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HomeMy WebLinkAboutMinutes 01-09-1991 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 9 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral , Florida , was held on January 9 , 1991 at the City Hall Annex, 111 Polk Avenue , Cape Canaveral , Florida. The meeting was called to order at 7 : 30 P .M. by Chairman Russell . The Secretary called the roll . MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Alternate OTHERS PRESENT Edward Spenik City Manager Kohn Bennett Deputy City Attorney Thomas Kleving Building Inspector Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr . Everett amended the minutes to read as follows : Mr. Everett stated in discussion item No. 1 , that it was his opinion that the RPUD Ordinance be put to a test to see what the outcome would be . Mr . Thurm moved to approve the minutes of December 12 , 1990 as amended. Ms . Wheeler seconded the motion. Motion carried unanimously. NEW BUSINESS 1 . Variance Request No. 91-1 to Construct Canopy over existing Dispensing Islands , (Highway Oil , Inc. , 8090 Astronaut Blvd. ) Parcel 259 , Sec . 23 , Twp. 24S , Rge. 37E - C. S . Tate for Tom G. Platis , President Mr. Tate , representative for Highway Oil , Inc . , explained that a canopy and islands were removed in order to remove and replace the underground tanks because the underground tanks did not comply with EPA State codes . He pointed out that other stations in the general area had canopies that did not meet the current setback requirements and that the closest portion of the canopy for Highway Oil would be approximately 13 feet into the setback. Mr . Tate stated that if the variance was not granted, it would impose a hardship to the business because of inconvenience to customers due to undesirable lighting and bad weather. He noted that the Building Department had approved the footer to anchor the canopy and that the footers had already been installed. The Board members reviewed photos of the canopy footers . Mr . Kleving, Building Inspector, commented that the applicant had applied for a building permit to install the footers and canopy. However, the application was turned down and no inspection was made of the footers because it was the Building Official ' s opinion that an inspection would be a tacit approval for the permit on erection of the canopy. The applicant had been instructed by the Building Official to have engineering approval on the footers and canopy drawing. Mr. Tate reiterated that the footers had engineering approval and certification. Planning & Zoning Regular Meeting January 9 , 1991 Page 1 of 2 0 Mr. Kleving noted that it was the Building Official ' s interpretation that the canopy would encroach into the setback and would require a variance. The Board members reviewed photos of the proposed canopy and also existing canopies on stations in the general area. Mr. Berger commended the Building Department staff for taking photos and measurements of existing canopies in service stations in the area. Discussion followed. It was determined that since the structure was more than 50% destroyed, the replacement of the canopy had to comply with current regulations . Mr. Kleving and Ms . Hutcherson , Code Enforcement Officers , could not foresee any definable safety hazards if the variance was granted. It was Ms . Wheeler ' s opinion that the canopy would enhance the neighborhood and service station. The Board members reviewed the Zoning Regulations , Sections 641 . 23 , Accessory Structures ; 643 . 05 , Non-Conforming Structures ; 643 . 07 (B) , Non-Conforming Uses of Structures ; and 641 . 21 (E) Setback Encroachments . Discussion followed. It was the consensus of the Board members that the pumps and canopy were removed as a result of complying with EPA regulations to replace underground tanks ; that a hardship existed which was not self-imposed; and that it was an irregular piece of property not easily usable for anything. Mr. Thurm moved to recommend approval of Variance Request No. 91-1 to the Board of Adjustment . Ms . Wheeler seconded the motion. Motion carried unanimously. There being no further business , the meeting was adjourned at 8 : 05 P.M. Approved this /.3 T74 day of 4-0-- {GA . 1991 . X? AdAt-ei Chairman 7.Thwov,r1 L , /U2iL 01-1 Secretary Planning & Zoning Regular Meeting January 9 , 1991 Page 2 of 2