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HomeMy WebLinkAbout BOA Agenda Packet 8-30-2018 BOARD OF ADJUSTMENT REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 POLK AVENUE, CAPE CANAVERAL. FL 32920 AUGUST 30, 2018 6:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Board of Adjustment excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi- judicial or emergency items. Citizens will limit their comments to three(3)minutes. The Board of Adjustment will not take any action under the "Reports and Open Discussion" section of the agenda. The Board of Adjustment may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: March 2, 2017. 2. Per Section 2-171, the Board of Adjustment shall elect a Chairperson and Vice- Chairperson,by majority vote, at the first meeting held in January,unless there is no January meeting,then the next meeting held. 3. Quasi-Judicial and/or Public Hearing: Motion Re: Variance Request No. 18 - 01 — Parcel ID#243723-CG-4-3 — Rick Parker— Applicant, has requested a Variance approval to allow for a side yard setback in the R-2 zoning district from the required 8 feet to 7 feet 3 inches as established in Section 110-297(a), City Code. REPORTS AND OPEN DISCUSSION: None Board of Adjustment Meeting Agenda August 30, 2018 Page 2 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. BOARD OF ADJUSTMENT MEETING MINUTES March 2, 2017 A Meeting of the Board of Adjustment was held on March 2, 2017 at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Arvo Eilau called the meeting to order at 6:00 p.m. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Arvo Eilau Chairperson Douglas Raymond Acting Chairperson Desmond Wassell George Sweetman Joe Elliott Joseph Tichich MEMBERS ABSENT Linda Brown OTHERS PRESENT Jen Nix Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Meeting Minutes—August 23, 2016. Motion by Mr. Wassell, seconded by Mr. Tichich to waive the reading of the minutes. Vote on the motion carried unanimously. Motion by Mr. Elliott, seconded by Mr. Wassell to approve the Meeting Minutes of August 23, 2016. Vote on the motion carried unanimously. 2. Per Section 2-171, Board of Adjustment shall elect a Chairperson and Vice Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. Motion by Mr. Elliott, seconded by Mr. Wassell to re-elect Arvo Eilau as Chairperson. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes March 2, 2017 Motion by Mr. Eilau to re-elect Douglas Raymond as Vice Chairperson. Mr. Raymond declined and made a motion to nominate George Sweetman as Vice Chairperson, seconded by Mr. Wassell. Mr. Sweetman accepted the nomination. Vote on the motion carried unanimously. 3. Quasi-Judicial and/or Public Hearing: Motion Re: Variance Requests No. 17-01 Parcel ID# 24371428*A — Debbie Lewis — Applicant, has requested a Variance approval as follows: 1) To allow for a 25 foot front yard setback from the N.Atlantic Avenue right-of-way rather than the 50 feet required by Section 110-536(a)(2), City Code; and 2) To allow for a 58.4 foot lot depth rather than the 100 feet required by Section 110- 336(2), City Code. Property Legal Description: Parcel ID#24371428*A(vacant parcel immediately north of 8804 N. Atlantic Avenue), Cape Canaveral, Florida 32920. Mr. Dickey presented Staff's report/photos. He pointed out the property in question, which has an odd configuration and does not meet the minimum depth standard. He read the six (6) criteria and Staff's response to each of the six(6) criteria for the proposed Variance. Property is zoned Cl and the use of a real estate office is permitted. Staff recommended approval of the requested 25-foot front yard setback and a 41.6 variance to the required 100-foot lot depth standard. Discussion ensued to include date lot was established and additional surrounding C 1 zoned properties. Assistant City Attorney Nix swore in audience members wishing to speak. Debbie Lewis represented the applicant/owner and explained the proposal of a 1500 s.f. real estate (Key West style) office, no noise/smell, low traffic/impact; small number of employees and felt the building will enhance the area. She explained there is a hardship and the owner has a right to "reasonable use" of the property. Discussion ensued to include when property was acquired; possibility of introducing commercial uses into the surrounding neighborhood; intent of adjoining property development; doing what is best for the community; surrounding properties are zoned commercial, but are used as residential and possibly adjusting lot configuration to help meet setbacks. Mr. Eilau opened the meeting to the public at 6:33 p.m. Audience members voiced their concerns; six (6) residents were against and two (2) were for the Request. Mr. Eilau closed the meeting to the public at 7:02 p.m. 2 Board of Adjustment Meeting Minutes March 2, 2017 Discussion continued with Mr. Tichich reading comments he prepared regarding protecting and enhancing quality of life; configuration of lot is too narrow and irregular for 1500 s.f. building; parking may require removal of current landscaping; never allow construction of the property; utilize other vacant properties in the City and possibility of business failing, thus creating another vacant building. Board requested Staff to address Variance criteria, again, for guidance. Assistant City Attorney Nix read the Section of the Code, which Board Members need to apply when making a decision based on the criteria. Mr. Dickey, again, explained the criteria when making a decision on a Variance Request. He stressed the conditions peculiar to property is not the result of actions of the Applicant. Enforcement of the Code would result in unnecessary and undue hardship. Board questioned whether the owner of the property created the peculiar conditions. Mr. Dickey stated the owner purchased the property as four (4) lots in 2015, the same as they stand today. Assistant City Attorney Nix indicated the parcel in question is one separate lot per the Warranty Deed.Mr.Dickey stated, again, the Applicant has not reconfigured the lot. Currently, this is not a buildable lot due to the required setbacks. Discussion ensued to include concerns over access being closer to road; approval could be injurious to Community;positive aspects to include additional jobs; strictly applying six(6)criteria provided per Code; visibility triangle; best use of property; keeping as greenspace; adding conditions to include removal/replacement of trees and parking requirements. Board asked for guidance if placing conditions on the Variance. Mr. Dickey suggested not placing any conditions. Board Members asked for definition of "taking." Staff explained this is a process when local government,due to its regulations,takes the use of an individual's property away. Litigation could ensue if City Code is not (strictly) applied. Motion by Mr. Wassell, seconded by Mr. Elliott to recommend approval for a Variance to allow for a 25-foot front yard setback rather than the 50 feet required by Section 110-536(a)(2); and to allow for a 58.4-foot lot depth rather than the 100 feet required by Section 110-336(2). Vote on the motion as follows: Mr. Raymond, For; Mr. Sweetman, For; Mr. Wassell, For; Mr. Elliott, For; Mr. Tichich, Against; Mr. Eilau, Against. Vote on the motion carried. REPORTS AND OPEN DISCUSSION: Discussion ensued to include Staff giving guidance to Board Members when "conditions" are placed on a recommendation to approve a request; making sure Applicant adheres to the "conditions" recommended; enforcement; roles Staff and City Attorney's Office play in the process and types of conditions that can be recommended. 3 Board of Adjustment Meeting Minutes March 2, 2017 Board asked Staff to draft a memo for distribution. Staff will work with the City Attorney's office regarding this request. ADJOURNMENT: Motion by Mr. Wassell, seconded by Mr. Elliott to adjourn the meeting at 8:05 p.m. Vote on the motion carried unanimously. Approved on this day of , 2017. Arvo Eilau, Chairperson Patsy Huffman, Board Secretary 4 40'-- ' - City of Cape Canaveral LA Board of Adjustment Meeting Date: 30/2018 Item No. Subject: Variance No. 2018-01 is a request to modify the required side setback in the R-2 zoning district of 8 feet to 7 feet 3 inches. The subject parcel contains a single-family residence and has an address of 409 Washington Avenue (see Attachment 1). Department: Community Development (CD) Applicant/Owner: Rick Parker/Parker 2017 Revocable Trust Summary: The owner is requesting a variance of 9 inches to the required 8-foot setback which would result in a 7 foot 3 inch side yard setback on the western property line for property located at 409 Washington Avenue(Attachment 2). The variance will facilitate the construction of a 2nd story to the existing single-family home. Based upon information contained in the Brevard County Property Appraiser's website, the existing structure was built in 1960. The applicant purchased the property in 2017. As indicated on the submitted survey(Attachment 3),the house is 7.3 feet from the western property line and 6.6 feet from the eastern property line. The structure was built prior to the establishment of the City and therefore any City setback requirements. The subject property is a lot of record and is considered nonconforming as is the structure(does not meet setback requirements nor minimum square footage). Recently, the owner has decided to move forward with a renovation of the existing structure to include constructing a 2nd story. The proposed renovation will utilize the existing footprint and will not further encroach into either of the side setbacks. The 2nd story will slope from west to east. Therefore, a variance is only needed for the western setback encroachment. In 1987, the City issued a Building Permit for the enclosure of the carport into a garage. From the available information, the encroachment was not addressed at that time. According to the BCPAO, the structure is 906 square feet, which does not meet the minimum square footage of 1,100 for a single-family home. However,the addition will result in the structure being enlarged to 2,140 square feet. Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance is being considered. For a detailed analysis of the requested variance's compliance with the criteria,please see the Staff Analysis and Worksheet (Attachment 4). Subject Property Future Land Use/Zoning Designation: R-2 Surrounding zoning: Surrounding uses: North—R-2 North—Multi-family Residential South—R-2 South—Single-family residential East—R-2 East—Single-family Residential West—R-2 West—Single-family Residential Board of Adjustment Meeting Date: 8/30/2018 Variance No. 2018-01 Page 2 of 2 Attachments: 1 —Location Map 2 —Application/Rendering 3 —Survey 4— Staff Analysis and Worksheet—Variance No. 2018-01 The CD Staff recommends that the Board of Adjustment take the following action(s): Approve the side yard setback variance to allow for a 7 foot 3 inch setback on the west side yard for the single-family structure located at 409 Washington Avenue. Approved by CD Director: David Dickey Date: q.7,2- t8 4 4 4 I ATTACHMENT 1 .It J_ a I titlit..;-'. - 461111:1111PIP IC AMA. 1 ; , ___, ? „111,111r/11.- . 1 -t - " r - _ .. rilillilliE:' ' '',#''.• - . II n ;tA j s' a. D t o 4 a 4 s4 011"4„. 1.,,,:„, , ,0.0,.» _. it 1Yi Q • .4.' iii -. kOS;'1 0' • ,i, ,i t - �/o u(x) � a D. sin* r 1 i 1--- ij , .. ...-_4- 1 .— -- 111 T� 4`'"y 1 �' • • 1... ,• - ,.. 7.41$4 P. i /.../ Ati .'.,4../e. . . . •' ft . '- . :f4 • .6 • ., it." • i ,k . ••• 1 +' Y /! .• t ii. ♦,/ - 1 r...7--- • ,....,-..01" Y , ,' r iJ1 _ 111 I t,. - f f ' �' • M 1 r... v r - * � rtr•�` iF' Rte-•', Ti � 1 It., i '44''. -` },1 • ._,�- = .35j. - i.� - 1 ,. 4. / • , lit:, . to i, ,. . , +r6, 4,4.6".:-.- •'f�1 ,,,- ! ,• ��,• 't.*�' ; •k `r . • �'T ' , 4 ,,,. . . , I 'k • � i ..r Attachment 2 N 4 City of Cape Canaveral VARIANCE Information Sheet Description of Request: (Be sure to note specific Code sections of the zoning ordinance that allow and support your equest). If necessary,attach separate sheet. see trial Address of request: 14CA \V j i Ul1\IJQ, (.CiADe flVt1,1Q,cat ci.. --3d...50.6 Name of Project(if applicable): Ir f Legal description: Lot(s) J._ Block 14 Subdivision AVDVV:151-1 tie -5303 Section 2.3 Township a q Range Sr.! Future Lot Use and Zoning designations: ' �2 I FLU. eSic� e t J ZOKI I : Z2 s•ci t Stateme 1 t of Fact: I, ` . ► , •/,._ ,being duly sworn, depose and say that: X I am the property owne/ i u y eQ I am the owner(s)designated agent. (attach notarized letter of autho "nation). el ' 6vetik L. 4(kt4 Owner(s)Name: ... • n _ - Mailing Address:T. 0 )c t Ir kloe. Qy UeY Lt1 -t-I• ' -9 ° Phone number(s): Email: r t C_'c 1 t'Z 040 •C o lo Designated Agent Information(if applicable): Name of Designated Agent: +\iia Mailing Address: Phone number(s): Email(s): Variance Application-02/2018 Page 3 Variance Information Sheet: 409 Washington Ave/Parker 2017 Revocable Trust. Description of Request:(insure that specific Code Sections of the zoning ordinance that allow and support your request are noted.) If necessary,attach a separate sheet. 1. Area variance to allow the applicant to renovate the property, by building a modern single-family residence. The renovation will, in part, be built over the existing garage which presently sits eight (8") inches into the northwest corner of the west setback. The conversion was approved in response to the October 21, 1987 building application. The renovation will not increase the infringement into the west side setback. Sec. 110- 297(a)(2). Once renovated, the home will then meet the minimum home footprint of 1,100 square feet. The first floor will be 1,487 square feet,the second floor 653 for a total of 2,140 square feet. Sec. 110-296(5)(a). All variance requests are supported by this application and contemplated by Sec. 110-110-36, 110-191, 110-196 and 110-200, Cape Canaveral Land Development Code. L4 0 9 Wa�hirig1a tit kV \-6 City of Cape Canaveral VARIANCE Application & Worksheet • Variances are to be authorized where they are not contrary to the public interest and where, due to special conditions, a literal enforcement of the terms of the Ordinance would result in unnecessary hardship. The Ordinance sets forth specific conditions which must all be demonstrated by the applicant before the Board is empowered to grant the Variance. If the applicant cannot satisfactorily address all of the following, this should serve as a preliminary indication that the application may be rejected. The conditions are as follows and items (A) through (F) must be answered in full. (City Code Section 110-62). . A. That special conditions and circumstances exist, which are unique to the land,structure or building involved and are not applicable to other lands, buildings or structures in the same district. l 5 ee a ace B. That literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would put ecessary and undue hardship on the applicant. e.,e_ a ac\A4 C. That the special conditions and circumstances referred to in item (A) above do not result from the tions of the applicant. Sec) a ac- 61 Variance Application-02/2018 Page 5 • 409 \\/ashen I �� ►VV/ Mr r City of Cape Canaveral VARIANCE Application & Worksheet—continued D. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the Ordinance to other lands, structures or building in the same distric . cttod 1 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 o tract e. eC Q `�Jl F. That the granting of the Variance will be in harmony with the general intent and purpose of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the publ' welfare. 5Qv C,4 i\ While these conditions may seem unduly harsh and stringent to the individual applicant, it must be remembered that the Zoning Ordinance was enacted for the benefit of the community as a whole and requires an organized and controlled pattern of the community's development. It should be noted that the difficulties or hardships relied upon must be unique to that particular property (e.g. peculiar lot shape) not general in character, since difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally and will not support a Variance. If the hardship is one that is common to that area, the remedy is to seek a change of the zoning classification for the neighborhood. Variance Application-02/2018 Page 6 Page 1 of 3 APPLICATION & WORKSHEET: 409 Washington Avenue/Parker 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. The subject property and all the surrounding lots are very small, nonconforming lots which were lawfully established by an approved Plat, recorded in 1921. The building on this lot and many of the surrounding lots fail to conform to the current coverage, setback and minimum floor area requirements. It is our understanding some property owners have built directly on side lot lines—thus no setback. When the home was originally constructed,the Lot Lines and the Home's Foot Print Lines were not parallel. The subject property is a nonconforming lot (only 6,250 square feet)and the northwest corner of the garage extends eight inches (8") into the west side yard setback. On or about October 21, 1987,a prior owner, Gary Meier, applied for a building permit to convert his carport to a garage (See attached copy of 10-21-87 City of Cape Canaveral Building Permit Application.) The home's garage stands today as approved and constructed. Applicant's home plans comply with minimum and maximum lot coverage and the renovation will not infringe any further into the west side yard setback or any other setback required by Ordinance. We are only building up and into the back yard. B. That literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would put unnecessary and undue hardship on the applicant. The zoning code (Sec. 110-297) presently requires the applicant have at least eight(8) feet of setback from the side lot lines or 10%of the width of the lot (5' in this case), whichever is greater. The eight (8)foot setback requirement; however, is not a Page 2 of 3 common characteristic of the neighborhood, perhaps due to how the lots were originally drawn. Almost none of the neighboring homes adhere to such a setback. As the property presently sits, the northwest corner of the garage infringes into the west setback 8 inches. The proposed renovation will not increase that infringement. A previous Variance review of 423 Washington Ave by City building officials indicated: "Without a survey, it is difficult to determine setbacks of the existing structures from property lines; however, the Brevard County Property Appraiser(BCPA) website does provide separation between buildings, which will provide an indication of existing setbacks. There is an 8.6 foot separation between the single-family homes located at 423 and 427 Washington, which is an average of 4.3 feet; there is a 12.5 foot separation between the single-family structures between 417 and 423 Washington, which is an average of 6.25 feet;an 8 foot separation between the single-family structures at 413 and 417 Washington, which is an average of 4 feet; and a 7.5 foot separation between the single-family structures at 427 and 431 Washington, which is an average of 3.75 feet." At their closest point,the 409 Washington home is 8 feet from lot line and it western neighbor at 405 Washington, is 6'10" from the lot line for a total separation of 14'10". Therefore, applying the present setback requirement, would deprive the applicant of rights commonly enjoyed by other neighboring property owners. C. That the special conditions and circumstances referred to in item (A) above do not result from actions of the applicant. The applicant is not responsible for the home's garage being eight (8) inches into the west side yard setback. The garage construction was requested by a prior property owner, on or about October 21, 1987. The garage was built as requested and stands as approved. D. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the Ordinance to other lands, structures or buildings in the same district. Almost no building immediately surrounding the subject property comply with the present City Code, nor does most any single-family residence or building in the Page 3 of 3 applicant's neighborhood. Most all of the buildings on surrounding properties are non- conforming in some respect likely due to the surrounding properties' non-conforming Int cine Granting a variance will not provide any special benefit on the applicant which isn't already enjoyed by home owners in the area. E. That the reasons set forth in the application justify the granting of the Variance, if granted, is the minimum that would make possible use of the land, building or structure. Since the eight(8") inch infringement into the northwest corner will not increase in size due to the renovation of the home and will not be noticeable. Without the variance, the applicant will not be able to revitalize the property in a manner befitting the market requirements. The variance would allow this currently non-conforming lot (due size and west side yard setback)to make the best possible and lawful use of the land and building. F. That the granting of the Variance will be in harmony with the general intent and purpose of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. By approving this variance,we hope to mesh with the City's Vision Statement, which states in part, 'We envision:An engaged and compassionate community that;removes or transforms blighted and unfinished buildings into attractive structures,offers city-wide green spaces, provides a pet friendly park with ample shade,acts progressively but deliberately and actively recruits and supports businesses that enhance economic viability and serve our residents and visitors with goodwill." We are transforming an overgrown, blighted home and replacing it with a beautiful family-size home which will serve our family, and community for years into the future. 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'_�r .7 — •. ,. ,9c..•6 yd.••.p/4vy 13•01/. • s...s 119.1.7.6 Ary.Ksr a 3•.:r'`-•:.. c. a •r;..o •rr...ya•••- " Hi Irl 111I [T\\ - ' ," „„r...........,.,.it�.s+_w y.1+ 1 .r+•Ia•7 A 7+.rw•n n.�.i 11',. ......4* •- k •l• \\ sy \\\\K 1.•.7hs"t snares g•.Ye+sf Ni If sg iMraa>s...qv*.l..c}r M 9 n...• t,71s . s •. 1 C X Z • . • This instrument prepared by: / Name: Alba Murillo an employee of ALOMA TITLE COMPANY Address:100 Burned Place,Suite 1010,Oviedo,Florida 32765 Return to:ALOMA TITLE COMPANY Address:100 Burnsed Place,Suite 1010,Oviedo,llorida 32765 File No:OV4755 Property Appraisers Parcel Identification Number(s): 24 3723C0000040000300 THIS WARRANTY DEED Made the 23rd day of January, 2017, by Archie Cannon also known as Archie Doye Cannon and Isabell Cannon also known as Isabel Cannon, husband and wife, whose post office address is 261 Short Street, Lake Mary, FL 32746, hereinafter called the grantor, to Rick A Parker and Karen L Parker, husband and wife, as Co-Trustees of the Parker 2017 Revocable Trust dated January 10, 2017" whose post office address is PO BOX 1977, Cape Canaveral, FL 32920-1977 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESSETH, that the grantor, for and in consideration of the sum $10.00 and other valuable considerations, receipt whereof is hereby acknowledged hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in BREVARD County, State of FLORIDA, viz: Lot 3, Block 4, AVON-BY-THE-SEA, according to the plat thereof, recorded in Plat Book 3,Page(s)7,of the Public Records of Brevard County,Florida. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in otherwise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with the grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31 , 2016. FURTHER SUBJECT TO restrictions, reservations, covenants and easements of record if any, however this reference shall not operate to reimpose same. i <Y E ♦ • In Witness Whereof the said grantor has signed and sealed these presents the day and year first above written. Signed, se d a delivered in the presence of Signathirij ' �� (� l Archie Cannon a/k/a Archie Doye Cannon / Qt-"CPU: 6 e l'01161 PrintedSignature d)/0,41),( S rI i (lit Isabell Cannon a/k/a.lsabel Cannon ix, ito.n ..--)- Printed ignature STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 23rd day of January, 2017 by Archie Cannon also known as Archie Doye Cannon and Isak1i Cannon also knoum as Isabel Cannon, husband and wife who piwided t'U do U` 'S 1.k identification and, 'ho did not take an oath. ' [seal) Notary Public ..�.��•..,, ALBA A.MURILLO My Commissio Expires: . ..Y ��``^ c: Notary Public-State of Florida * Commiss #FFMyComm.ExpiresIOn Sep25,2019 !"-il,,,,,,otcrcy':::E Boded Uxough N�anat Notary915155 As t ...a "� 3Atl ra—CIHStlM — C ,i o '1:110 34.1 k ��N�QIa2I ____ N`JIS3a 2I3}I23dd SI-11 ii.,,,,, I— ,,,c,1 — a30N3dS ,.... I■mMENIM' ! 4 If . / r' ;p ilium IIIIIIIi_ u DL ,i, f I, ft,a; ,:ii!.....114,\-;•....— sitE-._-- me DOI: —1____11117s Ili pii"HLI---.--: ,.. __ .. yr= IAl :=„..=_-___:.2.=____:• Tri IIIIII � ■.�, nmm am 711 ___I. 4 LIMN ...�� j IIIIIIII��__I & I _ ow. misommism. Immo=momm ®MOM IMIOMMOI MEM �:,=_�vommt limm, _ memmmis-m_ _-I monnommloom ., 11111111.1! monlimmommami ® ,,� 111 ... 1 �1 o :. t.rf :li 93 4 ._.... ir..7w Q ____ _..... . ._.... ............ , CD El .i ,f r A ;,-_ __ . ,.... -MEM _I INIMINI . -4.9 9 . 7. •• ..... tv_ .., ___ ..... ......„ ...... —, .... ,. _, , =________, = _---=-=-- I= 8----+- 1 ...... I� lin rer _= 6 „A _--Al l w ;t. w INN fi if All IBA -=-- --12'1 h==-1 it .IMIM q _____A :, _ 1 -f t_ 1.1 i , 1 -;1 1 i I 1 iY I I 1 I ATTACHMENT 3 ,i IHAVE REVEV ED TTTLE RESOURCES GUARANTY COIPANT BOUNDARY SURVEY FLE NO.:OW755.DATED:1211W2016 AT 690 AM AND HAVE ADDED ALL PLO1TABLF MATTERS HEREON __WASHING O AVENUE_ f_`' -50.00' -- FOUND 518' iFOUND 112' IRON ROD 1 r6IRON ROD NO LD. .e�4. ^= NO ID. 4 n (0.8.01) g 73 t 1Z7 r 471 b4 ' -if 1 7B x ' LL 6.0' M 6.7' r c.c BUILDING I 0109 a, 33 o LOT 8 , . • OD LOT4 BLOCK 4 M g BLOCK 4 .• ' N •' ,% ' 22.7 i/ ) LOT3 - BLOCK 4 o . LL FOUND 5!8' LL 49. SET 1l2' IRON ROD 2 IRON ROD LB#266 '"6 tTOFF LB#7893 50.00' •"IM \LOT LOT 12 BLOCK 4 BLOCK 4 BLOCK 4 'SURVEY E A CES NEAR THE BOUNDARY OF THE PROPERTY. � t, Co TARGET ,,4.. U442.8442.84141 EIF ►TE y IHAM CEFITVY THAT TF6ld/OARYSURVEY �VEYtNG,T Y C �:i s A TRIS Nn�T REPRESENTATION OF A SURVEYING,j j,J,�l v j,.t1,1\y ER�. SURVEY PREPARED UICWY DIRECTION. ,t -. NOT VNDMI1HDUTANAuwEI ATEDHEC1Tclic LB#7893 s SMARM NO AUII[�1Ri TEO BEG-IRONIC SEAL _" '�/1E0F ORAS NO9g1A SERVING FLORIDA \._.- ,__.... + Kenneth o Y 6750KMILITARY MAL,SEE 102 Osbome,.� WEST PALM BEACH,A.33407 '...:or.lo PHONE 0031)640480D d STATEWIDE PHONE(800)726-4807 STATEVAIE FACSIMILE(800)741-0576 1, KENNETH J OSBORNE q��rr�1AIl fel., t�8UE mama— AND w rerw+u u Attachment 4 City of Cape Canaveral Variance Worksheet Variance#2018-01 Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary to the public interest and when, conditions ocodeproperty wou d resultnot n unnecessary and actions of the applicant, and a literalenforcement of the undue hardship. All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criteria: 1. That special conditions and circuch are unique to the land, d and not applicablences e xist l to other lands, buildings or structure or building involve structures in the same district. The subject parcel is considered a legal, non-conforming lot as it was platted prior to the incorporation of the City and does not meet the minimum lot size or square footage requirements of the R-2 zoning district.According to the materials in the application,when the house was originally constructed, it did not meet setback requirements. Furthermore, the City permitted the enclosure of a carport in 1987, despite its encroachment into the sideyard setback. 2. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant. This area of the City contains many residential structures that were built prior to the incorporation of the City. Certain properties/structures do violate current zoning standards, specifically setback standards. There is an 8.6 foot separation between the single-family homes located at 423 and 427 Washington, which is an average of 4.3 feet; there is a 12.5 foot separation between the single-family structures at 417 and 423 Washington,which is an average of 6.25 feet; an 8 foot separation between the single-family structures at 413 and 417 Washington, which is an average of 4 feet; and a 7.5 separation 3 bnthe these measuly rements acetures at 427 and est mates taken 431 Washington,which is an average of 3.75 feetsurem from the Brevard County Property Appraisers website). 3. That the special conditions and circumstances referred to in item (1) above do not result from the actions of the applicant. This area of the City contains many residential structures that`wchbume re ilt priorhe setback to the incorporation of the City. A previous owner built the home at encroachment was created. City of Cape Canaveral Variance Worksheet—Cont'd Variance#2018-01 4. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or building in the same district. Approval of the requested variances would not confer any special privileges oon ndthe applicant that are not enjoyed by other properties or structures in the surrounding neighborhood. As indicated above many of the structures in the neighborhood do not meet current setback standards. In fact, granting the variance will allow the construction of a 2°d story, a right available to other owners in the area. e, and 5. That the reasons set forth in the application justifyhe granting of the would make possible usecof the that the Variance, if granted, is the minimum that land,building or structure. The applicant has provided relevant and appropriate arguments that do speak to the requisite criteria. The request does not further encroach into the side yard, but maintains the existing setbacks.Furthermore,the requested variance will allow for a 2"d story addition which is only elevated on the west side of the structure, thus minimizing the bulk of the structure. 6. That the granting of the Variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The requested variance will facilitate the redevelopment of the property, which will result in a structure of significantly higher value. This will operty owners. The property positive the neighborhood and may lead to further investment bysurrounding redevelopment of the site will bring a nonconforming structure (does not meet minimum square footage requirements) into compliance with the zoning ordinance.