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HomeMy WebLinkAboutTranscript 01-25-2006 Verbatim Transcript Planning & Zoning Board Meeting 1`" r' January 25, 2006 _ ", E By: Susan L.Chapman, Secretary to the Planning &Zoning Board Cap Agenda Item: Recommendation to the Board of Adjustment - Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District(Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson for Tripple J Investments, LLC, Petitioners. Bea McNeely: Item number three is a recommendation to the Board of Adjustment for special exception request number 05-15 to allow residential use in the C-1 zoning district. Harbor Heights West Subdivision lot 3 section 14 township 24 south range 37 east. John Johanson for Tripple J Investments is the petitioner and I will go to the City Planner first so he can tell us what we need to know about this one. Todd Peetz: This site is commercial C-1 zoned and was granted a special exception for residential three years ago for residential and that special exception has lapsed. The application again is a special exception for and the intent again is to build three units. The site is approximately .41 acres + or-. And .41 acres would allow up to 6 units per the acre. As far as the surrounding area we have R-2 Villages of Seaport to our north. We have single family to our east. We have single family and multi-family to our south and we have commercial zoning to our west. Three units would not generate we have two hundred sixty one peak hours available on North Atlantic so we wouldn't have a problem there,three units would generate up to six hundred gallons per day and six hundred gallons of waste water per day. There's no wetlands or floodplains, or archeological sites associated with this project and I'll just leave it at that and answer questions. Bea McNeely: All right we have a worksheet in our packet it's page number 14. John Fredrickson: I have a question. What is the time for a special exception to expire? Todd Peetz: The time frame for a special exception to expire is twelve months if you don't act upon it if you don't get a c.o. on that property. I believe it expires or you can extend it for one twelve month period after that but you have to get your c.o. within that time frame and after that it expires. John Fredrickson: How long ago was this approved? Todd Peetz: It's probably been about three years ago I believe. It's expired. Bea McNeely: And it was for how many units? -1 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Todd Peetz: The special exception I believe was approved for only three residential lots. One we just recently approved as part of that townhouse project that we just recently approved at the corner of Sea Shell Drive and Harbor. Then there's a single family directly to the south of this project that is C-1 zoned but it has a special exception for that residential unit and this is the last of the three vacant lots that was approved as part of that original special exception. Bea McNeely: That original special exception the petitioner wished to build what on it? Single family? Todd Peetz: The original special exception was broken out into three lots and replatted for three lots. Bea McNeely: And this is lot three. I've got it. On the worksheet I'm going to ask you if you are the person that filled it out this worksheet. Todd Peetz: Yes ma'am. Bea McNeely: And all the answers on here are correct? Todd Peetz: Well to the best of my knowledge. Bea McNeely: Well since this is quesi judicial I just want to make sure that this is part of the testimony. Okay so do we have questions for Todd from the board? Lamar Russell: So the original special exception did expire and we are entertaining the new one because of that reason is that correct? Todd Peetz: That's correct. Bea McNeely: On page 15 item number five at the top of the page speaks to parking and so would you explain a little bit? There seems to be some concern about that. -2of21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Todd Peetz: The applicant supplied a replat for the property for the three lots that's for townhouse units. The replat basically shows one drive-in so there's not three drives. So when you drive in on a shared driveway and as it gets closer to the units and it's in your exhibits. I believe it was attached anyways when it gets closer to the units I believe it brakes off or it has wings on either side of it where people can pull out. The comment is that and it's something that can probably be addressed at the site plan level. The comment is that if somebody blocks or stops at the end of that drive the owner of the other two units or all three units they can't get to there units. That's gonna be a comment we talk about at site plan at plan review. Bea McNeely: Yes I realize that at site plan review but that does seem to be a problem that's not resolved according to your report. Todd Peetz: Yes it could be a problem if it's not resolved. As it's shown right now it looks like it could potentially be a problem but I think its something we can probably resolve. Lamar Russell: This is not a site plan review tonight is it? Todd Peetz: No sir its not. It's just that when I am reviewing it and filling out the worksheet I give you as much information as I can and I would have thrown that in for any project if that information was available to me. Lamar Russell: So we would see a site plan after this? Todd Peetz: Yes. Well your gonna see a replat because this is not going to have a site plan because it's only three units so you'll only see a replat on this one. Lamar Russell: We need to see a replat before we see a site plan. Todd Peetz: You won't see a site plan on this one. The site plans are for four or more units. Because this is only three units you'll only see a replat. Duplexes and tri-plexes don't go to site plan review. Lamar Russell: I remember thank you. -3 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Bea McNeely: Well okay it just seems to me that we may have not had these questions if we had had a little more information about how the parking problem would be arranged. Are there other questions for Todd now? Questions from the board? Harry Pearson: I would like you to just comment on the meeting before last or whenever it was on the I believe three lots adjacent to this. This to me is all a piece of the whole area rather than just this one. Todd Peetz: Right I'm gonna hold this up for the audiences benefit. The one that was approved recently was at the corner of Sea Shell Lane and I believe Harbor Drive which is right down here. Then there's a single family unit here and there's another single family unit on the north end and south so there's two existing units that was approved on the other side of this single family lot was for four townhouses where two of the townhouses accessed Sea Shell Lane and the other two accessed onto North Atlantic. Does that answer that question on how the other one was situated? Harry Pearson: Yes. Everyone needs to know that it's all that vacant land in there it's not just this little pie shaped piece nipped off the end of it that's going to be developed in to homes. Todd Peetz: Right. Bea McNeely: Do you think that's going to compatible? Todd Peetz: Well that's a very good question. The use is C-1 now o.k. the zoning and the comp plan is C-1 this is a special exception before you can use it for residential it has to come to this board and the Board of Adjustment for approval to have that use. The uses that he has now that he would only have to go to site plan for would be restaurants, offices, businesses and things like that, gas station even, so these are uses that even may be more incompatible that are permitted today than the request for three residential units in this area, so when you talk about compatibility it's a fairly debatable issue here you know what's currently permitted here it far less compatible to what's there than what's being proposed which is much more compatible, but may not seem compatible to is what is already there. Bea McNeely: okay questions for Todd? --- silence --- all right then I would like to hear -4 of 21- verbatim transcriptlp&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Donald Dunn: I do have a couple of questions. This issue regarding the driveway it could be wider than what is shown Todd Peetz: It could be. Donald Dunn: If it were would it eliminate this potential dilemma? Todd Peetz: I would. I shouldn't speak for the applicant, but I think the idea was to save open space and save tree there whatever trees that might be there but uh I think that was the idea of just not having one big paved area going into that site and again the applicant can better address that than I can. Donald Dunn: Where would things like trash go and the trash truck go and garbage? Would they have to back up in there or drive in there or what? Todd Peetz: I think you can do curbside if you wanted I mean I don't see why you couldn't have curbside there. Donald Dunn: For three sets of containers out there? Bea McNeely: Since this is part of something else what about the storm water and the drainage? Todd Peetz: Well again that would probably be addressed more during the building review of the site I guess public works and engineering both well actually public works signed off on this one. Bea McNeely: All right we still have we'll have questions --repeat-- we'll have questions at that time. Any more questions from the board for Todd? --silence-- All right I'd like to hear from the applicant then Mr. Johanson. John Johanson: Hello my name is John Johanson I live at 310 Adams Avenue Cape Canaveral. We are requesting a special exception at 8809 Sea Shell Lane. Currently as Mr. Peetz has stated its zoned commercial with fifty percent coverage of building coverage. What we're proposing is three residential units and it comes out to between twenty two and twenty three percent coverage so we're reducing the coverage leaving as much open as we possibly can. -5 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secrctarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North John Johanson --continued-- For this zoning R-2 which is the special exception we could go six units we only want to go three so it would be a more attractive to situation to the neighborhood. And as far as the driveway that was just it says proposed driveway we asked the surveyor to put that on there along with the building layout just to give you an idea. We didn't want to keep the driveway not you know one big concrete pad going in it because that would be ugly and we want to stay away from that and that's why we tried to use one common driveway because there is a seventy five foot set back and we didn't want that to look bad. Bea McNeely: All right questions? John Fredrickson: Were you involved with this project when it first came to us? John Johanson: No sir we purchased this property I believe it was October of last year 2005. John Fredrickson: Do you know why they never acted on it? John Johanson: Sir I've got no idea. I didn't even talk to the previous owner. Bea McNeely: All right lets see if I can find this special exception worksheet. Is that page four? No back to page fourteen ok all right I've found it again. All right ok is there anything else? Was there any more questions that came up from the worksheet? --silence- all right lets go to the audience. Let's take turns. Okay I saw your hand shoot up right a way. Judith Lau: Thank you. My name is Judith Lau. I live at 211 Coral Drive. I appeared before this Board when the corner lots were under discussion. And first I would like to clear up a misconception. The corner lot deal that went through for the four townhouses is not connected with this lot. I've got two pictures here that will show you that the lot there asking for a special exception is between two single family residences. That driveway would go right down the middle of that lot for the seventy five foot set back to the three townhouses. -6 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Judith Lau --continued-- This picture is the next one in line. My house is on the other side of this. Harbor Heights as you all know and if you look at your own zoning map and your land use map is the only single family low density residential area in all of Brevard County. Not Cape Canaveral, Brevard County that does not cross a street to get to the beach. It has been single family low density residential since the first house was built in the early sixties. My house at 211 may have been one of the first. It was built in 1962. When you approved the townhouses for the corner that's just a little half block coming in and even they are having trouble getting approval to get the traffic in and out because of the way Harbor and Coral form that figure eight to the ocean. You can see it on the map right there. It is the only light yellow which stands for single family on that map its sandwiched between two multiple family unit gated communities Villages of seaport and Ocean Woods. We are not a gated community. We are a neighborhood. And to allow townhomes to be built in that neighborhood is taking away from the character and the uniqueness. Now the last time I spoke our City attorney said you would get in more trouble for not allowing a special exception then you would for granting it because evidently special exceptions have been the norm for this area. If you don't like your zoning come in and they'll give you a special exemption. Those three lots one two three were listed for sale for single family residences. Not multiple, single. The one in the middle was purchased and built upon. That's this house. I'd like you to look at it. That is the house that was built on lot number two. The exception expired on the other two. That poor gentleman had no idea that he was buying something that would go away. This is a picture of the rest of that vacant lot and the single family house next to it. They're gonna cram three units in to it a 58 feet from survey stake to survey stake 58 feet wide. That is a single family lot and now they're encroaching into my neighborhood and these are my neighbors. Who has the petition? Bea McNeely: We have it. Judith Lau: With seventy three signatures on it on the petition from people who live in the neighborhood asking you not to allow multiple units. If you want a special exception to make it residential then keep the zoning compatible keep the planning with the rest of the neighborhood which is single family. There is very few even two story homes. These are all single family, single story, cement block, Florida ranch homes. And all of a sudden you're gonna cram three two story townhouses that will be butting up to his back yard seventy five feet back we'll have just a big it'll be like we lost a front tooth. -7 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Judith Lau --continued--Plus the tree that sits right in the middle of that lot I don't know what the circumference is around it because I can't get close enough to hug it but I think it's gonna be just about the size that you don't want people chopping down and I ask you to seriously to deny the special exception. If they want if somebody wants to build on that property and build a home they can do it because obviously there's no problem to get an exception. This is another picture of the lot and the drainage that other people will speak to that has happened with the construction around that corner and the drainage to the other existing properties. But I would seriously ask you to consider what it is you're doing. You're ruing the character of something that has been here since 1960 and for what reason? That lot was meant for a single family home not for three townhouses sitting to the back with a big cement driveway. We don't even have parking on our streets. No right of way parking in Harbor Heights. When we have guests they can't park on the street and all of a sudden your increasing the per person load on a lot that is meant for a single family home. And I'll ask you not to grant the exception thank you. Bea McNeely: Are you submitting these pictures as evidence? Judith Lau: I certainly will. Bea McNeely: O.k. well pass them to the attorney. All right. Karen Johnson: Karen Johnson at 346 Coral Drive and I want to say that I agree with this lady here whole heartedly its a pretty unique neighborhood with all single family homes we're all neighbors and that's what we were told it would always be and then when they put the ones on the corner we call them the projects because that's what we think they look like but that's neither here nor there we just don't think it's been very much conscientious development here in this city we need to kind of look at what we're doing. We're cutting down all the trees we've got like ten squirrels in our yard. We've never had squirrels in our yard but the Oak trees are gone. We ride our bikes down by Oak Park on the corner there by Shorewood all those homes there's hardly any Oaks in there. We were gonna put a beautification sign in there now that they taken all the Oak trees down it's kind of a joke because we talk about tree city and then we do something like that well they say if you replace it with an indigenous tree it's okay so they put Palm trees up well that's just another way to get around it. But those Oaks have been around there for a long time and a lot of these animals don't have any where to go so they're no encroaching in the residential areas and lots of times they're nuisances. -8 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Karen Johnson --continued--They try to brake into your shed and squirrels have no where to go so they're eating through the vents and everything but the fact remains we've got to keep that neighborhood as it was intended to be a single family dwelling neighborhood and that's all I have to say. Bea McNeely: I hear your comment as being incompatible. That's what I hear you saying. The next person from the audience. David Langstrom: My name is David Langstrom. I live at 432 Beach Park Lane in the Villages of Seaport. The one thing that I would like to ask the developer or the board is 11 is are you familiar that there's a ten foot easement between Beach Park Lane and all the property along Harbor Heights and if it is I want that to be maintained. Many of the owners in Harbor Heights have taken that over. They have put storage buildings there and other things. There's only a few further down off of Beach Park Lane that have maintained that easement as they should. Lamar Russell: Does that easement adjoin the property in question tonight? David Langstrom: Yes it does at the rear end of it according to our wall at Beach Park Lane. Yes it does. Lamar Russell: Where is Beach Park Lane? David Langstrom: It's the south road in Villages of Seaport. Todd Peetz: I'm looking at I believe page 12 of your thing at the radius map and there's a little wedge there on the north side of this property that I believe is not part of there property but it's adjacent to there property and I can see Beach Park Lane over to the right along the north side of Harbor Heights. Lamar Russell: Okay I just needed to be refreshed. I didn't have those streets memorized. -9 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North David Langstrom: And even though these are only three units we also question whether that traffic study that the City of Cape Canaveral has promised for North Atlantic has been completed to the extent that we know how much traffic is going to be there in ten years this is not something that's gonna break the camels back but every new project that goes in there is adding more and more cars to that road it's almost impossible for us now to get out of our development onto North Atlantic Avenue. I guess that's my only comment. Thank you. Bea McNeely: Next ohh how about mister in the green shirt. Don Foley: My name is Don Foley I'm at 224 Coral Drive. We've already spoken to the incompatibility which is very obvious so I'm going to bring up another point because I know we got a lot behind us and that's the value of the property. I feel that I live very close within three or four houses from the site. I think that if we build multi-family in there it will affect the value of my house. I understand your point if it was commercial building it would hurt it more. Well my prospect would be lets try to right a wrong that was done a long time ago any way lets see if we can make a decision to go somehow maybe fight for the right thing to do and that's what I hope you guys job is to get it back to single family house. Granted I'd rather have something like that than a commercial building but I don't think that's the option we should be looking at either or I think it needs to be and it obviously should be a single family house if not just for the if not just for the value of the houses around it. Thank you. Bea McNeely: Okay you were on your feet. Keith McCoy: My name is Keith McCoy 204 Coral Drive and my house will be the house just to the east of this property. If you move this back the setback 75 feet I'm gonna have three townhomes looking right into my back yard. Two story townhomes. My new neighbor that just built a house there he will be surrounded from Sea Shell to the South and I guess to the west on North Atlantic if those four townhomes are gonna wrap around that way he's gonna have those three on the other side. Now I was looking out in my back yard today towards North Atlantic Avenue and it's probably a seven foot drop off from my yard up to North Atlantic Avenue. I can see the cars going by I can see the tires. I've walked that property. All the drainage runs right into that lot. If all of you walk through there you'll see it. And from Seaport the west end of Seaport there's a wall there and there's a ditch and water runs down that ditch to the South into that vacant lot. -10 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Keith McCoy--continued-- There's a wall right here that you can see right through here and it's all down hill and it runs right into that lot and from there it runs towards my lot and into my backyard. So when they built this townhome I'm sure they're gonna have to build a pad for this thing. When they raise that pad where's the water gonna go to? It's gonna go into my backyard and my neighbors backyard. He's surrounded on both sides. i There's no where else for that water to go. And another thing if you look over by Ocean Woods those townhomes they built there they have a big retention ditch there and its all going back to the east and there's those four townhomes on the south side of Sea Shell as your coming in you know those older ones all that asphalt on those new townhomes that water runs down behind those guys' townhouses he had to build a deck about this high off ground put French drains in there to keep water from going into his townhome. So if you all get a chance you should go over and look at that and if you have these Oak trees I hear they're gonna landscape this stuff with those three townhomes well there's no place to put landscaping in there they've got a five foot easement for the drainage ditch they're nine feet off my back yard and plus there's gonna be a sidewalk on the side of these townhomes to get into there homes so where does that leave landscaping? It doesn't. So I strongly suggest that you deny this. I mean it's not meant for that. The poor neighbor's gonna be surrounded. He had no clue when he bought this house two years ago and like everyone said it's not compatible. Single family's fine and let's try to keep it that way. Thank you so much. Bea McNeely: Someone else? Rita Perini: My name is Rita Perini I live at 247 Coral Drive. I whole heartedly agree with everything my neighbors are saying. This subdivision Harbor Heights is truly the sole treasure of Cape Canaveral. You have nothing else like it and because of that I think you should deny the thing. Also my son came home from school today and he has a project to do he it had to do with reading a verse out of the Bible of what it meant to him and had to portray that in a picture and I just wanted to show you what he was portraying. The lot in question has some of the oldest most beautiful Oak trees that are remaining in the City of Cape Canaveral. You will destroy those trees. The wildlife that lives there and our neighborhood for our kids. There's children all around those lots and you're putting them in danger by increasing the traffic and I hope you consider the lives of those children who live in this neighborhood. Thank you very much. -11 of21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Franklin Martin: My name is Franklin Martin I live at 382 Coral Drive and I've lived there for over forty years now. About thirty years ago I was sitting in your position as Chairman of the Planning& Zoning Board and at that time I was desperately fighting to preserve the R-1 zoning that we have in Cape Canaveral and I don't have to tell the Board of little of it we have and I think it would be ludicrous to give a special exception to the two remaining lots that we have in an R-1 area. Actually I think the presentation that the other neighbors have given has been excellent and I agree with them but the point out to you if you allow this special exception you're opening Pandora's box to everyone else that has an R-1 lot to come in for a special exception to build a high rise and this we don't want to do. As one lady said it's the jewel of Cape Canaveral. Now even in Cocoa Beach you don't find too many single family residences that close to the beach and I think the board should do everything they can to preserve that and it would be wrong for the board to grant that special exception. Thank you. Shannon Roberts: I'm Shannon Roberts I live at 703 Solana Shores Drive in Cape Canaveral and I just wanted to compliment I'm making an observation I just want to compliment the community for your activism and you representing your viewpoints I think your a great example to other citizens in the city and being a resident in that North Atlantic area I just wanted to support the comments that were made about the increased traffic pattern there and I guess the desire to preserve the precious uniqueness of the community as we now have it. I know I'm very blessed to live where I am which is a new development but I just wanted to compliment the community for your comments and also to express the concern with the traffic that we do have on North Atlantic it's just becoming absolutely alarming at least I can speak to the residents at Shorewood, Solana Shores, and Solana Lake communities that we're very concerned with what's happening in that area in terms of increased density. Bea McNeely: Okay Jim Graver: My name is Jim Graver I live at 358 Coral Drive I've got a couple of questions for the board. I haven't really seen the detailed plans that you have for this project so I'll start off with this first question. Is there access to this project off of Coral Road? and anyone up there that has looked at these plans can answer that. Lamar Russell: We don't have the site plans in front of us. As Todd said we don't seem them if they're a single family duplex or tri-plex. -12 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Jim Graver: Okay so you haven't seen anything about the project? Where they're getting access or anything? Lamar Russell: No the only thing we're talking about is the special exception. Jim Graver: Okay well if they were asking for some access off of Coral Road I would submit that maybe Coral Road is not designed or maintained to the point to take the extra traffic if they had to come into the back side. You've heard all of the other comments I think the bottom line to this whole deal is you know what the subdivision was platted for you know there is two single family dwellings on either side of this lot how many places have you ever been that somebody comes in and builds a multi-family in the middle of a subdivision and if you start it now it will come up later if a house burns down somebody deserts one right in the middle of the subdivision somebody else comes in and say hey you put a three townhome here right in the middle of the rest of our homes I don't think so. I think the answer when you really look at it's gonna be real simple. I think your decision will be self-evident. Bea McNeely: I'm gonna see if there's anyone else that wishes to speak then we'll come back to you Mr. Sauremann. Yes ma'am Arlene Balestrieri: I'm Arlene Balestrieri I live at 204 Coral Drive I am opposed to the granting of the special exception of the townhouses as of course I would be the adjacent next door neighbor. It is totally incompatible with our neighborhood and I wish the original owner of those lots were here tonight,because he is just sickened by this. He sold those lots and he broke them into three pieces so he could finish the circle with three individual houses. I walked around the streets for a few hours and got the signatures of everybody that I approached. There wasn't one person in our neighborhood that even said wait let me think about this. They were all more than willing to sign. It's affected every one of our lives. You asked about the entrance there is due to be an entrance on Coral Drive. There is not enough room for it to get into. There are traffic issues. My son's school bus is late a majority of the days because it can't even get out of our neighborhood on time. This is a problem. So I ask you to deny that. I know I've watched my fiancé struggle with this because he's got a personal interest in this because he's a friend of the builder. So he's got to struggle with his friendship or his home and he had to do the best thing he could do for him, his life, and us. So we're fighting to keep it a single family residence that is what it was originally intended to do and that's why we hope you will honor and keep with. -13 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Bea McNeely: Anyone in the audience have anything new to offer? Mr. Saurenmann do you have anything new you wish to bring to the board? Hans Saurenmann: Only to make a point because I'm the only owner that really able to profit from his idea because I'm the owner of this little strip between Ocean Oaks and Harbor Heights. Two thousand six hundred and thirty three feet long and twenty feet point seven wide. If this plan goes through I can put in at least four units on my property there because I have no problem with the boundaries. I simply take my property and I have no easement there. We're the only two guys in Harbor Height that have no easements there. That's my neighbor and me. If this goes through and you give them their special permission to change it you will have me I will exactly demand the same then I put in a three story building in the front and in the back and fill it up take the money and run. Thank you. Bea McNeely: All right we've been through the audience and so it brings us to more discussion by the board. My summary of what has been presented is that the community is unique and this would not be compatible. There are things that this board has to consider in giving a special exception that does not include just the wishes of people. We have to look at the zoning and we do look at the compatibility, and the uniqueness and things like that, but we can't arbitrarily change things we have to have reasons. Are there comments now from the board? Lamar Russell: Yes I have a few. I just before I make decisions like this I try to build some logic because in the past I use to sit where Bea sits and you have to write that logic down on the recommendation sheet that we hand up to the Board of Adjustment and it needs to be pretty sound. So the facts that go through my head are as follows yes we have a multifamily use approved by special exception at the corner of Harbor Drive and Sea Shell Lane and yes we have another multi-family use south of that address and the other fact is that the area in question tonight is zoned C-1. It really needs to be zoned R- 1. I thought I had requested an agenda item to do exactly this. To rezone item area to R- 1 but maybe my old age kicked in and maybe I really didn't but I certainly talked about it often enough and we really need to rezone this area to R-1 and just make it compatible with the rest of the neighborhood. But as Bea said the Chairperson said the main criteria for a special exception are neighborhood compatibility. There are other criteria but the main one is compatibility. -14 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Lamar Russell --continued--A special exception is not a vested right. Some people think so but it really is a speculation on obtaining special use permission and that's all. It's not a right. The owner of this property told me I bought this property with the intention of building multi-family and that's valid. Some of my neighbors have said I bought my house with the intention of living in a single family residential area. So people on both sides of the camp had different intentions and we respect those. But I personally don't think that this multi-family use should encroach any farther into the neighborhood and I don't see how if it did I don't see how the landscaping could be compatible. I just don't think this is a compatible use with the properties around it. So however the motion is stated I intend to vote against this special exception. Bea McNeely: All right Donald do you have a comment? Donald Dunn: Yes. Can everybody hear me? I have much the same feelings about it. Particularly I was impressed by the photographs showing the residences on either side of this property and I can see the incompatibility and I would concur with my colleague that we not approve it. Harry Pearson: I have a puzzle I don't know if anybody in the audience or Todd can answer this? I'm looking at the property that would be lying to south west of this one now that has a single family home. How did that get there? It seems to be we had commercial at the one we're looking at we had commercial on the ones off of North Atlantic. How did that house get in their? Todd Peetz: The special exception for residential on those three lots there on the corner were approved for residential. That center piece that one that you're talking about south was built as single family residential but the other two lots the one that's on the corner and then this lot we're talking about tonight weren't built and they both had to go through well the one on the corner went through a special exception several months ago and now we're talking about this one tonight. So these two are going back again for special exception but there is a single family lot single family home on both sides of this lot. Bea McNeely: John we skipped you. John Fredrickson: No comment. -15 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Harry Pearson: Another thing we say a special exception to allow residential use in commercial district aren't we further defining the residential use in what they want to do? Not R-1 they're changing from what R-2? Todd Peetz: Well the special exception request is for residential use and the applicant can further define that. I mentioned that you could build six units here and they given us a preliminary plat for three lots three units no three lots. Bea McNeely: All right I've been through the board. Yes we'll hear from the applicant since this is your project. John Johanson: I'd like to clear up a couple of comments that were made. You keep referring to this as an R-1 lot. It is zoned commercial with a fifty percent building coverage. And what we are proposing is a residential with a whole lot less impact than a commercial project with a building coverage of approximately twenty two to twenty three percent which was less that half of the impact to the lot saving the trees and everything that everyone's concerned about. We are trying to make this a least of an impact to this neighborhood as possible taking it from commercial to residential. It is zoned commercial. We are not trying to detract at all from this neighborhood at all and as far as lowering the values of the homes I don't know the square footage what are the homes I'm estimating fifteen hundred is that close? Okay and average sales lately are three to three fifty--audience speaking--well what we are proposing is an average of nineteen hundred square feet and they're going to be going for four hundred thousand dollars. So it's not going to detract from the price of your homes. This is going to be a very and it was brought up that the neighbor is a friend of my partner Jim Morgan and it's very sad that this is coming between a friendship because when he called me about this piece of property he said here's the situation but there's stipulations I've got a very good friend I've known him for fifty years who lives next door. We're not going to impact him in any way. You can put six units I only want to do three a lot of landscaping and make it to look really sharp really nice I don't want to impact his friendship. I said hey if it works it works. And then he came back to me later after some time went by and said his friendship was impacted. This is the best thing. If you take your emotions away from this situation and you look at it for what it is black and white it is zoned commercial and we are trying to do the best situation for the neighborhood. Now you know please look at it with an open mind and we are open to any discussion. -16 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North John Johanson--continued-- To be honest with you I'm really surprised I'm happy for the turn out in the interest in your neighborhood because a lot of times you don't see it and that's a sad thing. But we're not trying to impact in a negative way in your neighborhood not at all. This will help your neighborhood ten times better than any commercial project and it is zoned commercial not residential. Within the past two weeks I've been before this board and I've been before the City Council and I've been asked by the attorney can you be impartial in your vote. So I ask the board to look at what it is and what is truly best for the city. Not only for the city but for these citizens right here. Would you like to see a commercial business on it with fifty percent coverage or would you like to see a residential situation? So I put it back to you on your impartiality and what truly would be best for this piece of property right here. Fifty percent coverage with a parking lot on top 11 of it you talk about trees there will not be any trees or twenty two to twenty three percent coverage with the smallest driveway we can get and make Mr. Peetz happy everyone happy here so people can get in and out I'm not busting on you Todd but to make everyone happy you don't want concrete on the front you have a commercial situation that is what your are going to have. Please look at it for what it is and what it could be. This is the best situation this property can come across. If you just put your emotions aside and look at it for what it is and what we're trying to do this is the best situation. If I didn't think so I wouldn't be trying to do it and definitely my partner wouldn't do it because he was adamant when this started he wanted the best for this piece of property and is there any other questions I mean for this piece of property its Harry Pearson: I can comment John if we its saying if we change commercial to residential now what I'm hearing from the audience and even other members of the board is if we change it from commercial to R-1 single family there would be no objections at all. And what I'm going to ask you then I'm not going to predict the future of your investments. We turn this down tonight it stays commercial. John Johanson: That's true. Harry Pearson: But how could you develop this in other than the townhouses? John Johanson: You just heard him say we paid as much for the lot as they paid for their houses. So is it financially viable to do a single family? No it doesn't. I'm not trying to insult anyone in the neighborhood but that neighborhood could not support a house with the price we'd have to put on it. It would be suicide. --audience discussion unclear --- It wouldn't support the thing. I'm not trying to bust on anybody in the neighborhood. And it's just the way it is. -17 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Bea McNeely: Okay we're not gonna argue among ourselves. John Johanson: If you look at it with an open mind you look at it financially business wise Lamar Russell: Please address all comments to the board and don't debate with the audience. John Johanson: I apologize. Lamar Russell: And we'll recognize you in a minute. Go ahead. John Fredrickson: How serious is it for this C-1 to be developed as a commercial venture? Is there a plan B? John Johanson: No we haven't discussed it. We thought this would truly be the best avenue for this piece of property. We have not discussed that. No. John Fredrickson: --unclear audience talking over him ---- well someone else owns it you're involved with. John Johanson: Yes. John Fredrickson: If you can't get what you're asking for tonight do you think plan B would be commercial? Lamar Russell: John they can't hear you speak into the microphone. There's one right there you can move to it. John Fredrickson: I'm simply asking whether or not it's a serious threat that if this is not approved tonight that plan B is indeed to use the C-1 rating and put something commercial. -18 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North John Johanson: There is no plan B at this time because we truly thought this would be the least impact to the property and that's how we looked at it and that's how we went forward. Now financially I can't buy a lawn chair sit there and watch the grass grow. Something has to happen. So if you disapprove this something is going to have to happen because I'm not gonna own a piece of property and watch the tree grow. I can't afford to do that. Someone else might be able too. I can't. Bea McNeely: Okay alright you've explained your position. John Johanson: Thank you. Bea McNeely: Very well. We have two people from the audience who wish to speak again. So we'll go to Mr. Saurenmann and please keep your remarks as short as possible. Hans Saurenmann: Only for information for the board and the public the property which he has now was offered to me and I tell you in public that you can check that with the owner three hundred and twenty five thousand nine hundred and fifty five dollars not what he said if he paid two hundred and seventy five thousand dollars it's not my fault. Don't make the argument that the price of the property has anything to do with what it is today and still the board has the option if you change from C-1 all the way to R-2 that's a totally different issue. We are here to grant something which is not on the table. It's not grandfathered in and you can make a decision and you heard all of our neighbors. It's fair to say and respect the neighbors. Thank you. Bea McNeely: It was Judy right? Judith Lau: Yes ma'am I just wanted to make one comment and that is that property has been C-1 for how long? It has been vacant since the neighborhood was developed which was in the 60s. There's been no beating down the door to put in a seven eleven up there. They put the circle k across the street. Anybody who's going to do a commercial enterprise is going to do demographics is going to know where the traffic is where they can make their money. And it's not on the corner of Sea Shall and Harbor Drive. So trying to threaten that if we don't approve this we don't approve an incompatible use that they're gonna put in a commercial building is nothing more than blowing smoke and that's all that it is. It's a fifty eight foot residential lot in a single family residential neighborhood. That doesn't even have two story houses. If he paid a lot of money for the lot I'm sorry. -19 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P &Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Judith Lau - continued from previous page: When he talks about the value I paid seventy two thousand dollars for my house in nineteen ninety four. It's in a family trust I can't homestead my property because my father is still alive. My taxes this year almost hit six thousand dollars. Six thousand because there is no cap if the property is not homesteaded. So when he talks about increasing the value in my neighborhood when he lays a check in my mailbox because right now I'm at my maximum. The Brevard Work Force Development board and The Brevard Economic and Development Commission are holding meetings right now to talk about affordable housing in Brevard County for the work force that is already here. So I don't think his argument holds water. I think leave it commercial. Let's see if somebody can develop it commercial. The right thing to do is to have that property zoned R-1 which would make it compatible with everything else. Thank you. Bea McNeely: Well the application is not to change the zoning. The application is for a special exception for a residence. So that's what we have to deal with. Lamar Russell: It's time to do a motion. Bea McNeely: All right I'm ready for a motion. Lamar Russell: I move that we deny the special exception request and recommend that denial to the Board of Adjustment based on the idea that it's just not compatible with the surrounding uses. Donald Dunn: I'll second the motion. Bea McNeely: We have a motion and we have a second on the floor. I will remind the audience that this doesn't end here. This goes to the Board of Adjustment and I'm sure you'll be taking your comments to them so you have another chance to make your wishes known. We do have a motion and we do have a second. We do have a chance for further discussion. None from the audience? None from the Board? Call the question. Susan Chapman: Donald Dunn. Someone in the audience spoke --unclear--- -20 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09 Verbatim Transcript P & Z Meeting Jan. 25, 2006 Re: Special Exception Request No. 05-15 Sea Shell Cay North Bea McNeely: Step quickly to the microphone please. Steve Johnson: My name is Steve Johnson 346 Coral Drive. We didn't know anything about this unless our neighbor came around with a petition. I don't think that's fair to the people of Harbor Heights when we don't even know what's going on here and now you're talking about bringing it up again at another meeting we'd like to know when the meeting is. Bea McNeely: All right it will be published. I assure you. Tonight's meeting was also published. Steve Johnson: I didn't see it anywhere this time. Bea McNeely: Okay you're remarks are noted. Call the question. Susan Chapman: Donald Dunn Donald Dunn: for Susan Chapman: John Fredrickson John Fredrickson: for Susan Chapman: Bea McNeely Bea McNeely: for Susan Chapman: Harry Pearson Harry Pearson: for Susan Chapman: Lamar Russell Lamar Russell: for Bea McNeely: Motion passes. We have another item on our agenda and I see some very restless people out there so I'm going to call a recess until nine o'clock. -21 of 21- verbatim transcript/p&zmeeting/1-25-06/by:susanchapman/secretarytop&zboard/transcribed5/14/09