HomeMy WebLinkAboutVariance Application 2017-01 Moi- Ad lel- 01
CITY OF CAPE CANAVERAL
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CITY OF
CAPE CANAVERAL
VARIANCE
APPLICATION PACKET
Instruction sheet 2
Submittal Checklist 2
Information Sheet 3 & 4
Application & Worksheet 5 & 6
Radius Package Instructions 7
0 Application Fee Sheet/Payment Receipt 8
0
Escrow Deposit/Payment Receipt 9
Variance Application- 01/2015 Page 1
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
N/A
Name of Project (if applicable):
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): 407-619-1599
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, sketches and data contained and made part of this
request are honest and true to •' of my knowledge and belief.
Signature of Applicant: •
State of Florida,
County of 42-1/4.1a.va
Sworn to and subscribed before me on this l day of MP\
20 I L.,by Rode 'oS-1-ev ,,who is personally
known, or LI produced I.. —Type of i.d.
Signature Notary/of Notary: ��!%,1.1-11
Notary Seal:
1:T°e. BRENDA J.DUNCAN
* , * MY COMMISSION 1 EE 177710
74 EXPIRES:June 29,2018
sf4DeQFop. Bonded DIN Leif Ndrry Seri
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
I
C. That the special conditions and circumstances referred to in item (A) above do
not result from the actions of the applicant.
See attached
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
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
4 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
� r Ct $61M
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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 terms grantor and grantee include all the parties 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 fcc 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.
DoubleTi me.
Signed,sealed and delivered in our presence:
FCB REO •ssets,LLC a Delaware limited liability
I co 4fili
Witness Name: Benton, 7 ager
11S••
�&. ._
'
Witness Name: 'WilktA�MATIt 114.)
(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 L]is personally known to me or
[X]has produced a driver's license as identification.
[Notary Seal] try Public
-•
MAHRIAH TUCKER (Pak
l'ah---lioterkC
* NOTARY PUBLIC Printed Name:
•-:tiro
,•STATE OF FLORIDA �� `/
Comm EE197992 My Commission Expires: tY
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Expires 5/13/2016
Special Warranty Deed-Page 2 DoubleTime®
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Kenneth by Kenneth 6250 N.MILITARY TRAIL,SUITE 102
Osborne WEST PALM BEACH,FL 33407
Osborne Date:2017.01.18 PHONE (561)640-4800
(SIGNED) 14:27:15-05'00' STATEWIDE PHONE (800)226-4807
KENNETH J OSBORNE gh, 2OF 21PPAGES STATEWIDE FACSIMILE (800)741-0576
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