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HomeMy WebLinkAboutBOA Minutes 3-2-2017 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. 4 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 Staffs 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 Staffs 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 Cl 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. , a dirAppr• -• on this day of A,,,,_ ,2011. 7m Ha 1'rperson eav /cF//c�i Patsy Huffman, Board Secretary 4