HomeMy WebLinkAboutMinutes 03-13-1991 CAPE CANAVERAL
PLANNING & ZONING BOARD
REGULAR MEETING
MARCH 13 , 1991
A Regular Meeting of the Planning & Zoning Board of the City of
Cape Canaveral , Florida , was held on March 13 , 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
Fred DiStasio Alternate
OTHERS PRESENT
Kohn Bennett Deputy City Attorney
James Morgan Building Official
Thomas Kleving Building Inspector
Susan Nelson Secretary
Mr. Berger moved to approve the minutes of February 27 , 1991 as
submitted. Mr. Thurm seconded the motion. Motion carried
unanimously.
Chairman Russell announced that the order of business listed on the
agenda would be reversed due to the fact that the City Attorney
needed to leave the meeting early. The Board members had no
objection.
DISCUSSION
1 . Discussion Re : Special Exceptions and Variances
Chairman Russell explained that some special exceptions and
variances had been granted which had never been used. He noted
that special exceptions run with the property and may increase
property values .
The City Attorney advised that he had researched Florida case law
on Variances and Special Exceptions and recapped his findings :
some cities impose reasonable time restrictions ; one city
stipulated that if a reasonable time had not been established, the
granted variance would automatically expire at six (6) months ; some
cities terminate the special exception when the ownership of
property is transferred. He noted that the Florida courts had not
agreed that a special exception ran with the land. Discussion
followed.
Mr. John Ribar , a citizen, stated that he had purchased a piece of
property on Canaveral Beach Boulevard with the contingency that the
granted special exception would continue with the land. He
inquired if the Board intended to place a time limit on previously
granted special exceptions .
Planning & Zoning
Regular Meeting
March 13 , 1991
Page 1 of 2
Chairman Russell explained that it was his opinion that any special
exception or variance previously granted would remain the same .
He noted that the Board members were reviewing the ordinance.
Leo Nicholas , a citizen, stated that when an applicant requested
a special exception or variance , the Board based their decision on
the concept that was presented to them and acts accordingly. It
was his opinion that when an ownership changed, the new owner (s)
intention for use could be different from the previous owner (s ) .
Mr. Thurm voiced his opinion that an applicant should not request
a special exception or variance until ready to use it in order to
avoid a granted special exception or variance never being used.
Discussion was held on a possible time limit or expiration being
established on future granted special exceptions or variances . The
Board members also discussed previously granted special exceptions
being abandoned or changed.
The Board members reviewed Chapter 643 , Legally Established Non-
Conforming Lots , Non-Conforming Structures , and Non-Conforming
Uses , of the City of Cape Canaveral Zoning Regulations . Discussion
followed.
Chairman Russell requested that this item be placed on the next
scheduled agenda for further discussion.
2 . Discussion Re : Establishing Landscaping Regulations , Amending
Section 641 . 43 of the Zoning Regulations
The Board members reviewed the Landscaping Regulations . Discussion
followed.
Mr. Berger moved to recommend approval of the Landscaping
Regulations , Amending Section 641 . 43 of the Zoning Regulations to
City Council with the understanding that the typographical changes
be made as highlighted. Ms . Wheeler seconded the motion. Motion
carried unanimously.
There being no further business , the meeting was adjourned at 8 : 45
P.M.
Approved this = day of II `OXC , 1991 .
{
Chairman �,0000"�
%inn L. Niklun
Secretary
Planning & Zoning
Regular Meeting
March 13 , 1991
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