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HomeMy WebLinkAbout11-14-2005 Agenda Packet evNCE 4J% • „ ' � City of Cape Canaveral � .....!....- . - 1 : � ay F- BOARD OF ADJUSTMENT MEETING t - • ' AGENDA A% i 111 POLK AVENUE ,nv! NOVEMBER 14, 2005 P \Y •ii\ 7:30 P.M. Call to Order ` REVISED k,„/` Roll Call ) �� \, .kt°\NEW BUSINESS: a�� GJ�' � �` ` 1. Motion 4� (9)° 1 o to Approve the Meeting Minutes of October 27, 2005. V+ 24 Special Exception Request No. 05-07 to Allow Outside Storage of Automotive U \ 1,e7 Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and `a� 4b� p„ ,, 24 Hour On-Site Security at (8708 Commerce Street), Section 15, Township 24 , 1, ,t outh, Range 37 East, Parcel 764.0 - KurtlIRonstr`om Petitioner. 'C��1`^ ALoN'". JLI,I_r_` (,'(`(� l!"rrJLY�.UGii, L1i Cfl ' Oi ) l' tY , 3. 5� ectal Exception Request No. 05-12 to Allow a Conveyor System Over the 25 t o(} 4� Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 k,9' , Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels g,,,,,, 3, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. 4/ 4. \:-,p, Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot nn ,\ (I q,,� t8etback Between Cape Canaveral and Port Canaveral Boundaries at (245 v\ hallenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels \))J (� 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. 5. Special Exception Request No. 05-13 to Allow Residential Use in the )Is-- ! Vo Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township N 9' 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision 5, - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard ‘1191k d and Betty Gould, Petitioners. 11 \I'9' .6),67i° bt.' 6. Discussion & Motion Re: Establishing New Meeting Time. 4 i I'X .6 _____ _ f Interview and Recommendation to City Council Re: Prospective Board Member- Cp� Catherine Barnes ‘.1‘ CL, ' 1 ti o DISC 101: Q,\,, c,�,�� a Pursuant to Section 286.1015, � 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 \c mC purpose that person may need to ensure that a verbatim record of the proceedings is made, ��✓J 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 allowed by law. Persons with disabilities needing assistance to participate in any o these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of th- C meeting. This meeting may include the attendance of one or more members of the Ca.- ff �.� Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate i 'U. Board discussions held at this public meeting. ' 6t 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 0'` Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com {54pCE AN.6 AA 1 r al\ik City of Cape Canaveral FILE Date: November 21, 2005 Copy To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Constance B. McKone, Chairperson, Board of Adjustment Re: Recommendation to City Council Regarding Appointment of a Regular Member - Catherine Barnes The Board of Adjustment interviewed applicant Catherine Barnes to fill one the regular member board vacancies at the meeting held on November 14, 2005. The Board unanimously recommended that City Council appoint Catherine Barnes as a regular member. Please schedule this member appointment on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SLTNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com 3:CEDVE _ 8 Nov 2005 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOP r'nuMrr1- Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 6-4 /), 4. Aryl / /� 4--n/2 2. Home Address: ,f/6 Li�.66-e7 a / , ,C 3. Home Telephone: (f)/ 79z- 4. L4. Occupation: �t/f- eA�/ 4 5. Business Telephone: („LV) 7 99- 6. Business Address: ,JS U�1 M J<< zj�t 6;4 WC d.%(7 B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) -/ (N) 2. Have you been a resident of the City of Cape / Canaveral for 12 months or longer? (Y) ✓ (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 3b. If yes to 3a, have your civil rights been restored? (`n (N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 4b. If yes to 4a, please list each: 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check / performed on you by the City of Cape Canaveral? (Y) " (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. Briefly state any pn r e erre{ces in serving on a7 gove mental board or committee: X2.nc4 sL. ? Jl� ,1/C -•• Jt - 3. Please list any specialized skills and training (e.g., architect engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: / ,[ &i )ei� /207e, t �r A 6;112/ / A'.41.1,-;741=i1Z _&/'`t 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. / Board of Adjustment* c. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* Recreation Board j. Other. *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian-American � Female Hispanic-American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. -- Signature: ��ez.-c �! — Date: 4/74 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 s{s . oar re r • V ; Cityof Cape Canaveral BOARD OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE NOVEMBER 14, 2005 4• 7:30 P.M. fi Call to Order Roll Call NEW BUSINESS: 1. Motion to Approve the Meeting Minutes of October 27, 2005. 2. Special Exception Request No. 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On-Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. 3. Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. 4. Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. 5. Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. 6. Discussion & Motion Re: Establishing New Meeting Time OPEN DISCUSSION: Pursuant to Section 286.1015, 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 allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate in Board discussions held at this public meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Board of Adjustment Meeting Minutes October 27, 2005 A Meeting of the City of Cape Canaveral Board of Adjustment was held on October 27, 2005 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Robert Laws, Acting Chairperson, called the meeting to order at 6:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Robert Laws Connie McKone Paula Collins OTHERS PRESENT: Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tern Bea McNeely Ex-Officio Member All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of August 29, 2005. Motion by Connie McKone, seconded by Paula Collins, to approve the meeting minutes of August 29, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No. 05-08 to Allow a Veterinary Clinic in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & 10, Block 36, Avon by the Sea Subdivision - Christine Storts, Petitioner. Dr. Christine Starts, Petitioner, testified that she has an existing veterinary clinic; the City has grown; her business has expanded; she needs more room; her lease expires next year at the current location; the property next door is perfect for her business expansion; the lot is heavily wooded, and she will maintain as many trees as possible; no floor plan has been created at this point; she plans to have a sanctuary, and dog walk area; there will be no boarding; she is waiting for approval of her request for a special exception before hiring an architect to design the building. She advised that there is only one Oak tree that will have to be mitigated. Todd Peetz, City Planner, verified that this request met the minimum parking requirements, as per the submitted conceptual plan. He advised that the buffering requirements will be addressed during the site plan review process. He noted that he reviewed the special exception criteria worksheet and verified that the request meets all requirements of the City code for the use with a granted special exception. Motion by Connie McKone, seconded by Paula Collins to grant Special Exception Request No. 05-08 with the condition that there is proper buffering between the facility and adjacent residential area. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes October 27, 2005 Page 2 3. Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - LaFiesta Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Alice Fusillo, Petitioner, testified that the restaurant opened on September 1, 2005; this was a family restaurant; and she was requesting a special exception to serve beer and wine to her patrons to enhance her business. Paula Collins, stated that the previous restaurant had a beer and wine license, which set precedent for the location. Todd Peetz, City Planner, advised that the previous special exception had expired. He verified that the request meets all applicable City requirements. Motion by Paula Collins, seconded by Connie McKone, to grant Special Exception Request No. 05-09. Vote on the motion carried unanimously. 4. Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 -William Stephenson, Petitioner. William Stephenson, Petitioner, testified that this request was for a vehicle rental facility; the property would share access with the Residence Inn and the parcel immediately to the South; the property was slightly over one acre; and the use would be an asset to the community. Todd Peetz, City Planner, verified that all applicable City codes have been met with this request. Motion by Connie McKone, seconded by Paula Collins to grant Special Exception Request No. 05-10. Vote on the motion carried unanimously. 5. Election of Chairperson and Vice Chairperson. Robert Laws announced that he would not accept any nomination for Chairperson. Paula Collins nominated Connie McKone for Chairperson. Connie McKone accepted the nomination. Vote on the nomination carried unanimously. Robert Laws nominated Paula Collins for Vice Chairperson. Paula Collins accepted the nomination. Vote on the nomination carried unanimously. There being no further business the meeting was adjourned at 6:57 p.m. Approved this day of , 2005. Connie McKone, Chairperson Susan Chapman, Board Secretary Meeting Type: board of Adjustment Meeting Date: 11/14/05 AGENDA Heading Special Exception 05-07 Item #2 • No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception Request 05-07 to allow outside storage of vehicles, boats, trailers, camping and recreation equipment and 24-hour on-site security. DEPT./DIVISION: Building Department Requested Action: Consider recommendations for denial of Special Exception 05-QZby_the Plaluung andZoningBoard_for.a_speoiaLexceptionfoLoutside_. storage of vehicles,boats,trailers,camping and recreation equipment and 24-hour on-site security. Sununary Explanation&Background: The applicant is K.M.D. Ship Repair;they have requested a special exception for outside storage and 24-hour security as a result of a code enforcement violation. The property is storing numerous vehicles and equipment and had a 24-hour security trailer, without a special exception. The corrective action requires a special exception. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to Surrounding Property Owners,#5 Code Enforcement Information, #6 Staff Report on the Special Exception. City Planner's Office Department: Building Department ' r •� r / ' City of Cape Canaveral r 5reCi al 141,•t) ti• 1 §05-� Building TlaparFinant (Please Print Legibly or Type) I. DATE FILED —• ..- rrr �z' • DATE FL EL ` FE Pnit� C3 �DEPOS1"i x.1{3 10 p'e.t' i 12C� X S - PCS.. ($250.00 Filing Fee is non-refundable) - ---- -- ------- -.--.-.-- NATURE OF REQUEST EQUerm 6d` 64511- --6'rc Special Exception is for what purpose (Brief Dscrininn} R u Mph.`� l ���� r. 1�ar Du side -1-ot •e ye i C Air Address of request(if applicable) 8-4---O C c, S'- E-i- s' T eg a.T Das^Sptior:: T 3t- Block n++4ol 769.pC„+vl„ua v av Section 15 Township 293 Range,32 E- _ S 1 AMEN 1 YOF FACT: State of Florida, County c - --re -------______ - •Ki 11, ' o)Sr of Brevard; T elbeing duly sworn,depose and say that: . _........ - a.m me -- prope - rty owner.___-__ 3Y_ the owner(s)de-sic-rioted ted'I"bY�ELL *34 �� - b ( Iarszed authorization req ed) Owner(s) Name(s): gLY --k- e. ''?-c2A--)srtt NA 'Address: 33q 670-ire ,CC C-o a-- Ft 3 -2-72-C .._ Home►H IT e C 3 i 14-4.1-W,--•_k pho` 2-S3.'3' i L'68 R-Mail I<ti .i f \d--1) -1-11\►i`. tsi- Applicants) Names(s): <U.(f' E Fa 0i-re?rh , Address: SC- a,k31/C, Vk. - Home Ph-me "Ti1g'^r4.F' o ,`n All information, sketches and data contained and made part of this request. are honest kand e -. r -c, , , o fit-dg and belief. t,)� f Signa tae of Applicant ,:• 4e Sworn t .n .subs . before me on this ((„'N_,day of .4 c,� OTARY PLBLIC•SZaTE OF FLORIDA � aoos ) t Susan L. Chapman P .Notary Public,r• c�_,_ _c Floridaommission#DD384306 .Not _ Public, Mace o Flll ,,,,, Expires: MAR, 23, 2009 Bonded Thru Atlantic Bon The completed request form and the $250 filing fee must be filed as follows: Requests fnrding co,,Inc, Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning &Znning Bnard Meeting Request for Telecommunications Towers;require a minimum of sixty(60) days prior to the Planning &Zoning Board meeting_ The Board of Adjustment meeting will by set after the request is heard by the Planning&Zoning Board_ (A deposit may be required par Section 1'i 0-92) L Z i 9. City of Cape Canaveral APPL1C A .IO FOR S1 GC IAL.EXCEPTION This application must be legibly completed7'� and returned; with all enclosures referred to therein, to the BuildingDepartment, a rn ni t T- ty (ao) .._.. ...._.___r^_ _�,..._! _ ���.1�,-ttl�..._1 i111_L� (30)_days �._,._,.._.�....,,_......,._ (sixty (60) days torlelecommurucations Towers) prior to the next regularly_ -- . -.-scheduled meeting in order to be processed for consideration by the Planning & Zoning Load for stud L LlLd ret V1.1.-LL ei1.,t 411Lf.Lon +y „LLe Board of AdjT� stment. `ie owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds reSg- layr meef ngs on they2`nd end 4h WeM, TS�e4eyC of every month at 7:30 p_inthe City Hall Ar inex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SI PPH a PRIOR TO PROCFS.SJNG THE iv APPLICA IC _ . T , If have any , contact the Building Department at 864 127? questions,please u�c (321) uvutsar. �. - _. _- 1 NA]'!'T ' OF APPT.TCA 1 T(S1 KL [gypti i p_i7 AD DRF (it assigned) l--tt-ts—ze„3-2 � - P HON -'� S • - - —t,nos- FAX 7 �� � ��E-MAl'Z go?T=`i=€'S Youz m.T2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: ©F GOVT LOT: 3 BLOCK: SUBDIVISION: PARCEL: /I SIr r OF SUBJECT PROPERTY IN ACRES: irce 1 7 G i SErTION: 13 TOWNSHIT3,)16 1 .?A / J 3(.7 E LJL:t..a1VaV. LVTTL♦L.lL Lu �' `�, �TI �F DESCrITPTION: 3. ORDINANCES SECr1ON UNDER WHICH SPECIAL EXCEPTION IS — SO Tr_HT V`Iv4is (EXAMPLE, ARTICLE X,SECTION 2) ) 4. COM LI i L: 'L.iE A 7T A rl-TED WOR SHEET TN purr.. (LNCOMPT_FTE MAY L�� NDENIAL r1t' REQUEST) l" APPLICATIONS MAS RESULT OF a 5. PRF;SRNT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRIEEN EEN (13)/COPIES OF SITE PLAN OR APPROPRIATE DRWIr.Jr G(S) FOL LOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and \.viLvei ui.L L nctraffic flaril trol, and emergency access in caseof fire i..ef ow con or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise; glare, odor or detrimental effects upon adjoining properties. (#Adeclua#e-and-praperl -located-utilities-are'ava ble p r r mai b :§v~^.ably nrnv,rTPri tri serve the. proposed development. (d) Adequate screening and/or buffering will be provided to protect end provide romp atibility with adjoining properties. i (e) Signs and exterior lighting,if any, will be so designed and arranged so as to promote traffic safety and to eliminate or mini uize any undue glq rCincompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. — Refuse s and=, . .. .�.��, : taesa'tic--ul r- - -_ reference tom, the issues relating to (a) and (b) above. (g) Required setbacks and other open space (h)Height. (i) T.andscaninv (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding compatible uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other far that may beused "- h-t to measure or determine compatibility. �vlilrauvuity. PLEASE NOTE: in granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformµ'' [ATith the foregoing. b" g. ' STATE REASON FOR REQUEST(attach additional sheet if necessary): O F1 a,�rSpE s i AGLAOvITAL Ctutorc&tve velzCeles, Ca..mpine( ,e15P+„1,20{, loafs, -lfc ens, cert,ealto`�at.utmeaf .and ZGI hou(on-si- e tr;l-y • 5 THE FOT.LOWr_1 C ENC'T OSr rpF'g ARF NEEDED Tn CQMpr PTP THIS APPLICATION: • *P1.1‘4 receipt from Fin, nce Departrr,ent for$25n 00 Application ......... ... ...... .....�........, w.-......L,., Application.�� Fee. *Paid receipt from Finance Department for Deposit; if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property, contained in the request; together with the iLaries arid l to m-tg addl' ) C `hili! diikg Zip ..odes) of 'ui respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. rarlius. r{'7 ils car, be. obtained rnm tl,o `�'av L•C easor's t01K'�ice 1 T1. "-t 11.44..2 \Llai tt41L 4 YLL A.L ll..%.l it Vtil 4.4 L W1 i LJVL..Ja7V1 J 111\..1.. .14LC u t shall be legible and the source of the information submitted stated here: This information wag obtained from: A property map showing properties within the 500 ft. radius, clearly outlining the subject property The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is riot owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the.Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet 10. If applicable, elevation drawing(s) or photographs) of proposed structure(s) are encouraged. e NnTF: Application fee of$250,00 is non-refundable upon payment to the f"1• ti 1Ly. ▪ NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. .w�s�wt • CITY vrtarti tAsDi ac.A�AvE7. AL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of A d:.. ert the evale ai-ion of all .•, ter4.,a relevant t^. t}te a �� V .C-l�.t�LiJ NlLcta�in�iL crcuuaw v t7rl.;`.a.li.,y.. 817fl L) t0 efltlCate the appuCartt iS IC) the t7lteiid which must be addreigeu and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application tnmy not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light; vibration, traffic, utility requirements, or stormwater rtloff would not hay- been the propertybeen d• tris developed as a principle use in the applicable zoning u.isutt-.c. 2) Will the Special Exception create any unusual police, fire or emergency services? 3) Will the Special 'Exception meet all the requirements of the zoning district in -lith the e`a est is to be located, such as: lot req firements, building setbacks YYa La 4L1. request - 1 requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping,etc.? 4) s there mess and egress, with particular reference toautoandIsadequate pedestrian safety and convenience,-`toff c flow and control, and emergency access in case of fire or medical emergency? yES 5) ,s there adeq ate rsffstreet-parking-and-loading areas available-without-creatin undue noise, glare, odor or other detrimental affectsupon adjoining property Tty owners? Yes 6) is tyhere act nil to and properly located utilities available or may be reaSUrdLty provided to serve the proposed deve•oprne t (ifapplicable)? YG- T Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? YE-c o) rA r signs and exterior ligh Ong, if any; designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? • YES i 9) Is there adequate refuse and service areas? YEs 10)_ Do-* .setbacks,landsea in anda p� � peri-space=-met--#he7r � emen - _ equrr �-of-the zoning district? YES 11) *Is the proposed use compatible with surrounding uses in its function; its Mill,. of operation, the type brr{,-, $ traffic n.3r�. rat A _... c+!-..... aav a,u.�3 v1 ut./a.luuviay uLL. type =punt vL uKLJL%. �L1LGL U.e U, .)L.L UC.LU.LC GILT and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? 12) Is the Special Exception consistent with the goals, objectives and policies ofthe-Colt i=rehensive-Ptarr? — 13) Is the Special Exception+ consistent with the intent of the zoning district whthe.ich LSpada Hxcepfio is sought? yEs 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated Gititlement to the Special Exception 1V1 which will not adversely affect the public interest? /ES 15) Should the Special Exception be granted with any noted li nitatious, restrictions and/or conditions? t . 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? S (60-7-0) { AFFIDAVIT ---BE-IT ACKNOWLEDGED;Iliat KintE.-Ronstroin`of-Cape Canaveral, Florida, --- the undersigned deponent, being of legal age, does hereby depose and say under oath as follows: I, Kurt E. Ronstrom, hereby appoint Lars Holvfe of Cape Canaveral, Florida to be my representative at the next regularly scheduled Planning&Zoning Board Meeting September 2005. And- firm-th-atthe-fere-goingis-true-exceptas to statements-made-upon=-__ information and belief, and as to those I believe them to be true. Witness my hand under the penalties of perjury this 23rd day of Septemb-r 2005. Kurt E. Ronstrom 8708 Commerce Street Cape Canaveral, Florida .. ............................ . STATE OF FLORIDA COUNTY OF BREVARD On September 23t before me, Kurt E. Ronstrom,personally appeared. Kurt-E. Ronstrom,personally known to me(or subscribed-to-the within instrument and------ --------- acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sworn to and subscribed to me on this 23n day of September,2005 No Public,State of Florid. Affiant Known Unknown ,z4t'Ypo_ JOY DAINE s*. - MY COMMISSION#DD 237771 ID Produced 01—,4- e5_23-5-0 -lc=-0Y5 O -'-P EXPIRES:August 3 2007 (Seal) P' P Banded fire Notary Public Underwriters ,1,t..rN� Illy' L, P. �a 54 .ACE hd f 7z, ��/ 1f �tv 1`�.F % K� , �. , City =='' i� ,.om - of Cape Canaveral Tin August 19, 2005 CITY OF `` CAEC � NOTICE OF PUBLIC HEARING . r K•.. Cr"{4 a y '` a P`s THE ADJACENT PROPERTY OWNER(S): '' ;4 i. s 1 ##;,0 t" Special Exception Request #05-07 e Vit'`' ` Notice is hereby given by the City of Cape Canaveral, that Kurt E. Ronstrom of 8708 Commerce Street, Cape Canaveral, FL 32920 has requested a Special Exception for Outside Storage of Automotive Vehicles, Camping Equipments Boats, Trailers and Recreational Equipment; and 24-Hour On-Site Security, pursuartLto the Cape__Canaveral CodeofOrdinances,- Zoning=Regulations, Section= 1-0< --- 354(C)(1) and 110-354(C)(12) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, Parcel 764.0 (8708 Commerce Street, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, September 28, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board 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 recordincludesthe testimony and evidence upon which_tbe_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.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221),48 hours in advance of the meeting. Susan Stills, CMC City Clerk ,....,-,,,f - .,-1 A Ig i � , / . r ,_ \n <- / izaaz,54..eAsa 're0o n /j- --•- ,1 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com J. '}7":L°. ,,4x1-7. City of CapeCanaveral zt i 4jf�', \_ .` 41---p. 121.,;,,,,,,,,,,y CITY OF ,�1 CAPE CANAVERAL 1- 4�r1516 T 40140 T,,,1° ,` CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA ' NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Case No: 2005-00019 Complainant, v. Owner of the property Kurt E. Ronstrom Respondent(s): Kurt . & Norma L Ronstrom; Trustees PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the Ci Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereb ty of Ca onotice f violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described belowf Respondent(s) is/are hereby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s)is/are corrected at the time of hearing Respondent(s) maybe required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, ana penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s)to correct the violationfs) and penalties may_be_assessed up to$250 per day for each first violation or up to$500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENTS MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN ( ) INSPECTION. 1. Property where violation(s) exist(s): 8708 Commerce Street, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Kurt E. & Norma L. Ronstrom, Trustees 3395 Grape Street Cocoa, Fl 32926 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 2 •-12? 982 _ wwwmyflorida.com/cape � FAX: (321) 868-1247 0email: ccapecanaveral@carr.com '' .ria: 3. Description of Violation(s) at Property: Sec. 110-354. "Special exceptions permissible by board of adjustment". Ca_)-ln.-he-M-a-G9tiindustriat-and research-and=development- is nct;after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning distract. (c) Special exceptions may be granted for the following: (1) Outside storage, as provided in section 110-566. --- Chapter 34, Section 181; "Storing, Parking or Leaving on Private Property" No person shall park, store, leave or permit the storing or leaving of any abandonedro e motor vehicle of any kind, whether attended or not, upon any private roe p c rtY or inoperable pwith respect to an inoperable motor vehicle, such vehicle may be parked, storedtor left on the prothe city; excepe ty for a period of time not to exceed 72 hours. The presence of such abandoned property, p vehicles, or parts thereof, on private property is hereby declared a public nuisance, h chfmayerable be abated in accordance with the provisions of this article. Chapter-1 pr ection-65—I"Location of Recreational Vehicle, Camping Equipment, Boats and Boat Trailers" No person shall occupy or reside in any travel trailer, camper trailer, camper(truck mounted), motor travel home or tent in any location within the City limits other than a duly licensed and approved trailer park. 4. Recommendation to Correct Violation(s) described above: A site visit revealed several recreational vehicles (RV's) and boats (some without current tags) being stored on your property. There is electric and water hooked up to one of the recreational vehicles, which indicates that someone is residing in the RV. Research of the City records revealed there is no Special Exception for outside storage of recreational vehicles or boats for your property, therefore you must apply for a special exception or remove the vehicles. Please be aware that your property is not a licensed or approved trailer park, therefore in the RV's on your property is strictly prohibited and must cease immediately. residing Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violationor the _ recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. '- 1:-7/e-ti:,-AZ-d,_--- Alexa er (--) Code Enforcement Officer Date: 3/09/2005 ,. ... in........._A _ to;.,.„,„,..........„4„.......„......... ,., ..... - „,,,,,,,,,..1,44, -....;-t-i--,-,,,y.,-,_rr,v:1 ' A,k. ..„.... 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J iA.V.4,- Y :JRA r+1.4F..!t M-�'1 `z w •s�' � „« t s tad :rs�t�,;;�1�1 �t� �� � #�r�, �s��{':L�'e`,��i I �� I e�s _.,._ :s o•f 4 # � i. i 1a � bt"t om -� 3..�'aN• -.` { Y'a`in�w u . est F,u c �[ a P �� t 5533 ,, le,,,... 3 tl --• PJ, as ryt "'d[ 93` "74 . f. id. -' 1 y =`Q7 -t'.,,),,,,, •s' ` ` Al.-'i .f�+a,k`�'r' i f: I'}„`` Y 1 •t8w!`�. N 4.1 bi« u::xs; t R CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater —_-----runoff-what-would-nothave-wee,.n-Lrealed ha&the-property-been-developer as--a—-_ principle use in the applicable zoning district. This review by staff pertains to the K.M.D. Ship Repair property owners and their wish to obtain a `Special Exception'for the outside storage of vehicles, boats, trailers and trailerable items with 24-hour security. This request is the result of a code enforcement action and the activity has already been occurring. Based upon the concept plan provided it would appear that there would not be adverse impacts created from noise, light, stormwater, vibration or traffic. Utilities should be able to connect to a security trailer. 2) Will the Special Exception create any unusual police, fire or emergency services? The uses are occurring and the request includes a 24-hour security trailer. The use should not create unusual requirements for emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? It would appear the concept plan does not include buffering; however, the location of the proposed storage is behind the principle building and not easily seen from the road. Additional landscaping should be encouraged. The code requires that with outside storage of vehicles, boats and trailerable items that they remain are operable and tagged appropriately. If vehicles are not in a maintained condition or properly tagged then those vehicles should be removed from the property. Also if the vehicles are not stored on a paved surface, the storage facility surface be maintained. 4) Is there adequate ingress and egress,with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? As an existing site it would appear that there is adequate ingress and egress. 5) Is there adeequate off-street parking_and loading areas available._mithout creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? It would appear that there is adequate off-street parking and should not create undue noise lore-er odor 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There is a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The property fronts on Brown Circle in the industrial M-1. The storage area is not clearly risible fromthe road-= Vlore landscaping=Tzrou the perimeter may-be-- desirable, but not required. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? This is a pre-existing use in an industrial district with the exception of possibly landscaping it would appear this use is consistent with the district. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? It is unknown at this time whether the site meets all land development requirements. 11)Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? • The site is a pre-existing use, there should not be additional impacts with traffic. 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This `Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 2 �� 13)Ts the Special Exception ronsistent_with_the_irttent_of_the-wrung distr-ic#-with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception, which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? — 'o=be=recigm n d=b the—Planning and-Zoning Boardand-determined-by-theBoard- ___— ----- of Adjustment. • 3 CO BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 3. X Special Exception North South East West 4. Administrative Appeal• M1 M1 M1 M1 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Y-es MEETS CODE = = C DE=VIOLATI 3N=-(Describe - HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES ;u:t+�'�,.a,,,eLyn#. �...?;s,:�i.:9'.,�a �uWA -0. ...:. ' 5 ,.,.. .,,.,46 ..»s., ..:.x Kv ;i.. .. .>. � A. Code Sect. Applicability Yes No PARKING 110-491 LOADING ZONE NA SETBACKS (A1A Ridgewood/Astronaut) NA LANDSCAPING 110-566-567 NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning &Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or D-.ignee: ( fig 1 Signature: 4 �� • —7. •I• itoro' 1111111111111111 - - 11- , •al z; I •0 o \ . I .. • t 4 • , ,,i,,,,,, ............_ . ,.' 0. 4 crl AI, __. 'F4 f 1._......-- . th% =I NI I i..,„ . -.. -, . .44 L. S la vi- - ;; 1% '4, to 4 tA a 1 ti ,It. - Ot... NA • 111111111111011Cooti:PAiler -..,` " . di 7..0.0 94:44 4f. I t)- • . i i ...... . . ' . 4-Paiet*eirce 4541,22 • KURT E RoNSTROM . 4 OUT5I DE STORAGE 1/114---ONPeEM/SE5 4-*SaXIA7 /0-0-ac (11) • MEMORANBUM TO: • •add Morley, Building Official TO: Todd Peetz 10Q City Planner \ 0 r • FROM: Ed Gardulski • Public Works Director DATE: September 28, 200 •5 RET- —KMD—Ship Repair Special Exception 05-07 • The Public Works Department has reviewed the above stated Special Exception and does not have any comments or concerns. Jeff Ratliff(Stormwater Administrator) also inspected the property on September 28, 2005 and did not identify any potential stormwater issues associated with the Special Exception. • • • � � 1 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: October 28, 2005 RE: Special Exception for Outside Storage of Vehicles, trailers and trailerable items with 24-hour on-site security I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. Meeting Type: Board of Adjustment Board Meeting Meeting Date: 11/14/05 AGENDA Heading Special Exception 05-12 Item #3 No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception to build a conveyor system within the 25 foot setback DEPT./DIVISION: Building Department Requested Action: Consider recommendation for approval of Special Exception 05-12 from the Planning and Zoning Board to allow a conveyor system in the 25 foot setback. Summary Explanation&Background: The applicant desires to build a conveyor system from the Port of Canaveral into his property with the purpose of moving aggregate. The applicant previously requested a variance to accomplish his desired task. It was recommended that a special exception for conveyor belt systems. The City Council approved the change to the code to allow conveyor belt systems in the setback with specific location conditions. The applicant appears to meet those conditions. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception. City Planner's Office Department: Building Department frt'7/1 CD City of Cape Canaveral Building_Department (Please Print Legibly or Type) Y DATE FILED :7--G5 FEE PAID 250, (. ChjEPOSIT ( 1B2 . 1-0C1 10 TA RECV'D BY: S_ ($250.00 Filing Fee is non-refundable) 11) 3S2-• (00 • NATURE OF REQUEST Special Exception is for what purpose (Brief Description) CA i/1 Dave 0 e. /3 _ AL, ea.) �� C— G44.4.0.vi- . Cs4.4-L. Address of request (if applicable) ' ,S C, 64 _ Leh) Legal Description: Lot Block Parcel Subdv Section Township 37 Range_ STATEMENT OF FACT: State of Florida, County_, Couof Brevard;---T----_ - _ 3 • "fib ` being-dilly sworn, depose and say that: I am the property owner. 0...)e. e F *7-4.-e 04oAha S X I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): = aG ,SSA 1/1 Address: • �� _.. ' eot-,u►td: 37.92.o Home Phone) Work Phone g6 6/ -S"y3 -7(0 E-Mail itr' �►�c./VtT Applicant(s) Naes(s):__ �A �� m Address: Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest ani,-t 'iZe best of my knowled d belief. Signature of Ap Sworn to and subscribed before me on this-26" day of 20n ,41",t'.„ JOY DAINE Notary Public, State of Florida N: fitMY COMMISSION#DD 237771 EXPIRES:August 3,2007 'toy''oP'' Bonded Thru Notary Public Underwriters The completed request form and the $250 filing fee must •e i e. as o owsc equests f• or Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers,require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) 2 �� MEMORANDUM TO: Todd Morley, CBO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 5, 2005 RE: Special Exception 05-12 Canaveral Bulk Storage ------- ------ Container Storage Yard Property Owner: Randy May The Public Works Department has reviewed the submittal of the Special Exception for the above referenced project. The Director does not have any comments or concerns. PUBLIC NOTICE FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on : Notice to applicant by Certified Mail No. on Notice posted on Bulleting Board on Notice posted on Subject property on Property owners within 500 ft. radius notified by certified mail on 3 City of Cape Canavert APPLICATION-FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-177?. DATE: q--7 -(:),5 1. NAME OF APPLICANT(S) m/345.5/kook Se/Lo c a S -7-UC• ADDRESS (if assigned) 2..4 S c 1-4- cNy c& EL). PHONE # 7 9q 1466 I FAX# 68 526 Z E-MAIL Owl/45J€E•pent L( Aki 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: ' j TOWNSHIP?J 2• RANGE 1 S DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2. ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off eet parking and loading areas 2 provided without creating-endue--noise;glome-odor--or detrimental-effc n adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. • (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to -- - (a) ncL(b) above. - - — _ (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NO i b: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): 0 Build A CONwc 2 �s� � r-, av, �ssc.,- 1 cA p 04- Crr4�e ll�G Ki.,)Q cove a rt4)Arl/Vit - I I d2Aeat_ .`Tb mode_ ft 10er - exo.q. Y'Ite. frar.K Ito w e our i l-s�v k J r0 Lisa -t e-fC S. 5 @ D �'i —' i' 'i- ' i NEEDED—TO—COMPLE TE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of.mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. • 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 CITY OF CAPE CANAVERAL SPECIAL EXCF.PTTON WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied . prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. tJ , 2) Will the Special Exception create any unusual police, fire or emergency services? 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping,etc.? AO_ 0,,-r ift �'�,t�34cA 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience,•traffic flow and control, and emergency access in case of fire or medical emergency? YDS 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? le S 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)?YDS• 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? 1G5 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? Npri Cr5-) 7 9) Is there adequate refuse andservice—areas 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? yes esecol k 5. '+`''r 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? Np5 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? yes 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? y4.5 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? ycS 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions?yts c • 16) Should the Special Exception be specifically granted to the petitioner or k_run concurrently with the property?/ 8 BUILDING OFFICIAL Z.DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. Special Exception North South East West 4. Administrative Appeal CONSIDERATIONS SETBACKS: MEETS CODE CODE VIOLATION (Describe) COVERAGE: MEETS CODE CODE VIOLATION (Describe) LOT SIZE: MEETS CODE CODE VIOLATION (Describe) DENSITY: MEETS CODE CODE VIOLATION (Describe)---------- HEIGHT: _ MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES SUBJECT CODE SECT. APPLICABLE Code Sect. Applicability Yes No PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON-CONFORMITIES STRUCTURES LAND USES NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: Date Reviewed by Building Official or Designee: Signature: 9 City of Cape Canaveral 5—12— Building Department (Please Print Legibly or Type) DATE FILED '-:)—0-5 FEE PAID 2-1, C1, DC/DEPOSIT ( 32 . /670 107-a RECV'D BY: 7C- ($250.00 Filing Fee is non-refundable) 3S2-• (c20 NATURE OF REQUEST Special Exception is for what purpose (Brief Description) A../1 A OA)Veit 0/L / S (5`Ziot ov6 --r 15 VeT T344 13;k7-tot.cA) — d--cove.' C41 -. Address of request (if applicable) c H5 Ch4',L.ele". (2o. Legal Description: Lot Block Parcel Subdv Section_X,_q___Township 3 7 Range /5 STATEMENT OF FACT: State of Florida, County of Brevard; I 140.41.1_ _mil ,beimm swornLdepose an sav that_ X I am the property owner. o e A P ' e 0`uw*u S )X I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): /gymilks-5A 0 /L. 3eRug ce S XAl'. (- Address: :,.'IS C;Litt.ce.LJV S tAtt RQ Civil. e oturtd dL F + 2.7 46 0 Home Phones 3 8 487 Work Phone 71:11 4661 E-Mail Ain 4X''SJA ISA-ovk•NeT (1 II c••`f3 —R.07.i Applicant(s) Names(s): 5A/ne Address: (}1 Home Phone Work Phone E-Mail .. All information, sketches and data contained and made part of this request, are honest 0 and e best of my knowled d belief. 7 -..-.. ..-- Signature �Signature of Ap.. 1� Sworn to and subscribed before me on this %z`° day of Cf'-•� - ,20c_., . C 4•1JOY DAINE �' it MY COMMISSION#DD 237771 """t EXPIRES:August 3,2007 Notary Public, State of Florida 7r�-g Aofti°o` Bonded lhruNotary Public Underwriters The completed request form and the $250 filing fee must be i es as o ows: equests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a MI minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after NI the request is heard by the Planning &Zoning Board. (A deposit may be required per Section 110-92) L2 _, _ RADIUS MAP r 1 1 g 1 • I �P 9 W aE0.0E I mw ?L . ,,, + \ GEORGE J CNC EL I I /I J ,, a 6t I \ I EJLiL®1Cm1 RD7 ftkill"//01/ i . i 31 . Idiel I ��� f 9as / a //'"% ' d . rers'117:54. a �+,/ q r 7.TJ..xrn xa J` , ,�Y 7' l'r , 9prt f a, k'r��F4'a it /' {Y 9; �,',7111#rhr t/. lil rli'r� 1' Hj1"trry','j/flill l'i /h/4 i +' l'''P$, 4/1 a ^�tili�'(1.i'';�F` •rl /ll A�I�'�'lN1 ,,�.q����.t'1i1, R ;,6,(;,4'T,i,II///d/ ,,,,,,I„,llt'. 'N' l •!l'i,, .,,,,'r'�ll.h,,j? „k, L ,/ tt1+ 1 t ' At' ' 1I i t rr'1 /J , l i;f rt / Y I tl I,: 1;,1!';rir 9 r y.�l r / 1, tf ��k �1f7 I y}":l ',' / 114 1/r " l (!I y1r!1. r r(�l+ d,: a y•j,�l r r .�! ;/' lir` . //t !tl / / ,, ,viti Logi, l�t�l1lt>i. tv,. 1. !, ' II,J j r 'chi,rtn,ri}1/,1+ �i 11, trzi ' o'/A/f'l%;f;% t ++, a 41 t ..—)s ,613 ., . # ,. r 11,0_Aik\\\, M 'A..'" liy/101,, kt,MV • s ' 13,,,st 0 4_,A,_\,.• n /, .. •,.:"a IN MI Brevard County Property Appraiser.Jim Ford BUFFER DISTANCE 500 FEET APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1:6000 (one inch=500 feet) may, randy 543-8689, LEGEND: This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners, :`+. Notification buffer OWNER NAME(S)/ADDRESS: Property Appraiser,and Geographic Information Services do not assume responsibility for errors or ommissions contained hereon. N Parcel lot boundaries Produced by Brevard County Planning&Zoning Office- GIS,July 05, 2005 Numbers on map correspond to mailing list Pa,11Oz-m yrscw m.yr500-1.066p (5 1 massa-cion--Sces, Inc. I P.O. BOX 654 • CAPE CANAVERAL, FL 32920 � I 4.41ri • T September 29,2005 E L E 3 To City of Cape Canaveral 2 1 7 Re: Special Exception 4 4 6 6 1 We the owners, of Ambassador Services,Inc. hereby grant Randall May as our attorney-in- F1 o file such applications andliirms on our e a an to take such actions as he shall deem A necessary and appropriate with connection to such special exception application.Please direct 3 any correspondence on this matter to Mr. May at the following address of: Ambassador 2 Services, Inc. P.O. Box 654 Cape Canaveral,FL 32920 8 Thank you for your cooperation. 6 8 5 2 2 Very truly yours, A A Randall ' A A O V A , ACE A O 'IS t-- l. City of Cape Canaveral ' -6101, _/ tom:; October 6, 2005 r, ,s', ��,,,, NOTICE OF PUBLIC HEARING ' , ;'',4,???,''''''" 1 TO THE ADJACENT PROPERTY OWNER(S): ' SPECIAL EXCEPTION NO. 2005-12 Notice is hereby given by the City of Cape Canaveral, that Randall May representing Ambassador Services Inc., P.O. Box 654, Cape Canaveral, FL 32920 has requested a Special Exception to Construct a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-354(C)(16) for the property described asIoilows Legal Description: Township 24 South, Range 37 East,_Section 15, Parcels 99, 33_and part of 2, 3, 31 and 35. (245 Challenger Road, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, October 26, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board 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.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221),48 hours in advance of the meeting. Susan Stills, CMC City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 lb www mvflnriria rnm/rnr.P • P-mo;l• r�-“,.,-.,........ ...1a)..41 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff-that would=not have=beery-created-had=th properly=beerrdeveloped as a — - principle use in the applicable zoning district. The conveyor system may create some noise, vibration or utility requirements; however, the subject site is located in the M-llndustrial District and is therefore an appropriate area for the requested use. In addition, the conveyor system is intended to reduce the need for vehicular transportation of aggregate materials from Port Canaveral to the subject site. The conveyor system should reduce traffic generated by this type of land use. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The submitted application requests a special exception from setback requirements. The applicant desires to construct a conveyor system within the setback of the property boundary. Section 110-354(16) permits this type of special exception. All other zoning requirements can be met. 4) Is there adequate ingress and egress,with particular reference to auto and pedestrian safety and convenience,traffic flow and control, and emergency access in case of fire or medical emergency? As an existing structure there is no additional traffic control required. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? As an existing structure, no additional parking and loading areas shall be required. l`j 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. The proposed 'Special Exception' does not require further development of utilities and adheres to the capacity and service levels required by Code. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The 'Special Exception' for the construction of a conveyor system may require additional screening and/or buffering to protect and provide compatibility to adjoining properties. $) Are=signs=and exterior=lighting; if any, clesigriedacrd—arrarrgecl s a promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? With regard to signs and exterior lighting the 'Special Exception'for the construction of a conveyor system does not appear to worsen the existing conditions or create disharmonies to adjoining property owners. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? As a pre-existing M-1 Industrial site, the project meets most setbacks and open space requirements. The applicant is requesting a permit to construct a conveyor system within the setbacks of the subject site. Section 110-354(16) permits this request. Additional landscape buffering and screening may be required to promote compatibility with adjacent land uses. 11)Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? Because of the pre-existing nature of the site, the request should not impact the structure size, land values, or compatibility provided that additional landscape buffering and screening is placed along the southeast portion of the subject site. Landscape buffering and screening in this area shall promote compatibility with adjacent land uses. 2 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the remaining requirements for this zoning district found in the land development code with the exception of setbacks. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To=be=recommended by-the-Planning-and-Zoning-Board-and-determined by-the-8oTt:- - - - - of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 � � BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal M-1 M4 M=1, C-1 M-1 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: 1/-e -MEETS-CODE--- CODE TIOtATION113escrib) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCESg �" ...,� t G� Tm� �. �? Cs r< a. Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments /0 7(Y-41c Date Reviewed by Buildin; Official or -signee: Signature: i 4 MEMORANDUM • TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: October 10, 2005 RE: Special Exception For Conveyor Belt System I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. Page 1 of 1 Matthew Boerger From: Todd Peetz Sent: Monday, October 10, 2005 11:06 AM To: Matthew Boerger Subject: FW: Special Exception ( Conveyor Belt System ) From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Friday, October 07, 2005 9:45 AM To: Todd Peetz Subject: Re: Special Exception ( Conveyor Belt System ) Todd, Were-revte rimed✓thespeciat-eXcepti-on-arrdhave no commentat thistime. 10/12/2005 MEMORANDUM TO: Todd Morley, CBO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 5, 2005 RE: Special Exception 05-12 Canaveral Bulk Storage Ambassador Services Container-Storage-Yard------ Property ontainer-Storage-Yard-`--_Property Owner: Randy May The Public Works Department has reviewed the submittal of the Special Exception for the above referenced project. The Director does not have any comments or concerns. 1 I Meeting Type: Board of Adjustment Meeting Meeting Date: 11/14/05 AGENDA Heading Variance Request 05-06 Item #4 No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Variance Request 05-06 to allow a conveyor belt in the setbacks from property lines and road right of way, for Ambassador Services,Inc. DEPT./DIVISION: Building Department Requested Action: Consider recommendation for denial of Variance 05-06 by the Planning and Zoning Board a variance for a conveyor belt in the setbacks from property lines and road-right of way,by Ambassador Services Inc. I Summary Explanation&Background: The applicant is Ambassador Services Inc. they have requested a variance to allow a conveyor belt to be within the property line setbacks and road right of way. This requires a variance to permit the conveyor belt to run across properties contained in their site extending to the Port of Canaveral. The Planning and Zoning Board recommended to City Council this issue be handled as a special exception. The Land Development Code was changed to allow conveyor belt systems as a special exception and established location criteria. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the variance, #1 Notification to Surrounding Property Owners, #5 Staff Report on the variance,#6 Illustrations. City Planner's Office Department: Building Department ' `- q i .4. A O a5 City of Cape Canaveral APPLICATION FOR VARIANCE TYliiil.itq escrow: tr i3z40 Date i e ee aI 250,00 $250 Filing Fee is non-refundable Description of Request: (Insure that the specific sections of the Zoning Ordinance allow & support request are noted). Attach separate sheet if necessary. that pp your q ) P Y.-— Budd A C-otucr o/L 3 EL7— o v�e2 � a S i zivi Se i /3, CA-Aha vF,e,tC. Afth9 OCUsui41/4W Address of request: ),yS C441.5.i1/G-E2 R/J e Legal Description: Lot(s) , Block ,Subdivision Section L/ ,Township 3 7 , Range /T STATEMENT OF FACT: State of Florida, County of Brevard I, Fke.AV 1)1 ,p . , being duly sworn, depose'and say that: I am the owner. I XI am the owner(s) designated agent.(Attach notarized letter of authorization). Owner(s) Name: f34S51 i J�� ' c eS Address: 1`x.0. 0XM 't � ,5'i nifiee Home Phone:S(3— %( 8l Work Phone:78g%gel 6/ FAX: 868 -5-,A6 2r— All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to arld subscribed before me Si .- • - of Applicant: on this day of 1fa0' `, NOTARY PUC•ST ATE 7k (.1,_/ SuBUsan. L. Chapman Commission#DD384306 State of Florida Exliires: MAR. 23, 2009 Notary Public, Bonded Thru Atlantic Bonding Co.,Inc. The completed request form and the$250.00 filing fee must be files as follows:Requests for Variance,14 days prior to the Planning Sr Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the PIanning&Zoning Board. FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No. on Notice posted on Bulletin Board on Notice posted on subject property on Property owners w/in 500 ft.notified on Variance Application/Aug.00/Page 1 of 4 7 41,,t- Ambassador Services, Inc. rr P.O. BOX 054 • C:At-'t CANAVERAL, FL 32920 • f T July 6, 2005 E L 3 To City of Cape Canaveral 2 1 sRe: Variance Applications 4 4 6 6 1 We the owners, of Ambassador Services, Inc. hereby grant Randall May as our attorney-in- F fact to file such applications and forms on our behalf and to_take such actions_as-he iall-dee-n == A — necessary and appropriate with connection to such variance application.Please direct any 3 correspondence on this matter to Mr. May at the following address of: Ambassador Services, 2 Inc. P.O. Box 654 Cape Canaveral,FL 32920 Thank you for your cooperation. 6 8 5 2 2 Very truly yours, E M A A Randall May A A O 05 E vvL _ ✓ NOW?P UC•STATE OF FLORIDA f Susan L. Chapman c E ::: Commission#DD384306 1 :'• _ N Expires: MAR. 23, 2009 C Bonded Thru.gdandc Bonding Co.,Inc. • E • A R T H L 1 N • K N E T VARIANCE APPLICATION WORKSI ILET This worksheet must be completed,legible,and returned,with all required enclosures meeting to be processed for consideration by the Planning and Zoning Board for study and recommendation to the Board of Adjustments. You and your representative are required to attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning&Zoning Board holds its regular meeting on the.2nd and 4th Wednesdays of every month at 7:30 P.M.in the City Hall Annex,111 Polk Avenue,Cape Canaveral, Florida,unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT(attach notarized letter of authorization if not actual owner) 2. PROPERTY ADDRESS QF REQUEST:Aiff address is not available, give general location) _ kis chAtue,vo e" __—___-- 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Lot: ,Block: • ,Subdivision: Parcel: ocl,Q 921 ,Section % ,Twp. '3-7 ,Rge. /5" 4. Size of Subject Property (calculate acreage): ,� i 7 5 1 cit S 5. Ordinance Section under which Variance is being sought: /0 '61. 6. Current Zoning Classification of Subject Property: i 4 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information. 8. 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 IS EMPOWERED TO GRANT THE VARIANCE. PLEASE ADDRESS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING,THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/Aug.00/Page 2 of 4 Lgi • THE CONDITIONS ARE AS FOLLOWS AND ITEMS (A)THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 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. / ' J t / .s AKA, i r r ..• A -I- e. .7 L __ - 1—L.—1M t WEL-!L►•�i . • 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 work unnecessary and undue hardship on the applicant. r A 4 606 Se ' A), C. That the special conditions and circumstances referred to in item(A) above do not result from the actions of the applicant. • ;ArCA D. That granting the variance requested will not confer lands, on the applicanres t buildingspecialin privileges that are denied by the ordinance to other the same district. IA)"e--- G,r45 t.- 71-1-- 4 L - ?, , 1+ c - ''a/LT d t r _ y e%) Variance Application/Aug.00/Page 3 of 4 mow 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. -t. . (, ) v-eit off. w14,44.4,s -ro .'per -- d3A k_ it • 1,—.I 0 LAG ,r.�.. . D , A Go.s F/t �_ P.de- '--1-10 71->--- `V ‘5 1-0 moire . F. 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. 1 $ / A Ai 12vN g. ` oo- is SattrLo uNgzO 07 plup..Krii -ANT- ,./...----g7--- --. ...A,4,4,,,_, pAy9 �Lso `T&r A Lor 0 �kok c 2 -A��-- dry � LT— S•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 BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY 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. 9. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents must be attached to this submittal. a. Notarized affidavit of all property owners. b. Check for the required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURA Th BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNIN D ZONING BOARD AND BOARD OF ADJUSTMENT. APPLICANT SI ATURE: / PRINT NAME:" ,A .A/12-04 .. m Variance Application/Aug.00/Page 4 of 4 tc,46.-k Ambassador Services, Inc. T E L • rff E 3 July 6, 2005 2 1 7 4 To Whom It May Concern: 4 4 6 6 1 We are asking for a variance to build a conveyor belt over the twenty-five _ A_-- (25)- e = .ac •e een ape anaver. an. Fort anaveral 3 boundaries. The purpose of the sixteen hundred (1600) foot conveyor is 2 1 s to move rock from the ships to our storage area to cut back on truck 6 $ traffic. The variance is on land that we own, to land that we have a 5 2 s permanent easement on from the Port Authority. 2 E M A Sincerely, 1 _ _ C / A A 3�� Randy M 0 R S E R V C • N C E A. R • T H K N E T RAYMOND P.SHARKEY Chairman ainctamod TOM GOODSON Vice-Chairman J PORT AUTHORITY RODNEYS.KETCHAM Secretary-Treasurer •' RALPH J.KENNEDY Notice to Proceed ---CnmENNE Commissioner ------------------- JOE D.MATHENY Commissioner June 8, 2005 J.STANLEY PAYNE Chief Executive Officer Randy May Ambassador Services P.O. Box 632 Cape Canaveral, FL 32920 Re: Canaveral Bulk Terminal Overland Conveyor Dear Randy: The Canaveral Port Authority has reviewed your plans on the Canaveral Bulk Terminal Overland Conveyor and a Notice to Proceed with construction is hereby issued. Upon completion of construction the architect/engineer must submit a signed and sealed affidavit stating that the plans submitted and the construction are in compliance with the Florida Building Code as stipulated in Section 104.3.2 of the Florida Building Code. In addition, please note that the facilities cannot be utilized until we have these documents in our possession. Additionally, we had asked that your engineers submit signed/sealed calculations to us demonstrating the foundation would not impede the drawdown of the dry retention areas. If this . ............ cannot be proven, the system would need to be redesigned and the permit modified. A construction schedule must also be submitted with the dates of all footer pours so as inspections may be accomplished. If you have any questions, please feel free to contact me. Sincerely, CANAVERAL PORT AUTHORITY • David M. Hamby Manager, Property, Permitting & Inspections cc: Mark Blake Gee & Jensen Tenant File PORT CANAVERAL&FOREIGN TRADE ZONE 136 200 George J.King Blvd.•P.O.Box 267•Cape Canaveral,FL 32920,USA • 321.783.7831 •1.888.PORTCAN www.portcanaveral.org RADIUS MAP ■ ■u1 poWli 'MEMIIIIIMIIIIIIIIII® 1 •tillIll ili--- - u—T-cr-, __ Isommem ail yq cfll[1A1 r 1±1' .; ,, r , milli 1, r.r ="I l.{II .(.'' •.u ,le ; p ��4Iti,1�, ,a'°F h;rl`'-�'%�y �,'�hit!liffq'�,h/jlil;ikir.r, , !, g�ni�/J71 n l f),:f14�': rl 1 ,.?//; fl�.i Il:, r:�:lllm i, +':! �4� I��''+ r1 4� , �4 irr (I �Uri�i�i. s rl l tl':�tl cl r(.ry i}', 1 ,, 1 /p �4:1(:I(I ,N'' �!r 1 ll, n1, , . 1 ! d lil(� J4'Itwh,u � yl' ! l r h rl!^r r � Ihi y h,fi 1 11 i t`, 1' r i ill vJb, 'll�,,. `f�r 1'I'J/°1: . ,/,),l+�r' yl /; •:',. l'i ;Id/yil4 jt�tp i,.,l'ii 1.It4', ,I��'I 'rii%r. �'Si`r(�Y;:/i�� ,1: �' I- pII 'I!!!!Ii I ZI I I r4I 11 1 1 II 11 I I I I I I I i 1%1 I I ,,,,__ A‘WO ,,,,/ moming i Ilk\4 44 — "iv' WIEN is? iiiiiniiiiiiiiiiii 1 BUFFER DISTANCE 500 FELTBrevard County Property Appraiser.Jim Ford MAP SCALE IS woo(one inch=500 feet) Based on data from the Property Appraiser's Office APPLICANT NAME(SVADDRESS: LEGEND may, randy 54H689, This map was compiled from recorded documents and does not reflect ,',d Notification buffer • MI actual survey.The Brevard County Board of Commissioners, Parcel/lot boundaries Property Appraiser,and Ceographic Information Services do not assume OWNER NAME(S)�ADDRESS: responsibility for errors or ommissions contained hereon. 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Sd1 i.- f• Y•r ¢, .'v,�.. .2%,,,••,--;;.,:‘,!;:-- "Cat ..i.t .- -1 F _ c>-.,! ,, r ,• H :I' .• •, - \ n Y s� rR 1. 1 _ p� ., '>T T ta'myf' •y ' Nf't''1" '...A J� i ,j ...3 i., - ^�} ''>,-'• .Lfi`ri ?` fk i y�. .s L . 1 '" • • +.Jj ;I^:y.rcr �?4'1-.. r I .��r a�� 1 7 '� ,, {A.f. - i 1--•ar.a'" 'r ,�r".. �'. !^..fi L`i 1_ f . .r.. - I .+ 1•r .. . .,, . .. r• � i. - • _ .-may. :�• F \ittl11111111 CFN:2001011972 U1-22-200"t-1 02-prn-- OR Book/Page: 4277 / 1805 Scott Ellis____ --- Clerk Of Courts, Brevard County -- --- -- #P s. 3 9 #Names: 2 Trust: 2.00 Rec: 13.00 Serv: 0.00 Deed: 119.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 • A298-10 QUITCLAIM DEED R298-04 THIS QUITCLAIM DEED, Executed this 22nd day of January , 2001 (year), by first party, Grantor, BJORNAR K. HERMANSEN, TRUSTEE whose post office address is 245 Hacienda Road, Merritt Island, FL 32952 t{�to second party, Grantee, AMBASSADOR SERVICES, INC. whose post office address is P.O. Box 632 Cape Canaveral, FL 32920 ...._.... ......... . .. .... .... WITNESSETH, That the said first party, for good consideration and for the sum of TEN Dollars ($ 10.00 ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances there- to in the County of BREVARD , State of FLORIDA to wit: • • • o-D (1) Res.h/(N) © 1992-20(X)E-Z Legal Forms,Inc. ZBAA This product does not constitute the rendering of legal advice or services.This product is intended for informational ucr only:Indis nor:,<r hcrinur•fpr t•-,:,t CFN:2001011972 OR Book/Page: 4277 / 1806 IN WITNESS WHEREOF, The said first _artP has signed and sealed these resents the day and year first `i " ` • t T r\ IIC .a- `^�•, Si:, ,itre ;f First 'arty) , Signature of itn s .i 1 • / * a--- -iztieFiz_. R sth n Q \ Print name of First Party Print name of Witness Signature of First Party Signature of Witness _ —__—print name of First Party_ — — --- -- -- Pri-nt-name—O Witness State of FLORIDA } . County of BREVARD before me, On JANUARY 22, 2001 appeared BJORNAR K. HERMANSEN personally known to me (or proved to me on the basis of satisfactory evidence) toe be the the a(s) whose hse name(s) ate r is/at subscribed to the within instrument and acknowledged to me that he/�' authorized capacity(ies), and that by his +r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my • 1 i and official 1. i - Affiant Known Prodaced ID g cure of Notary Type of ID "% N. Francia Carvajal (Seal) � �/b 2/ c . } l *My Commission CC679248 County of /6Q// d State of � `� �,'�tiro'l Expires September 10,2001 On 4rafd(9,46Le--.7`7 0/ before me, appeared hose name(s) personally known to me (or proved to me on the to metthat he/evidence) she/they executed the same(s) �in his/her/their is/are subscribed to the within instrument 1 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Affiant Known Produced ID Signature of Notary .e of ID (Seal) Signature of Preparer .41111111r" RANDALL L. MAY Print Name of Preparer 0 1700 SANDPIPER ST. , MERRITT IS. , FL. Address of Preparer LEGAL DESCRIPTION: (QUIT CLAIM - BRB TO ASI ) ...... ......._..... A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, BEING A ----------------. ... _..� ■ ___. e_ _._ .w.—_ L�e_.re_._.__..tee .–.. _�._e-_ ?._�.�: _ �.a _���. �:.se 4483, PUBLIC RECORDS OF SAID BREVARD COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST (A CERTIFIED SECTION CORNER AS RECORDED IN THE DEPARTMENT OF NATURAL RESOURCES DOCUMENT No . 00187, DATED APRIL 01 , 1984 ) ; THENCE S 0-47 ' 35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559 . 00 FEET TO THE SOUTHERLY LINE OF THE CANAVERAL PORT AUTHORITY; THENCE N 89-55 ' 48" W, ALONG SAID SOUTHERLY .LINE, A DISTANCE OF 200 . 02 FEET TO THE POINT-OF-BEGINNING; THENCE S 047 ' 35" W, ALONG THE WESTERLY LINE OF AMBASSADOR SERVICES, INC. AS PRESENTLY LOCATED, A DISTANCE OF 749 . 68 FEET TO THE SOUTHWEST CORNER OF SAID AMBASSADOR SERVICES;_- THENCE x$415 ' 48" Er ALONG-I-'HI;- SOUTHERLY--LTNE- SSADOR -SERVICES, A DISTANCE OF 200 . 02 FEET TO A INTERSECTION WITH THE WESTERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54; THENCE S 0"47 ' 35" E, ALONG SAID WESTERLY LINE OF DEED BOOK 102, PAGE 54, A DISTANCE OF 50 . 01 FEET; THENCE N 89"55 ' 48" W, PARALLEL TO AND 50 FEET SOUTH OF THE AFORESAID SOUTHERLY LINE OF AMBASSADOR SERVICES PARCEL, A DISTANCE OF 356 . 34 FEET; THENCE S 2308 ' 26" W, A DISTANCE OF 147 . 30 FEET TO THE NORTHERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 ; THENCE N 89-52 ' 44" W, ALONG SAID LINE, A DISTANCE OF 54 . 33 FEET; THENCE N 2308 ' 26" E, A DISTANCE OF 601 . 54 FEET; THENCE N 0-00 ' 00" E, A DISTANCE OF 381 . 63 FEET TO THE SOUTHERLY LINE OF THE CANAVERAL PORT AUTHORITY AFORESAID; THENCE S 89"55 ' 48" E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 21 . 06 FEET TO THE POINT-OF- BEGINNING. CONTAINING 1 . 743 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. C : \WP\DOC\BRB-ASI 11111111115111111111111 CFN:2001011972 �807 OR Book/Page: 4277 I _ el.,ei/7- e z_/4/.4.1 ..----.7 A-•? ...=i- _ . • ...„ - il mil . v. ..,, THE CANAVERAL PORT Aunt:erre , Ili. OMIANWAL. feel AUfWRIfY it • 1 .- Ii 11 1 It ii A . : 11 11 OEFEIVIL IVO P ILIFFLY LEASE 1 ORO PROPOE1104 .‘ •z • -_ -- ---— POI NT-OF-NEaz NNI NO 111: L. 1* • 11.1. • BUIRJECT PARCEL . ;, • 44 4. KT•IF NOM 41 11 • 2/L B1 I IL.L 1411 11 .24.a t -• . ke Nom wieir a't - PAEFAMAI GATED MIMI NUN IllfILD11111 4/ * 717, I 11.177 MUNE FEET 1 UI g 3 i Is - k - / 1 1 , ,I, ! OLT 08 Item ' PIMA VAULT I t. 210 POW01 (LI. 1,411•11 , / . I 11I 17611 DMA i.TOI NZ IILIPOVE0 /; • 4 -4 W MAIN LIM PUCE I PPIEFAIIR1 CA1137 ALUM 11/4 111111-01111 I 1 A.354 SAUNIG FEiET 1 I • C ] rk. . .,..k. ..' ,* 1_, i fef. IOU43 S. 1' i 0 ARM . et•040061 11110 this'te . I . I..EK ACCO• tt hi 1.0 &et, 'FFi.tLi WTI-19-`,111'.• 4 & IP. : , ti # / va I "Iti , • , , , g ,4- • s i , .4%O AGO. " ' • , • • 11 L 88 489'54'8'E 17 FILM *I AE11011 KUM.1 1113Aft- • FUTURE 511 FOOT R/Ii 4" _ 1 I L L 411.0 ILL 411.0 : 0, • -(4, t 1'16, • "" ',It• 1 14 I. ao. T -1;11 If . 1 51I.SO MET.11 RAM • • ILL 411% SET.5 IOWA HIM'r r w ' 4:... it& fideritflo• I LI. 411% 30 ,..' ? Ill k it ?ET el WAR VET'MI NOVA I I-L 411% 137.111 ,'.."IL:1E949v NelP 61,11.w LANA 0E1100 SC II*TM IL 1110211011 BOW WM MU 1111111 City of Cape Canaveral Canaveral Bulk Storage Variance . ............... . ........-.... Applicant: Designated Agent; Randall May. Location: Range: 15 Township: 37 Section: 24 Acreage: 1.75 Acres Proposed Number of Units: Not Applicable Current Future Land Use: Industrial M-1 Current Zoning: Industrial M-1 Description: The applicant requests a variance from the 25' setback requirement from property lines to construct a conveyor belt coming from the port to the applicant's property along the owner's 25' setback. The subject parcel is currently developed and located south of George King Boulevard and west of North Atlantic Avenue. North South East West Zoning Port M1 Industrial M1 Industrial and Port/M1 Industrial C-1 Commercial Comp Plan Port M1 Industrial M1 Industrial and Port/M1 Industrial C-1 Commercial Existing Port Canaveral Vacant Industrial and S.E. Port Canaveral Conditions Portside Villas Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will,not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service"A" with 373 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A"with 368 excess trips. This is an existing development,the conveyor belt is a means of transporting the materials to the site. In essence the number of trips to and from the site should be cut in half with the installation of the conveyor belt. Traffic Impact Analysis and capacity is not available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). TLI lhistin usage is 1.26 MGD with an excess capacity of.54 MGD. This project will not generate any added waste water. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. This project could require approximately 1,400 gallons daily. Even though the variance request will not affect water quantity or quality there is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site consists of a Canaveral complex, gently undulating (Ca) soil type. Canaveral soils con s-aflienrylaveLannct-gently_sloping=soil =thatt sand-and-shell=fraginent. - — water table is between a depth of 10 to 40 inches for 2 to 4 months of the year and below a depth of 60 inches in the dry seasons. The natural vegetation is saw-palmetto and scrub live oak on ridges and sand cordgrass in sloughs. Historical and Archaeological Resources in Amendment Area: Not Applicable. Population Projections and Trends: Not Applicable. • Oti Request for Variance Canaveral Bulk Storage Variance Summary for Request: .pp ican reques s a vanance om e prope y on an• Si.e se .ac s from the property lines. The owner (designated applicant) proposes to construct a 1,600 foot conveyor belt connecting the port to the property line within the 25' setback of the owned property. The conveyor belt will pass above George King Boulevard and will be completely enclosed from beginning to end. The conveyor belt shall not cause any preliminary traffic, infrastructure, congestion, or growth problems resulting for the request and granting of the variance. Conditions: The conditions are as follows and items (a) through (fl must be answered in full: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land,_. structure or building mvolved and are not applicable to other lands, buildings or structures in the same district. The conditions that exist are unique to the land due to the proximity of Port Canaveral owned lands. The proposed structure is very unique and visual impacts are being reduced by enclosing the conveyor system. Because the Conveyor system has to cross property lines it requires a variance to do so. 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 work unnecessary and undue hardship on the applicant. To meet the setback requirements the conveyor system will need to be redesigned with a temporary or removable section within the setback areas. This does not seem to be a functional solution. Requiring a temporary or removable system may create an undue hardship to achieve. Also the conveyor system has benefits of reducing truck traffic on George King Blvd. Due to the unique nature, location, and use of the property the conveyor belt will need to require a variance referring to the conveyor belts entrance to the property and the conveyor belts distance from property lines and road right of ways. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicant's request for relief of the 25' setback minimum does result from the actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privileges that are domed by the ordinancc to othcr lands, structures or buildings in the same district. 117= e unique na ure, oca ion an, use o t e property t e variance request restricts the owner the ability to improve productivity, while reducing traffic congestion around the area. The granting of such variance does not entitle the property owner any special privileges because of the unique nature and character of the property. Other property owners have the ability to request a variance from setbacks. 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 granting of such a variance allows the property owner to efficiency utilize the land without creating an additional burden to neighboring property owners. F. 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. The property in which the variance request pertains to, is situated in an area of the city that is either bounded by the Port of Canaveral or is zoned Industrial (MI) .The existing zoning and proposed use is consistent with the intent or purpose of the zoning code. The proposed construction of the enclosed conveyor belt will improve the public welfare and livability of the area by decreasing the amount of truck traffic that creates noise, vibration and pollution. The proposed construction of the enclosed conveyor belt will also improve efficiency to the owner's property and the neighboring Port of Canaveral Complex. • MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: August 1, 2005 RE: Canaveral Bulk Storage Site Plan I have three general comments: 1. All owners of the property need to be apparent and_accounted-for in the_sig g_-- —_ and documentation of the variance request. 2. A `Unity of Title' may be required to relinquish inter-parcel property line setbacks and other property requirements. 3. The site plan requires a variance (currently under consideration). If you have further questions,please feel free to contact me at 407-629-8880. ........ . ... ..... . .......... ... MEMORANDUM • •, -': • Building Official FROM: Ed Gardulski Public Works Director DATE: July 15, 2005 RE: Variance Request July 6th Canaveral Bulk Storage The Public Works Department has reviewed the above Variances request and does not have any comments and or concerns. 2� iimpiiiimisemonommomor Todd Peetz 9 hart ccvfd.org] From: John Cunningham pourrning � Sent: Tuesday,July 19,2005 11:38 AM 10: Todd Peetc Subject: Re:Canaveral Bulk Storage Todd, I have reviewed the request for a variance in the set back,we neve no Issues at this time. John Cunningham Asst. pito Chief/Firs Marshal Cape Canaveral Volunteer Fire Dept. 190 Jackson Ave Cape Canaveral, FL 32920 Office: (321) 783-4777 Fax: (321)7835398 h :lrwww_ccvfd,org 8/3/2005 Z Planning & Zoning Boatel Meeting Minutes August u est 10. 2005 ___ r— – Page 3 3. Recommendation to the Board of Adjustment Re: Variance Request No. 05-06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - (245 Challenger Road) - Randy May, Designated Agent for Ambassador Services, Inc., Petitioner. City Planner, Todd Peetz, gave an overview of the request. He advised that the request is for a Variance to construct a conveyor belt from the Port Canaveral property to the Petitioner's property located in Cape Canaveral. He noted that the structure will be crossing several property lines, as well as, right-of-way easements. He explained that a property search revealed there were three different owners of the properties in question, and that staff has requested that there be some type of joining or Unity of Title of the properties to reduce the number of property lines to be crossed. — City Attorney, Anthony Garganese, addressed the applicant and requested that the applicant provide a visual diagram of the structure to identify the height and the property lines that would be traversed by this structure. Discussion followed regarding the construction of the structure; the area of the property the applicant was requesting the Variance for; actual height of the structure crossing the property line setback; if the structure was enclosed; and whether the structure will withstand hurricane force winds. Randy May, property owner, testified that the structure would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high at the middle, and reduced to 5 feet at the base; the structure is designed to withstand 160 mile per hour winds; the purpose of the structure was to reduce the amount of the truck traffic on George King Blvd.; and the Port Authority had granted a permanent easement across the adjoining Port Canaveral property. City Attorney, Anthony Garganese, asked the applicant what type of easement the applicant has with Port Canaveral. Mr. Mays replied that he had a permanent 100-foot easement at the boundary of the Port and the City of Cape Canaveral with perpetual use of the property. Mr. Garganese stated that this was a unique situation in that this may be a jurisdictional boundary issue and that the Board could consider these possibilities; one being that the Board could possibly grant or deny the Variance or consider a legislative change to Section 110-538, Encroachments. Lamar Russell voiced his opinion that this request was simply an encroachment of setbacks and the applicant needed a legislative change. Discussion followed regarding tabling the issue in favor of discussing a legislative change to Section110-538, Encroachments. Motion by Lamar Russell, seconded by Leo Nicholas, to table this agenda item. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Leo Nicholas, to agenda this item for the next meeting, as an addendum to Setback Encroachment, Conveyor Belts. Vote on the motion carried unanimously. meeting I ype: Mara of Adjustment Meeting Date: 11/14/05 AGENDA Heading Special Exception 05-13 Item #5 • No. • AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception to allow residential in commercial DEPT./DIVISION: Building Department Requested Action: _-- Consider recommendation for approval of Special Exception 05-13 by the Planning and Zoning Board to allow residential use in a commercial district. Summary Explanation&Background: The applicant desires to build residential condominiums at Oak Manor mobile home park currently exists. The applicant is requesting a special exception for residential in a commercial zone in order to construct approximately 122 condominium units. The majority of the site has been utilized as residential use. A concept plan was provided with the application for review. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception. City Planner's Office Department: Building Department City of Cape Canaveral. • . 1.#0.5-1 Building Department 5(4,60 r)((tZPVYITIUS (Please Print Legibly or Type) D_ATE_EILED__ 720- ____FEE:_ _t,a.,,,JC_.11 i Erosnlit 9' L-A 1 RECV'D BY: 5 ,(-- _ ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST 1 hi bo , p c., Speriure al Exception is for what p ose (Brief Description) - "'-- --..4 t. 141,4.11 h - 014411- ce- ttj C--. 110 -1 33q ( 110) c.: Address of request (if applicable) 1 9 11 Oa K h1kil6( l'ill. , -- Legal Description: Lot Block Parcel Subdv Si• 4777tata Section lq Township 2 / Range 37 . .. . EtIN el 6 /r STATEMENT OF FACT: State of Florida, County of Brevard; I VEV I N P.. M tritioy,being duly sworn, depose and say that I am the property owner. OL $1 I am the owner(s) designated a&en.t. (notarized authorization required) Owner(s) Name(s): /8 id f de Hy Goal tt,c4" Address: I ?ô baK nts..4.1.6 v bilu Cape (4_,,Lve,..,-1-/ Home Phone Work Phone el II "6 7'1 I E-Mail r vs‘i Applicant(s) Names(s):Sea 6 cloyei Col slyu(.1-0 rs c..L C. Address: 314 LS 56A-City XUel124j Gni /hi Szit 3 Y i r CgiCike PhoneS6B-5i 9j Work Phone SO6 1131E-Mail W (ski cans-Mx-66n cL C-4—(' Vv"Crn4 All information, sketches arid data ontained 4rid made part of this request, are honest and true to the best of my kno lee"z and belief. Aic? Signature of Applicant to)z)cabseibges.:a • e(si. ort . ; day o ------Sr tlast MY COMMISSION# 00113253 EXPIREG Notary Public, Stat of Florida -,- __- • :. E : ititi 4: May 15,2006 0,4DED THRU TROY FAIN INSURANCE,INC. The completed request form and the $250 filing fee must be filed aslagws: 'Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning &Zoning Board. (A deposit may be required per Section 110-92) • ig, k -- - - - - - 7 .. . 2 City of Cape Canaveral APPL-IC—A'FION-FOR SPECIAL EXCEPTION T1iik application rn»st he legibly completed and returned, with all enclosures referred to therein, to the Building Department;a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in orerto e processedor coni eratiion by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE - SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at(321) 868-1277. DA'I'L: • 1. NAME OF APPLICANTS) 50430 4t i CON STl2ticT , 1_,{.c ADDRESS (if assigned) PHONE # Soy 9'13 / Fax # 733 --13go E-MAIL Wt i cc ingAtc► 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: cde- YLY arm LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: I y TOWNSHIP ZY c2ANGE 3 7 DESCRIPTION: 3. ORDINANCES SEC.:110N UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Sec. 110- 33 y Cr a ) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLEIE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN EN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: • (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating-undue-miser glare, odor or detrimental eeffects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in with all adopted codes and ordinances_ (f) Refuse and service areas, with particular reference to the issues relating to pd �- -= (g) Required setbacks and other open space. - (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease,if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NO1.h: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): e5!26 ) cow 5 ne U tr l Z Z ' C,DAa mbaini 5 'p{VVit VV1 • 1 n - --AUTh O. rJQN-- U c5 The undersigned, HOWARD M. GOULD and BETTY T. GOULD, Tr stees, h reb swear and�i allows: 1. That we are record owners of reatra P Pew located in Brevard County, .Florida with street address of 190 East Central Blvd, Cape Cameral and with legal description more particularly described on attached Exhibit A hereto ("Property"). 2. That we hereby authorize Seaboard brvestments, LLC, Seaboard Constructors, LLC, and their authorized agents and representatives to appear before any and all local (including but not limited to Brevard County and City of Cape Canaveral), state, and federal officials and boards; and make, file, and process all applications for approvals and permits, including for special exceptions, for and on our behalf with regard to the Property. In witness whereof, the undersigned have signed this Authorization as of the last date set forth below. -tri/ fp- L., Howard M. G• Betty T. .uld Date:,] . ._ /`� `, Date: .Y • grY't SUZANNE M.THURSTON e, STATE OF FLORIDA .' MY COMMISSION#DD 176336 Vann �••���,.:o: EXPIRES:January 8;2007 COUNTr�� y�yyy� �p���y .•!.•T: Y v a 5. Oi Ern Y R 9 Q•`` Bonded Pau Notary Pubic Un fernriter The fore oing was ac ..cwleciged before me by Howard M. Gould and Betty T. Gould this/V day of � 2005. • • V r 1'A• r 0 blit/State of Pio .a at Large Pet-501101y Known V OR Produced Identification Bflt7'�iG�tioTa Type of Identification Produced • K:IwarktReat-propeet;% IGuutd$E-pennkFi &t c�� Commence at the West '.a corner of said Section 14 and run S.01005-25"E.. along the West line of said Section 14, a distance of 705.90 feet thence S.89°23.'00"E., a distance of 865.65 feet to the Point-of-Beginning; thence continue S.89°23'00"E., a distance of 169.20 feet to a point on the Westerly Right-of-Way line of Old State Road No. 401; thence N.07°32'50"E., along the aforementioned Westerly Right-of-Way line of Old State Road No. 401, a distance of 97.47 feet; thence N.85°11'46"W..a distance of 173.1 feet; thence S.04°58"08"W..'a distance of 109.71 feet to the Point-of-Beginning. Containing 0.41 acres,more or less, and being subject to any easements and/or rights-of-way record. DESCRIPTION: PARCEL FOUR (VACANT FIELD): A parcel of land lying in Section 14,Township 24 South,Range 37 East, Brevard County,Florida, being more particularly described as follows: Commence at the West 1/4 corner of said Section 14 and run S.01005'25"E., along the West line of said Section 14, a distance of 705.90 feet to the Point-of-Beginning of this description; thence continue S.01°05'25"E., along said West line,a distance of 189.99 feet; thence S.89°23'00"E., a distance of 846.19 feet to the Southwest corner of land described in O.R.Book 667,Page 103 of the Public Records of Brevard County,Florida; thence N.7°32'50"E., along the East line of said lands recorded in O.R. Book 667,Page 103,a distance of 140.0 feet to the Northwest corner of said lands recorded in O.R. Book 667,Page 103; thence S.89°23'00"E.. along the North line of said lands as recorded in O.R. Book 667,Page 103,a distance of 159.89 feet to a point on the Westerly Right-of- Way Line*of Old State Road No.401; thence N.7°32'50"E.,along said Westerly Right-of-Way Line, a distance of 51.33 feet; thence N.89°23'00"W., a distance of 1034.85 feet to the Point-of- Beginning. Containing 3.92 acres,more or less, and being subject to any easements and/or rights-of-way record. • (1X- PSL:16307:7 SELLER 5 1_ PAGE 16 OF 16 PURCHASE' _ • • EXHIBIT "A" • REAL PROPERTY • DESCRIPTION: PARCEL ONE(TRAILER PARK): A parcel of land lying in Section 14,Township 24 South, Range 37 East, Brevard County,Florida, being more particularly described as follows: Commence at the West 1/4 corner of said Section 14 and run S.1005'25"E.,along the West line of said Section 14 a distance of 474.9 feet to the Point-of-Beginning; thence continue S.01°05'25"E.,along the aforesaid West line of said Section 14,a distance of 231.0 feet; thence S.89°23'00"E.,a distance of 865 65 feet tceN�04°5£x'08 F d stance L0-9T7-1--f€e thence-S-&-5°1 46 -distance-of —__ 173.1 feet to a point on the Westerly Right-of-Way line of Old State Road No. 401; thence N.07°32'50"E.,along the aforementioned Westerly Right-of-Way line of Old State Road No.401,a distance of 135.13 feet; thence N.89°23'00"W.,a distance of 1069.8 feet to the Point-of-Beginning. Containing 5.17 acres, more or less, and being subject to any easements and/or rights-of-way of record. DESCRIPTION: PARCEL TWO (CENTRAL BLVD.): A parcel of land lying in Section 14,Township 24 South,Range 37 East,Brevard County, Florida, being more particularly described as follows: Commence at the West 1/4 corner of said Section 14 and run S.01°05'25"E., along the West line of said Section 14,a distance of 895.90 feet to the Point-of-Beginning; thence continue S.01005'25"E., along the aforesaid West line of said Section 14, a distance of 410 feet; thence S.89°23"00"E., a distance of 999.88 feet to a point on the Westerly Right-of-Way line of Old State Road No. 401; thence N.07°32'50"E.,along the aforementioned Westerly Right-of-Way line of Old State Road No. 401, a distance of 41.3 feet; thence N.89°23'00"W.. a distance of 1006.08 feet to the Point-of- Beginning. Containing 0.94 acres, more or less, and being subject to any easements and/or rights-of-way of record. DESCRIPTION: PARCEL THREE (SMALL HOUSE-TRAILER PARK): A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: • PSL:16307:7 • SELLER PAGE 15 OF 16 PURCHASER ' 00/22'05 1.3:55 FAX 13212899861 LAND AIt{ERICA [i1002 :, ;,,,,,.:1;-,..:A4,,,,,,,,.%..',1,7.\,,,,� n ,'...::!...**4 L rt P Coy l4 t P4 -- — RCt6Fr 0-w vt•I r.. uq r1 4t'i 'st e +, Cr I++fu1Tb`JFI.T } w t' t' '''''1,h1744:: [fR�tinM1��CttVr�.r. A. ', yTk/1 ^4 PhWhod far taa..ywe Tiks Cisshuanty Punct,0.4...to, g6awi, Tide insrrulrwht wed DHpersd by, '' i 4G T F --" V Jr xVI0.. l } 1M3tHd �i•4a . ,. ES1Bt. ��' A'r. , t°G R Addrra 482 N. r City Blvd. at ,: +}. n t s+5t{ eyY -t d5" y^.yr y� 4.,,"till Dad ¢TITUTD>sT FBIIG7—M1019 144.42 T.S.) _�'• �1 �Affi ' J t•, w0. • Pm , Meda ail b464d y Oi July fi3.]i' 1) 1p19 , VP 1.1F$¢l F 4,•.4.r.!1 { HUMS*K. C�i1d HpCty L`'. WAIFh ab i t4fi, a ''''711•21,;..u fe s,µr.L{:" . CA fin County a4 EL u:ad .3112"4! la 9 .da . rmmY•T",4mtf sH-.,;,:,,,.. •, r;" "kv‘1 t, Fbhisstt 14., C1x1.1mal natty D. bold, !!B to irtts in rel and sari as , 0.1 1i {,}. ' tenants by t..� ryry� rat{..►}����� 1 ,.y .1 .V, tr,h r ,i '' Yd1,44. pica it 32 mast I ,LVaat 1,z`r kI ,+ Drrear , FL i&i. 326131 .).',,it.: ;."-,,,.,.‘.1,:z.:,t ti ria Couna,of ,Stole eh ,granite. ..,:;1';:".41....•F • l`tnl94d f, 11.4/6orl�O.a.Awf, f gird ote in oowhid �ieo.d Mir so.,411 TM (F.D.00) tL � i30 ' ntMtl}l r" iby .'0.Y;';'::-';,10••••;z4 ' " ^ ,r paid Nwind d l wokio(sis eawrrdo.aibtaa to Anid aOrtk, in hind ;Kiel by taud greohv, tir nrcayt wrmo l.aC ' i eck lash gr anNA, Owryui d Imo mid 4a 1k. wld always. and xa nd pantie& ' ,c end a7ne uilowlaii arer. thy a5iviri i ',f. .' ,t; d o�od n, d*urlw 11 4.1,ens .t9 in Qi..,rard rovn 'ty Fvida. ro•.ti., , . 7, .tb , . a '''A` l LIZ bpi. S u :;:;..',....,-,,,..-4,4-,., f1Jd71IfJdddgdl$ M. .,....'.;,',,,''.'"k, h h '1M tl f a r ,` i k't i4:',...1,.....1. Ca S�lala to euaa11.L1SMx, tT , 'Yti5 Utstthew t ssd- 6at3 n a '.. ct; .��y� LI"'s of 1.d to YUc 1 zcRth txd•ra tfr nt .e CLr'/ tot ,v.c�� ear t t, �."----' Brt eoI[ to taxes far the y 1975 &d n a yam. i 'r^ ed o_h STATS iw--i-LCJFd1Cls11 t ` s ' 0 y�++ r.M "s �t?C�ifFi NtAA7 if/MP ,rax,1 V 1 tar W�'' Pe a� .yJtir '9 i d r4a.tae dte..n Mrokn, F..Ify ..prrpne riw flit, ti mid iced, tr+.3 sriH onfVnd Tho snms a ;:.,,,,,,..„....-1,s a ,.... fir.• p4i.rsl liar ia..ttui eloia.p of olt + {- i'* ` P"G'erlbr"'cert! " t '.t'" an u i,!•/;;;;,-..;.;,,,-' r .' ! 6 i a k Z 4 sad br singi.4ar or p1uw1,Qs eer++.Nt road:ns. a ' JJ,�� "#hsrma Grant°r hos Acorrunoo wl ensria.'..hand o,, t 1 TA..dm and y •'., -N'',',, 't Y^ Mt.k• V }Lor h.s1 nk,wa v.:ifv n. is in healed diatatod in ow ;ripe.,t y } `• "1"---_ ,r ( e41 ir U'i .4} 1: 1.. k_ STATE of riacniA ,,,? t I hl@il£AY CERTI-Y Ow reg fish tiff ewe da, on o4rznir del/ 9WlItWr,1 1e, i0kprwrn o clarovAirets. nerrernnitr pr./.aprid -i5 `rr_ lieroard M 1$2ta1A1 and betty T. td,•',-1, tat rd and -wife, r l 'I I Art': 1C T.tt kn �f+,3+a nNi Warn. d.seribad:n end who .sae.nkd 14.o (aropoin� In,irynshne sand ackirae4lc+,l 'wine nr •lwe , • r ,'t, r i r r ,�,,,ins r�ltfe'norm?. •." �y L �•r k..1,,,;.1?,.,,,..-4.2d;';.', ,;„4 ,,,�i�.. IMM, "I C1 ( Ilei in ?SI CePuntY'gur4 41414 kof a U ;Old ttill (l��e,• tlCf Of 4,0 s?d�',l t• '`r kiy ; f ,.yA� � 7 77:...07;.:;;:i56,4??,;:' y,...,...",..°,1'....11.17,..4,..,"....1 . �� .�— Mo-a.T Pvi,iic rmy, i l t i ,,r5$r ah. 1 7LC,.iO/. I s W. { y,s., :.r 4< . I .3%, ''1F 13 L 1 C • f� r ' tb r,,'t .•r'L i 5''�r r,..}ti . ,.its — .1Ir ctrl,e6f, s� . ._._-....- _ ..-_. , . — - �„ i.,.,,,;75,,. f tic. - .... LI) 9D/22i05 13:54 FAQ 132129958&4 LA;47/AMERICA g1003 . n , 4• w --- "it tit,: 2.,:',„. - •` U .t}r}tz ,',::14 0 :itt, ft h t 411-1%3' ; 4 ' t The following deeeribed real estate in Braysrd County, Ftarida: , •.,;n1,,,...1,-••• `'a'' +'� 1 That pert of the South 6.9O aereo of the North 18.00 soreo of the s , i , Southwest Quarter of the Southwest Quarter of Ssution 14, Township 24 South, 7;t::•:% -c- .1,..".7 a , � ,1„1,:f.,', ' Re.ngr, 37 Meet, suite, tyi'j and being Wast of the West right-of-way of Slaat.t tie. i,t.oed 401 (formerly/mown ra 8tas,a Troon A1A)i etcoeptiag therefrom, hoe/ever. ',''' ,-,'.,:.,•,' ;" laude deeded to bore A. Sumrell by recorded in G1ftiC3ti1 Records Hoole 41. page dated F a+.mlth+ 34. 1059, and page 405, publto records of Brevard • County, Florida.; end being further described ant Begin at a point et tlhd , West line of Sestina 14. Tov ship 24 South, Range 37 Etat, Tallahassee Ma¢idiata, u hien is 770.33 fort Nd R z of the DovthwNae omeritee el tsaid Section 14. Al ;r ttldaaaatSr At1 r�lona*-said West-]int Fran(12aevia0 of Bar " a 'said West line 324.4 fret; thence East, parallel with the North linea of the 4 ' ° il:tweetQuarter of the Sottthweat Quarter of said Section lt, 4891.It@ feet to the - Wein Right-of-way of state Road 401 as preatantly located; thence Southwesterly ` along said Weak right-of-way 234.11 tram! thence West, parallel with the North a; line of said Suuthw4aePt ,Quarter of the 8e thwcet Qtaar1er S50.84 feet to the Point of Beginning. A11 being and lying in rhe 9authweet Quarter of the Eouthweet • Quarter, Sant-or 14. T'd•wneltip 24 South, Range 37 East, Brevard Coity, Flnridffi, and ennmiaing 4.5 acres, mono or lege, except that parcel or tract ocovved to ' I Rose A. Sureraall, said oonveyaa7on being recorded fay Candied Its:seeds Boole 41, n'.. :,: Lathe fib, Ptoblte r*ad-dm at Brervaas-d County, Florida, together with dwa1king t lumen said trmijaw sears t 1.scpid on 16�442 property known as °Hill'',Trailer Court". ALSO, .1 tc-,,._of land hooted is Section 1d, Township 24 South. Mange 37 r',' Eoet, deo r be 1 as follows; Begin at a point on the West Una of said Section 14 ,, i",•,•... wbiem,is 005,03 feet North of the Southwest cornerofsaid Section 1*. tr - ' ere:toured along+void Wept]Sne, And thence run Eeot!1.32.82 feet. more or leen, to the Weet right-of-way Line of Siena Rad 401, AMC!thence run Northerly • ,:• ;;.i.‘,' along said*cat right-cf-vi-sy line of said State Aorta 401 UZ 1/2 feet, 1`23c' per-- ., peadicular tantasureEttedt to a point, which point to the paint of beginning of ti ` the laud herein described: from said point of bal*lnning, and for 4 drat comae, run Northerly along the West right-of-way of Said State Salad 401 a dietehoe apt , ,• 021/2 feet by perpendicular rueaeureraent tow point; ihd'no'e for a tree rsd vou.ror : ` run West 840 feet to a point; thence 8or 4 third cYaaarve rill South 82 1/2 feet y t•t by p'eYpCod'louiar measurement; and thence far a fourth warns rater Boast 1.128.72 feat, more or lees, to the West right-of-way lire on Stats Road 401 to the pint of beginning 4', ° t .1, • y. ALSO the South 5 acres of the North 21.$0 mn • ace : the Southwest Quarter • a`tths of tiles S,:crtathwG®t Qua-I-ter of Section 14, Township 24 Scent:, tiatag 37 Boat. a { y£a z1.; except the Eget 940 f►_et uaeaaured *long tr...Norte tine thereof, of that pert of said ftrop.erty triaich/tate Wcet of Highway 4171, also omoa t that part 4f maid y Fzo1•`rty'arhic•h Bees Etat of Old Highway 401 (mow krnewn ea North Atlanta, Avenue), f. Al-SQ, tka+et past of the South 8.80 bows of the/;art. !8.00 scree of , the Fouth.;est Quarter of the Southwest tlIt.tartar of rection 14, Town/thin 24 nth, Range 37 East, dearribed as follows! Se8•in at the point whir.Ube 'Kehl right-of-way tine of State Road AlA intersects/ the South /ince of maid ;.,,•. user of And; !rota a*ice potat of beginning run the South lime of said tract of Lind 44'eat 125 Poet; thenet Hatt,la 75 fom; thence:Eitat parallel with the r Sot Line o$said tract 135 fact, more cr mite, to the Weat right-of-way line of Stats load A.La tlattrroc run the Waist ri3Ohs•of-Way line of State Road AlA 9tsuthcrly to the point of be•ir:aLng. 4:1 r, At.u=i t S. , tri a t .: r1 t• 's PAGE i- ,�:.. : ' 00/22105 13:54 FAX. 13212099884 LANDAMERICA la 004 1 a • , :. ea Y. the • h� ¢ 4'r .',4L xt 6r'S'!txfi. +,i ' }{ L‘'h 1i tt ; 'r t 'Y') ' 1a3tcA'�'.' r `.t 1 3 ' *S 1 .t r ALSO A tract of land in Section 23. Teas • , ; ataetp 7.� South, Reitge 37 goat, described as follows: 0 4 {A.4�{A Coffittteibeg at the Northwest corner of maid tion 23 and run South oh r`,/'.4,.',1....':',10;i1.'%; ' 5 ' ;' the West boundary line est amid savtian 22, 368 resat In a point; thence run Seat t 1,;r,h 'z:1;Y, parallel with the North liar of add Scchlon 2S, 590 feet to the Northeast corner " 'Eat t ' ` x are• of land od Richard A. and Phyllis C. Bias, as dtaecribed in deed recorded in J a:. Lta „,.',.r.: ry OMilctel Records nook 130, � :` page c"98, which point is the poittt ai l;.cgineing at the , •-„,r,:`•-•-!„,.;;;;.'''`.,}; cat t land herein described; from said 4 t a beataurlrt8 run 2L to the West line of ' ;` e, r: ;i4,''',,;,.4, the right.of.w&y of State Road 401. thence run South along the Wee rilghrwf-way of `' '' : r„`, •, State Asad 441 until a perp )diettlar distance of 164 feat}coon est r erticled, thence { eon West parallel with the North lino of teliec d Section 73 to tbo Southeast corner of ,, i: >� ,,, : land of Richard A, and phyllis C.Sias daiaribed in Official Aeosrde Soak 190. r ,t. ,'i '', Paget •".0b aforesaid. and thence rein North along the Fiat line of said Richard A. _ ` ezut-Phyllia-Le;Siaarpropertrtleacribeiclin 0010111 Records llama 1.10, page 2917 1, aforesaid, 740 Beef to the, point a beginning. ALSO. Lot 10, Shook"D”, FA22iWA7f 5$TAT 1S. acoardtng to the Plat thereof, ma rawarchogi in plat rook 10, page 124, Public Records of Brevard County, Florida. ` A r ,,P 1 AL.30, Part at Iota C and D of"futons Subdiviaian according to Plat of ,,1:"1:"•I''' said aub41v1airatt recorded in flat Book 1, page 22, public Rwoords of Dravrausd , County. ntwieia, Wing ttaeaat ea'Mona Rood 401 (formerly known RD AIA). as follows: Pared No. 1: The South 64 feet of lest C, TUTEN'S SUI;DIVIBION, ueenwdtng td the plat thereof recorded in Plat wok I, page 22, ublto Records of Browsed County, h orida, lying West of State Stead 401, ar,d The North 105 feet of Lot 15, TUTEN'S SUBDIVISION, aeoording to the Flat thereof recorded in Plat}look 1, page 22, Public Records w ds of lireard County. 3,,,-, fl+,rida, lying We of State Road 401 leas and except lands d weribvd in Parma] •'.1•ht ,. No. 2, Parcel 1•1o. 2: A parvel of I,anct lying in Section 14, Township 27 South, 1iange 37 East, Brevard County. Florida, being more particularly dxsortriad as fellows: J A, Conitcbnoa 6t this Wait Quarter cerner of Baia Section 14 and-up South 01Q d5t 2b” 8ast, alaasq the Weet lion oe aao'.id 5e4tiali 14. m dietartoe of 1168.80 feet; .s.;-.,!: f ":':;.',./.'. thence South 800 23' 40"Eget, r dfaatnnco of ass,8.ri feet to the Point of beginning: .: thence continuo south 99°23' 00"1!'aat, a distance of 1130.20 feet to a paint on the tVc3terly right-of-tvsy line c?1'Old Suits Road No.. 401; thanes North 070 37' 50" East, el.mng the elsoreniendoned Westerly right-of-wcy liar,of Old Stan: ke,aet ?•- No. 401, AL diata,s,oe of 137,47 feet; 'thence North 85']I' 46" Wret, a div t/i ce of 172.1 feasts th=+ate Saut1Y 44° 50' 08e Wast, a iia' , a_< .once oi'1Gt3,'Ti71 beet w tlas ., r: Point of Sege/ming 4.41 fieres, more or less, find being eubj -t tri nay ease:nom* ,;; r =dim.rights-of-way of ra ord• v 5 ' hl.,5,Ct. That portion o:theiollawrtrtg described land lying bloat of state E y'-[i':, head 401 (formerly known as ALAI; c, F t r,_' Th:s North 180 facet of alts South 221 feet of Let 17, Tuten_v Subdivision, �;' f: *meet ding to the fiat thereOf recorded in P1tt sic I, at pago 'Gt. of t i rttblieY heCO2ia of 19revard Comity, Florida, Lp55 ANN EXCEPT that certaar; t a, '-'4:„.`,./,`.4'.•;•-'1,Hproperty drefter11ov! in deed r dad ih O:K1.r_iil Ra- r,ha Bonk 857, page 10.3, s Y of the Public Deooreis Qf Srivasd4`t�UtiTy, e"T]Ot•t¢$. °ti r[ x+ ✓ 4 { , 90 J4. p {-�S .{���3 •fi@ � ;, 'lk 'yir C ' v- d[{{ 06 V PACE 24 a;` U9/22/05 13:54 R4$ 13212898884 LANDAMERICA 07008 -3 • - r 'i lkS�tt. t t � C U L HIPC v y ,sY xr i `Y�r OhE K.cln[LnY OLLRf r t, r t a 4 r'1..4. 1 6Y..Wvo Wta61 0+te*aniy Pvnd, Or4an 4w Pbcmiia ���•"eov r r, q,- pn... d . �,1..,,t - p. rwtletvanorr"t.r,d. yy .,;. r, l�`` k„y . ISrsttre�r 2:nai. 4 N. �1vd. yr`•'• +ddrnr :11,1'1',,,:i. ittr i;, ' I (TA1VToiir Mb—5tilrolk al .Cil Y.4.) ble.11.12Surnat rietr14a, 325,36 vt 4[ ism• WI . Mui�Y dr ' i4 r7uly I/ 1979 F Ort 1 ' f 1 1 '41"1,1',.5,:.'• Ze$i6sy T. Rksxt1 :• . tt' 7 ed Pk* ce Gfi WW1" Y t 1x !"�'r 747:I Batty �S �`atww l as Tr o in tavat.• hated E--1'5-�79 r .tf ; ,,. t"�:1/4t r'"'a F� t.:t.: and authority�F .r..���,S�'d - I to Q�i�.�.• r or .:vcy,iri� 4 f"� } i Jyy Vetisfarty ay�,�.�,�_� 1 e. iF Y 1 , qt}".'c n a u j F a6 "ri ro 32 Mutt PRti�t.,trinu t, •tvri ?`,"�',f t ,•` of dp .eq'4 Sid Cocoa tasach, T7s�3 1031, . pntaryw, Y ;'• q4 • 1r L ?Mettler*. The said tam,.A*grid le aar+4daraMor of Ph*watt of (S10.014-1,41_1112,1,00--,-.— -..,,,,,i•-••• Men _- ;?`, and04Nr mod and ra4rati✓io aceliatnatioas toInaw i.t herd Ill MAI an>% +, 6.1e,Yerip4 wha.N.4 h slParlkay , ,,,^ at" v4.,4 Yr,rima a iwd 4044 1. the 4a54Ed Praeewo, and praRlpa't 6An mad anions dmralan, rfw fs�hb•4.ty t' ra,;,'''''.4'...-' >i�9PNmrcd r.awey, Fia.ida, 49,44 �ttI:S , Ice'. 't a, 4 t�¢7 NiT�iRlit l tilt? (gat) i..ra+r a.sr in are tothemai Ell t''tr ttiilliiIlil(Ilie daeceeitmd me twhLluit. 'A' ghat s i*i ..r,•'4"..,-4; Sµ in , ( 5 l!i „g�1 "''"'d .moi to na lit. s f z turlatj, ons r tionue and C9�1te t � f rk ,,;' LL col rmnntrll ant to applicable Sertisnj c r'dira w T - . � 1Irr ' jEWL tQ bart loan 137' WO Ott years.l ,!>,y,,.. • ', .4,s11`!...1;','1'''''"...7-7, r l "4Grantor herein warrants aaatt repreise'r_ea that neither aha nor party marker z her fanny reside wan said gaayrsrty, and that said pmry peris net y4 � •r , C .,CI prepa7rty as disanird tatdcr Flori.3a C ati'tution 1568, Article X. „•,..t•: �'� ate '.'fn ,r ti` t ,Mi k+a ctc.ra I*0t8h k.iiy 44..,-... fiwa s 4r said tend, awd wiW 444..4 th.. wM ogaiMt Na. b,+ful slainr Cf Jr! •..- -', 6 1! �. F i L�P+,Vr" and `an:ambeer *NI OA&for Vw(Iiila/'M pivfor, el G6AYld rii r r "11 � ; ',`,` � ��s ,er i, Gmnror foil iwraunto um premelt bawd er,d µgr r1,r chip and poor Rtr1 tams,* ...+r4rn% a..6 akCwQ+•d in ofii. war pfPrRlKa, . ° `,__ T. a r ..�r ,�. Q`J t at ti ---- --.+.- — 1.sW1�` p �6� Y"�ATE c� RI�7 i k1, t • _ Ag —v o r GCitnut .-IF-Ti r fSr,l t t r"�'° ,, w _girt+ 1 r 4 .�,yt ',...?..:;',,,..,:,.....:,,,,,,,,.„1.. t' : ,I 1't'-.1015,1,,r 14„,t,pn rkaa dee, :...4t.. ny. aR r4rfae� ...—GAwr tr. 1.L.. 4 i + '`.,, e4P T. t .ef �Y 'w�h.'Igr.«rr.. b+r"'+v,ew owp�cr*at,. 7 �,Y , ... ,. 11411 -ha Ow Orr.. 0iai44''�/dd in and .riia .a kt : ' Rw tong. ttcurtd Fi» hx ny inst.-ow-ant srrd acE m:rt�6pr$ bi1CrV rhs tlacl I' ���1 ����) r��� /` _ _:,0`...f-... --'(�, •i;:;.-:.•�I'' itt'A 1 'a, Ow CyKattr oni JN'. Mr1 arrsaW .t +V le4Y i July .:i 4 6AT•' "- r. Fxkiit. SiAt.eS Riad. •i!'„h Mr Ahab e•.r.�goy 1,3 1}.,' yy�y�i "J. i34;� . ....1�e• 0.wes,--....../.., . lZ9+19i! ry ',',.'"'"'•':' s' r i..,•„ t ...µy Ir a,._.•,C..,..r. `.. ;P-i's PA E 143 . 1- , r f S 4 on aJwoo/vII 09/22/05_1,3,44 FA1 10212899834,,, , LEINDAMERICA 17008 • vy + J-, .toNy }!i 1C4 ar rr _ �I +. ,,,4 r ''!1 : ' w ri, ' r $k #Y ' y i 'it . ,,,,..-3:0:;`,!','="Y,..''''':.''; %, •r +• -, - '>"..Qryrr-",-,.., 4A?.y,Gitf4-,,are ., 4 . t 'ref __.._._ . ,FtL .r( • ''.,u + yF' 't e. ' }H 1 11 "tTj 11X41:3Y," i I (''. rt'r 1 ;;;t ii' The folloWlratj described real estate in Brevard County, Florida! ::$';•:,',,.`•'...',.',:-.'"Y 1 That part of the South 61.80 aerau of the north 18.80 ncreas of the r "•4Southwest Quarter of the Southwest Quarter orLSctuen 14, Toarnehip "ad South, Y' r il��, _ hangs 31 li•Seat, *anter, 1yi.+g and !.,tang Went of the Went right-of-way QS'Stats , ••••,,. .1....n , ' Rood 401 :formerly knowse 41,&tate Read AtA): ,excepting therefrom, however. ' `rt '?"' k1'! u lands dotsded Lc hose A. Suroraall by deed dars ex 2 eSeptemb4, 1899. end • + ,,,, e,. "'4 r ,-r i i reds9rdatd in Official$scorch Book sl. pager at*. pu)li.e r+aco�-cu east County, Florida. and being further described ar: .S ,6i en eta point on aha •"' •j' Wen line of Sentlote 14, Township 24 South, Range 37 least, 7allrlsaseea Meridians, which ie 770,09 feast North a the Southwest corner of said Section l4, as tr weanure+d.elczog amid toot liras. From the hint of Se ., Beginning run hia!'L!i Gloag t said /feet tine 'fat 4 feet• tri.$Jkt`.AjltaLwifirtbaK Crrt1a 7fa•-4f}--the __.. r +, ad ,, Southwest Quarter of the Sot,tthwoef Quarter of said Sentiaa 14, 886.65 fret too the r Went Rig ht el-way of State Road 441 an prearsatly located; thane* Southwesterly `...r..;•::.''.'-.1' along hold toe®t right- -'a y 220.11 feet; thence Went, paaraUel with the North - lino of said$outhwent Quarter of the Southwest Quarter 858.86 feet tc, the Faint ti ' of St/ginning. All being anel lying in the Soot/west Quarter of the Southwest a hangs caua.retr, Se tion 14, Township 2l Stun, 37 Fi.aet, Brevard County„Florida, •'n ' said tem/mining 4.5 acres, more or lege, exr,.,s t that y ,r.i s B p parer:or fiasco conveyed to • Rog.A. auroral1. said aweysnce being r?rorded in Official Records beak ll, „+ , pegs 445. publio rnvorda of Brevard County. Florida_ together with dwelling „"'t h hauoe and trailer court located on skid ereperry known a,s "Bill's Trailer Court". `.1.,.,-.,' sl + ALSO, A tract of land looted ie Sassoon 1@, 3`nwa,ehtp 24 South, 'lenge 37 ,' s ': Bast, described as knave:, likef;iaa ata point an 11111.wdatk line of said Secd.on 14, r which is 605.03 tract ldaxth of tiro Southwea+t corner cr said Section 14, en {., measured slang maid Want line, anti thence run East 882.12 feet, more or leas. to the West right-of-way lima o stats Read 101. and thence rine Northerly alc,rig esanid Watt righht-of-•way line of eaid SCmW Road 101 E2 1;2 feet, by per- e` pvndicular measuretaarat to a point, which point 10 the pout!of•begi.nntng of k, the lend herein described- from said point of beginning, surd for.,first aaraw a ..:•34:;,0, ,, roan Northerly along the VAe t right-of-way of sal State Ro+d distends 403 distendsWt a' ),t0 62 l/2 Sect by perpendicular rasassaazremto a�ra(epoint: thence far a aaeond=urge 4,' run West(140 feet to a pcz.att: thenar far a third course run $+out1t 532 112 feet t by lsergertdletelar metaaurament; end thence fora fourth avmri.e run East •', 'nil.' ¢ 626.7:;feet, rooresa .or less, to the went right-of-v, line on,fli.atao load 601 ^ ' b to the point of beginning, �' ' l ALSO the South. 3 Berea of the Not th 2.1.ti?arreo et the South welt Quarter a r or the southwest Quarter of Section 14, Townehip 24 South, Range 37 Eedt, s js1 `,, ,> 16.)1 eclat the neat 1340 tees measured elosg the north line thereof, of that part s s " " of:cold grop.trty wiaieya airs West oat Atgt,wey Fal. u.1oo except that part of sat 1 }F • prepperty whim limo inset of Old 5•Yigbway 4®I (now known ce North Atientie os Avenue). k• ,' *M-1' ,r,, t ,w ;' r { /140, that part o2 tete :outs tr.00 Ernie or the Nara$ I!.Ro'torreo or a the Southwest Quarter cf the Sou thsrraat 1.4Laa,rtvr vt'a•ee ie.1 14, 't'owrnehip 24 ,r South, Range 97 East. deacribcd dor :allows: Begin et the }�a:nt where the i tXp, 'Weide rigor!-of-coin• lime of State Racal ALA interaeste the South hate of Bahl t4••:`11.,'..1.4T.,, tract of land; lrom bail point of beginning run the South line of aa-id tract r w. a lu d Well 125 fete!; thence:North 15 reset; Viands 2ac1 par211ei with the r'1''i'a ,. South Britt of said tract 125 feet, more or ta:ag to the k`eat ri yt ghC of way line at of State Mod Aid,; thence ruin the Went right-ef-wrap lint at$tate toad , ALA Southerly to the v- int of beginning. • ?' 311€ n 1.111 Va./VI/V„„ 09/22:05 13;f:05 FAX 13212099884 LAND4MER1CA fhO07 +} ,, Rlftf, i t•3,r,�.,a l..'4i ..,.f'.fiJ a5.._ ;.,"J''n6{rrN _ a{H+ ftlY' y )frI� :i...-`..;':r:04"; ' - + aa. H + ALSO, A tract of land in Section,23, Towaeltip 24 South. Rdngs 37 „ , East, deeerlbred an folltl+lte9 • • Cameroon=at U 29ox thweet corner of exald Section 23 and run South on ., ter torr West bnunda- lino of said Section23, 30b feet W a point; thence run Ea®t t-d� plural/el with the 1,Z0rth 1.in•m clf amid Sadden 23, 530 feet to ttsir trortheaat corner at laud of/lithe-Tel A. And Phyllis C, S,iae, as described 1n deed recorded in '..:.!,-%', -;•;:i• t'; t 44,S J {, a • ,6 t; official Eimoordae hook 130, page 3110, ,,,ti,:h Froin is Uma point of beginning of the ,:i.;;,`,, err,,r ,-• } + ..W„9 hw.rda described; fsorzi said point of txginning run est t4 the ive¢t lino of yt Y ' the right-of-way of Stew Road 401. thane®run South slang the West right-of-way o �l• d;it ,'.. state R.t+aci 401 until a perpendicular dieLnnce of I&0 feet had aaen reached; thence •,:".14-C.,;',.. "`' c; pun West p:mines! will!the North lane of amid So-criae 23 to ilia Southeast tomes,of • land of Riche-et! A. and ?hy'11ia C. Situ deaasribn•tl in Official l caarda ffibola 130, , 4,-.-,- j Y` page 230 est'areueid, end thanes runs North along the Last line of said Richard A. end Ph 11ievt. al er s ;, y jsrxs ty= Cllba�t�x @[ftciRa�nS'ti�tia5le 78II;p3g�7t8f „ < r`';',' aureolaid, 180 feet to tim point of beginning. ' ALSO, Lot 10, Black "D", 1'AIRWAY ESTATES, accordipg to the plat thereaf, as recorded in Plat Bock 19, page 129, Public Mecca-dm of 1'lrevard County, ,, ,d, ', 1., Florida, ' t V: ALSO, Part of Late C and 1,1 of Tuter,a Subdivision aoenrcfing to Pict of ''` aairl istrbdiv1sion recorded i1 Plat Bock 1, page 22, 1 } ,1 ul p g public records of Brevard ,} ,t County, Florida. lying Weer of Stnva Road 401 (formerly kAtlun5 IA AlA), as ' r v r ` follows: }r„ li Parcel,I4r. 1; The South 99 last of Lot C, TUTEN'S 9USTli'VISlU1d, according aara to to the plat thereof r000rdad in Plot bowl, 1, page 22, Fubtic:Meocardii of Brevard . , County, Florida, lying Vent of State'Road 401. Ly c1 .'; ; +,4 The North 185 feet of Lot D, '11.171,1'S StiBL�xt'ISION, AOaording to the ;:ii. :;,-',•n,' �+ Plat thet+eof recorded in Float Book 1, Fags 22, Public Rcoordo of?8rmvard County. ,t i".:':':,,,,::',, 1,", Florida, lylog West or State Road 401 leas and except lands described in Parcel �•` �cat ,:� No. 2. • ,, ,a Sresl No, 2: A parcel of land lying in Section 14, Township 24 South. P.iicee a ' . 37 Earn, Bra and County. Florida. being mare particularly descrfibed ea follows: " t 's r t,. Commence ut flies Weil Q'anrtfrr coxhrr of maid Sdc Lion 14 and run South +a.l r.4'' 01° 05' 25" r..rsst, /bong the West lina of maid Section 14, a birotux oa,5f 604.90 fent; .} + h ; Choose South 884 7.29 00"E.w41, a distance of ae5.$G feet to the Point of Elea-inning; • ;s;;.'. I , thy::•*ca:atinue South Edit' 73' 00,,East, a diotonte of 169.20 font to s point on tai' ::C",.1,4,.AJ ;v,;s, Wester,V right-zsf-way lino of Oid slats Road No. 401; shot-ice North 07° 32' 50" r :atilt, along the aforement1oned Wear. rly right-of-wary line of Old State Road % ,' No_ d01, a.distance of 97.47 feet; thence North 35° R' 46" Waat, a ctiatan°c of 173.1 feet; thence 5f+uih bot' 58' D$" Wlgt, a dnratrencg of 00.91 foot to !ha , ' ..; Poi.at cS 9eginning 0.+11 acacia, more or 1_-se, and being subject to any ,eaaaeementn • a a" ansd f or a-lahta-of-'Ir of roto rd. 7! a e, fit,, ALSO That portion of The following dracri bed lured lying Wert ct S:els t• a(CT.. : kaad 4911 ifortnee'ly knoseh kti AlA4j_ A s,.,": ';,• ;`'.:,:i..,::',':-.idThe North 197 foot of the South 221 tout ai x,oi 4, Tuterni ,4ubdlvlefon_ ,;;• .11,."1. d�CCflrding to the Fiat thereof recorded in Plat Boot 1, at page 22, of the F Public Recorder of Brevard Coue.ty, Florida, LEGS AND EXCEPT that certain - 1 : °•i.' to property described in said lac,tpdad 1n 4fflo3 i P.t d4 Soak 887, past 4.30" ,, ;: of the Public Recordo of Brevard County. Florida. ' ,, •, ' t ..a"r 1:',1'2:088 .1"t�? �, - �1 ,stir. 0 111111111111111111111111.1111111. ri .l. liti VVV f V 1 I 09/22/05 13:55 FAQ 13212090664 LANDA.MERICA MODS jJ 4 i[ t tY 5 .. .... 'i - � s Fr ;',..,',,n-',.':!":4i; a.ua4!, _ a_. +"�wrgnityp4:� d7RF4. s '„ K �.:'•;‘','',;:`,k"- 11 • ,e.....1,..." Y r Ire x ..`.^,:0.1;';.1::'," Artnnd for mro' T7 wryseta Dwn+Awrt, iarrred. dkrbreda, Ronda t1,at •lali+ttmtent was p►tpartfd bte e !' µo,.Dale A l Del fid, r ' + Awldrril 1.1/ �- .....M . a *lit..i.',. ` t 11« 3 ,4 (STATUTORY F3MM-SECTION 49i,G2 N.) rsesi , r .- +.14 '..',,':,•'.•. • ,: ti R•t..,J� kid 3taa , Malls ilii W "'..I or Y Y71 7g • ^`^.o,itrfet Y . t i t J ,nit T '1'30.. .,y,,,,,,,:). PlarrAct rf a�f lea Cow atr of vard sko-4A e f rice-ids eo..rod J' ar ' IkhansilFL tea'. in Hal capacity aa 'Innate*, os ILIA stoves4otr8 331 t^uat, 2/ fl' , 7a1 ' t 1 fi zF with faU end it ' to �vtk t and c> at a to ka43.Lr lease, wil r=te '''" 01. ., r 1 '• cii of !Etta y kates uk , 1 ,,, „.`{,+i +sate,pond office Iron r4 32 Matt BD.int Dri'VE+ p� �Q Oscan ?b. da., 32931 1111 c .. ° % 04 the Cournry a .Suitt.of FL�Cic4it lie ''',...,',T"'"';.• I! 3 '.1-'!•'•;".7'•''''''';'' i1E19'� t naeu �sd sn ewh 1e9 6 104 ) IrFid ii0/7.C7 ��` { y ' t -c--)tl mad pranegr In hand _... 0 Ory •t�•' 4 J ; mak ours, spoil Mei rek.414, nvr.audrrution, In sltid pard by Wil vrunkte. that vols ?' '�1 ,/ c . 1.rowlsalood. has premed, bdr vend and said fp the esid conen4w. v,ad Qrmntrz't hales nsni atsdyni dneanon, , •"i~„ r. z . .isoniterd lord, dismay*,Wo and b,NI in Eiymani [Pant'. Floidla, ,n7W1/ 11I" :, 1 i f , An undivided f1 c t50%) Pmt ,t interact in and to that reel o 1 itr r property 1 lbed c Fstibit "A" utt m3 ier..-ato: R If. <RI:t' k+c cJ' at +�s a 1 ;t + k i' aI gUb 01t tt condil:iun rest P i J• 1i"h�'t$4fi$r 2'�r�i'4*z3C.�iM.S .3Ya3 �� ��'r of remd and to arplicab1e zoning ttreuzatim.Na. Sttlxjea,t to t.tESCL.43 ler the yror 1979 airs Su q errt yias's. r.i . ±ra 'Lha Grantor herein waxrents attd represents that noithor she =IT any member ..,.. .v ,''' of her familymica. uQa p 6 aid prapetty, anal that said property is not a ' -c homestead prolieaty as defined under F2orSida Con titutatrn 196A, Article 'XC, Section 4. F • { 3 r s and sold groMar dans f...,y /ally rrarrarrt the milt la fetid hind, and *110 donna( eai sans. 'against the tuyrfu) da Hite al all t ° ' P aaM Wesiabkrnw. • 1 *'1prn1117ea mad"graniko"mn ural las sih®.r{Sr or 0..91, Oe ea.bikt ra4/4,41d. + , , 4ea €iartrof, GJ4Jntor iwff hers.^!. vl + y QfOr+kO�f 1W,1{{VrNd x'vt It>7 Joy end Yltar it eft�bir4i •+tkrtlM. � I t fJ r i - • ti>AEdO[$in aur �FfeaaO, ' r1 atjifj _. si ' t ..dt rr+ �.y..d • Eiweescci C4. a3 +]d i&Y°n _ 1 ,_ k. X. ....4.-- .f. i•s^F ril+, _ 1ei_ 7r r y"Y4f 1t.Yt. �Y; 19eat) :1:,:+'.:::c.: ati;'wa.1 ra4 v L4-. Tr:— - iSualt ., rt',' "" ffJi.fl dJ�S11 '.� iso.) l7sun + a51 OF COUNTY t.* - lltitEcf dyq!*adary rre, an airless* dU4/ p4a10,e4 Ta rule ods Jws+eladgn>errNs. gin rLINO l00r a¢alte*ltd de, x Jt J - r He. C41:41.1.4 .` 1 to V•4nwarti tsD{ap t¢R 0 M dotgr.6 d en drxi whp estKoos nia It,raycurq ir:si,,,rnenl 4nr1 oar. ti 1 :c.'', ',',te►njh�Iirlin'�r','4 41 n.lo•'la.d L,od.,w Pa, et.�, - + al } 1,1 t ars ate'044Cipl e4,01 in that Cnurrty ahf S4o1a, Intl Oh}-k id I ,I ens el ,hay :,1 1 ,, f ..,,,,:z.,,.... F ,�, a ryL '...i",'-.,!",'.'it ,:,1:-...i. "4'Slats re<f�aJicn&�t tAh;.: :ii! '44.t.- WY -. ' 04 [p!p,iiiswes iJk+lmi iJlt Z$, D 4 4"'"''''''''''..,,.a r G�'sn_ t•dafery hTrifr4 } .4 .r. ^•ale`• .-�'' a t �, ', •.• � a.}'• ''X* ir,",1 F8 ,'.r.E I4.ti :.is, .5r,; j ., a n ,F t? 09/22/05 13:55 FAX 13212699884 LANDAMERICA. MJ009 . , I44, ii : • i, , r',;':/:*;. 1 fiP. 41 1,' L.n r f .r t rt. ' r,; f , 7:4 ,:: a , a r 1 i .0 7 ,sr ` ' .>'ol',"rf'r`t nal"� { �,. i l ,. x :".A.::,'" 1 \t tY ,i 1 V c',,.''AK 7' t f +1n.tdly;."7f �. 7 �f4•.P EXHIBIT'IAL" r, she follawitlg deeeribod real rotate in Bre.erd County. Florida: kvrr r That port at nth South 8,80 mere of the North 1B.B0&brae or the `. .-,,' Southwest Quarter of the Sauthwaat Quarter of Section 14, Township 21 hath. 3 1.Si• Range 87$67$t, suite, lying lett#being'West aflat*Weat right-of-way of State { ` " 3,,' Road 901 (formerly known se Mata kf atx,d ALA]; excepting therefrom, however, ,,4 1`�4 lands deeded to Rouse A. Sutural] by deed dated September 22,1®S8, and ,ti, r retzrcted 113 Official Records Book 31, page 985, public rerarda of Br vard 1),...',' t K COura Florida; and being'further dteset+rilhad ate: 8a �''• 1rUn At d point bo the • . `sc West line of o ion 14, 7awaahip 24 Booth. Range 37 Heat., 1"al]1ahleaee Meridian,i t wlatets tee 770.03 feet North of the Southwest corner of said Section 34. *a r n n maaburg- ed wleras - ., . . , , -•., :.Ruth arum North thabg mead west Iiise 224.4 feet; thence.P.ngt, parallel with the North 7ixie of the ik • ;z Southwest Quarter of the Southwest quarter of eiid Section 14, 61;0,64 feet to the r Weat Right-aa-way of state Road 401 ata presently located; 'thence Southveitarly t. ';"• along said Weet right-of-wic 220,11 fact; thence West, parallel with the North "'' line a.nai4 Southwest Quarter of the Southwe&t Quarter 886.86 Teat to the Point w: ,' , x , iti` at'Beginning. All being and lying in th*Fsontlzwe t Quarter of the Southwest .. . ;,,14...: Que-tiett', Section 14, Townahip 24 Mouth, Range 27 taut, Brevard County, f`lorida, t !, And containing 4.5 acres, mare ow home, except that pa±-- i or tract conveyed to a,; •Y lioeee A. au*msall, este] conveyance being rewarded in 01Txciel Records/look 41, ` PsCo 418.5., public rotelde of 19revurd County, Florida• together with dwelling '4, • '4:•..,i',"ts''' hoot,& end trailer°our!/heated on Beit/,property liovwn au "Bill's Tr.,:ier Court"• •,.-.:,•!-':•.,.4- ,. ALSO, A tract at land t,scated in Section le], Tawnehip 2i South, R - c 37 h 7 5 Eeest, described as follows: Be -ain at a g5e?117t on the Weat lino of 9,rld Faaet1An 14, ;11'.• " which ill BU5_03 reet r7orth of the Southwest corner of said Section 34, es m,eaaast>.red talon/*mid Wast lino, and thence run East 892.42 feet, more or/eats, rpt ,:� t the West right-of-way line of Stater Road 401, end thenen run Northerly along said West right-of-way line of said I'3tato l odd del 8z 1/2 feet, by per- i,1;,,. .,,•.4.10,".:',',':i';,:',"'',3-' gent@fatsier measurement to a point, which paint ata the pednt of beginning of the land herein described: from said point of beginning, end for a firat caursa, F :1..;,:,,,,, run Nciriberly along the W*at riebt•ee.way of ea.id Spate Road 401 a distance of 3.,1 5,': 82 1f2 tact by perp iicv7,w uaavaourement lh a�,t; theriee fora second erour ", rtes West doll test to a point; thence For a third course runt South 62 1/2 feet i" by pert endieular-inesaurerneiit; and thence for as fourth courser run East ' edit,72 feet, mare or least, to the West right-Of-way bine ori Stale Road 991 to the rellta of tsrgianing. .,y. ALSO the Saush 6 total of the North El.80 scree of the Southwest Quarter µ,r of the Southmeat Quarter of tieetion 14, Township 24 outla, Marga 97 Elul, .' s- htxNS except the Lest 849 feet measured along the North lino thereof, of that part ' a*hid rtra u-ty'/glitch lies West of Iighway 4D/, oleo except that part of anis `° property whActb lima East of Oad Highway 401 (now known Be North Atlantic ;_'•.` tti Avenue). 'L3Ci, that wart art Che•Ea,•t17 8,89&area of the bort;4 16,6o as_res of -,:• ,...,:h. the &nuthweet quer ter of the Southwest Quarter of Section. 14, Towr,ehip 24 »• South. Rain, 37>rs.t, described ea tmliawu: begin at the paint ,v here the z Wier'l(ghtn&-limy Bate or State Road RMA interaeota the S uth lint of maid i' tract of land; from *aid paint c+t beginning run the South line of maid tract i of land /&elft 125 feet; thence North 75 fest: thebre East p,drrilel with the South line of staid Ii. t 123 feet, more ar loge, to the tit t right-of-way lino ` of Mate Rusted MA,; ',hared rug, that Wept rleht-d-way lint of St-ata Road .1";,01••:••." .5.1A Soothe-sly to the point of beginning. •ti to .etH.. i tliti'991,R ostr 1:1^, -- 0 t4/ 2,'G3____L1t55 FAX 13212699884 LANDAMERICA 1]010 1tRT ' - 1 .alta try sk 91"1`ra • 5 F'4a: I? xC_t a „, 1 a,rt�N fl,,y r j yr ti " "1 of CtV alt .,4 "e5 e yx Px.��tiN4 R, -- klt 4F.t t�fta4 1 1i",1 ,. Y1 3 y 11 t 1.•''''4...,','1".:I: l .yt;''t• ,rw ,. ; ,fir" ALSO, A track Of land la Section 23. Township 24 8ou4t:, Binge 37 . l,�,e;i ,, East, described ram foil+ m: '.',';'14'n,,'.•'„,,,11.,; , ri, ti„ Commence at the Northwest corner or said t•ection 23 and rust South on the West boundary line or/aid Section 23, 338 fast to a point thence roc Ero.et " y. part.11ee1 with tie North tine Of caid Seetina'F 23, 590 feet to the Northenet earner :. :',"'1:':";.'',:.:.':.K4..a!'„'' of land of Richard A. and Phyin's C. Sita, sa doerrz1r d 10 dmaed rstcordad ig ! _''' a.p. t; C:l,.k fly# Official,l ocorda Dank 130, nage 990, which paint is the paha of beginning of the M ,4jik: /arid`tirreiri dicriba £rocs Aid mint cri 1.eginnitag run Raaf to the%Vest tine of ice `.},;:`. the right-of-way of Siete Hood 491. thence run South.along tbst Went right-of-way of r-*V•14a, State Road 401 until a perpe:ttdiCuler dietanee a ISA feet has been reached; thence i " j: rust Welt parallel with the North line ear maid Section 2N to the Southeast corner of k,�. t lased of Richard A. and Phyilat C, Sits deeerined in OrriciAl Placards Brisk 1941, • ". :,a;"; page 290 aforesaid, land themes,run North.long ih.�Runt lisle of said Rlebard A. AMd-Phyllis-� tie-tis`ciparty-dercrrcbed34 R�Reeax`dtri3o 11143. page-i0. "c',�y� Vii` utareaadd. 100 feet to the pclnt rat beginning. Y n 7YFALSO, Lot 10, Block"DP', FAIRWAY ESTATeS, a4oerc3ing t9 Liao Flet ther®vt, 4 ' V y .. eV reoarded las Plat Book 18, page1�4, public •ecorde of 13reverd County, • ••-,...A.,..,..'flu Florida. cl .. w` i ". ALSO. Part of Latai C end fi[if Tutena 5uAtllVic;lolt acLording to Plat of . t„# said tautaa3ivSmivra rae9ed in flat l�cok 1, page 22, public records of Brevard ` tr • County, Florida, lying West of State Ftotad 401 (formerly known as AlA). ser et., y, ,4 .4.4,x. t}fit follows: '1.' ;: � ' { Farce)Y'14. I: The South 6s feet of Lot r, TUTi;N's SUBDIVISION, according • Y., ;, •in. to the plat thereof recorded in Plat Book 7, page 22, Public Rsecorde of Brevard n?II104,rti� C.. County, Florida, lying Welt of State Road 401, and err- r4 ; ' o f The worth 18.9 feet of Lot D. TUT1:N'S SIJ&1�1t.+1f1DN, according to the '• '. ';t,,,',:;-•''.1;,'(..,i'., flat th9Y-aof rteairded III Plat Book I. page 22. Public_Recmrde of Brevard County, 5, ru Florida, lying Went of State Road 401 less and except lands described in Parcel • N . 2e ,7 seg u-. }q Parcel Pio. 2; A pared cif land lying in Section 14, Township 24 gouda. Rang: t 1t : r' 37 Baum, Brevard surety. noel*, being mare particularly deaerlbed as ftaLPwW: , <. b1•4,Y)' .., ,c..,y;^;er ' Commence at the Went Quarter corner of said Sec-tion 14 and run South •-t14 t. " East,Ole e5' 25ast, cefs hthe'West line of said Section 14, a distance cf e83.90 feet; '11114;:.,"1,:..4•7:.; eto thence South 096 23' 00" teat, a distance of 8G5.85 fact to the Paint of gag-inning; ,•f` :t' ...p;•:•(•,';.,•‘,1 thence continue South 9,40 23' 00" gala. a dia.ta-ier cf 189.29 feet*o a point en the "' Westerly rights-of-way line of tjid $tate/toad No. 401; thence North 070 92• SO" t yi East, along the aforementioned Waverly right-of.tiY..y line of 01t1 State Fined v..!1,;:. J.,-;:‘ No, 401. a dietastce of 97.47 feet; thence North a 'A' 48" Wein, a distance of .. 173.1 feet; thence South 04a 58' 08" Wcst, a di9terice of 109.71 feet to the T' '$_'''" Yh Point of Beginning 0.41 'keret, more or leer®, ar,J ^ cta being subject to any cvtran ...'"..,$',;141.1.',44,i"" isV{^,''g, and/or righta-of-way of record, V*,` 4' ALSO That portion of the following described land l' ng West a:State „ `,i4:1! Road 401 Uar-nierly known as AMA), , 4.44FFThe >4tertb 140 feet hl the South 291 fact of Let ID, ?uetn9 SubdiviesitSn, • ,. accaras ng to ;.`,e Plr; thereat rw^orded in,Plot Ilrsok 1, at page 22, of thxr Pi:X.,',11?,1,1 Public Record8 or Brev>ara Ccunty, Florida, LESS ANIS EXCEPT the!: ceratin , §i Plie•A• Property described in deed recorded in O y:lel Records Book 067, page 103, ' t, 'i..!..1.14.4,0: ar tha Public Rteo.rde of Brevard County, ll'leridz. r -;•••:•";,:':'1.,'° a ;41Yk ytf--....:,":-..1%;::-,'?!. 41: qy, t . - r ret 4 :IV,: . t ,. ? OPh• -'+ 1 �'• ;1:,,=yv. e" 'Et.2US5 Pu: 14S 1 09/22/05 133;56 FU 19212688884 LANDAMERICA Z011 titgriil1.JGJ.i.j:v_ii:c:�: 7•- G•• '•1f'•J•:' .J':: (': ' , 'h ' . ,L__•:40„:44:101 T " t`+% • 1 el Ili._? ' is:4-1.,1j-,..1!.'167:.fp..00-7- #. , ¢91f LlA r . . ' p • W ' riRANTO[L'' *Alma W. =umlaut'end H,.= MD= ( _ • I. ' • • C,RA rni aik6 trOnBi_ COULD .and BBTTY T. 130177.0 �'. •' • GRiCN77...5'5 tA1T.INeAliGR F' 33-11,,i6 -brine --- rj'• -VO 5. .. Cocoa Beach; Florida 92937, J i•. . •. . • . ' IDA-rt: Apit 1 ., 1966 • LEGA:D1; 0117110N OF PROPERTY 1.oc c Wm t"1 . Dr&v'era C0liN1Y.FLORIDA: ' A paSoaCl of land lying in Election 14 Townahi.P 24 mirath, fwagte. • • 37 East r gzewaX4 t:rytt2tty, arlorid.3, being mare pertienlarky • • dcacrL 3 at( £611042' , • • rztan®n>ga a(t P.M West 1f4 carnxr rr said SackLt to 14 rind ran S., Q160'2 " 3., 411027.3 that Wait line of said $cation 1.4, a distHnae e.i 6E0,00 fait; thence S. 89.23'00" G., a distance of. 665.65'feet ' to the POS.nt..ef•-begisinsng; thence continua G. 99°22'007 N.. ai . RR distance of 169.20 feet tr, A paint on the weetetly Right-of-Way roof �SoeaGo. thanes b , bues srcindacstesLYKight aE- lino afcld �s�nss0 • • • 46),„ a'aL5C.szaaat Of 9,9.49 fest: -thence 11. 8E911'46" W., a di.at:aance at L73.i 'teety +Jeaasae F. 067519'08w w., a adstance of 109.71 foet to rue point-rf-i3agiaain9 0.41 aecsie, more or lama, nes baying aukt9cct .. to any easements and/or ra,shti-ai-way of.rinoord. ' The purpaa-a•of thio,conveyance it to Cancel'and terminate the.lift • agate reeert ad is that certain dec4 r,auO3 * Let OfficL.1.lieetorctc Fook 1949,'>s'avt, 577i o,s1a].4,a recerdx ag Brenazd County, Florida. ' r • .r I.. i 5.o . ., • L. 41.44, t ........-.J ffy„f'+=+fy . t,.l,r'..l LW:YN..4/LNC+.—.,� • • _ f rd ZLe Gu'aitlttie'.,for and in suttaidtntot,of tin mum of TEDi DQLLAIL'f.and od:at reed tNJ teauak,la • considPratierts to the anotbr In hand paid by the predict.the rcaript of whk'h is acknawle•dpiJ,lies. co' ' .ecyxe nbcd,released and 000-claimed to the Dtaatce tall t,11 the grrnwes MIL title.Inta tet. d�Ira of •..- 'GI Slanand,tt eziy. whit:h for mentor mai love in the abOv+Y daaeait,cd land. tai • • • • enWaaCvtioa of quit qualm deed ' Q:fi.tN701t!. • . f i !`f 471 ;r_-n • I/.44.1„...1�' •(SEAL} . .� -fie W. 1h - : QF • ' AC... �T- 1 'r 1SLiLY if PCL7VSDWf.>aG1�aT674Y t OtiNTY t}f'IZIt13vA ftD . . t9 • iia �ril ._:I9 s3 cu !1'1 •' The '•`tan8°lnjf quit•4344 deed wa'aaitnasttcdFt�l><e re Tfa;.un , co by e t zxaa, w. cern:vnr.r�t nark a tat4 b. �bl:lt. --•- -_ • My PoermEsatla E><pJsas: r -. lidhlia...--.311 — 16Staat/emit*AK or ridt6l O St C6 Y�"S rBb.Liao oirtast�= �t,741:hm. 7736s lastrutnenc uya rthManJ by' t t,}# Robert V. 'Wrist te46 • • • a€ ( =t lx ,..., 1t'�9A9AfrtlipanAyr-1114.6- :-AL 1 t71. P'.O.&tu 1886 • . /�.. °t /; . Ctht1)7.Ftnri,la 3-219i2 , . '' '''4'4 •., .,11,1 ::".7 t - M1867,VA: at.CtMY'LV etc 1 • ., ' ; i; . I CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board _ the the Board of Adjustmentinthe evaluation of all criteria relevant to the-app -ca on;and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior-to_hPg nni gth erial_exception_consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be'rejected or that the application may not be acceptable for processing. _ CRITERIA (Building Official or Designee to Verify) . : 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. NO 2) Will the Special Exception create any unusual po ce, a or emergency services? No 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? YES 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience,'traffic flow and control, and emergency access in case of fire or medical emergency? YES 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? YES 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? YES " 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? YES • 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? YES " into 7s 1-1r1-C- ' EYtt/1 , r 9) Is there adequate refuse and service areas? YES Curb side. 10) Do the setback. landciv ------ ------ ' — --ra P 8. nnpa requirements-of-the ------- --- - -------------------zoning district? YES 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land. values and any other facts that may be used to measure or determine compatibility? YES 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? YES 13) Is the Special.Exception consistent withthe intent of the zoning district with which the Special Exception is sought? YES 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affectthe public interest? YES 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? NO • 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? CONCURRENTLY WITH THE PROPERTY T+ • a 3 8 • ofdRKSll- 62 #1,eir 1. No, granting of the special exception will not adversely impact adjacent - --- - ----------------------------- – properties, since the proposed multifamily use will require implementation of modem environmental and design standards, such as on-site storm water retention and landscape buffering 2. Police/fire/emergency service demands will be positively affected due to the replacement of older, manufactured homes with modern structures. 3. Yes • 4. Yes, there will be 3 points of ingress, egress: one at Atlantic Ave. and Two onto Central Blvd . There is a traffic light at Central Blvd. and Atlantic Ave, and all project streets will conform to emergency vehicle code requirements. —Yes, as each unit wilthave an enclosed garage, driveway (of 1 car width), and designated guest parking areas. 6. Yes, water, power, sewer, and refuse demands will all be within permissible levels of service. 7. Yes, buffering will be accomplished through location of water retention areas and setbacks. 8. Yes, signs and lighting will comply with applicable code requirements. 9. Yes, project design will permit easily accessible curb side service. ......_........................_............. .. . .... . . 10. Yes; no deviations from applicable setbacks will be required. 11. Yes, the exclusive multifamily use will be entirely consistent with present residential uses. 12. Yes 13. Yes, multifamily is expressly contemplated as a specially excepted use in C-1 zoning district. 14. Yes • 15. The applicant is not aware of any limitations pertaining to the Special Exception sought. 16. By its nature the Special Exception should run concurrently with the property. .",, ,P.' '':.it Ay u P;,-ii:1:-!. f � a ` . ' , P` kr e(^ fa 'ji:3 ACE 4.4,,!-I' F )41 r. , r, 54ti � d ir.L . ..,p n ° �\i",`i I° `Y.�, City o Cape Canaveral Fri p, rS .--.,,t _ .I�-k • .„,p.,,,,,,,, `. ,,-- r',,, . October 6, 2005 ,, ' , Ifs , NOTICE OF PUBLIC HEARING 1.i f , p 'Pr' O,,THE ADJACENT PROPERTY OWNER(S): eiM: ),i1 nptr Special Exception Request #05-13 ,`:_1 - 5; Notice is hereby given by the City of Cape Canaveral, that Kevin Markey, Seaboard Constructors, LLC, designated agent for Howard and Betty Gould, 190 Oak Manor Drive, Cape Canaveral, FL 32920 has requested a Special Exception To Allow Residential Use in a Commercial Zoning District, pursuant to-the-Cape CaTraveral-Code o -Ordinances,-Zoning-Regulations,-Section_1-10 334( h property --_ --- described as follows: Legal Description: Township 24S, Range 37E, Section 14 24-37-14-28-0000.0-000D.01, 000D.03 and 000C.01,Tuetons Subdivision (8705 N. Atlantic Avenue, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002,this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, October 26, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board 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.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerks office(868-1221),48 hours in advance of the meeting. Susan Stills, CMC City Clerk < I—_' 1-.- II I .I i 1 -`—,'I i . `11 SCE :�^ r I . i 11 .._•iii , T rri 1 I i<l i iota .,, i''1N.Atlantic A,. : .< , i 3 r;-_-.' s 1 ^` °n _� uJ,r4 ' c`,i-. I I .. If- 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 `-. Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com RADIUS MAP --- - /// .gREWOOD 7R \ ___ ___ _____ _,...,...._.,..__ ______ __ _______ ______________________________ _ ._________________________________________ _ . __ _ __ . • SEAPORT ii „7 I CORAL DR #41* --M 4 . a.E u b .1111111111. .''''' a . g I1 y4% �j� EME1:1!111/1051111 g ❑❑n` L IP c 1 ss k Al. A III a: COCOA ct 4110 � � �� � � Ai' 11111 '; 0 ilii.iiil4- ki a 614111 _---- V; �� v' In i t,:v,ri” 7101/1 A, 4 & ,a 3p ir�i.l,'r/lr/�l 1 I'�'7f7J'! .�li h�.1'�/,� iF� �.. t N dll rul.r �J / l ��,1;l EEEr,y�rJ are t.:: t ir/ u, 1,l /6 R l/ Erre 76 "1/ll �b1rh, f. I / 11,0;11,/ -'..0ie.! 1-r1.—• a"." aR �r�l�l ;lf�i 1rT lit 4,I'.'t' r /l' ��j'/� 1 lli'�i - MT-I �� (�-�1rPa D �—',. .,. k hrq �� 71�� ��IN'�' I1, h'!hlr j( r( �l!r: �"a�•<� 7� �' 1 l/i l�6 lu,lV� �'�l 1/ ����ih 1 IL4N tN r'N�; ��1�� c�,,� Tt r ll' ',`/"/: iN,, i 7 t ij t,9' /�! fii plj, 'ifi i _"'yt Med .yahqr'���'7 x/17/ l�tl !r t 77x1,1 /�'lI i..n� � Nom iii,fig:.J� 1�4.hr�'iP' a J"A,l,�/"f�•�4�i i' 7 0 lll{ n iiiir .100 ,. rcENTRAy mw E ll 1 �, Eelrearip,404 nl ,Ds , Ai:41T,, ,,,.....,_._ in Kg i iilisommi I4.) 4‘ # �11111111i111111►������� �� 111111/ mosH_____ cANA ,....7.t......dis,i yEpAL IIIIIIIIIIllhIII Brevard County Property Appraiser;Jim Ford BUFFER DISTANCE:500 FEEL' APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1'6000(one inch=500 feet) WELSH, KEN LEGEND: This snap was compiled from recorded documents and does not reflect . i an actuat survey.The Brevard County Board of Commissioners, Al Notification buffer OWNER NAM (S)/ADDRESS: Property Appraiser,and Geographic Information Services do not assume responsibility for errors or ommissians contained hereon. N Parcel/lot boundaries Produced by: Brevard County Planning &Zoning Office—CIS,September 15,2005 Numbers on map correspond to mailing list 'Prof aioz-wr91rsao .l.n500-1.cmp 1 • r A I_-I 1 1 1 I 1 1-1 . : TRW q! 1 _____` __ �, IG - MI ,._-_--,. rn ` oL / 4.11.111 N ISI oII, ■i■ / -I \J� • rn r)-- u . Et .=- 11. . rn 1 T 1 'n----±_ . ) ■■ , mit , //: I. I rrrr II ill ■■ =� ■■l /\ ,I=i ■■ i'— I.i \ A P= 1- ':.■I.■..{:ion , ISI r 1 I I 1 I I aiiii A ■1i■'■'■ /aISI i E 1111 Ell: .-1 IMO Ill I/ 1 ■�■,;; ■■1., \ E ,L-if . 1.• . 1 1 .... ,,,_, iiiii., . L,\,. . \ ,,.. 'NUS -� A 1 Wil .11) /, I I■ 1 ,. 67'7 I1 El 1 f rn iii I � oo®U2 ' , o■■ / • 0 P ;ilV Ill -a • §V1T$ PIP rnrint' THE BELLA VISTA .CONDOS �1 ,A r Ll �C J\IT EXTERIOR � •` ::.'o L. ELEVATIONS CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET M.- .ur-a ose-o-f-t ti e_--... - - It. e e e— e • —-e.- - o 0. and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or.Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as_a — priricip e casein .-e applicable zoning district. The subject site is a pre-existing residential mobile home park The applicant desires to redevelop the site with condominiums. The applicant's request for a special exception to develop residential condo units in a commercial area should not negatively impact the subject site and adjacent properties. Little or no additional noise, light, vibration, traffic, utility requirements, or stormwater runoff should be created by this request. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? • The subject site has the potential to be developed as residential condo units and meet the zoning requirements. However, the applicant has submitted a concept plan that appears to be in conflict with some zoning requirements such as side setbacks between buildings. Additional adjustments in the number of units and site plan layout may be required in order to comply with the zoning code. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? As a pre existing residential mobile home site, no additional traffic control is • anticipated. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? No additional parking and loading areas shall be required outside the property. ---- _—boundary.-— =-- — - ---------- — -._ — — - 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. .The proposed 'Special Exception' does not require further development of utilities and adheres to the capacity and service levels required by Code. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The applicant_is proposing to redevelop the subject site and thereforet_must-meet_all landscape buffering and screening requirements prior to approval of a site plan. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The applicant must comply with all lighting and traffic requirements so as not to worsen the existing conditions or create disharmonies to adjoining property owners. Compliance must be meet prior to approval of a site plan. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site has the potential to meet all setbacks, landscaping and open space requirements. However, the applicant has submitted a concept plan that appears to be in conflict with some zoning requirements such as side setbacks between buildings. Additional adjustments in the number of units and site plan layout may be required in order to comply with the zoning code 11)Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? • Due to the nature of the pre existing site, the request should not impact the structure size, land values, or compatibility. Landscape buffering and screening in this area shall promote compatibility with adjacent land uses. 2 Z� 12)Is the Special Exception consistent with-the-goals, objectives and policies of the Comprehensive Plan? This 'Special Exception'request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. • • 3 ZC° BUILDING OFFICIAL OR DESIGNEE REVIEW 1 wrung Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C-1 C-1 C-1 C-2 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION(Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES �. m }��{ {^��*'�_��!`a� �p ca � as t �'� da9 [yF [Nfy4� �4�� 3 4' ka� 4'� Er'. ^, ; � F �,. ti'"" ,.�1".. r�-'�,.;,T 4SY 'Y+ce. 2°i;}�'y{ y.+t �trs, Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning &Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: /OW() ,_4 Signature: / 4 2,J rageiuiI Matthew Boerger From: I odd Peetz Sent: Monday, October 10, 2005 11:06 AM To: Math ew zoerger • Subject: FW: Special Exception ( Residential in Commercial ) • From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Friday, October 07, 2005 9:26 AM To: Todd Peetz Subject: Re: Special Exception ( Residential in Commercial ) Todd, -__--- s_ !.__-.•_.-...Lexception ed ave-no=c©m t=tk is m=. 10/12/2005 ---MEMORANDUM- ------ TO: ----'1'O: Todd Morley, CEO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 5, 2005 RE: Special Exception 05-13 190 Oak Manor Drive Condo/multi Family Property Owner: Howard & Betty Gould The Public Works Department has reviewed the submittal of the Special Exception for the above referenced project. The Director does not have any comments or concerns. MEMORANDUM - TO: Todd Morley, Building Official FROM: Todd Peetz City Planner • DATE: October 10, 2005 RE: Special Exception For Residential In Commercial -ave ieviewe -the submitta -the special. exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 26, 2005 A Regular Meeting of the Planning & Zoning Board was held on October 26, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell John Fredrickson Donald Dunn 1st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tern NEW BUSINESS: 1. Approval of Meeting Minutes: October 12, 2005. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of October 12, 2005. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment - Special Exception Request No. 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On-Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. Todd Peetz, City Planner, verified that 24 hour on-site security is permitted in the M-1 zoning district; the property is zoned M-1; the request was for outside storage and 24 hour on-site security; an on-site trailer utilized as a living facility is limited to 800 sq. ft., with an annual review; no children would be allowed to live on the premises; the Building Official would rather have a permanent structure for the living facility, than a temporary trailer; the area for outside storage is not required to be paved, but must be maintained; and vehicles are required to have a current tag and be operable. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 2 Kurt Ronstrom, Petitioner, testified that he was not aware that he needed a special exception for the 24 hour security until he was visited by City code enforcement; he has actively been cleaning up the property and has recently removed four boats from the site and he has two RVs that will be disposed of; he is asking for a 24 hour living facility for security purposes due to vandalism. He explained that the living quarters is a fifth wheel trailer that can be towed out at any time. He advised that he has had outside storage for 20 years. He further explained that the property was previously used as a paint and body shop; the building has two bathrooms, and is currently a machine and welding shop, plus it has two offices. He noted that there are 24 parking spaces, and two - 20 ft. wide drive gates for property access. He advised that he could modify an area of the building to allow living quarters. The Board members reviewed the submitted property survey. Discussion followed regarding considering the request for outside storage in the M-1 zone; and other options to provide security. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval to the Board of Adjustment for outside storage, with the condition that the City code enforcement officer be allowed on the premises, at any time, to inspect for inoperable vehicles. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, for; Bea McNeely, against; Lamar Russell, against; and Shawn Schaffner, against. Discussion followed. Motion by Shawn Schaffner, seconded by Lamar Russell to recommend the request for living quarters to provide 24 hour on-site security be denied by the Board of Adjustment. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, against; Bea McNeely, for; Lamar Russell, for; and Shawn Schaffner, for. 3. Recommendation to the City Council - Preliminary Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant. The Board members reviewed the preliminary replat. Discussion followed. Anthony Garganese, City Attorney, clarified that all dates and signatures will be required on the final replat. Todd Peetz, City Planner, verified that City staff had reviewed the preliminary replat and recommended approval. John Johanson, applicant, advised that the 1st addition of Beachside Townhomes was nearing completion. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of the Preliminary Replat of Beachside Townhomes - 2nd Addition to the City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 3 4. Recommendation to the Board of Adjustment - Variance Request No. 05-11 to Allow Two Signs of Approximately 128 square feet on Each End of the 468 foot Building Front at (8959 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 25.0 - Roger Dobson, A1A Acquisition Group Ltd., LLP, Representing Residence Inn, Petitioner. Todd Peetz, City Planner, reviewed the submitted documents. He explained that per City code, the property is allowed two wall signs; or one ground sign, and one wall sign. He voiced his opinion, as the representative for City staff, that this request is a self- imposed hardship. Roger Dobson, Petitioner, voiced his opinion that the hotel consists of three separate buildings that are connected; he was requesting a sign on each end of the building, to be placed parallel to Astronaut Blvd., which will assist customers finding the facility. He cited various City code sections. He voiced his opinion that the facility is not like any other in the City. He advised that he had a letter from his contractor stating that they have three separate buildings. He explained that a ground sign would be located outside the center building facing A1A. The ground sign is 30 ft. high and 14.9 ft. wide, and illuminated. He noted that all the signs would be illuminated. He advised that he had no idea where the Country Inn & Suites signs would be located. He noted that if the request is denied they will have only one ground sign and one wall sign, which could create a hazardous situation for customers looking for the facility. He advised that D.O.T. denied the request from the City to lower the speed limit along A1A. Discussion was held regarding whether or not the building(s) should be considered one building connected or three separate buildings. The Board members reviewed a rendering of the building(s). Anthony Garganese, City Attorney, explained that the City code does not address a Variance from the sign code. He explained that a Variance only applies to the Zoning code. He explained that the Building Official needs to approve or deny the request for the signs, and make a decision whether there are three buildings or one building. He further explained that if the applicant does not agree with the Building Official's decision, he could then apply to the Construction Board of Adjustments and Appeals. No further action was taken regarding this request. The applicant was instructed to meet with the Building Official and seek his interpretation of the sign code and determine how many buildings there are to conclude how many signs are allowed. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 4 5. Recommendation to the Board of Adjustment - Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, verified that the City code was changed recently to allow this use by special exception. Randy May, Petitioner, advised that the project was moving forward. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-12 to the Board of Adjustment. Vote on the motion carried unanimously. 6. Recommendation to the Board of Adjustment - Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend Variance Request No. 05-06 be denied by the Board of Adjustment. Vote on the motion carried unanimously. 7. Recommendation to the Board of Adjustment - Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Todd Peetz, City Planner, gave an overview of the proposed project. He advised that the property was currently a trailer park, and is surrounded by C-1 and C-2 uses. He noted that this property location was not part of the moratorium currently in effect. He explained that the Petitioner is requesting a special exception to construct 122 multi- family units. He noted that a Unity of Title or Replat will be required to incorporate all four parcels. Discussion was held regarding notifications to surrounding property owners. The Board Secretary verified that the Ocean Woods Homeowners Association was mailed a certified notice of this request. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 5 Chairperson McNeely questioned if they were requesting rezoning by special exception. She pointed out that N. Atlantic Avenue has mostly changed from C-1 to residential. Kevin Markey, Attorney for the Petitioners, advised that the property already has an existing residential use. Todd Peetz, City Planner, noted that the trailer park existed prior to the commercial zoning district being created. Kevin Markey verified that all the trailers would be removed. Vice Chairperson, Lamar Russell, asked if they could take out some of the coverage and add some green area. Kevin Markey responded that he was not in the position to change the size of the buildings or number of units. He verified that the request included all four parcels of property, and advised that the property would be surveyed and the legal description will be clarified. Anthony Garganese, City Attorney, advised that the City will require a Unity of Title. The Board members reviewed the submitted conceptual plan. Discussion followed regarding distance requirements between curb cuts. Chairperson Russell asked if the units could front Central Blvd. so that the units would look attractive to pedestrians traveling down the road, rather than looking at the backs of the units. Todd Peetz suggested that the buildings be turned to front Central Blvd. and a frontage road be constructed in front of the buildings. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-13 to the Board of Adjustment. Vote on the motion carried unanimously. 8. Recommendation to the City Council Re: Proposed Ordinance for Land Clearing for Three Dwelling Units or Less -Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, advised that he made the changes as requested by the Board at the last meeting. The Board members reviewed the draft ordinance. Brief discussion followed. Motion by Donald Dunn, seconded by Shawn Schaffner to recommend approval of the draft ordinance to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked for clarification on some of the decisions made this evening. There being no further business for the Board to consider the meeting was adjourned at 10:07 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary C � ro 54A A a40 14 634 `,r , l; City of Cape Canaveral k } e November 16,2005 tif-f_, ', v .Kurt E.Ronstrom f 4' " � 3395 Grape Street /.'} ;`° Cocoa,Fl 32926 t ^A,lr a „ RE: Special Exception Request No. 05-07 to Allow Outside Storage of Automotive Vehicles,lat Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On-Site P. Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0- Kurt Ronstrom,Petitioner. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 14th day of November,2005. Based on the testimony and information provided,the Board of Adjustment has granted your request to allow outside storage of automotive vehicles, camping equipment, boats, trailers, and recreational vehicles,in the M-1 zoning district,at the above referenced location,with the following conditions: 1. Proper buffering and landscaping be provided. U 2. Spaces are limited to,2.(as shown on the drawing provided by the Petitioner. 3. Maintain adequate access for the Fire department. Your request for 24 hour on-site security was denied. As per City Code Section 110-48,Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, Constance B.McKone Chairperson /slc 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com 043,$ 50.E ACE • t' {g4 d :' ' 4 III City of Cape Canaveral 104. November 17,2005 Seaboard Constructors, LLC Attn: Ken Welsh ,j 3415 Shady Run Road Melbourne,FL 32934 RE: Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14,Township 24 South,Range 37 East,Parcels 28,D.01,D.03, and C.01,Teutons Subdivision- Kevin D.Markey, Seaboard Constructors,LLC,Designated Agent for Howard and Betty Gould, Petitioners. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 14th day of November, 2005. Based on the testimony and information provided,the Board of Adjustment has granted your request to allow residential use in the C-1 zoning district at the above referenced location. As per City Code Section 110-48,Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however,the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension,the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment,the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. S' cerely, Constance B.McKone Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com Aka r _ / City of Cape Canaveral 2005 November 17 Ambassador Services,Inc. C/O Randy May 245 Challenger Road }td' Cape Canaveral,FL 32920 k�f RE: Special Exception Request No.05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at(245 Challenger Road), Section 15,Township 24 South,Range 37 East,All of Parcels 29,33,and Part of 2,3,31, and 35- Randy May,Petitioner. Variance Request No.05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at(245 Challenger Road),Section 15,Township 24 South,Range 37 East,All of Parcels 29,33,and Part of 2,3,31,and 35- Randy May,Petitioner. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your requests at the meeting held on the 14th day of November,2005. Based on the testimony and information provided,the Board of Adjustment has granted your request to allow a conveyor system over the 25 ft.setback between Cape Canaveral and Port Canaveral Boundaries at the above referenced location. The request for a Variance was withdrawn by the Petitioner. As per City Code Section 110-48,Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance;provided,however,the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension,the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally,a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business,let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment,the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely,gePlar//l/Ca (‘ Constance B.McKone Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com