCEAN WOODS, MS RIGERMAN MOVED TO POSTPONE THIS ITEM UNTIL SEPTEMBER 29, 1986. MRS THURM SECONDED THE MOTION MOTION PASSED UNANIMOUSLY NEW BUSINESS ITEM. 1. DISCUSSION RE- REAPPOINTMENT OF BOARD MEMBERS CHAIRMAN LLOYD RESUMED THE CHAIR AT THIS TIME. MR LLOYD ANNOUNCED THAT TERM OF THREE MEMBERS, MR. JONES, MR LAWS AND MS RIGERMAN, AND ONE ALTERNATE, MS CARDINALE, WOULD EXPIRE ON OCTOBER FIRST. MS. CARDINALE, MR LAWS AND MS. RIGERMAN EXPRESSED THEIR DESIRE TO BE REAPPOINTED TO THE BOARD MR JONES STATED THAT HE DID NOT WISH TO BE APPOINTED CHAIRMAN LLOYD REQUESTED PERMISSION TO ADD ANOTHER ITEM ON THE AGENDA - REVIEW OF RULES OF PROCEDURE HE NOTED THEY HAVE NOT BOARD OF ADJUSTMENT SEPTEMBER 22, 1986 PAGE 3 OF 4 PAGES i ftMICROFILMED AUG 87 BEEN REVIEWED BY THE BOARD SINCE 1978 SINCE SOME OF THE MEMBERS INDICATED THEY DID NOT HAVE COPIES OF THE RULES, HE REQUESTED THAT COPIES BE PROVIDED AND THE ITEM BE PLACED ON THE AGENDA FOR THE NEXT MEETING CHAIRMAN LLOYD ANNOUNCED THAT THE BOARD WOULD RECONVENE AT 7.30 P M., SEPTEMBER 29, 1986, FOR THE PURPOSE OF HEARING MODIFICATION NO 2 OF REQUEST NO. 86 -10. THERE BEING NO FURTHER BUSINESS, MRS THURM MOVED TO ADJOURN MR LAWS SECONDED MOTION MOTION CARRIED THE MEETING WAS ADJOURNED AT 9.00 P.M. APPROVED THIS DAY OF /Vo✓e. -v?he--r- .1986. ATTEST: Wn - CHAIRMAN BOARD OF ADJUSTMENT SEPTEMBER 22, 1986 PAGE 4 OF 4 PAGES MICROFILMED AUG 87 BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 8, 1986 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON SEPTEMBER 8, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7.30 P M. THE SECRETARY CALLED THE ROLL MEMBERS PRESENT. RUSSELL LLOYD THOMAS JONES ROBERT LAWS ANN THURM NELLY CARDINALE MEMBERS ABSENT- MARILYN RIGERMAN RONNIE FARMER OTHERS PRESENT: SHELDON D. STEVENS ARTIS A. GUNN JEFFREY L ECKLEY JEFF KIDD EVELYN HUTCHERSON CHAIRMAN VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE DEPUTY CITY ATTORNEY BUILDING OFFICIAL CODE ENFORCEMENT OFFICER CITY COUNCIL MEMBER SECRETARY CHAIRMAN LLOYD NOTED AN ERROR ON PAGE TWO, SECOND PARAGRAPH, FIRST SENTENCE, WHICH SHOULD BE CHANGED TO READ- "MR GUNN POINTED OUT THAT THE TITLE, HAZARDOUS WASTE, MEETS THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS CRITERIA FOR 'HAZARDOUS WASTE,' HOWEVER THEY " MRS. THURM MOVED THAT THE MINUTES OF THE AUGUST 11, 1986, MEETING BE APPROVED AS CORRECTED MR LAWS SECONDED MOTION MOTION PASSED UNANIMOUSLY NEW BUSINESS ITEM 1 REQUEST NO 86 -10, MODIFICATION TO OCEAN WOODS SITE PLAN 1) EXTENSION TO BAY COURT TO PROVIDE ADDITIONAL PARKING, AND 2 CHANGE IN RESIDENCE FROM SINGLE FAMILY UNIT TO A DUPLEX SEC 14, TWP 24S, RGE 37E PETITIONER: THOMAS E WASDIN FOR OCEAN WOODS, INC CHAIRMAN LLOYD STATED THAT THERE WAS A PROCEDURAL SITUATION WHICH NEEDED TO BE DISCUSSED, IN THAT HE WAS INVOLVED IN LITIGATION WITH THE DEVELOPER AND IT WOULD NOT BE APPROPRIATE FOR HIM TO VOTE ON THIS ?i1.r Akwxvs REQUEST. HE ADVISED THAT T+FE R RULES DO NOT OPERATE BY A SIMPLE MAJORITY, THEY REQUIRE AN AFFIRMATIVE VOTE BY FOUR (4) MEMBERS OF THE FvOR UoTlrd Ei BOARD TO ADOPT ANY ACTION. SINCE THERE WERE ONLY FiVE MEMBERS IN ATTENDANCE, THE REQUESTOR WAS GIVEN THE OPPORTUNITY TO REQUEST THAT BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 8, 1986 PAGE 1 OF 2 PAGES ,;i ImCROFILME® AUG 87 THE CASE BE POSTPONED ATTORNEY JOSEPH SCOTT, REPRESENTING OCEAN WOODS, INDICATED THAT THEY WOULD PREFER TO PRESENT THEIR REQUEST BEFORE A FULL BOARD. THE NECESSITY TO ADVERTISE THE POSTPONEMENT WAS DISCUSSED. CHAIRMAN LLOYD COMMENTED THAT IT WAS NOT NECESSARY; HOWEVER, A COURTESY NOTICE COULD BE GIVEN CHAIRMAN LLOYD ANNOUNCED THAT THE BOARD WOULD RECONVENE AT 7.30 P.M , SEPTEMBER 22, 1986, FOR THE PURPOSE OF HEARING REQUEST NO. 86 -10 THERE BEING NO FURTHER BUSINESS, MRS THURM MOVED TO ADJOURN MR LAWS SECONDED MOTION MOTION CARRIED THE MEETING WAS ADJOURNED AT 7:38 P.M 18 APPROVED THIS DAY OF , 1986. woo ml- ATTEST: EVELY UTCHERSON,SECRETARY BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 8, 1986 PAGE 2 OF 2 PAGES I BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 11, 1986 MICROFILM AUG 87 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON AUGUST 11, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7.30 P M THE SECRETARY CALLED THE ROLL MEMBERS PRESENT- RUSSELL LLOYD THOMAS JONES ROBERT LAWS ANN THURM NELLY CARDINALE RONNIE FARMER MEMBERS ABSENT: MARILYN RIGERMAN OTHERS PRESENT JAMES THERIAC ARTIS A GUNN LAMAR RUSSELL EVELYN HUTCHERSON CHAIRMAN VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE CITY ATTORNEY BUILDING OFFICIAL PLANNING AND ZONING BOARD SECRETARY MR LAWS NOTED AN ERROR ON PAGE TWO, LINE TEN, OF THE MINUTES- VICE CHAIRMAN LAWS SHOULD BE CHANGED TO VICE CHAIRMAN JONES MRS THURM MOVED THAT THE MINUTES OF THE JULY 28, 1986, MEETING BE APPROVED AS CORRECTED. MR LAWS SECONDED MOTION MOTION PASSED UNANIMOUSLY NEW BUSINESS ITEM 1. REQUEST NO 86 -8, SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF A HAZARDOUS WASTE- MATERIAL STORAGE AREA SEC 15, TWP 24S, RGE 37E, PARCEL 768 LOCATED AT 8600 ASTRONAUT BLVD - PETITIONER WAS RONALD S. TULINO FOR ROCKWELL INTERNATIONAL CHAIRMAN LLOYD CONFIRMED THAT THIS REQUEST HAD BEEN PROPERLY ADVERTISED AND POSTED MR CLARENCE TRIPP, REPRESENTING ROCKWELL INTERNATIONAL, STATED THAT THE STORAGE AREA WOULD BASICALLY CONTAIN CLEAN PETROLEUM PRODUCTS AND THAT ALL WASTE MATERIALS ARE REMOVED BY A CERTIFIED HAZARDOUS WASTE CONTRACTOR. MR FARMER INQUIRED IF ANY OTHER MATERIALS, OTHER THAN THOSE LISTED WITH THE APPLICATION, WOULD BE STORED. MR TRIPP ASSURED THE BOARD THAT ROCKWELL WOULD NOTIFY THE CITY IF ANY OTHER ITEMS WERE TO BE STORED MR TRIPP POINTED OUT THAT THESE WERE FRESH PRODUCTS USED IN MINUTE QUANTITIES FOR PROCESSING BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 11, 1986 PAGE 1 OF 3 PAGES ll miCROFILMED AUG 87 MRS THURM RECOMMENDED THAT THE TIME SPAN FOR THE SPECIAL EXCEPTION BE LIMITED TO ROCKWELL'S OCCUPANCY OF THE BUILDING MR GEORGE FIRKINS STATED THAT THEY HAVE FIVE YEARS REMAINING ON THIER LEASE. MR GUNN POINTED OUT THAT THE TITLE HAZARDOUS WASTE �'9& *T ^T MEETS THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS CRITERIA FOR f� ©cr/�E ✓.Ek "HAZARDOUS WASTE," A*B THEY DO NOT NEED A HAZARDOUS WASTE PERMIT FROM THE STATE MR LAMAR RUSSELL REMARKED THAT HE HAD REVIEWED THE LIST OF MATERIALS AND DID NOT SEE ANY DIFFERENCE IN THIS REQUEST THAN AN ORDINARY SERVICE STATION (PETROLEUM, OIL AND LUBRICANTS) FOLLOWING A DISCUSSION ON HAZARDOUS WASTE STORAGE VS POL STORAGE, IT WAS RECOMMENDED THAT THE TERMINOLOGY OF REQUEST NO 86 -6 BE REWORDED TO READ "PERMISSION FOR POL STORAGE " MR TRIPP REPLIED THAT ROCKWELL WOULD HAVE NO OBJECTION TO THE CHANGE AFTER REVIEWING THE SPECIAL CONDITIONS DISCUSSED: THE REWORDING OF THE REQUEST TO READ " POL STORAGE" INSTEAD OF "HAZARDOUS WASTE STORAGE;" THE SPECIAL EXCEPTION TO EXPIRE WHEN ROCKWELL INTERNATIONAL DISCONTINUES USE OF THE FACILITY, ROCKWELL TO MAINTAIN A HAZARDOUS WASTE DISPOSAL CONTRACT, AND ROCKWELL TO PROVIDE PROPER CONTAINMENT TO MEET THE BUILDING DEPARTMENT'S REQUIREMENTS, MR JONES MOVED THAT REQUEST NO 86 -8 BE APPROVED SUBJECT TO THE ABOVE — MENTIONED SPECIAL CONDITIONS. MRS CARDINALE SECONDED MOTION MOTION PASSED UNANIMOULSY ITEM 2 DISCUSSION RE- REVIEW PROCEDURES OF BOARD OF ADJUSTMENT CASES CHAIRMAN LLOYD STATED THAT THE PLANNING AND ZONING BOARD AND THIS BOARD HAD BEEN REQUESTED TO REVIEW THE PROCEDURES FOR ACTING ON SPECIAL EXCEPTIONS THE QUESTION OF A NEED FOR A CHANGE WAS RAISED THE BOARD WAS OF THE OPINION THAT ROCKWELL'S REQUEST HAD PROMPTED SOME QUESTIONS DO WE NEED TO SPEED UP THE PROCESS? DOES A SPECIAL EXCEPTION NEED TO GO BEFORE THE PLANNING AND ZONING BOARDS CHAIRMAN LLOYD SUMMARIZED THE CURRENT PROCEDURE THE APPLICATION MUST BE SUBMITTED FOURTEEN DAYS PRIOR TO PLANNING AND ZONING BOARD MEETING, FIFTEEN DAYS PRIOR TO BOARD OF ADJUSTMENT MEETING, FOR A TOTAL OF TWENTY —NINE DAYS. BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 11, 1986 PAGE 2 OF 3 PAGES f 1CROFILMED AUG 87 MR LAMAR RUSSELL, CHAIRMAN OF THE PLANNING AND ZONING BOARD, STATED THAT THIS ITEM WAS SCHEDULED FOR DISCUSSION AT THEIR AUGUST 13, 1986, MEETING, HOWEVER, HIS PERSONAL OPINION WAS WHY QUESTION A PROCEDURE WHICH HAD BEEN IN PLACE FOR MANY YEARS THE POSSIBILITY OF THE BOARD OF ADJUSTMENT HOLDING REGULARLY SCHEDULED MEETINGS, ONCE A MONTH, WAS DISCUSSED BUT IT WAS NOT WELL RECEIVED DURING THE ENSUING DISCUSSION, IT WAS NOTED THAT A STRONGER REPRESENTATION FROM THE PLANNING AND ZONING BOARD WOULD BE NEEDED AS THEY ARE MORE AWARE OF THE INTENT AND THOUGHT PROCESS REQUIRED IN DEVELOPING THE ZONING ORDINANCES IN RESPONSE TO THE QUESTION "COULD THE REQUESTS BE ADVERTISED IN PARALLEL WITH PLANNING AND ZONING, ATTORNEY THERIAC ADVISED THAT THERE WAS NO STATE STATUTE GOVERNING THIS BOARD, ONLY CITY LICENSE IT WAS THE CONSENSUS OF THE BOARD THAT THERE WAS NO NEED TO CHANGE THE REQUIREMENT FOR THE REQUEST TO BE HEARD BY THE PLANNING AND ZONING BOARD; HOWEVER, THEY WOULD SUPPORT ADVERTISING IN PARALLEL WITH THE FOURTEEN -DAY NOTICE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8.45 P M �k APPROVED THIS DAY OFtP�,� �i�r' , 1986 ATTEST 6L04"z z6tj.6,z� VE N HUTCHERSON, SECRETARY CHAIRMAN BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 11, 1986 PAGE 3 OF 3 PAGES BOARD OF ADJUSTMENT IMCROPILMED AUG 87 REGULAR MEETING JULY 28, 1986 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JULY 28, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA VICE CHAIRMAN JONES CALLED THE MEETING TO ORDER AT 7.30 P.M THE SECRETARY CALLED THE ROLL MEMBERS PRESENT THOMAS JONES ROBERT LAWS MARILYN RIGERMAN ANN THURM NELLY CARDINALE RONNIE FARMER MEMBERS ABSENT RUSSELL LLOYD OTHERS PRESENT: LEO NICHOLAS JAMES THERIAC ARTIS A GUNN LAMAR RUSSELL CHARLES STENGLEIN EVELYN HUTCHERSON VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE CHAIRMAN CITY COUNCILMAN CITY ATTORNEY BUILDING OFFICIAL PLANNING AND ZONING BOARD CODE ENFORCEMENT BOARD SECRETARY MRS THURM MOVED THAT THE MINUTES OF THE JUNE 23, 1986, MEETING BE APPROVED. MRS. CARDINALE SECONDED MOTION MOTION PASSED UNANIMOUSLY NEW BUSINESS ITEM 1 REQUEST NO 86 -06, SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF GUARDS ON THE SECOND FLOOR OF CAPE STORAGE, SEC 14, TWP 24S, RGE 37E, BLOCK 9, LOTS 1, 2 AND 3, CANAVERAL BEACH GARDENS LOCATED AT 100 E CENTRAL) PETITIONER IS A E 'BUD" BURNS, OWNER AFTER DETERMINING THAT THIS ITEM HAD BEEN PROPERLY ADVERTISED AND POSTED, VICE CHAIRMAN JONES STATED THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED APPROVAL CONTINGENT UPON A MAXIMUM 1300 SQUARE FEET OF LIVING AREA WITH NO MORE THAN TWO BEDROOMS AND ONE BATHROOM HE ALSO NOTED THAT THE MINIMUM LIVING AREA WAS 1100 SQUARE FEET MR BURNS EXPLAINED THAT THE REASON FOR HIS REQUEST WAS TO DISCOURAGE VANDALISM AND TO PROVIDE BETTER MAINTENANCE AND UPKEEP SEVERAL RESIDENTS OF THE SURROUNDING AREA VOICED THEIR OBJECTION NOTING THAT THE SECOND STORY STRUCTURE WOULD DISRUPT THE ROOF LEVEL OF THE PROJECT, A FENCE WOULD AFFORD SECURITY, A GUARD COULD BE PROVIDED, BOARD OF ADJUSTMENT REGULAR MEETING JULY 28, 1986 PAGE 1 OF 3 PAGES MICROFILMED AUG 87 AND IT WAS FELT THAT IT WOULD DEVALUE THE PROPERTY SOME OF THE RESIDENTS THOUGHT THE APARTMENT WAS TO BE CONSTRUCTED ON ONE OF THE EXISTING BUILDINGS MR. BURNS POINTED OUT THAT THERE WERE FIVE (5) BUILDINGS ON THE APPROVED SITE PLAN. THE FIFTH BUILDING, FRONTING NORTH ATLANTIC AVENUE WILL BE A TWO (2) STORY OFFICE BUILDING WITH A MANSARD ROOF WHICH WILL BLEND IN WITH THE FOURTH BUILDING WITH THE SECOND STORY LIVING QUARTERS. A SKETCH OF THE DESIGN OF THE BUILDING WAS SHOWN IN RESPONSE TO A QUESTION FROM MR LAWS, MR GUNN ASSURED THE BOARD THAT THE PROVISIONS OF THE ZONING ORDINANCE WOULD BE MET AND THAT TWO Q1o�n���S ADDITIONAL PARKING SPACES WOULD BE REQUIRED VICE CHAIRMAN I!rAW9- REMINDED THE BOARD THAT A SPECIAL EXCEPTION TO ALLOW RESIDENTIAL CONSTRUCTION IN A C -1 ZONE REQUIRED FOUR (4) VOTES. MRS THURM MOVED THAT REQUEST NO 86 -6, FOR SPECIAL EXCEPTION, BE APPROVED CONTINGENT UPON A MAXIMUM OF 1300 SQUARE FEET OF LIVING AREA WITH NO MORE THAN TWO BEDROOMS AND ONE BATHROOM MRS RIGERMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY ITEM 2 REQUEST NO 86 -7 VARIANCE TO CONSTRUCT POOL ENCLOSURE WITHIN REQUIRED SETBACK, SEC 23, TWP 24S, RGE 37 E, BLOCK 35, LOTS 1 & 2, AVON -BY- THE -SEA LOCATED AT 507 JACKSON AVENUE) PETITIONER IS KYLE E. DeLUNG, FOR TERRY J COX, OWNER VICE CHAIRMAN JONES NOTED THAT THE PLANNING AND ZONING BOARD RECOMMENDED THAT THIS REQUEST BE DISAPPROVED MR. DeLUNG POINTED OUT THAT HIS REQUEST FAILED BY A VOTE OF THREE (3) TO TWO (2) HE EXPLAINED THAT THIS WAS AN END TOWNHOUSE AND THAT HE HAD A CONTRACT TO PURCHASE CONTINGENT ON THE POOL ENCLOSURE HE FURTHER NOTED THAT TWO ORDINANCES ADDRESSED THE SETBACK: ONE REQUIRES A TEN (10) FOOT SETBACK AND THE OTHER ALLOWS AN EIGHT (8) FOOT SETBACK FOR AN END TOWNHOUSE THE ENCLOSURE WAS REQUESTED FOR PRIVACY AND TO PREVENT ACCESS TO THE POOL MRS THURM RELATED THE CODE REQUIREMENTS STATING THAT THE CODE IS VERY SPECIFIC AND THAT THE BOARD COULD NOT GO AGAINST THE ORDINANCE MR. DeLUNG REMARKED THAT THE AREA CONTAINED A TOTAL OF SIXTEEN (16) SQUARE FEET AND THE ENCLOSURE COULD BE EASILY REMOVED. FOLLOWING A DISCUSSION ON THE FACT THAT NO HARDSHIP EXISTED AND THERE ARE NO OTHER SIMILAR CASES WITHIN THE CITY, MR LAWS MOVED THAT REQUEST NO 86 -7 BE DENIED MRS. CARDINALE SECONDED MOTION MOTION PASSED UNANIMOUSLY BOARD OF ADJUSTMENT REGULAR MEETING JULY 28, 1986 PAGE 2 OF 3 PAGES MICROFILMED AUG 87 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 845PM APPROVED THIS / DAY OF �c , 1986 ATTEST EVELYM HUTCHERSON, SECRETARY BOARD OF ADJUSTMENT REGULAR MEETING JULY 281 1986 PAGE 3 OF 3 PAGES 0 % BOARD OF ADJUSTMENT MICROFILMED AUG $7 REGULAR MEETING JUNE 23, 1986 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JUNE 23, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. VICE CHAIRMAN JONES CALLED THE MEETING TO ORDER AT 7:30 P.M THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT- THOMAS JONES ROBERT LAWS MARILYN RIGERMAN ANN THURM NELLY CARDINALE MEMBERS ABSENT RUSSELL LLOYD RONNIE FARMER OTHERS PRESENT- JAMES THERIAC JEFFREY ECKLEY EVELYN HUTCHERSON VICE CHAIRMAN FIRST ALTERNATE CHAIRMAN SECOND ALTERNATE CITY ATTORNEY BUILDING INSPECTOR SECRETARY MRS. THURM MOVED THAT THE MINUTES OF THE MAY 19, 1986, MEETING BE APPROVED MR. LAWS SECCNDED MOTION MOTION PASSED UNANIMOUSLY NEW BUSINESS VICE CHAIRMAN JONES NOTED, FOR THE RECORD, THAT THE PROPERTY WAS LOCATED IN THE M -1 ZONE, NOT C -1 AS SHOWN ON THE AGENDA ITEM 1. REQUEST NO 86 -05, SPECIAL EXCEPTION TO ALLOW CUSTOMARY USES INCIDENTAL TO SHIP 'REPAIR RTTRINFRIR TN A M -1 7OWlP Mr)T TOWN MR. ECKLEY STATED THAT THE SHIP REPAIR BUSINESS WAS NOT SPECIFICALLY NAMED UNDER PERMITTED USES IN THE M -1 ZONE MR ROBERT STONE, ATTORNEY REPRESENTING MR RONSTROM, STATED THAT THE SHIP REPAIR BUSINESS WAS LOCATED IN PORT CANAVERAL, AND THE MAJORITY OF THE OUTSIDE WORK WAS PERFORMED AT THE PORT HE PRESENTED PHOTOGRAPHS OF THE BUSINESSES IN THE GENERAL AREA AND NOTED THAT THE MAJORITY OF THE WORK AT THIS LOCATION WOULD BE PERFORMED INSIDE THE BUILDING AND THAT THE STORAGE AREA BEHIND THE BUILDING WAS TOTALLY CLOSED AND FENCED. MR. WILLIAM WINCHESTER EXPRESSED HIS CONCERN REGARDING THE TRANSPORTATION OF LARGE BOATS AND THE LOW POWER LINES MR. RONSTROM RESPONDED THAT BOARD OF ADJUSTMENT REGULAR MEETING JUNE 23, 1986 PAGE 1 OF 2 PAGES a % MICROFILMED AUG 87 THEY PLAN TO RETAIN THEIR LOCATION AT THE PORT, BEHIND MID FLORIDA FREEZER, AND THE TRANSPORATION OF LARGE BOATS WOULD NOT BE NECESSARY. HE REITERATED THAT THE MAJORITY OF THE WORK WAS PERFORMED AT THE PORT. THE NEW LOCATION WILL BE USED PRIMARILY FOR FABRICATION AND REPAIRS HE POINTED OUT THAT THE PLANNING AND ZONING BOARD INDICATED THIS TYPE OF ZONING WAS INTENDED EVEN THOUGH IT WAS NOT DESIGNATED. THEIR MAIN CONCERN WAS THE STORAGE OF CLEANING MATERIALS HE EXPLAINED THAT THEIR CLEANING MATERIALS WERE SIMILAR TO THOSE AT PAINT AND BODY SHOPS. MR. LAWS MOVED REQUEST NO. 86 -5, FOR SPECIAL EXCEPTION, BE APPROVED MRS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY T)TC("TTSZQTnAT MR. ECKLEY MENTIONED THAT ROCKWELL INTERNATIONAL HAD PRESENTED A SITE PLAN FOR A LIQUIFIED PETROLEUM STORAGE AREA AT THEIR FACILITY. HE NOTED THIS WAS M -1 ZONING AND INQUIRED IF THE BOARD FELT IT WOULD BE NECESSARY TO REQUEST A SPECIAL EXCEPTION MR GERALD QUINN, ROCKWELL INTERNATIONAL, STATED THAT PERMISSION HAD BEEN GIVEN FOR STORAGE AT THE FACILITY WHEN THE IMPROVEMENTS WERE MADE TO THE FACILITY LAST YEAR HE ADDED THAT THE NATURE OF THE ITEMS TO BE STORED WERE THE SAME AS THOSE LISTED PREVIOUSLY MR JONES RESPONDED THAT HE COULD APPRECIATE THE PROBLEM, HOWEVER, HE QUESTIONED THE LEGALITY OF A RECOMMENDATION FROM THIS BOARD WITHOUT GOING THROUGH THE PROPER PROCEDURES. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 755PM Z�- APPROVED THIS _DAY OF , 1986. ATTEST gVELYVHUTCHERSON, SECRETARY VIC -CHA MAN BOARD OF ADJUSTMENT REGULAR MEETING JUNE 23, 1986 PAGE 2 OF 2 PAGES BOARD OF ADJUSTMENT MICROFILMED AUG 87 REGULAR MEETING MAY 19, 1986 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON MAY 19, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7.30 P M. THE SECRETARY CALLED THE ROLL MEMBERS PRESENT- RUSSELL LLOYD THOMAS JONES ROBERT LAWS ANN THURM NELLY CARDINALE RONNIE FARMER MEMBERS ABSENT- MARILYN RIGERMAN OTHERS PRESENT- JAMES THERIAC ARTIS GUNN JEFFREY ECKLEY EVELYN HUTCHERSON CHAIRMAN VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE CITY ATTORNEY BUILDING OFFICIAL BUILDING INSPECTOR SECRETARY MRS. THURM MOVED THAT THE MINUTES OF THE APRIL 17, 1986, MEETING BE APPROVED. MS CARDINALE SECONDED MOTION MOTION PASSED UNANIMOUSLY NEW BUSINESS ITEM 1. REQUEST NO 86 -03, SPECIAL EXCEPTION TO ALLOW THE USE OF A TELEPHONE SWITCHING FACILITY WITHIN THE EASEMENT LOCATED IN THE SETBACK AREA, SECTION 15, TOWNSHIP 24S, RANGE 37E, WEST SIDE OF Al A, NORTH OF COLUMBIA DRIVE AND IMMEDIATELY SOUTH OF CONSTRUCTION ENTRANCE TO TREASURE ISLAND CLUB PETITIONER IS DANIEL JAY BARBER OF SOUTHERN BELL FOR FORD rnnrrnVnrre MR. DANIEL BARBER, REAL ESTATE SERVICE TEAM, INC., INTRODUCED MESSRS TOM HUNT AND BOB FISHER, REPRESENTATIVES OF SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY MR. BARBER COMMENTED THAT THE PLANNING AND ZONING BOARD HAD APPROVED THEIR REQUEST FOR SPECIAL EXCEPTION AND PRESENTED PICTURES OF THE STRUCTURE IN ITS PRESENT LOCATION. HE CITED SECTIONS 63515, UNUSUAL USES OR USES NOT SPECIFICALLY PERMITTED, AND 637 51, C -1, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT, TO SUPPORT THEIR REQUEST, AND NOTED THAT THE PLANNING AND ZONING BOARD INDICATED THAT THEY WOULD DISCUSS AMENDING THE ZONING ORDINANCE TO ALLOW THIS OR SIMILAR USES. HE PRESENTED A LIST OF THE BUSINESSES THAT WILL BE SERVICED BY THE FACILITY BOARD OF ADJUSTMENT REGULAR MEETING MAY 19, 1986 PAGE 1 OF 2 PAGES MICROFILMED AUG 87 MR HUNT EXPLAINED THAT CAPE CANAVERAL WAS THE FIRST CITY THEY HAD ENCOUNTERED THAT CONSIDERED THIS INSTALLATION A STRUCTURE, AND SINCE THEY HAD NEVER BEEN REQUESTED TO OBTAIN A PERMIT, THEY WERE NOT AWARE OF SETBACK REQUIREMENTS HE FURTHER NOTED THAT IT WOULD BE DANGEROUS TO PLACE THIS FACILITY IN THE RIGHT -OF -WAY, AND YET IT IS NECESSARY TO PLACE IT IN AN AREA WITH INGRESS AND EGRESS FOR HEAVY EQUIPMENT IN THE EVENT OF A DISASTER. THE VEHICLE WHICH PROVIDES POWER HAS A SPECIAL GENERATOR SERVICED BY A TWENTY -FIVE (25) FOOT CABLE, THEREFORE THE MOST LOGICAL PLACE IS WITHIN A SETBACK AREA CHAIRMAN LLOYD INQUIRED IF THERE WAS ANY DISCUSSION AT THE PLANNING AND ZONING MEETING WHICH HAD NOT BEEN COVERED IT WAS NOTED THAT THE PLANNING AND ZONING BOARD HAD UNANIMOUSLY VOTED FOR APPROVAL. THE PURPOSE OF THE FIFTY (50) FOOT SETBACK WAS DISCUSSED. MR GUNN EXPLAINED THAT THE RIGHT -OF -WAY WAS PROVIDED TO ACCOMODATE FUTURE EXPANSION, AND THAT BASED UPON THE HIGH VOLUME OF TRAFFIC ON AlA, A FIFTY (50) FOOT SETBACK WAS ESTABLISHED FOR PUBLIC SAFETY MR GUNN ALSO NOTED THAT IF THE FACILITY HAD TO BE RELOCATED IN THE FUTURE, IT WOULD NOT BE THE RESPONSIBILITY OF THE CITY MR GEORGE FIRKINS SPOKE IN FAVOR OF THE SPECIAL EXCEPTION MRS. THURM MOVED THAT REQUEST NO 86 -3, FOR A SPECIAL EXCEPTION, BE APPROVED MS CARDINALE SECONDED MOTION MR GUNN RECOMMEND THAT APPROVAL BE LIMITED TO THE PRESENT STRUCTURE. MRS THURM AMENDED HER MOTION TO LIMIT THE FACILITY TO ITS PRESENT STRUCTURE. MS CARDINALE SECONDED THE MOTION VOTE ON THE MOTION WAS UNANIMOUS. VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7.58 P M APPROVED THIS /z_ DAY OF 11986. ATTEST: EVELYty HUTCHERSON, SECRETARY_ i CHAIRMAN BOARD OF ADJUSTMENT REGULAR MEETING MAY 19, 1986 PAGE 2 OF 2 PAGES 0 MICRO F ItMED AUG 97 BOARD OF ADJUSTMENT REGULAR MEETING MARCH 24, 1986 A REGULAR MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON MARCH 247 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7.30 P M THE SECRETARY CALLED THE ROLL MEMBERS PRESENT: RUSSELL LLOYD ROBERT LAWS ANN THURM MARILYN RIGERMAN NELLY CARDINALE RONNIE FARMER MEMBERS ABSENT THOMAS JONES OTHERS PRESENT JAMES THERIAC ARTIS GUNN JEFFREY ECKLEY EVELYN HUTCHERSON CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE VICE CHAIRMAN CITY ATTORNEY BUILDING OFFICIAL CODE ENFORCEMENT OFFICER SECRETARY MRS THURM D40VED THAT THE MINUTES OF THE MEETING OF JANUARY 6, 1986, BE APPROVED MR LAWS SECONDED MOTION MOTION PASSED UNANIMOUSLY CHAIRMAN LLOYD MENTIONED THE MEMORANDUM IN THE AGENDA PACKET REGARDING "CONFLICT OF INTEREST" ATTORNEY THERIAC STATED THAT THE NOTICE WAS FOR GENERAL INFORMATION AND IT APPLIES TO ALL MEMBERS NEW BUSINESS ITEM 1 REQUEST NO 86 -02, SPECIAL EXCEPTION TO CONSTRUCT A RESIDENTIAL UNIT (DUPLEX) IN A C -1 ZONE, BLOCK 65, LOTS 7 AND 8, AVON -BY- THE -SEA (LOCATED AT 119 BUCHANAN AVENUE PETITIONERS MARLENE O'DELL AND JOYCE MC COWAN. OWNERS MS O'DELL WAS IN ATTFNDANCE AND EXPLAINED TO THE BOARD MEMBERS THAT A DUPLEX WAS LOCATED ON ONE LOT AND THAT THE SALE OF THE LOTS WAS CONTINGENT ON THE SPECIAL EXCEPTION WHICH WOULD ALLOW THEM TO BUILD A DUPLEX ON THE VACANT LOT MR HENRY ENGLE, OWNER OF THE PROPERTY TO THE WEST (111 BUCHANAN AVENUE), OBJECTED TO THE SPECIAL EXCEPTION CITING THE NOISE FACTOR IN HAVING A DUPLEX THREE TO FOUR FEET FROM THE PROPERTY LINE AND THE BUILDING WOULD CUT OFF THE BREEZEWAY TO HIS PROPERTY IT WAS NOTED THAT THE COMMERCIAL ZONING HAS A ZERO BOARD OF ADJUSTMENT REGULAR MEETING MARCH 24, 1986 PAGE 1 OF 2 PAGES MICROFILMED AUG 67 SETBACK CHAIRMAN LLOYD STATED THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED APPROVAL BASED ON THE FACT THAT THE REQUEST WAS SIMILAR TO THE UTILIZATION OF ADJACENT PROPERTY MRS THURM MOVED THAT REQUEST NO 86 -02, FOR A SPECIAL EXCEPTION, BE APPROVED MRS RIGERMAN SECONDED MOTION MOTION PASSED UNANIMOUSLY THERE BEING NO FURTHER BUSINESS , THE MEETING WAS ADJOURNED AT 7.45 P Al ,/ APPROVED THIS DAY OF � , 1986 ATTEST- xz" 'Z�) �� CHAIRMAN BOARD OF ADJUSTMENT REGULAR MEETING MARCH 24, 1986 PAGE 2 OF 2 PAGES rc LE COPY MICROFILMED AUG 87 BOARD OF ADJUSTMENT REGULAR MEETING FEBRUARY 3, 1986 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON FEBRUARY 3, 1986, 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 ROBERT LAWS ANN THURM MARILYN RIGERMAN NELLY CARDINALE MEMBERS ABSENT WERE: TOM JONES RONNIE FARMER OTHERS PRESENT WERE: JAMES THERIAC ARTIS GUNN BARBARA CASCELLA CHAIRMAN FIRST ALTERNATE VICE CHAIRMAN SECOND ALTERNATE CITY ATTORNEY BUILDING OFFICIAL SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF JANUARY 6, 1986 AS WRITTEN. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS B ITEM 1. REQUEST NO. 86 -1 - VARIANCE TO SEC 639.01, OFF - STREET PARKING REGULATIONS, SEC 23, TWP 24S, RGE 37E, AVON -BY- THE -SEA, BLOCK 39, LOT 5 - PETITIONER IS STEVEN HERMAN FOR OWNERS, WESLEY & LOIS GALLAGHER ATTORNEY STEVEN HERMAN, AGENT FOR MR. AND MRS. GALLAGHER, REVIEWED THEIR REQUEST FOR A VARIANCE. HE EXPLAINED THAT THE BUILDING OFFICIAL HAD NOTIFIED THE PROPERTY OWNERS THAT THEY WOULD BE IN VIOLATION OF THE CITY CODES IF THEY WERE TO SELL THE PROPERTY AS IT IS. THE PROPERTY WAS ORIGINALLY AN EIGHT UNIT APARTMENT COMPLEX AND SUBSEQUENTLY SOLD AS TWO 4 UNIT COMPLEXES, WITH A COMMON UTILITY AND FIVE PARKING SPACES FOR EACH COMPLEX. WHEN THE GALLAGHERS APPLIED FOR A SEPARATE UTILITY HOOKUP FOR LOT 5, THEY WERE DENIED A PERMIT BY THE BUILDING OFFICIAL. CITY BUILDING OFFICIAL, MR. ARTIS GUNN, STATED THAT THERE ARE FIVE PARKING SPACES PER COMPLEX INSTEAD OF THE REQUIRED EIGHT BOARD OF ADJUSTMENT MEETING FEBRUARY 3, 1986 PAGE 1 OF 2 MICRCFIIMED AUG 82 SPACES, BUT AT THE TIME OF CONSTRUCTION THAT WAS SATISFACTORY PARKING ACCORDING TO THE ZONING CRITERIA. CHAIRMAN LLOYD EXPRESSED CONCERN OVER GRANTING THIS VARIANCE BECAUSE OF CREATING NON - CONFORMING LOTS. COUNCILMAN LEO NICHOLAS WAS IN THE AUDIENCE AND NOTED THAT THERE ARE MANY NON- CONFORMING STRUCTURES IN THE CITY. DISCUSSION CONTINUED. CITY ATTORNEY JAMES THERIAC WAS OF THE OPINION THAT THE OWNERS WERE CAUGHT IN THE PRESENT ZONING CHANGES AND IF THE BOARD APPROVED THIS REQUEST, IT WOULD APPLY FOR THIS PROPERTY ONLY. LAMAR RUSSELL, PLANNING AND ZONING BOARD CHAIRMAN, EXPLAINED THAT THE PLANNING AND ZONING BOARD RECOMMENDED APPROVAL BASED ON THE PARKING ISSUE ALONE. MR. JIM BUNTING, PART OWNER OF THE BUILDING, NOTED THAT THE BUILDINGS HAVE BEEN SOLD MANY TIMES AND HAVE BEEN UNDER SEPARATE OWNERSHIP FOR MANY YEARS. IT WAS SUGGESTED BY MS. MARILYN RIGERMAN THAT PERHAPS THIS ITEM SHOULD BE HANDLED BY AN ADMINISTRATIVE REVIEW. DISCUSSION CONTINUED. MR. GUNN, EXPLAINED THAT IN LIGHT OF THE MEETING, HE WOULD ISSUE A BUILDING PERMIT TO THE OWNERS. THE BOARD MEMBERS WERE IN AGREEMENT THAT THE REQUEST FOR A VARIANCE SHOULD BE WITHDRAWN. THE PETITIONER WITHDREW HIS REQUEST FOR A VARIANCE ON BEHALF OF HIS CLIENTS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:45 P.M. 4 APPROVED THIS o2 `t' DAY OF �l/��C6d , 1986. ATTEST: BOARD OF ADJUSTMENT MEETING FEBRUARY 3, 1986 PAGE 2 OF 2 I BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 6, 1986 FILE COPY MICROFILMED AUG 87 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JANUARY 6, 1986, 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 THOMAS JONES ROBERT LAWS ANN THURM MARILYN RIGERMAN NELLY CARDINALE MEMBERS ABSENT WERE: RONNIE FARMER OTHERS PRESENT WERE: JAMES THERIAC JEFF ECKLEY BARBARA CASCELLA CHAIRMAN VICE CHAIRMAN FIRST ALTERNATE SECOND ALTERNATE CITY ATTORNEY CODE ENFORCEMENT OFFICER SECRETARY MR. LAWS MOVED TO APPROVE THE MINUTES OF NOVEMBER 11, 1985 AS WRITTEN. MR. JONES SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST NO. 85 -20 - SPECIAL EXCEPTION TO CONSTRUCT RESIDENCE IN C -1 ZONE (SEC 637.51 (L)) LOT 13 & WEST 1/2 LOT 14, BLOCK 31, AVON BY THE SEA, SEC 23, TWP 24, RGE 37 (LOCATED ON HARRISON) - PETITIONER IS A.L. BAUREIS FOR FRED W. REEBALS, JR. AND PAULINE REEBALS THE BOARD REVIEWED THE APPLICATION FOR SPECIAL EXCEPTION AND WERE IN AGREEMENT THAT THIS WAS AN APPROPRIATE USE OF THE LAND. SINCE THERE WERE NO OBJECTIONS FROM THE AUDIENCE, MRS. THURM MOVED FOR APPROVAL OF THE SPECIAL EXCEPTION. MS. RIGERMAN SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7:40 P.M. (op _ APPROVED THIS 3' DAY OF �-i5t3)e-u A e Y , 1986. C airman , Barbara Cascella, Secretary