HomeMy WebLinkAboutAppeal ORDER of CAB approval conditions P
IN AND BEFORE THE CITY COUNCIL
FOR THE CITY OF CAPE CANAVERAL
In re: Xtreme Fun,LLC,Applicant
Community Appearance Board Request No. 12-01
(Beachwave Complex)
ORDER
This cause, having come on to be heard before the City Council of the City of Cape
Canaveral,Florida,on March 20,2012,pursuant to section 110-33, City of Cape Canaveral Code
of Ordinances("City Code"),on Xtreme Fun,LLC's appeal of Community Appearance Board Order
for Request No. 12-01, seeking approval of the Beachwave Complex located at 8801 Astronaut
Boulevard, Cape Canaveral, Florida, and the City Council having heard and considered testimony
and evidence presented in the case and being otherwise fully advised in the premises does hereby
find as follows:
The City Council is solely responsible for hearing an appeal of a final decision issued by the
City's Community Appearance Board. See sections 22-46 and 110-33, City Code. The City
Council's consideration of the Community Appearance Board's final decision shall be de novo. See
section 110-33, City Code. The City Council is required to hear and consider the evidence and
testimony of any interested party and to either affirm or reverse,wholly or in part, the decision of
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the Community Appearance Board. Id.
On February 28, 2012, the Community Appearance Board considered Request No. 12-01,
seeking approval of the Beachwave Complex. After considering the evidence and testimony
presented,the Community Appearance Board approved the request subject to the following six(6)
conditions:
1. Reduce/eliminate the parapets across the front and side;
2. Lower all towers, except for the central tower over the entrance.
3. Add landscaping around the base of the building and sidewalk along the front of the
building.
4. Provide a wainscot type treatment of dissimilar material below the windows.
5. Extend the existing horizontal band located over the entry doors, across each of the
three stacked high windows to either side of the central entrance.
6. Provide additional banding around the back of the building and vertical pilaster to
break up the horizontal expanse of the stated warehouse area.
The Applicant timely filed an appeal, seeking that conditions 1, 2, 3 and 5 be eliminated as
conditions of approval.
The City Council of the City of Cape Canaveral,having conducted a de novo hearing
and review of the Applicant's Request, having considered the evidence and testimony of the
Applicant, City staff, and members of the public, hereby Orders as follows:
Request No. 12-01 is Approved subject to the following conditions:
1. Applicant shall provide a wainscot type treatment of dissimilar material below
the windows.
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2. Applicant shall provide additional banding around the back of the building and
vertical pilaster to break up the horizontal expanse of the warehouse area.
3. Applicant shall provide a parapet along the rear(west)elevation of the building
to visually shield the rooftop mechanical equipment.
DONE AND ORDERED THIS 20'ru DAY OF MARCH, 2012.
G
ROCKY RANDALS, Mayor
ATTEST: For Against
John Bond 2"
Bob Hong Motion
.
AN LA APPERWON, City Clerk
Buzz Petsos
Rocky Randels _x_
BettyWalsh X-
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