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HomeMy WebLinkAboutSpecial Exception 12-02 Bd Orders 12-02Il. 0 LLA J City of Cape Canaveral Board of Adjustment Special Exception Order FILE COPY Yogi Patel Applicant's Name: Request No. 12-02 Application Number. J Hearing Date: July 26, 2012 Is the Applicant's special exception request authorized by the City Code? Yes X No All development orders (including special exceptions) must be consistent with the City's Comprehensive Plan. §163.3194, Fla. Stat; §110-27(e), Cape Canaveral Code. Is the Applicant's special exception request consistent with the City of Cape Canaveral's Comprehensive Plan? Yes X No All special exception decisions must also be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the special exception, including its proposed scale and intensity, traffic -generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. Yes X No_ Not Applicable _ Board of Adjustment Special Exception Order Page 1 of (2) Whether the applicant has demonstrated the sin and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the special exception requested. The site shall be of sufficient sin to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed special exception. Yes X No_ Not Applicable See conditions of approval. (3) Whether the proposed special exception will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Yes No X Not Applicable_ (4) Whether the proposed special exception will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. Yes No X Not Applicable_ (5) Whether the proposed special exception will have an adverse impact on historic, =me, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. Yes No X Not Applicable Board of Adjusunem Special Exception Order Page 2 of (6) Whether the proposed special exception will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. Yes _ No x Not Applicable _ (7) Whether the proposed special exception will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Yes_ No x Not Applicable VII. Are there any other applicable requirements of federal, state, local law, City Charter, or City Code that must be complied with by the applicant? A. Yes x (cite below) No The area shall comolvwith Florida Building Code - Mechanical Code. Section 303.4. The area shall comply with National Electrical Code, Section 225.61(B). The area shall be paved per City Code of Ordinances. Section 110-551(2)(f). B. If yes to VBA., does the special exception requested comply with the applicable federal, state, local law, City Charter, or City Code requirements? Yes No Compliance will be verified at time of Final inspection. VIII. Based on the evidence and testimony presented at the hearing, and based on the legal requirements set forth above, the Board of Adjustment hereby makes the following final decision regarding the aforementioned application: Board of Adjustment Special Exception Order Page 3 of 4 Approved with the follow additional conditions and safeguards imp fe by the Board: 1) Access to the site shall be from Johnson Avenue. 2) The driveway shall be a minimum of 45 ft. in length. 3) Fencing shall be 8 ft. in height along the east side; and 6 ft. in height on all other side, with substantial landscaping. 4) The fence along the south side shall be moved back at least 6 ft. from the sidewalk, so that the existing palm trees will be on the outside of the fence. The existing 4 ft. fence shall be replaced with a 6 ft. fence. 5) The fence color shall be of a neutral or natural finish. 6) Hours of operation shall be limited to daylight hours only. 7) The entire area shall be paved and thus, stormwater control be engineered to meet Code. 8) The area shall comply with the Florida Building Code - Mechanical Code, Section 303.4. Provide approved protective barriers for Mechanical appliances subject to physical damage from vehicular encroachment. 9) The area shall comply with the National Electrical Code, Section 225.61 (B). Verify clearance from grade to lowest point of overhead service -drop conductors. Because the parking area will be subject m truck and IN traffic, clearance shall be at least 18 ft. from grade. IX. Pursuant to Section 110-33, Cape Canaveral Code, any party aggrieved by any final decision of the Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such appeal most be filed with the City Manager within ten (10) calendar days of the date of the Board ofAdjustment's final decision. The City Manager shall schedule the appeal forthe next regular City Council meeting. The City Council shall hear and consider the appeal de novo and cwnsider evidence and testimony of any interested party. The Council shall have the right to either affirm or reverse, in whole or in part, the decisions of the Board of Adjustment. The City Council's decision shall be final and subject to appeal to a Court of Competent Jurisdiction. FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL A copy of a Notice of Appeal form is attached to this order. Done and Ordered this the 24-' day of 3 � I y . 20 t Z-. Chairman Board of Adjustment Special Exception Order Page 4 of 4 City of Cape Canaveral Board of Adjustment Meeting Minutes July 26, 2012 A Board of Adjustment Meeting was held on July 26, 2012, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Dennis Jenkins, Vice Chairperson, called the meeting to Order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: Dennis Jenkins Vice Chairperson Paula Collins George Sweetman Arvo Eilau MEMBERS ABSENT: Linda Brown Douglas Raymond OTHERS PRESENT: Susan Chapman Secretary Barry Brown Planning & Development Director Kate Latorre Assistant City Attorney Lamar Russell Ex Officio Member & Chairperson of the P & Z Board All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Approval of Meeting Minutes: April 5, 2012. Motion by Dennis Jenkins, seconded by Arvo Eilau, to approve the meeting minutes of April 5, 2012, as written. Vote on the motion carried unanimously. 2. Motion Re: Variance Request No 12-04 to Allow for a 6 ft. High Fence to be Located within 25 ft of a Public Right of Way in the R-2 Zoning District - (400 Jackson Avenue) - Adam Warner, Applicant. Barry Brown explained the request, described the property, surrounding uses, and zoning. The Board reviewed the variance application, worksheet and criteria, and viewed photographs of the existing fence. Barry Brown stated that Staff recommends approval, with the condition that the new fence be white vinyl and placed in the same location. Barry Brown advised that Staff was currently preparing revisions to the fence code. Lamar Russell advised that comer lots are unique having 25 ft. setbacks on two sides. Dermis Jenkins commented that being across the street from a ball field gives the property owner an added incentive for needing a high fence. Board of Adjustment Meeting Minutes July 26, 2012 Page 2 of 5 James McKune, Applicant's Representative, testified that a new 6 ft. high vinyl fence would enhance the neighborhood and it would also raise the level of privacy and security. He believed that the criteria required to be entitled to a Variance was met with this request. Kenneth Gibson, resident, 400 Jackson Avenue, advised that the stockade fence existed when he moved in over 25 yrs. ago. He believed the applicant was entitled to the Variance. He noted that he has a large dog that could scale a 4 ft. high fence, and yard tools that a 4 ft. high fence would not protect against theft. Brief discussion followed. Motion by Dennis Jenkins, seconded by George Sweetman, to grant Variance Request No. 12-04, as requested, with the condition that the new fence be placed in the same location as the existing fence and that it be white vinyl as is installed elsewhere on site. Vote on the motion carried unanimously. 3. Motion Re: Variance Recuest No. 12-05 to Allow for a 6 ft. Hieh Fence to be Barry Brown explained the request, described the property, surrounding uses, and zoning. The Board reviewed the variance application, worksheet and criteria. Barry Brown advised that the applicant intends to renovate the property in phases to create a Port of Call facility and described same. A development agreement was currently being negotiated between City and Mr. Baugher. He advised that meeting the current Code would create an unnecessary hardship by requiring a reconfiguration of the puking area, loss of parking spaces, and loss of a portion of the drive aisle. The Board members viewed an aerial of the proposed fence location in relation to the curb and sidewalk. Bob Baugher testified that a six foot high fence was needed for security. He described the proposed fence location. He noted that they are currently negotiating with an aerospace company to occupy the first floor of the building for two years which would bring 80 new high tech jobs into the City. If this happens, they would need to segregate approximately 100 of the existing 420 parking spaces. Therefore, in a few years they may need to come back and change the concept. He gave a timeline of the phases for the overall Port of Call project. The Board viewed a photograph of the existing site and setting for the proposed fence and landscaping (Entered into the record as Board Exhibit A). Discussion followed. Barry Brown spoke about future planned improvements on SR AIA, Central Blvd. to Thurm Blvd., and W. Central Blvd. Lamar Russell advised that as a result of the City's visioning and potential grants, Central Blvd. will be modified with streetscape similar to Ridgewood Avenue. He noted that fences, asphalt, and landscaping are the easiest things to change. He was in favor of approval as presented. Board of Adjustment Meeting Minutes July 26, 2012 Page 3 of 5 Charles Pindziak, citizen, commented that this property is along a main thoroughfare, and allowing the fence to be that close to the street would be an eyesore of immense proportions; there was no proven hardship; the request has nothing to do with bringing in new jobs, it only has to do with aesthetics and it's going to look horrible; all it comes down to is a few parking spaces and a little more money; and to grant this request would be a big mistake. Following additional discussion regarding the proposed placement of the fence and landscaping a motion was made by Dennis Jenkins, seconded by Paula Collins, to grant Variance Request No. 12-05 with the following conditions: 1) The fence shall be set back a minimum of 2 ft. from the property line to accommodate growth of landscaping. 2) Landscaping along the fence line shall be provided as directed by Staff. 3) The fence shall be of an ornamental metal. Vote on the motion carried unanimously 4. Motion Re: Special Exception Request No 12-02 to Allow Storage or Parking of Recreational Vehicles Trailers and Trailerable Items - (6850 N Atlantic Avenue - Yogi Patel, Petitioner. Barry Brown explained the request, described the property, surrounding uses, and zoning. The Board reviewed the special exception application, worksheet and criteria, and the recommendation by the Planning & Zoning Board. The Board members viewed photos and aerials of the property. Barry Brown advised that the two main issues of this request were screening and access. He noted that the South side of the property will be substantially landscaped per Code. John Kabboord, representative for the applicant, testified that they planned to store mostly watercraft; the property location is unique being adjacent to 7/11, and the property is heavily burdened with three 25 ft. setbacks; security is the main concern; fencing needs to be tall enough to prevent unwanted and unauthorized access. Discussion was held regarding compatibility; screening; fence height, location, and color; landscaping; Staff comments; access; driveway length; hours of operation; and the Code requirement for the area to be paved. Following discussion, a motion was made by Dennis Jenkins, seconded by Paula Collins, to grant Special Exception Request No. 12-02 with the following conditions: 1) Access to the site shall be from Johnson Avenue. 2) The driveway shall be a minimum of 45 ft. in length. Board of Adjustment �- Meeting Minutes July 26, 2012 Page 4 of 5 3) Fencing shall be 8 ft. in height along the east side; and 6 ft. in height on all other sides, with substantial landscaping. 4) The fence along the south side shall be moved back at least 6 ft. from the sidewalk, so that the existing palm trees will be on the outside of the fence. The existing 4 ft. fence shall be replaced with a 6 ft. fence. 5) The fence color shall be of a neutral or natural finish. 6) Hours of operation shall be limited to daylight hours only. 7) The entire area shall be paved and thus, stonnwater control be engineered to meet Code. 8) The area shall comply with the Florida Building Code - Mechanical Code, Section 303.4. Provide approved protective barriers for Mechanical appliances subject to physical damage from vehicular encroachment. 9) The area shall comply with the National Electrical Code, Section 225.61 (B). Verify clearance from grade to lowest point of overhead service -drop conductors. Because the parking area will be subject to truck and RV traffic, clearance shall he at least 18 ft. from grade. Vote on the motion carred unanimously. 5. Barry Brown's testimony was incorporated into this agenda item from the previous agenda item. Motion by Dennis Jenkins, seconded by Arvo Eilau, to grant Variance Request No. 12- 01, as presented. Vote on the motion carred unanimously. 6. Discussion and Motion Re: Changing Meeting Time from 7:00 n.m. to 6:00 p.m. Following a polling of the Board members for their availability to change the meeting time, a motion was made by Dennis Jenkins, seconded Paula Collins, to change the meeting time to 6:00 p.m. Vote on the motion carried unanimously. No discussion was held. There being no further business for the Board to consider, a motion was made by Dennis Jenkins, seconded by Paula Collins, to adjourn the meeting at 9:00 p.m. Motion carried unanimously. 0 Board of Adjustment Meeting Minutes July 26, 2012 Page 5 of 5 Approved on this 300 day of Aa4wsr , 2012. Dennis J V'ce Chairperson «� Susan L. Chapman, Secretary