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Home My WebLink AboutBOA Minutes 2-25-2016 BOARD OF ADJUSTMENT MEETING MINUTES February 25, 2016 A Meeting of the Board of Adjustment was held on February 25, 2016, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 p.m. by Chairperson Arvo Eilau. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Arvo Eilau Chairperson Douglas Raymond Vice Chairperson Desmond Wassell George Sweetman Joe Elliott Linda Brown • MEMBERS ABSENT OTHERS PRESENT Kimberly Kopp Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Meeting Minutes —January 7,2016. Motion by Ms. Brown, seconded by Mr. Sweetman to approve the Meeting Minutes of January 7, 2016. Vote on the motion carried unanimously. 2. Quasi-Judicial and/or Public Hearing: Consideration of :Adjustment Re: Special Exception No. 12-01 (Amendment) to authorize a setback reduction of the outdoor display area in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c)(8), Special Exceptions permissible by the Board of Adjustment — AlA Beach Rentals,LLC,Applicant-6811 N. Atlantic Avenue. Mr. Dickey presented Staffs report/photos. This application is to amend Special Exception No. 2012-01 that authorized the establishment of A 1 A Beach Rental. Board of Adjustment Meeting Minutes February 25,2016 On April 5, 2012, the Board of Adjustment approved Special Exception No. 2012-01 to allow a retail store and the use of outside display areas in the C-1 zoning district per Sec. 110-334(c)(8)of the City Code. The approval was conditioned as follows: 1. The Display area shall be limited to 446 sf in total area; 2. The Display area shall be in substantial accordance with the attached Site Plan that depicts the location of the display area(s); 3. Displays shall be limited to beach rental equipment to include: surfboards, paddle boards, bicycles,canoes, kayaks and a canoe/kayak trailer; and 4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. The request under consideration is to amend Condition #2 of the approved Special Exception. Applicant is requesting the condition be amended to allow display area under/adjacent to the existing pole sign. This would have the effect of reducing the setback to zero. Currently,the display area is setback 50 feet from AIA right-of-way line as required in Condition #2. This requirement resulted from Sec. 110-536 (1) and Sec. 110-334(c)(8) which state that an outside display area associated with a retail store must meet the same setbacks as the principal building.However,with the recent expansion of EOOD(which included this property),the setback requirement from A 1 A ROW has been reduced from 50 feet to 15 feet. Staff recommends approval of amendment to Special Exception No. 2012-01, subject to the following conditions: 1. The Display area shall be limited to 446 sf in total area; 2. The Display area shall be setback a minimum of 15 feet from A 1 A right-of-way line; 3. Displays shall be limited to beach rental equipment to include: surfboards, paddle boards, bicycles, canoes,kayaks and a canoe/kayak trailer; and 4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. Discussion ensued to include adjacent properties; right of way; location of kayak trailer; meeting setbacks; delivery trucks; property posting; impact on vegetation; screening and buffering; visibility by cars traveling along AlA and ways to help this applicant be competitive. David Lane was sworn in by Assistant Attorney Kopp. Mr. Lane feels any type of buffering would hinder his request. He would abide by the 15-foot setback with conditions, if approved. Mr. Eilau opened the meeting to the public. Mr. Eilau closed the meeting to the public. 2 Board of Adjustment Meeting Minutes February 25,2016 Discussion ensued to include the need for Applicant to maintain the 15-foot setback, ways to demonstrate setback line; Code Enforcement involvement, if any; moving display items indoors after hours;types of items on display and commending the Applicant for reaching out to adjacent business owners. Motion by Ms. Brown, seconded by Mr. Wassell to recommend approval to include the recommended conditions listed above. 3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Special Exception No. 2016-02 to authorize a single-family home in the C-1 zoning district, per City Code of Ordinances, Section 110-334, Special Exceptions permissible by the Board of Adjustment—Matthew Olenick—Owner— 110& 112 Ocean Garden Lane. Mr. Dickey presented Staff's report/photos. The application is for approval of a Special Exception for construction of a single-family home on lots 5 & 6 within Ocean Gardens Wave One subdivision. This subdivision is built-out with single and two-family homes (primarily attached townhouses). The Applicant is proposing to construct the home on two lots which are zoned C-1 and together comprise .26 acres. Section 110-334 of City Code requires approval of a Special Exception for residential development in C-1 zoning district. Surrounding uses are all residential although zoned commercial. In March 1990, Board of Adjustment approved Special Exception No. 90-2, which authorized construction of townhouses. The majority of lots have been utilized for townhome development. There are two single-family homes built in this development. Staffrecommened approval of Special Exception No. 2016-02 to Board of Adjustment. Assistant Attorney Kopp stressed the need to consider the Special Exception request to allow a residential use in a commercial zone, using the City Code only. Assistant Attorney Kopp swore in the Applicant. Chris Sell, acting on behalf of the property owner, explained how he became involved in this process. He would be the person building on this lot. Staff explained that this Special Exception would remain with the property, if approved. Mr. Eilau opened the meeting to public participation. Assistant Attorney Kopp swore in the speakers. Tim Maitland spoke of Applicant meeting criteria for the HOA and concerns with drainage. 3 Board of Adjustment Meeting Minutes February 25,2016 Susan Nassoiy spoke of working with Applicant to meet HOA criteria. The meeting was closed to public participation. Motion by Mr. Wassell, seconded by Mr. as to recommend approval. Vote on the motion carried unanimously. fi,1-4;ar o.,)D REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: Motion by Ms. Brown, seconded by Mr. Sweetman to adjourn the meeting at 7:25 p.m. Vote on the motion carried unanimously. A• : ,ved on his day of t— , 2016. ( A .• so. &'i -' ° - ' Patsy Huffman, Board Secretary 4