HomeMy WebLinkAboutBOA Agenda Pkt. 3-1-2017 BOARD OF ADJUSTMENT
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
MARCH 2, 2017
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any
agenda item that is listed on the agenda for final official action by the Board of Adjustment
excluding public hearing items which are heard at the public hearing portion of the meeting,
ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three(3)minutes. The
Board of Adjustment will not take any action under the "Reports and Open Discussion"
section of the agenda. The Board of Adjustment may schedule items not on the agenda as
regular items and act upon them in the future.
•
NEW BUSINESS:
1. Approval of Meeting Minutes: August 23, 2016.
2. Per Section 2-171, the Board of Adjustment shall elect a Chairperson and Vice-
Chairperson,by majority vote, at the first meeting held in January,unless there is no
January meeting,then the next meeting held.
3. Quasi-Judicial and/or Public Hearing: Motion Re: Variance Request No. 17 - 01 —
Parcel ID#24371428*A — Debbie Lewis — Applicant, has requested a Variance
approval as follows:
1) To allow for a 25 foot setback from the N.Atlantic Avenue right-of-way
rather than the 50 feet required by Section 110-536(a)(2),City Code;and
2) To allow for a 58.4 foot lot depth rather than the 100 feet required by
Sec. 110-336(2), City Code.
Property Legal Description: Parcel ID#24371428*A(vacant parcel immediately north
of 8804 N. Atlantic Ave.), Cape Canaveral, Florida 32920.
Board of Adjustment Meeting Agenda
March 2,2017
Page 2
REPORTS AND OPEN DISCUSSION:
Boards Procedures
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Board of Adjustment with respect
to any matter considered at this meeting, that person will need a record of the
proceedings,and for such purpose that person may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend
this Public Meeting. The facility is accessible to the physically handicapped. Persons
with disabilities needing assistance to participate in the proceedings should contact the
Community Development Department (868-1222, ext. 15) 48 hours in advance of the
meeting.
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 Chai • n
Linda Brown
OTHERS PRESENT
Kimberly Kopp enior Ci ttorney
David Dickey 'Community De, -to s or
Patsy Huffman Board= ecre •
PUBLIC PARTICIPATION:
None
NEW . ESS:
1. Appro Meeting es—Nparsr 25,2016.
Motion by Mr. an, seco • by Mr. Wassell to approve the Meeting Minutes of February
25, 2016, with corr. on 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 Stars 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 Stars 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 Staffs 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
: ;,y City of Cape Canaveral
- 1 Board of Adjustment
Meeting Date: 3/2/2017
Item No. 3
Subject: Variance No. 2017-01 includes: a variance to allow for a 25 foot setback rather than
the 50 feet required by Section 110-536(a)(2); and to allow for a 58.4 foot lot depth rather than
the 100 feet required by Section 110-336(2). The subject parcel is undeveloped and is located
on N. Atlantic Avenue (Attachment 1).
Department: Community Development(CD)
Applicant: Debbie Lewis
Summary: The Applicant is requesting the afore-mentioned variances to allow for the subject
property to be developed with a 1,500 square foot real estate office building(see Attachment 2).
The property is accessed from N. Atlantic Avenue and is zoned C-1, which allows for the
proposed use.
Due to the configuration of the lot,application of the required setbacks severely limit the use of
the property for development purposes. Attachment 1 to this report indicates the buildable area
once the existing setbacks(50 ft. from N. Atlantic and 10 ft. from the rear)are considered.Note
that the special circumstances related to this parcel are not the result of the owner.
Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance
is being considered. For a detailed analysis of the requested variance's compliance with the
criteria,please see the attached Staff Analysis and Worksheet(Attachment 3).
Subject Property Future Land Use/Zoning Designation: C-1
Surrounding zoning:
North—C-1
South—C-1
East—C-1
West—C-1
Surrounding uses:
North-Vacant
South—Multi-family residential
East—Vacant
West—Multi-family Residential
Attachments:
1 —Location Map/Setbacks
2—Application
3—Staff Analysis and Worksheet—Variance No. 2017-01
The CD Staff recommends that the Board of Adjustment take the following action(s):
Board of Adjustment Meeting Date: 3/2/2017
Variance No. 2017-01
Page 2 of 2
Approve the requested front 25 foot front yard setback and a 41.6 variance to the required 100
foot lot depth standard. If approved,the variances will result in a 25 foot front yard setback
and lot depth of 58.4 feet.
Approved by CD Director: David Dickey `� Date: 2 ' 7, ' 14
ATTACHMENT 2
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CITY OF CAPE CANAVERAL
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CAPE CANAVERAL
VARIANCE
APPLICATION PACKET
Instruction sheet 2
Submittal Checklist 2
Information Sheet 3 & 4
Application & Worksheet 5 & 6
Radius Package Instructions 7
Application Fee Sheet/Payment Receipt 8
Escrow Deposit/Payment Receipt 9
Variance Application-01/2015 Page 1
ATTACHMENT 1
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City of Cape Canaveral
VARIANCE
Instruction Sheet
A pre-application meeting with the Community Development Planner is required
prior to completion and submittal of a Variance application.
The Variance shall be prepared in compliance with the requirements of Chapter 110,
Sections 110-36 & 110-37 of the Code. To access the Code, visit
http://www.cityofcapecanaveral.orq, highlight City Departments, highlight City Clerk, click
on City Code of Ordinances; click on http://www.municode.com and then click on
Cape Canaveral Code of Ordinances.
This application packet must be completed, legible and submitted with all required
documents referred to herein, to the City of Cape Canaveral, Community Development
Department, 110 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or
your representative are required to attend the meetings in which your request will be
considered. You will be notified of the dates and times of meetings. Meetings are held
at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920,
unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal, the application will not be
accepted.
VARIANCE Submittal Checklist
1. x Completed application & worksheet.
2. x Power of Attorney, if applicant is not the owner.
3. x Payment of application fee and escrow deposit.
4._x Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
labels (instructions on page 6).
5. x Property survey showing legal description and subject property boundaries.
6. x Copy of recorded deed or Opinion Title for subject property.
Variance Application - 01/2015 Page 2
City of Cape Canaveral
VARIANCE
Information Sheet
Description of Request: (Insure that the specific Code sections of the zoning
ordinance that allow and support your request are noted). If necessary, attach separate
sheet.
Applicant requests that The Board of Adjustment for Cape Canaveral approve a Variance to front setback
and the lot configuration in regards to lot depth in order to put to use a vacant non-conforming lot of record as
supported by Code 110-37.
Address of request: Tax ID 2429664 Teutons Subd N 165 Ft Of Lot A Lying E Of Sr#401
Name of Project (if applicable): NIA
Legal description: Lot(s) A Block Subdivision Tutens
Section 24 Township 37 Range 14
FLU and Zoning designations: C-1 Commercial
Statement of Fact:
Debbie Lewis , being duly sworn, depose and say that:
I am the property owner.
x I am the owner(s) designated agent. (attach notarized letter of authorization).
Owner(s) Name: Robert Foster of R. Foster Enterprises, LLC
Mailing Address: 3094 Howard Av#307 Myrtle Beach. CS 29577
Phone number(s): 843-902-2211
Email(s): net23k@aol.com
Designated Agent Information (if applicable):
Name of Designated Agent: Debbie Lewis
Mailing Address: 1980 N Atlantic Av,#110-112
Phone number(s): 407619-1599
Variance Application- 01/2015 Page 3
Email(s): rd.royce@outlook.com
City of Cape Canaveral
VARIANCE
Information Sheet—Cont'd
I hereby attest that all information, etches and data contained and made part of this
request are honest and true to " . ,f my knowledge and belief.
Signature of Applicant:
State of Florida
County of tau
Sworn to and subscribed before me on this 1 day of WV?
20 (by Rokoe Fos4 ,,who is personally
known, or ❑ produced i.• —Type of i.d.
Signature of Notary: / &, o�,f�.i.,�►
/ Apr
Notary Seal: �� wpm
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S:,�m3,xIS1e
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Variance Application-01/2015 Page 4
City of Cape Canaveral
VARIANCE
Application & Worksheet
Variances are to be authorized where they are not contrary to the public interest and
where, due to special conditions, a literal enforcement of the terms of the Ordinance
would result in unnecessary hardship. The Ordinance sets forth specific conditions
which must all be demonstrated by the applicant before the Board empowered to grant
the Variance. If the applicant cannot satisfactorily address all of the following, this
should serve as a preliminary indication that the application may be rejected.
The conditions are as follows and items (A) through (F) must be answered in full. (City
Code Section 110-62).
A. That special conditions and circumstances exist, which are unique to the land,
structure or building involved and are not applicable to other lands, buildings or
structures in the same district.
See attached
B. That literal interpretation of the provisions of the Zoning Ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would put unnecessary and undue hardship on the applicant.
See attached
C. That the special conditions and circumstances referred to in item (A) above do
not result from the actions of the applicant.
See attached
so-
Variance Application - 01/2015 Page 5
City of Cape Canaveral
VARIANCE
Application & Worksheet— Cont'd
D. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the Ordinance to other lands, structures or building
in the same district.
See attached
E. That the reasons set forth in the application justify the granting of the Variance,
and that the Variance, if granted, is the minimum that would make possible use
of the land, building or structure.
See attached
F. That the granting of the Variance will be in harmony with the general intent and
purpose of the Zoning Code and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
See attached
While these conditions may seem unduly harsh and stringent to the individual applicant,
it must be remembered that the Zoning Ordinance was enacted for the benefit of the
community as a whole and requires an organized and controlled pattern of the
community's development.
It should be noted that the difficulties or hardships relied upon must be unique to that
particular property (e.g. peculiar lot shape) not general in character, since difficulties or
hardships shared with others in the area go to the reasonableness of the zoning
generally, and will not support a Variance. If the hardship is one that is common to that
area, the remedy is to seek a change of the zoning classification for the neighborhood.
Variance Application - 01/2015 Page 6
i
City of Cape Canaveral
VARIANCE
Radius Package Instructions
Order the "Radius Package" from the Brevard County Planning & Development
Department, Graphics Division, located at the Central Brevard County Property
Appraiser's Office, Brevard County Government Center, 2725 Judge Fran Jamieson
Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00
p.m., Monday through Friday, except on holidays.
Instructions:
To order a radius package contact: the Graphics Division at (321) 633-2060, or by
Email: joanne.adams@brevardcounty.us.
You will need the subject property(s) tax ID number, address or parcel ID.
The radius package will include two lists of properties located within the 500 ft.
boundaries of the subject property; and one (1) set of mailing labels.
You will be contacted when your radius package is ready for pick-up or mailed.
The cost is $40.00. Brevard County will accept payment in the form of cash or check
made payable to the Brevard County Board of County Commissioners, and credit or
debit cards (except VISA).
Submit the complete radius package to Dave Dickey, Community Development Director
for further processing of your request.
Variance Application- 01/2015 Page 7
APPLICATION & WORKSHEET -VARIANCE FOR: TAX ID #2429664
Note: Post Office has not provided an address for this Lot
Responses to questions:
A. That special conditions and circumstances exist, which are unique to the land, structure or building involved
or not applicable to other lands, buildings or structures in the same district.
The applicant's land has a preexisting condition, and has been in this configuration for more than 40 years.
The odd dimensions of this non-conforming lot ultimately do not conform to the requirements of the current Code;
Section 110.336. The applicant's property is unique in that the non conformity of the lot dimension is not something
that can be changed, and it is a condition that predates the current Code. The preexisting condition is a hardship
on the applicant and the applicant is not responsible for the non conforming lot dimensions.
B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district and would put unnecessary and undue
hardship on the applicant.
The Zoning Code currently requires that the lot size be a minimum of 5000 square feet with dimensions of
50' wide by 100'deep. The applicant's lot is more than double the required size with approx 11,000 sq ft and has
the opposite configuration with more than 100' in width and more than 50' in depth. The applicant's lot is 165.59'
wide on the east side, 76.52'deep on the south side, 165'wide on the west lot line, and 58.40' on the north lot line.
The preexisting condition is a hardship on the applicant and the applicant is not responsible for the non conforming
lot dimensions.
C. That the special conditions and circumstances referred to in item (A)above do not result from the actions of
the applicant.
The odd non conforming lot dimensions are peculiar to the land and does not result from any action of the
applicant. This vacant lot has never been built on. Applicant's new construction plans are minimal. Applicant's
plan is for a small footprint of just 25' x 60' for a total of 1500 sq ft to construct a new professional office which
will improve the appearance and community of Cape Canaveral.
D. That granting the variance requested will not confer on the applicant any special privileges that are denied
by the ordinance to other lands, structures or building in the same district.
Granting the Variance to the applicant will offer no special benefit. It will grant him only those rights that
other property owners within the same zoning area already enjoy.
E. That the reasons set forth in the application justify the granting of the variance and that the variance, if granted,
is the minimum that would make possible use of the land, building or structure.
The variances that the applicant seeks are minimal in all significant respects and will not be noticeable.
Without the variance, the applicant will not be able to properly utilize his property in a manner benefiting of market
requirements. And, as the property is currently non conforming in both lot dimensions and building set back,the
variances will make possible the lawful use of the land.
F. That the granting of the Variance will be in harmony with the general intent and purpose of the zoning code
and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
The granting of the variances will be in harmony with the Zoning Code as the applicant seeks only to improve
a currently permitted use of the property. More so than that, granting the variances will enhance and continue the
promotion for the revitalization and redevelopment of the area in keeping with the goals of the City of Cape
Canaveral's Comprehensive Plan and Community Redevelopment Plan.
Variance Application - 01/2015 Page 10
D,s4-
�13�$ sw 449+t- Sit-8
161/4-4.44.-;r 6..3 3iS'S"
Prepared by and return to:
Robert M.Chisholm,P.A.
4921 SW 74th Court
Miami,FL 33155
305-667-4261
File Number: 15-22800
Will Call No.:
[Space Above This Line For Recording Data(
Special Warranty Deed
This Special Warranty Deed made this 23rd day of September,2015 between FCB REO Assets,LLC,a Delaware
limited liability company whose post office address is 2500 Weston Road,Suite 300,Weston,FL 33331,grantor,and R.
Foster Enterprises, LLC, a South Carolina limited liability company and Royce Innovations, Inc., a Florida
corporation whose post office address is 3094 Howard Avenue,#307,Myrtle Beach,SC 29577, grantee:
(Whenever used herein the teras grantor and grantee include all the panics to this instrument and the heirs,legal representatives,and assigns of individuals,and
the successors and assigns of corporations,trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted, bargained,and sold to the said grantee,and grantee's heirs and assigns forever, the following described land,
situate,lying and being in Brevard County,Florida,to-wit:
Parcel 1:
Lots 1, 2 and 3, SEA SHELL CAY NORTH, according to the map or plat thereof as recorded in
Plat Book 58,Page 22,of the Public Records of Brevard County,Florida.
Parcel 2:
The North 165 feet of Lot A, lying East of State Road 401,a/k/a North Atlantic Avenue, PLAT OF
TUTEN'S SUBDIVISION,according to the map or plat thereof as recorded in Plat Book 1,Page 22,
of the Public Records of Brevard County,Florida.
Parcel Identification Number:
Subject to taxes for 2015 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record,if any.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to
said land and will defend the same against the lawful claims of all persons claiming by,through or under grantors.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
oara.Ttms.
Signed,sealed and delivered in our presence:
FCB REO • s,LLC a Delaware limited liability
co .••
Witness Name: Rrg ` • • Benton, Mager
Witness Name: I' ,kjj
(Corporate Seal)
State of Florida
County of Broward
The foregoing instrument was acknowledged before me this 23rd day of September, 2015 by Larry Benton of FCB REO
Assets, LLC,a Delaware limited liability company,on behalf of the corporation. He/she U is personally known to me or
[X]has produced a driver's license as identification.
[Notary Seal] Public
�ft H TUCKER akt.
_ hi NOTARY PUBLIC Printed Name:
STATE OF FLORIDA 001 UP
Comms EE187982 My Commission Expires: J L
Expires 5/13/2016
Special Warren y Deed-Page 2 DoubteTimea
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• BOUNDARY OF THE PROPERTY.
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•.`` 0 0 O ORARA!®EIl068®SEAL AND SgtNTUE. SERVING FLORIDA
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Kennet ITT 6150 N.WUTARY TRAIL.SUITE 107
WEST PAa1 BEACH.FL 33407
Osbo =moue PHONE(561)610-4800
(moi 1427:15-0S 00 STATEWIDE PHONE(800)226.4807
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Attachment 3
City of Cape Canaveral
Variance Worksheet
Variance#2017-01
Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary
to the public interest and when, conditions are peculiar to the property and not the result of the
actions of the applicant, and a literal enforcement of the code would result in unnecessary and
undue hardship.
All variance recommendations and final decisions shall be based on an affirmative finding as to
each of the following criteria:
1. That special conditions and circumstances exist which are unique to the land,
structure or building involved and are not applicable to other lands, buildings or
structures in the same district.
The subject parcel is configured is such a manner that the application of minimum setback
standards required in the C-1 district (for properties adjacent to N. Atlantic Avenue)
severely restrict the useable area of the parcel. The majority of parcels in the district are
not subject to these conditions and can meet required setbacks.
2. That literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would cause unnecessary and undue hardship on the applicant.
Due to the circumstances described in the paragraph above, should required setbacks be
applied to the subject property, the remaining buildable area would render the parcel
unusable. Measuring from the midpoint of the lot along N. Atlantic Avenue, if the 50 foot
setback from the N. Atlantic right-of-way were to be applied along with the 10 foot rear
setback,there would remain a 5 foot deep buildable area. Other similarly zoned properties
in the district do not face this circumstance.
3. That the special conditions and circumstances referred to in item (1) above do not
result from the actions of the applicant.
The applicant is in no way responsible for the current configuration of the subject parcel.
City of Cape Canaveral
Variance Worksheet—Cont'd
Variance No. 2017-01
4. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the ordinance to other lands, structures or building in
the same district.
Approval of the requested variances would not confer any special privileges on the
applicant that are not enjoyed by other properties or structures in the surrounding
neighborhood. As indicated above, the applicant proposes to construct a commercial
structure on the subject parcel which is typical along N. Atlantic Avenue.
5. That the reasons set forth in the application justify the granting of the Variance, and
that the Variance, if granted, is the minimum that would make possible use of the
land, building or structure.
The applicant has provided relevant information that does speak to the requisite criteria.
The requested variance is the minimum that would accommodate the proposed building
and related improvements.
6. That the granting of the Variance will be in harmony with the general intent and
purpose of the zoning code will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
This area of the City represents a secondary commercial corridor that includes a variety of
retail and office structures. The proposed real estate office does represent a continuation of
the development pattern along N.Atlantic Avenue.The property is zoned C-1 which allows
office uses by right. As a result, construction of the structure, in conformity with the City
Code(buffers,etc.), would not be injurious to the neighborhood.