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HomeMy WebLinkAboutBOA Minutes 8-23-2016 Draft BOARD OF ADJUSTMENT MEETING MINUTES August 23, 2016 A Meeting of the Board of Adjustment was held on August 23, 2016, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Acting Chairperson Douglas Raymond called the meeting to order at 6:02 p.m. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Douglas Raymond Acting Chairperson Desmond Wassell George Sweetman Joe Elliott MEMBERS ABSENT Arvo Eilau Chairperson Linda Brown OTHERS PRESENT Kimberly Kopp Senior City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Meeting Minutes – February 25, 2016. Motion by Mr. Sweetman, seconded by Mr. Wassell to approve the Meeting Minutes of February 25, 2016, with correction on page 4 to read, “seconded by Mr. Raymond.” Vote on the motion carried unanimously. Staff made recommendation to present Item #3 before Item #2. Acting Chairperson Douglas Raymond agreed. Kim Kopp, Senior City Attorney, swore in audience members wishing to speak. 2. Quasi-Judicial and/or Public Hearing: Motion Re: Variance Requests No. 16 - 02 – 127 Oak Lane – John Dismore – Applicant. To allow for a 4-foot setback from an adjacent residential lot line rather than the 8 feet required by Section 110-297(a)(2), City Code. Board of Adjustment Meeting Minutes August 23, 2016 Mr. Dickey presented Staff’s report/photos. Staff pointed out the area in question. The property owner of 123 Oak Lane recently added a fence between the two properties. A survey by Walker Land Surveying, Inc. was submitted for the original building permit. Subsequent to the issuance of the building permit, there were suggestions by adjacent property owners that the submitted survey was incorrect. The City requested documentation in support of this claim. The resident of 123 Oak Lane submitted a second survey around January 15, 2016, conducted by Riehl Reliable Surveying and Mapping and it showed a conflict with the Walker survey. The conflict centered on the location of the shared side property line between 123 and 127 Oak Lane. The two surveys indicate a discrepancy of four feet. The Applicant recognized the discrepancy between the two surveys, thus creating the need for a variance. The Applicant is requesting a variance to the eastern side yard setback from the required eight (8) feet to four (4) feet. The subject parcel contains a single-family house. The property is zoned C-1, which must meet R-2 standards when developing in a residential manner. The Board questioned the timeframe between producing the second survey by Riehl and Staff indicated it was months. The Applicant was issued a building permit on October 6, 2015, for the construction of a single-family residence relying on the survey by Walker Land Surveying, Inc., a licensed surveyor in the state of Florida, which indicated compliance with City Code requirements to include property lines, setbacks, location of improvements, etc. The permit application also included a warranty deed with a legal description consistent with the survey and the Applicant was able to start building. The Applicant reported an attempt to purchase a 4-foot section of property from the owner of 123 Oak Lane had been unsuccessful. Therefore, the Applicant submitted a revised survey showing the property line in question shifting 4 feet to the west of the original location. This is in accordance with the Riehl survey and resulted in a 4-foot side yard setback to the house on 127 Oak Lane. For this purpose, a variance of 4 feet from the required 8-foot setback is requested. Sec. 110-37 of the City Code established certain criteria that must be evaluated when a Variance Application is being considered. Most importantly, when conditions are peculiar to the property and not the result of actions on the part of the Applicant. Staff recommended approval of a 4-foot side yard setback to the required 8 feet to allow for a 4- foot setback on the east side yard. Discussion ensued to include timeframe between surveys and construction, trying to reach an agreement and complying with rules pertaining to permit application. The Board asked the Applicant to explain circumstances surrounding this request. He explained he bought the property with a recorded deed and a survey that showed four (4) lots. The surveyor used the deed and the title policy to survey the property. He built the first two houses and started on the second two houses. While in the middle of setting the trusses for property located at 127 2 Board of Adjustment Meeting Minutes August 23, 2016 Oak Lane, the property owner of 123 Oak Lane called him to indicate he felt the property boundaries were incorrect. The Applicant explained the reason that 123 Oak Lane had a survey done was due to an “overlapping deed,” which makes both surveys correct. He decided to concede to the survey done by Riehl to try to move the process along and construction stopped. Mr. Raymond opened the meeting to the public at 7:15 p.m. Mark James lives at 135 Oak Lane. He asked for clarification of recording deeds; Senior City Attorney Kopp explained the City’s responsibility was not to verify records recorded, but to take into evidence documents and testimony presented to Board Members. Mr. James asked “why the need for setbacks?” Staff explained the need to “separate” structures for public safety, as well as for density purposes. Mr. James had concerns about certain restrictions imposed on the owner by the change in setback requirements. Alicia Spring lives at 126 Oak Lane. She felt the survey produced by the Applicant did not match the surrounding properties. It was brought to the attention of the Applicant and the City at the beginning of the process. Don Haynes owns a three (3) acre parcel on the end of Oak Lane and felt the Applicant does have a hardship, thus he is in favor of granting the Variance. Tim Bratcher lives at 123 Oak Lane (property next door). He handed information to Board Members, most of which was already in their packets, and gave his view of events to include how he and his girlfriend came to occupy/own their property; stated the Applicant had built three (3) additional homes on surrounding lots before starting on the fourth house (in question); spoke of flooding issues; not being notified of the application for a Variance; dimensions he has taken using a tape measure; Applicant offered to buy his property; inaccurate surveys; information provided to Applicant and the City should have stopped the process and the surveyor should be held responsible for the inaccurate survey. He spoke of the new fence recently built and concerns with flooding. The Applicant explained he could have stopped work if given additional, contradictory information sooner, not three (3) months after the fact when he was completing the house. Mr. Branchard was not the property owner when the process started. All other setbacks are correct. Kathryn Seidel lives at 135 Oak Lane and had concerns of the inaccuracies of the information on the deed and what effect this might have on her/other properties. Mr. Raymond closed the meeting to public participation at 7:47 p.m. Discussion ensued to include the conflict between surveys; discrepancy in setbacks; permitting in correlation to when building started; civil issues vs the City’s responsibility and trying to help property owners come to some type of agreement. 3 Board of Adjustment Meeting Minutes August 23, 2016 Senior Attorney Kopp advised the Board to make a decision based on the application, information presented and testimony. Other outstanding issues can go through a civil process. It was not the responsibility of the Board to try to guide the participants to make an amicable resolution, only to vote on granting/denying the Variance Application. Motion by Mr. Elliot, seconded by Mr. Wassell to approve Staff’s recommendation. Vote on the motion carried unanimously. 3. Quasi-Judicial and/or Public Hearing: Consideration of Special Exception No. 2016- 03 to authorize an Automotive Service Station (Cumberland Farms) in the C-1 zoning district, per City Code of Ordinances, Section 110-334(c) – Chris Ossa, P.E., Applicant - (8000 Astronaut Boulevard). Mr. Dickey presented Staff’s report/photos to show the following: two (2) entrances, location of dumpsters on northeast corner of property, retention areas and location of convenience store on the property. The application is for construction and operation of an automotive service station. The proposed development consists of a 4,928 square-foot, retail convenience store that includes six fueling islands (12 fueling pumps) under a detached canopy. The project includes 22 parking spaces including one (1) handicapped space. A 325 square-foot outdoor seating area is proposed adjacent to the southeast corner of the building. The project is located on a 1.42-acre parcel, which has frontage on Astronaut Boulevard and North Atlantic Avenue. Sec. 110-39 (c) of City Code establishes certain criteria that must be evaluated when a recommendation from the Planning & Zoning Board to the Board of Adjustment is being considered. The proposal meets these minimum standards. With the adoption of Ordinance No. 11-2015, City Council established specific regulations dealing with automotive service stations. A notable provision of the Ordinance was to allow new stations in the M-1 zoning district only. However, the Ordinance also established that all existing service stations that were lawfully permitted through the City’s Special Exception process prior to November 17, 2015, would be “grandfathered” if they met the following criteria: • located on a single lot of at least one acre and; • 275 feet of single street frontage. The subject parcel/request meets these requirements. The traffic study by McMahon Transportation Engineers & Planners dated March 17, 2016, indicated the analyzed roadway segments will continue to operate at an acceptable level of service with the proposed development. On April 20, 2016, the City’s Community Appearance Board granted a Level 1 approval for the proposed development. 4 Board of Adjustment Meeting Minutes August 23, 2016 On July 27, 2016, the City’s Planning & Zoning Board unanimously recommended approval of Special Exception No. 2016-03 and Site Plan Approval. Staff recommended approval of Special Exception No. 2016-03, subject to the following conditions: 1. Prior to the City’s issuance of a Certificate of Occupancy, Cumberland Farms shall record with the Clerk of Brevard County a temporary signage, landscaping, public amenity and utility easement (“Temporary Easement”), as depicted in the hatched area on the Site Plan, to the City of Cape Canaveral (in a form acceptable to the City) to run concurrent with the land for the term of the Cumberland Farms lease and any future Cumberland Farms sub-lessees. Such easement agreement shall include the following definitions: Signage – as authorized by City Code Chapter 94. Landscaping – as authorized by City Code Chapter 110, Article X, Economic Opportunity Overlay District. Public Amenity – a publicly interactive and/or publicly aesthetic enhancement. Examples include sidewalk, pedway, outdoor furniture, courtyard, bike rack, clock tower, fountain, or public art. Specifically excluded: public restroom facilities and utility equipment serving property outside of the easement area. Utility – electric and/or plumbing equipment serving only the easement area. Specifically excluded: service equipment for sewer, telephone, cable television and gas. 2. Prior to the City’s issuance of a Certificate of Occupancy, Cumberland Farms shall record with the Clerk of Brevard County (in a form acceptable to the City) an agreement to convert the Temporary Easement to a Perpetual Easement should the Tenant or any future Cumberland Farms sub-tenant become owner of the property. Chris Ossa, Applicant for Cumberland Farms, was present to address any questions. Mr. Raymond opened the meeting to the public at 6:20 p.m. Board Members had concerns regarding traffic/impact to surrounding properties. Mr. Ossa indicated that he complied with City Code requirements for the needed traffic study. Staff addressed future projections that would help with traffic at the intersection of Astronaut and North Atlantic Avenues. Three (3) residents of Cape Canaveral spoke in favor of the project, but also had concerns about traffic and safety issues. Mr. Raymond closed the meeting to the public at 6:47 p.m. 5 Board of Adjustment Meeting Minutes August 23, 2016 Discussion ensued to include Cumberland Farms adding to the character of the City, a positive enhancement, good location and being a reputable company. Motion by Mr. Elliot, seconded by Mr. Sweetman to recommend approval to include Staff’s recommended conditions. Vote on the motion carried unanimously. 4. Interview & Recommendation to City Council Re: Potential Board Member, Joseph Tichich. Mr. Tichich has lived in Cape Canaveral for six (6) years and plans to live here indefinitely, He has recently retired (Lt. Colonel of 35 yrs.) and would like to offer any knowledge or experiences he has. He worked as a Deputy Base Engineer while in the Service and has a degree in Electrical Engineering as well as Computer Technologies. Board Members thanked Mr. Tichich for applying Motion by Mr. Elliott, seconded by Mr. Wassell to recommend approval to City Council. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: Motion by Mr. Wassell, seconded by Mr. Sweetman to adjourn the meeting at 8:08 p.m. Vote on the motion carried unanimously. Approved on this _____ day of ________________________________________, 2016. _________________________________ Douglas Raymond, Acting Chairperson _________________________________ Patsy Huffman, Board Secretary 6