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HomeMy WebLinkAboutVariance No 09-03 (Fence)City of Cape Canaveral APPLICATION FOR VARIANCE Variance Request No. 09-03 to&w a 6ft. high fence in the C -`Boning district - Jungle Villagt 8801 Astronaut Blvd. Date Filed (o - 40-6C] Pee PaidOpp Wig pee is non-refundable Description of Request: (Insure that the specific sections of the Zoning Ordinance lihat allow dc support your request are noted). Attach separate sheet if necessary. _0 t Address of request—mi. 61(t7_nguaT EW., ten� Legal Description: Lot(s)-,2.Block y9 . Subdivision f . nP9 )2eorl .6raCA 24371500 817 Section IS - Township—i&4. pp�� PT OF RECLAIMED LANDS AS DESC IN p a4 - Range2j.. See Tax Roll for extra legal. STATEMENT OF FACT: State of Florida, County of Brevard I, Uy iAI being duly sworn, depose and say that _A I am the owner. I am the owner(s) designated agent.(Attach notarized letter of authorization). Owner(s) Name: Lh vil\ �—... Address: 1:7"� ;m' n i Home Phone: Work Phone:32/ 7MI d4ft FAX All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before me Signature of Applicant: on this day FJ- at +t '. W 9 .,y Aa f C. RANCOCK 6 ft' Publk. Slab of Florida Notary cab 'c, State of Florida Oomasse aw oo7aron MY comm. expires Oct ?0 2011 The completed request to= and the $250.00 filing fee most be files" follows, Requests for Variance,14 days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. FOR -CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No on Notice posted on Bulletin Board on _ Notice posted on subject property on _ Property owners w/ in 500 ft nodi ied on 07/01/2009 4:03 PK 0065300 Variance Application/ Aug.00/Page 1 of 4 focal CA. we Cash Asount {0.00 cal 41�'m 0sourt t[50.00 f[aLance Request No. 09-03 mallow a 6ft. high fence in the VARIANCE APPLICATION3yORKSHE CA zoning district - Jungle Villagt 8801 Astronaut Blvd. This worksheet must be completed, legible, and returned, with all required enclosures referred to therein, to the Building Department; at least 14 days prior to the scheduled meeting to be processed for consideration by the Planning and Zoning Board for study and recommendation to the Board of Adjustments. you and your representative are required to attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning & Zoning Board holds its regular meeting on the 2nd and 4th Wednesdays of every month at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT (attach notarized letter of authorization if not actual owner) 2. PROPERTY DDRFSS OF RE UEST• if dress is gpt available, give general location) 1 �,s n 4 t".t ( I. no /' Venal r 24 371500 817 3, COMPLETE LEGAL DESCRIPTION OF PROPERTY, PT OF RECLAIMED LANDS As DESC IN See Tax Roll for extra legal. Lot_ . Block:_ _ Subdivmon _ Parcel• F317. 0 Sectionti_ js `; Twp, nn z q,3. Rge• & � & 4. Size of Subject Property (calculate aamge): W-b 5. Ordinance Section under which Variance is being sought I i0 — t} r%6 Lb 6. Current Zoning Classification of Subject property: C'.— I 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information. 8. 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, PLEASE ADDRESS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING, THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/ Aug.00/Page 2 of 4 THE CONDITIONS ARE AS FOLLOWS AND n7245 (A) THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 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 nr , ro'i�n..l sn 0.12o2 P�.r ,}yrs, c�,w,n tom, �W ser a 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 work unnecessary and undue hardship on the applicant C That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant 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. Variance Application/Aug.00/Page 3 of 4 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 or structure. F. 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. 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 B04UU OF THE COMMUNITY AS A WHOLE BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY 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 SUppOrr 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. 9. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents most be attached to this submittal, a. Notarized affidavit of all property owners. b. Check for the required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURATE BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT. APPLICANT SIGNATURE: d' "'n GG / Variance Application/Aug.00/Page 4 of 4 Call to Order Roll Call City of Cape Canaver Community Development Department D OF ADJUSTMENT MEETING AGENDA 111 POI X AVENUE AUGUST 31, 2009 7:00 P.M. NEW BUSINESS: 1. Motion: Approval of Meeting Minutes - June 22, 2009. 2. Motion Re: Variance Request No. 09-03 to Allow a Six -Foot High Chain Link Fence Within 25 Feet pf a Public Right -of -Way in the G 1 Zoning District, (8801 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 817.0 - David Gal, Applicant for Xtreme Fun, LLC, Petitioner. OPEN DISCUSSION: ADJouluv: Pursuant to Section 286.1015, 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 allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi -Judicial Board members who may or may not participate in Board discussions held at this public meeting. 7510 N. Atlantic Avenue • Post OfficeBox 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 m ..cityofcaperanaveral.org • email: ccapecanaveral@c0.rr.com City of Cape Canaveral Board of Adjustment Meeting Minutes June 22, 2009 A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 22, 2009 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. John Bond, Chairperson, called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Paula Collins Dennis Jenkins George Sweetman Linda Brown Douglas Raymond OTHERS PRESENT: Bea McNeely Susan Chapman Deborah Nutcher Barry Brown Chairperson Vice Chairperson 1 st Alternate Ex -Officio Member Secretary Acting Assistant City Attorney Planning & Development Director All persons giving testimony were sworn in by Deborah Nutcher, Acting Assistant City Attorney. NEW BUSINESS 1. Motion to Aoorove the Meeting Minutes of March 16 2009 Motion by Paula Collins, seconded by Dennis Jenkins, to approve the meeting minutes of March 16, 2009. Vote on the motion carried unanimously. 2. Chairperson Bond read the agenda item into the record. Barry Brown, Planning & Development Director, advised that the Board of Adjustment is to evaluate requests that come before them, per the code, Section 110-39 (C)(1-7), which has specific impacts and issues to be addressed. He believed it was all right to express personal opinion about certain things, however when a motion is made to approve or deny a request, that they follow the established criteria as established in the code. A Board of Adjustment Meeting Minutes June 22, 2009 Page 2 Barry Brown, Planning Director, reported that the request was for a Special Exception to allow for the on -premise consumption of alcoholic beverages, as per Section 110-171(a); the applicant was John Porter; the property owner was John Porter Banana River LP; the subject property was the former Azteca Restaurant property, located at 6395 North Atlantic Avenue; the subject property was located on the west side of A1A, just north of Funntasia Golf and Games, between Holman Avenue to the south and Cape Shores Drive to the north; the Future Land Use and Zoning designation was C-1 commercial; the surrounding zoning included: C-1 commercial to the north, commercial in unincorporated Brevard County to the east; C-1 commercial to the south; and R-3 residential to the west. Surrounding uses consisted of residential to the north, Lido Cabaret and Sky King Fireworks to the east, Funntasia Golf and Games to the south, and undeveloped property and residential homes to the west along the river. Mr. Brown explained that the applicant owned the restaurant property and surrounding properties to the north, south and west; the applicant was currently renovating the former Azteca restaurant building; this would be the new location for Boston Beef and Seafood, which was moving from its current location further north on A1A; the property formerly had a Special Exception for the consumption of alcoholic beverages, but it expired 18 months after the Azteca Restaurant ceased operations. Mr. Brown advised that the City code called for a restaurant to have a minimum distance of 2,000 ft. separation from another establishment serving alcoholic beverages; plans for the new restaurant called for 200 seats; the operator of Boston Beef and Seafood intended to continue his fare of beef and fried seafood in the front portion of the new building; the rear of the building would be a traditional full service, sit down restaurant that would have expanded offerings; it would include: broiled and baked seafood, Greek specialties, breads, and pies. Mr. Brown gave his staff analysis of the special exception request, as follows • The establishment was not within 300 ft of any existing church, school, or playground. • The establishment was not within 300 ft. of the mean high water line of the Atlantic Ocean or the Banana River. • The use was compatible, as it was located on A1A, in established commercial areas; and it was buffered from residential uses by distance, natural vegetation, and other uses. • The scale and intensity of the special exception will be compatible and harmonious with adjacent land uses; this was an appropriate location for a restaurant for decades and continues to be; the building was appropriately sized and the intensity of use was in keeping with other C-1 uses along A1A. 3 Board of Adjustment Meeting Minutes June 22, 2009 Page 3 • The traffic generated volume and type, will not adversely impact land use activities in the immediate vicinity. This use is appropriately located and buffered from residential uses. • Noise in the area is generated by traffic on A1A. Lighting would meet Code so not to spillover to adjoining property, No vibration is involved as the site is already developed and there will be no need for compaction. Odor could emanate from the dumpster, but this would be addressed through code enforcement, if necessary. The site is already developed and no additional stormwater runoff would be generated. • The residential area to the West and along the Banana River is buffered by natural landscaping on the adjoining property, also owned by the applicant. • The size, shape, access, and internal circulation are adequate to accommodate the proposed scale and intensity of a restaurant. • Signs have not yet been permitted, but will meet City code. The lighting must meet City code and will not be allowed to spillover to adjoining properties. • The proposed hours of operation are 8 a.m. to 2 a.m., according to State liquor laws. • There are adequate off-street parking and loading areas. The site is only two spaces short to be in compliance with city code. If the restaurant seating increases, per city code, additional parking can be provided off-site within 500 ft. The applicant owns all adjoining properties, so additional parking can be accommodated. • There is adequate ingress and egress. There are two driveways with direct access from A1A. The drive isle circles the building for good emergency access. Also, the property is connected through the Funntasia golf and Game property to the signaled intersection on Holman and AIA. • The use will generate customer traffic and delivery trucks. • There are adequate on-site loading and unloading areas. • There is existing development that is adequately served by public services. • The proposed special exception would not create any unusual demand for police, fire, or emergency services. • The proposed use will not have an adverse impact on public services, including: water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. 4 Board of Adjustment Meeting Minutes June 22, 2009 Page 4 • There will be adequate refuse facility for the use and the dumpster will be properly located and screened as required by city code. • The property is already developed and will not have any adverse impact on the natural environment, including: air, water, noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards. • The proposed use will have no adverse impact on historic, scenic, and cultural resources. In fact, the proposed use will be the resurrection of a restaurant that was a part of the City since the 1960s. • The proposed use will not have an adverse impact on the local economy. Boston Beef and Seafood's move to this location would allow it to expand and hire additional employees. Putting the building back into use would increase the property value and therefore, local government revenues. The rehabilitation of the property would also beautify the area and may increase value of surrounding properties. • The proposed use is consistent with the intent of the Comprehensive Plan and the C-1 commercial land use and zoning district. • The property is already developed, and, therefore, grandfathered for most of the requirements of the zoning district, including: lot requirements, building setbacks, lot coverage, height, buffers, off- site parking, and storage. Signs and landscaping would be addressed during later permitting phases. The Board members pointed -out a few scrivener errors on Mr. Brown's staff analysis, which were corrected, before entering the document into the record. Mr. Brown advised that when staff originally looked at the request, they reviewed it for more that just alcohol. Staff looked at other proposed uses on this property and adjoining properties, owned by the Petitioner. He explained that the original application was written to include these other property uses. After deliberation, it was decided to just go forward and obtain the reinstatement of the alcohol for the restaurant. The applicant was to revise his application, which he thought he had, but in saving the document the previous application was saved, without the changes. That was why the old application was submitted to the Planning & Zoning Board, which caused confusion. Mr. Brown assured that the application was specifically rewritten to address only the special exception for alcohol at the restaurant. He also explained that the submitted site plan did not meet the requirement of the code when it was presented to the Planning & Zoning Board. Subsequently, the Board requested that the site plan be amended to meet the requirements of the code. Mr. Brown verified that all of the Planning & Zoning Board's concerns were satisfied. 5 Board of Adjustment Meeting Minutes June 22, 2009 Page 5 John Porter, Petitioner, testified that his family owned the land since the 1950s; the restaurant was built in the early 1960s; in the 1970s a large addition was built onto the existing structure. Over the past six or seven years, they tried to develop the property different ways, and for one reason or another, the developments never came to be. They still own the property and needed to make a cash flow. Mr. Porter advised that he loved the City and believed AIA should be a show place, and admittedly his property had not been a benefit. When the last contract to develop the property didn't go through, they looked at what could be accomplished. They cleaned out the old buildings and stripped down the restaurant to its bare bones. He advised that the building structure was solid and in good shape and with the city's cooperation he believed the property could be a benefit again, adding value and beauty back to the city; and by granting the special exception it would help them turn the property around. Mr. Porter stated for the record that notices were sent by the city to all properties within a 500 ft. radius, advising the property owners of this request. Chairperson Bond asked the audience if anyone wished to speak. There being none, he asked the Board members for comments. Linda Brown advised that she was glad to see the property was now being taken care of. She was concerned with traffic trying to get in and out. She understood that Boston Beef and Seafood was going to lease the building and asked if anyone knew what was planned for their existing location. Mr. Porter responded that he did not own that property and did not know. George Sweetman commented that he had nothing except good things to say about it and that they were on the right track. Dennis Jenkins concurred with Mr. Sweetman and added he was glad to see that building being renovated and looking better. Paula Collins wished Mr. Porter good luck and hoped everything went well for him. Douglas Raymond wished him good luck and hoped it was successful. John Bond advised that he walked the property and saw the condition of the building. He was aware that Mr. Porter had a lot of work to do, including the roof structure. Mr. Bond advised that this special exception request was not a difficult decision for him, because the property was formerly used as a restaurant with a full bar, so he had no problem with the request. Brief discussion was held regarding the city's new sign code. Mr. Bond stated that he would add a condition onto the motion that the sign meet the new sign code. Deborah Nutcher, Acting City Attorney, advised that the ordinance had only passed first reading, therefore was not enacted. Mr. Porter advised that his intention was to comply with the new sign code. Joyce Hamilton, citizen, commented that this was going to be a very good addition to the city to see the property back in business again. M Board of Adjustment Meeting Minutes June 22, 2009 Page 6 Attorney Nutcher directed the Board members to a checklist that was prepared by Assistant City Attorney, Kate Latorre that the Board should use when making a motion. Attorney Nutcher gave the Board suggestions on how to word the motion. Discussion followed. John Bond made a motion to approve Special Exception Request No. 09-01 to allow on -premise consumption of alcoholic beverages in the C-1 zoning district, at 6395 N. Atlantic Avenue, following staffs recommendation, with no added conditions or safeguards, based on the following reasons: • The applicant's special exception request was authorized by the City Code. • The request is consistent with the City of Cape Canaveral's Comprehensive Plan. • The applicant has demonstrated that the special exception with its proposed scale and intensity, traffic generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. • The applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the special exception requested. • The request will not have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. • The proposed special exception will not have an adverse impact on the natural environment, including: air, water, noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. • The proposed special exception will not have an adverse impact on historic, scenic, and cultural resources, including views and vista, and loss or degradation of cultural and historic resources. • The request will not have an adverse impact on public services, including: water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. • The request will not have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. • The request complies with applicable requirements of federal, state, local law, City Charter, and City Codes. Dennis Jenkins seconded the motion. Vote on the motion carried unanimously. 7 Board of Adjustment Meeting Minutes June 22, 2009 Page 7 OPEN DISCUSSION Barry Brown, Planning Director, gave a visioning workshop update. There being no further business the meeting was adjourned at 7:52 p.m. Approved this _ day of John Bond, Chairperson Susan L. Chapman, Secretary 2009. Roll Call y • City of Cape Canaveral Community Development Department & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE AUGUST 12, 2009 7:00 P.M. 1. Approval of Meeting Minutes: May 27, 2009. 2. Recommendation to the Board of Adjustment Re: Variance Request No. 09-03 to Allow a Six -Foot High Chain Link Fence Within 25 Feet of a Public Right -of -Way in the C-1 Zoning District, (8801 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 817.0 - David Gal, Applicant for Xtreme Fun, LLC, Petitioner. 3. Recommendation to City Council Re: Proposed Ordinance Amending Chapter 110 - Non -Conforming Structures - Kate Latorre, Assistant City Attorney. DISCUSSION 1. Senate Bill 360 - Transportation Concurrency Exception Areas - Barry Brown, Planning & Development Director. OPEN DISCUSSION ADTOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City ClerKs office at 868-1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Cmaveral, FL 32920-0326 uilding & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 w cityofcapecanaveral.org • email: ccapecanaveralOcIrccom MEMORANDUM Date: August 6, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: August 12, 2009 P&Z Board Meeting We have two items requiring a recommendation and one staff presentation on this agenda. The first item is a request for a variance from our fence ordinance. Due to vandalism and break-ins, the owner of the Traxx Family Fun Center would like to extend the existing 6 ft. high chain link so that it encompasses the entire property. Our code only allows for a 4 ft. high fence within 25 ft. of the right-of-way. The request is for a six foot high fence within 25 ft. of the right-of-way. The second item is a proposed ordinance revision regarding non -conforming uses and structures. If you have questions about the code changes call Todd Morley, 868-1222. Lastly, I will provide an update on SB 360 entitled the "Community Renewal Act". See Memo to Council in the packet. City of Cape Canaveral, Florida Board of Adjustment August 31, 2009 STAFF REPORT Request: For a Variance to allow for a fence to be 6 feet in height rather than the four feet called for in Sec 110-470(3) of our code. Applicant and owner: David Gal Subject property: The Traxx Family Fun Center located at the northwest comer of Al A and Central Blvd. Future Land Use and Zoning designation: C-1 Commercial. Surrounding zoning: North — C-1, Commercial East — C-2, Commercial South — C-1, Commercial West — R-3, Residential Surrounding uses: North — RaceTrac East—Sheldon Cove South —Zachary's Restaurant West— Puerto del Rio condominiums Description: The Traxx Family Fun Center is an amusement center that includes: go- carts, golf, arcade games, batting cages, and laser tag. A six foot high chain link fence is currently located along the west, north, and portions of the east (Al A) and south (Central) sides of the property. A multi -colored wood fence is currently installed along the remaining portions of the east and south sides of the property at the intersection of AM and Central Blvd. Because of theft and vandalism, the applicant would like to extend the 6 ft. high chain link fence along the remainder of the east and south boundaries to completely enclose and secure the property Section 110-470(3) of our code states: (3) In any commercial or industrial district, no fence or wall in any side or rear yard shall be over eight feet in height or over four feet in height if within 25 feet of any public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, and a fence or wall is used to meet the requirements of section 110-566, the fence or wall shall have a minimum height of six feet and a maximum height of eight feet; According to our code a fence may only be 4 ft. high if located within 25 ft. of the right- of-way. Therefore, the applicant will need a variance to install the requested 6 ft. high chain link fence within 25 ft of the right-of-way. Please see the application and attached reports from the Brevard County Sheriffs Office. While I think our code is appropriate in most cases, I can see where this type of use has special security needs not anticipated by the code. Other businesses in town have equipment that might be the target of thieves, but this type of use probably has more equipment and machines that are desired by thieves. The amusement center does not operate 24 hours per day nor does it have on-site security 24 hmtday. Also, Funntasia, the other amusement center in our City, has a 6 ft. high chain link fence around the perimeter of its operation. In addition, the chain link fence is probably safer from a child containment standpoint than the existing fence. Staff Recommendation to Planning and Zoning: Staff recommends approval with the condition that the existing multi -colored wooden fence be removed. Planning and Zoning Recommendation: Planning and Zoning recommended approval with the following conditions: 1. The new fence shall be located a minimum of 2 1/2 feet from the existing sidewalk and on the applicant's property. 2. The existing wooden fence shall be removed when the new fence is installed Staff Recommendation to the Board of Adjustment: Staff recommends approval with the conditions recommended by the Planning and Zoning Board as well as the following: 1. The Variance be conditioned on the property remaining in the current use as an amusement center. 2. The entire fence, including chain link, rails, and posts be vinyl coated and in either dark green, dark brown, or black color. 0 City of Cape Canaveral, Florida Planning and Zoning Board August 12, 2009 STAFF REPORT Request: For a Variance to allow for fence to be 6 feet in height rather than the four feet called for in Sec 110-470(3) of our code. Applicant and Owner: David Gal Subject property: The Traxx Family Fun Center located at the northwest corner of AM and Central Blvd. Future Land Use and Zoning designation: C-1 Commercial. Surrounding zoning: North — C-1, Commercial East—C-2, Commercial South — C-1, Commercial West — R-3, Residential Surrounding uses: North — RaceTrac East — Sheldon Cove South — Zachary s Restaurant West — Puerto del Rio condominiums Description: The Traxx Family Fun Center is an amusement center that includes: go- carts, golf, arcade games, batting cages, and laser tag. A six foot high chain link fence is currently located along the west, north, and portions of the east (AIA) and south (Central) sides of the property. A multiple colored wood fence is currently installed along the remaining portions of the east and south sides of the property at the intersection of AM and Central Blvd. Because of theft and vandalism, the applicant would like to extend the 6 ft. high chain link fence along the remainder of the east and south boundaries to completely enclose and secure the property Section 110-470(3) of our code states: (3) In any commercial or industrial district, no fence or wall in any side or rear yard shall be over eight feet in height or over four feet in height if within 25 feet of any public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, and a fence or wall is used to meet the requirements of section 110-566, the fence or wall shall have a minimum height of six feet and a maximum height of eight feet; IN 0 0 According to our code a fence may only be 4 ft. high if located within 25 ft. of the right- of-way. Therefore, the applicant will need a variance to install the requested 6 ft. high chain link fence within 25 ft of the right-of-way. Please seethe application and attached reports from the Brevard County Sheriffs Office. While I think our code is appropriate in most cases, I can see where this type of use has special security needs not anticipated by the code. Other businesses in town have equipment that might be the target of thieves, but this type of use probably has more equipment and machines that are desired by thieves. The amusement center does not operate 24 hours per day nor does it have on-site security 24 hrs/day. Also, Funntasia, the other amusement center in our City, has a 6 ft. high chain link fence around the perimeter of its operation. In addition, the chain link fence is probably more safe from a child containment standpoint than the existing fence. Staff Recommendation: Staff recommends approval with the condition that the existing multi -colored wooden fence be removed. ARTICLE H. PROCEDURE; LANI, jjSE DECISIONS* • Page 1 of 1 Sec. 110-37. Procedure. (a) The planning and zoning board shall be required to review all variance applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. (b) Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. (c) 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 circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (d) Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved or any use expressly or by implication prohibited by this chapter. (Ord. No. 11-2005, § 2, 6-21-05) http://Iibrary8.municode.com/default-tesVDocView/12642/1/194/196 8/6/2009 S�y Memo Date: August 3, 2009 To: Barry Brown, Planning and Development Director From: Todd Morley, Building Oficial RE: Ordinance amendment re nonconforming structures Please place the attached ordinance revision on an upcoming Planning and Zoning Board agenda for consideration and recommendation to City Council. This amendment is intended to clarify the kinds of improvements that can be performed on nonconforming structures and structures supporting a nonconforming use. Key points: • Expressly defines terms "structural alterations" and "routine maintenance and repair". • Removes the language allowing "strengthening to a safe condition". Currently, our ordinance allows a structurally -deteriorated non -conforming building to endure indefinitely by undergoing any type of needed renovation, even structural renovation. This is despite the stated intent of the section which calls for the elimination of nonconforming structures by not allowing a nonconforming structure to be substantially rebuilt so as to extend the ordinary and natural life of a nonconforming structure. This new draft says that a non -conforming structure can undergo routine repair and maintenance - up to 50% of its value each year - but not for structural work. The thinking is — if you care enough about the structural aspects of your non -conformity you'll be sure to tend to the structural items through routine repair and maintenance. Scraping rust off of steel beams, painting exterior wood walls, replacing the roof when worn, etc. — in this way, (nature permitting) you could keep a non -conforming structure intact for a very long time. But if you don't tend to the maintenance of the structural items, they'll become dilapidated and eventually end up needing to be replaced. If you get to this point, it's considered a structural alteration and is prohibited. Memo Date: July 14, 2009 To: Barry Brown, Planning Director From: Todd Morley, Building al RE: Variance Request 09-03,6 ft. fence at Jungle VBlaye (8801 As4onaut BhNL) The applicant requests a variance from section 110.470(3), which states: In an% conunercial or industrial district. no fence or wall in raw side or rear card shall be mer eight feet in height or over four feet in height if within 25 feet of am public right-of-way. When the boundary of a comnxrcial or industrial zoning district abuts any residential inning district, and a fence or wall is used to meet the requirements of section 110-566, the fence or wall shall have a minimum height of sic feel and a mecinrnm height of eight feet The application indicated that BCSO reports were to be included. I did not see them. However, I understand that numerous investigations have been conducted by deputies and I agree that a six ft. fence around the perimeter of the property would help prevent crime at this site. I support the variance request, provided that no portion of the new fence violates the 25 ft. visibility triangle (Sec. 110-469). Note: per sec. 110470(5) If chain-link is used for fencing, it must have a top rail and the rail and chain-link must be coaled in a rubber or vinyl material. —l- LLVA?, U -- MNo-- - - -YLLI Od '01 9 H35Y3 ]df .OI N04YJ0] mlY. 4 I � I � I I ONINYYd O d)M d]M " d]M w "ST d]M / I Jd I MN ell, I a I N I I vI mI m / oj mml N I Vy L��l i �I I / 1 1 I � , ' IAo �M (y —l- LLVA?, U -- MNo-- - - -YLLI Od '01 9 H35Y3 ]df .OI N04YJ0] mlY. 4 I � I � I I ONINYYd O d)M d]M " d]M w "ST d]M MEMORANDUM TO: Susan Chapman Administrative Assistant Community Development Department FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 07/13/09 RE: Variance Request Jungle Village Public Works staff has reviewed the variance request for the referenced property and has no comments. MEMORANDUM DATE: July 13, 2009 TO: Public Works Dept., Attn: Jeff Ratliff, Assistant Director CCVFD, Attn: John Cunningham, Assistant Chief Barry Brown, Planning & Development Director Todd Morley, Building Official CC: Bennett Boucher, City Manager FROM: Susan Chapman, Administrative Assistant Community Development Department RE: Variance Request No. 09.03 to Allow a 6 ft. high fence within the 25 ft. setback in the C-1 Zoning District - Jungle Village, 8801 Astronaut Boulevard - David Gal, Property Owner/Petitioner Enclosed is a request for a Variance to allow a 6 ft. high fence within the 25 ft. setback in the C-1 zoning district at Jungle Village, 8801 Astronaut Boulevard. Please review the request and forward any comments or concerns to me no later than Monday, July 20th or a staff report stating that you have no comments or concerns. We will be scheduling this request before the Planning & Zoning Board at the August 12th meeting. Thanks. MEMORANDUM Date: August 26, 2009 To: Board of Adjustment members From: Barry Brown, Planning and Development Director RE: August 31, 2009 Board of Adjustment Meeting We have one item requiring an order from the Board. The item is a request for a variance from our fence ordinance. Due to vandalism and break-ins, the owner of the Traxx Family Fun Center would like to extend the existing 6 ft. high chain link so that ft encompasses the entire property. Our code only allows for a 4 ft. high fence if it is located within 25 ft. of the right-of-way. The variance request is for a six foot high fence within 25 ft. of the right-of-way. I have included the code criteria by which variance requests are to be evaluated. Don't hesitate to call me if you have questions, 868-1206. 4� F® Ammd 44C. 8801 Astronaut Blvd Cape Ca rveral, FL. 32920 321-783-184 City of Cape Canaveral 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 June 25, 2009 RE: Plan Review Variance Currently 80% of the property perimeters are enclosed with a 6 ft. chain link fence and the golf area enclosed with a 4 ft. wood fence. Our security plan involves the installation of a 6 ft. chain link fence around the remaining 20% of the property coupled with a strategically designed high tech alarm system encompassing the entire property that will curtail if not completely eliminate the late night vandalism and break-ins occurring at our facility that has been targeted by teens and young adults. We are requesting the variance to provide safety for our facility when not in operation. Granting our request will likewise offer assistance to the City of Cape Canaveral Police Department in apprehending possible perpetrators. The attached police reports will validate our losses (income and equipment) and the need for additional security measures to protect our property. Sincerely, David Gal Oshri Gal Owner i 'S 0 Corporate Warranty Deed This Indenwrq made, May _LZ, 2004 AD. Between l.ybm Amusemem, fae. "a— lama -ff-eddtess is: 8801 As.., BoWevard, Cape Csnavml, FL 32920 a coryomdoa Waanng otWer t ,laws ofdx Stam of FloslCa Gss ator sad Xmene Foo, LLC, a Florid. Llodted Liability Company undine port officr adch ss u: 185 Cows Brach Wxusewwy, Catch Beech, FL 32931, Gedmo, �Ston Ei/is M OI(;q„y, I1mveN Cowy YPga.2 YNemM:2 (Yet 1.50 qYc: BPo Serv: O.W (Waal:0m Eiufe: 000 ee IMyu: ON ft",an ttalWaw,apa: 5305 / 1185 WRceesefh, that dr said C r, far add as wreidem0un a dr ads, of Tea and 111M DOBms ($10.00 ). bit is Wed paid ds,,ds,,Ormu by said e, da,Wta,t a,b f t is ruby ukmwbdged, has gusted, in bar, und win m the said G®ke forever. %e followdeunbed bad, simam, lying said Wing at taa Cowry of Bmatd, Store off m wit SEE EXRIBIT "A" ATTACKED FOR LEGAL DESCRIPTION S.bjwt to mus for the carred, year, ca arab, msai,taom aad naemwn ofrccord, ifeny. Pastel tdevdficadun Number: Z 374id 17 And tW said Cnantm does hmeby Wily wmraat tW dde m said lend, and wBt defend tlr amm afd. d. hwfd ohma 0f W perwm wmosmaevm. In Wib,ese Whereof, tW said Cmw hss caused this imaument m W aumed h ib aamn by ib dWym Wd doSm sad caused its costsWate awl m beatFx<d tW day aM Year fust about w dna. Sfgned,dd ededfn 0.,Preaenee: wr•-,„..� KgREN REEVE$ Stan, of Florida County of Brevard lir fortgoiag WNWam t win uk..kdld Wfore mad, Amuaersent, W. A wrporatma exisdng Nada We has, of He SW h pmunaBY kwwn m.0, Ws produced div Prepared by: drk'ita 4s, Supesior Tide lass. ABeacY. lac., 1980 N. Atlanta, Avmme, Suim 807 Cache Beach, Flonde 32931 File bl , . 04.1351 C ianl Cbi�e FlmiN Capnn RaNinM (Caaprafa 5e.0 My Commissiaa E,dea:: [WIA Y.IH�p.A 9rwuNts3w. roo mama rw,cs 11111111111111111 CMM164373 164373 me .w 5305 / 1186 DESCRIPTION. u Page 1 of 1 Jim Ford, CFA Omme" Caunty Property Appraiser - Yap Seareh Z M Ilawf ccoun owner Property Address F.rc.I ld..tftr To TREME FUN 801 ASTRONAUT 437-15-00-00817.0. t M1 IWWLC LVD 000.0 http://www.brevardpropertyappraiser.comiseripts/esrimap.dll?name=Brevardl &id --200906... 6/30/2009 0 0 1111MME �M:�,edm -eaaww: 5305 / 1186 DESCRIPTION: Law Call #091040055 Ll Detailed History for Law CaH #091040055 As of 6/23/2009 08:41:01 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC L,Mrnccehtwn W CENTRAL BL and IMPERIAL BL Created: 04/t440090L•01:09 SUPE Page I of I PrimeUnit:536 Dispo:C7 Typc:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Caseli:B09113859 ❑s� Detail 7 Entered: 04/14400901:02:41 SUPE 0347 Dispatch: 04/14400901:03:21 EAST 0942 Enroute: 04/14400901.03:27 EAST 0942 Onscene: O4/14a0090t:05:07 EAST 0942 Control: 04/14al)99 01:11:251FEAST 0942/EAST 0942 Closed: 141200901:51:25 EAST 0942 Page I of I PrimeUnit:536 Dispo:C7 Typc:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Caseli:B09113859 ❑s� Detail 01:01:09 CREATE 0347/SUPR Location:8801 ASTRONAUT BICC Type:40B Name:EXTREME FUN Phone:3216980134 Source:ADMI Precinct:CP GZone:37 TypeDesc:ALARM BUSN LocCross:btwn W CENTRAL BL and IMPERIAL BL Priority:2 Agency:BCSO LmType:S 01:02:41 ENTRY Urgency:None 11t Comment:AUD IND GOLF DOOR.. T881S T51 UNK NAME IN A AVALANCHE SIL ETA 10-15 MINS.. ABSOLUTE PROTECTION TEAM 800 4321429 OPER/MIKE 01:02:41-PREMIS Comment:PPR 01:02:42 NOMORE 01:02:58 SELECT 0942/EAST 01:02:59 INFO 0347/SUPR Comment:REF 89979172 01:03:21 DISP 0942/EAST 536 DeptID:0783 OperNames:HOLMES, JASON 01:03:21 -PARI 536 01:03:21 CASE 536 Case#:1109113559 01.03:21 -HOLD 01:03:27 BACKER 506E UnitID:536 DeptID:0078 OperNames:STAFFORD, HAROLD 01:03:34 ENRTE 536 01:04:45 BACKUP K3 DeptID:0609 OperNames:FRITZ, BRIAN 01:04:46 ENRTE K3 01:05:07 ONSCN 536 01:05:10 ONSCN 506E 01:06:05 ONSCN K3 01.11:25 OK 536 K3 506E 01:16:41 PRMPT K3 01.18:06 OK 536506E Comment:T13 T4 01:20:12 MISC 536 Comment:WE JUST REACTIVATED ALARM 01:23:48 CONTCT 536506E Contact: 15 01:41:44 OK 536506E Comment:T13 T4 01:47:30 CONTCT 536506E Contact:15 01:48:24 CHANGE 536 Typc:40B—>21B Priority:2,3 Typel) sc:ALARM BUSN— BURG BUSN 01:48:34 CLEAR 536 Dispo:C7 Comment:ATTEMPTED 21B 01:48:34-PRIU 536 01:51:28 CLEAR 506E 01:51:28 CLEAR 01:51:28 CLOSE h1tp://10.3.0.13/CADPRD/Html/SystemDocs/CADlnterface.aspx?IIIQ+%23091040055 6/23/2009 Law Call #081620148 Page I of 2 r • 0 Detailed History for Law Call #081620148 As of 6/23/2009 08:37:39 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BICC LocCross:btwn W CENTRAL BL and IMPERIAL BL Created: 06/10200804:53:02 SUPR 0447 Entered: Dispatch: 06/10200804:54:36 SUPR 06/10200804:55:12 EAST 0447 0056 Enroute: 06/10200804:55:12 EAST® Onscene: 06/10200804:58:21 JEAST 10056 Control: Closed: 06/10200805:58:23 EAST 06/10200811:27:02 SUPR 0451 0372 PrimeUnit:537 Dispo:C7 Type:21B - BURG BUSN Agency:BCSO Precinet:CP Zone:37 Zone:37 Case#:1108167215 ❑Detail 04:53:02 CREATE Localion:8801 ASTRONAUT BICC Type:40131 Name:EXTREME FUN Phone:3217830595 Precinct:CP GZone:37 TypeDesc:ALARM BUSN LocCmm:btwn W CENTRAL BL and IMPERIAL BL Priority:2 Agency:BCSO LocType:S 04:54:36 ENTRY Comment:AUD IND..MAINTENANCE GATE AND GARAGE OVER HEAD DOOR ABSOLUTE PROTECTION 8004321429 ID/CHARISE T88 T52 OSHRI GAL T52 15 MINS IN A SILVER AVALANCHE REF #33900161 04:54:36-PREMIS Commenl:PPR 04:54:37 NOMORE 04:54:45 SELECT 04:55:12 DISPER 537 DeptID:09240perNames:STEUERWALD, ADAM 04:55:12 -PRIU 537 04:55:12 -CASE 537 Case#:B08167215 04:55:15 -HOLD 04:58:21 ONSCN 537 05:02:48 MISC 537 CommentT33 05:02:59 BACKOS 205E UnitID:537 DeptID:0307 OperNames:MOSEBACH, THOMAS 05:14:04 BACKOS K3 UnitID:205E DeptID:0609 OperNames:FRITZ, BRIAN 05:14:12 MISC 537 Comment:WERE STARTING A TRACK OUTSIDE 05:16:36 MISC 537 Comment:I DONT SEE HOW THEY GOT THROUGH THIS WINDOW 05:16:46 MLSC 205E Comment:UNSURE 05:21:44 MISC 537 Comment:THEY CUT IN THROUGH THE CEILING BACK HERE 05:21:50 MISC 537 Comment:COME TO THE BACKDOOR 05:24:08 MISC Comment•.205E, IS THE TRACK DONE 05:24:30 MISC CommenC537, CHECKING THE REST OF THE AREA CLEAR THE CHANNEL 05:27:18 BACKUP 505E UnitID:537 DeptID:0527 OperNames:ROSS, JOANNA 05:27:25 ONSCN 05:27:40 MISC 505E 505E Comment:PAGED ON CALL CC CCU AGENT LANDEN 6/10/08 Q0520 HRS 111 447 05:38:25 -XREF Service:P Call:#081620163 Type:65K Ageney:BCSO 05:38:30 PRMPr K3 05:38:45 BACKOS K3 UnitID:205E DeptID:0609 OperNomm:FRITZ,BRIAN 05:39:18 -CLEAR 05:43:06 CHANGE 205E Type:40B-121R Priority:2—>3 TypeDesc:ALARM BUSN—>BURG RESD CommentPER505E 05:44:20 CHANGE 505E Type:21R—>21B TypeDesc:BURG RESD—>BURG BUSN 05:56:39 BACKUP 651 UnitID:505E DeptID:0048 OperNames:LANDEN, JAMES 05:58:23 OK 537 K3 505E http://10.3.0.13/CADPRD/HtmUSystemDms/CADinterface.&Vx?IHQ+O/o23081620149 6/23/2009 0 Page 2 of 2 06:07:34 MISC 505E Comment8801 N ASTRONAUT NEED CRIME SCENE 06:11:51 ENRTE 651 06:13:53 MISC 505E Comment:PAGED ON CALL CRIME SCENE AGT MATTHEWS 06:18:17 CONTCT TO RESPOND 537 Contact:0 06:18:24 CONTCT K3 Contact0 06:22:09 ONSCN 651 06:22:13 OK 651 06:28:49 CONTCT 505E Contact0 06:39:30 BACKER 724 UnitID:505E DeptID:0491 OperNames:MATTHEWS, CANDACED 07:00:50 CONTCT 651 Contact:0 07:20:40 ONSCN 724 07:24:46 BACKOS 501 UnkID:537 DeptiD:0043 OperNames:LUDWIG, JEFFREY 07:50:04 PRMPT K3 07:50:10 CLEAR 537 Dispo:C7 07:50:10.PRtU 537 07:54:43 BACKOS 136 UnitID:651 DeptID:0078 OperNames:STAFFORD, HAROLD L 07:54:53 BACKOS 135 UnitID:136 DeptID:0219 OperNames:DEANS, BRENDA 07:56:40 CONTCT 501 Contact:0 07:56:56 CONTCT 724 Contact:0 08:15:10 CONTCT 135 Conwa:O 08:15:18 CONTCT 136 Contact:0 08:16:27 CLEAR 505E 08:20:07 BACKOS 658 UnitlD:135 DeptID:0643 OperNames:BIECKER, MICHAEL S 08:51:07 OK 658 09:06:56 PRMPT 135 658 09:30:36 -CLEAR 136 09:36:54 PRMPT 501 09:48:01 OK 724 10:11:23 CONTCT 724 Contaet:0 11:24:55 CLEAR 651 11:27:02 CLEAR 724 11:27:02 -CLEAR 11:27:02 CLOSE httte//10.1.0.131C,AT)PRT)/Html/Cvatemr) ccJC.ADTntmface.a.¢nx7TTTO+o/n21UR1F2D14R 6/21/2009 Law Call#081280032 E Detailed History for Law Call #081280032 As of 6/23/2009 08:35:25 Priority:2 Type:218 - BURG BUSH Location:8801 ASTRONAUT BICC LocCross:btwn Created: W CENTRAL UL Son Jn Zj OSl07/200800:51:53 TTY 0417 Entered: 05/07200800:53:17 TTY 0417 Dispatch: 05/07/200800:54:02 EAST 0746 Enrou[e: 05/07/200800:54:02 EASTI 0746 Onscene: 05/07/200801:00:13 EAST 0746 EAST 0746 Control: 05/07/200801:01:53 EAST 0746 Closed: 7/200802:54:1 UAL BL PrimeUnit537 Dispo:C7 Type:21B-BURG BUSN Agency:BCSO Preelnct:CP Zone:37 Zone:37 Case#:808131274 gDetail 00:51:53 CREATE 0417(1TY 00:53:17 ENTRY 00:53:17 -PREMIS 00:53:22 NOMORE 00:53:40 SELECT 00:54:02 DISPER 00:54:02 -PRN 00:54:02 -CASE 00:54:14 -HOLD 00:54:25 BACKER 00:59:30 PRIOR 01.00:13 ONSCN 01:01:53 OK 01:01:57 CONTCT 01:02:33 MISC 01:03:08 OK 01:03:11 CONTCT 01:05:32 BACKER 01:06:24 MISC 01:08:36 ONSCN 01:19:01 CONTCT 01:25:15 OK 01:34:56 OK 01:39:18 PRMPf 01:39:20 -XREF 01:40:09 CONTCT 01:44:15 CLEAR 02:05:14 OK Location:8801 ASTRONAUT BL,CC Typc:40B Name:BEACH WAVE Phone:3217830595 Preeinct:CP GZone:37 TypeDesc:ALARM BUSN LocCross:btwu W CENTRAL BL and IMPERIAL BL Priority:2 Agency:BCSO LocType:S Comment:AUD IND/WEST GAME MOTION..ABSOLUTE PROTECTION TEAM..800 432 1429 OPER/8&..REF/44231100..ATC BUSN NO ANSWER..ATC T88 OSHRI GALL T5215 MINS LSD/SIL AVALACHE.. Comment"R 0746/EAST 537 DeptID:0215 OperNames:STEWART, PAULETTE 537 537 Case#:808131274 506E Unit[D:537 DeptID:0991 OperNames:DIOGO, JASON C Location:8801 ASTRONAUT BL,CC PremType:PPR 537 506E 537 506E CommentCANNOT MAKE ENTRY T23 FORT88 537 506E Contact:30 506E Comment:PER ALARM COMP. BEACH WAVE IS KIOSK INSIDE JUNGLE VILLAGE 537 506E Comment:T88 T12 537 506E Contact15 K3 Unit1D:506E Dept1D:0609 OperNames:FRITZ, BRIAN 537 Comment:ADV T54 ON NEEDING CHANNE14ALARM GOING OFF IN BACKGROUND) K3 537 K3 506E Contact:5 537 K3 506E CommentT4 PER 506E 537 K3 506E CommentT4 K3 Service:P Call:#081280056 Type:65K Ageney:BCSO Comment:BLD AND AREA SEARCH 537 506E Contact:0 506E 537 http://10.3.0.13/CADPRD/Html/SYgtemDOes/CADInterfam.aspx?IHQ+a/x23081280032 6/23/2009 Law Call #081280032 • 02:05:19 CONTCT 02:42:50 CLOS 02:54:10 CLEAR 02:54:10 -PRR7 02:54:10 -CLEAR 02:54:10 CLOSE 537 COntaet:0 537 LA tlon:RACETRAC,CC Comment:T17 537 Type:40B->21B Dispo:C7 537 httm//1D.l0,1'i/C.AnPRT)flltml/Cvatrmikx:a/(.Al)lntrrfnreacnx7lH(l+%�.7DRI�RDI1'iJ. fi//.'ioong Law Call #081190263 Page I of 1 0 _ Detailed History for Law Call #081190263 As of 6/23/2009 08:35:00 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL CC L"Cross:btwn W CENTRAL BL and IMPERIAL BL Created: 04/281200809:33:11 DMCPC 0753 F,n[ered: 0428/200809:33:11 DMCPC 0753 Dis a[ch: 04/28200809:33:11 DMCPC� 582 Enroute: 0428200809:33;11 DMCPC 0753 Onscenw 04/28/200809:33:11 DMCPC 0753 Control: 04/28/200809:46:43 EAST AND MADE ENTRY, UNKNOWN WHAT ITEMS HAVE BEEN TAKEN, HE Closed: &2008 11:03:15 EAST 582 PrimeUnit:136 Dispo:C7 Type:21B -BURG BUSN Agency:BCSO PrecincUCP Zone:37 Zone:37 Case #:B08122043 F Detail 09:33:11 'CREATE 0753/DMCPC Lmation:8801 ASTRONAUT BV, CP 09:33:11 -ENTRY Type:None—>216 Precinct:None-->CPTypeDesc:None—,BURG BUSN 09:36:36 -PRN Prinrity:None—>3 Agency:Nooe—>BCSO CommenCHAVE DEPUTY RESPOND 09:36:36 -HOLD TO ABOVE LOCATION, MAKE T25 W/GILLY FRANCO AT FRONT OF 09:36:56 BACKER BUSINESS 09:33:11 •DISPOS 582 Io ation:8801 ASTRONAUT BY, CP DeptID:0753 OperNames:MOODY, AMY 09:33:11 -PRN 582 09:33:11 -CASE 582 Casek:B08122043 Comment:RAVE DEPUTY RESPOND TO ABOVE 09:56:46 PRMPT LOCATION, MAKE T25 W/GH.LY FRANCO AT FRONT OF BUSINESS 09:32:46-PREMIS Comment(none) 09:33:40'MISC 582 CommeneCALLER GH.LY FRANCO ADVISED HE CAME IN TO OPEN 11:03:45 -CLEAR BUSINESS AND DISCOVERED SOMEONE HAD BROKEN THE WINDOWS 11:03:45 CLOSE AND MADE ENTRY, UNKNOWN WHAT ITEMS HAVE BEEN TAKEN, HE 11:05:27 REDIR HAS NOT ENTERED BLDG, WILL WAIT FOR DEPUTY 09:35:31 PRMPT 0560/EAST 582 09:35:31 -HOLD 582 09:35:36 SELECT 09:36:36 DISPER 136 DeptlD:0078 OperNames:STAFFORD,RAROLDL 09:36:36 -PRN 136 09:36:36 -HOLD 09:36:56 BACKER 505A UnitID:136 Depll D:0024 OperNames:CRANE, RONNIE 09:39:45 ONSCN 505A 09:42:16 ONSCN 136 09:46:43 OK 136 505A 09:56:46 PRMPT 505A 11:03:45 CLEAR 136 Dispo:C7 11.03:45 -PRN 136 11:03:45 -CLEAR 11:03:45 CLOSE 11:05:27 REDIR Location:8801 ASTRONAUT BY, CP—>8801 ASTRONAUT BL,CC GZone:None—>37 Zone:Neati>37 11:04:37-PREMIS Comment:PPR 11:05:30 CV http://10.3.0.13/CADPRD/Html/SystemDoes/CADInterfa .wpx?IHQ+a/x23081190263 6/23/2009 Law Call #080730370 Page 1 of 1 • Detailed History for Law Call #080730370 As of 6/23/2009 08:34:42 Priority:3 Type:34 - CRIMINAL MISCHF Locetion:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL Infu]IUNGLE VILLAGE Created: 03/13200810:43:24 SUPR 0372 Entered: 03/13!200810:44:42 SUPR 0372 Dispatch: 03/13/200810:d7:d4 EAST O451 F.nroute: 0.i/13/200810:52:20 EAST 0051 Onscenc: 03/13/200810:52:20 EAST 11431 Closed: 03/13200811:06:011 EAST 0451 PrimeUnit:506A Dispo:18 Type:34 - CRIMINAL MISCHF Agency:BCSO Preeinct:CP Zone:37 Zone:37 Case#:B08073295 W Detail 10:43:24 CREATE 0372/SUPR Location:8801 ASTRONAUT BL,CC Type:34 Infu:JUNGLE VH.LAGE Name:GAL, OSHRI T25 RPaddr:8801 ASTRONAUT IN, CC Phone:3216980134 Sourfe:ADMI Precinct:CP GZone:37 TypeDesc:CRIMINAL MISCHF Lo Cross:btwn W CENTRAL BL and IMPERIAL BL Priority:3 Agency:BCSO LocType:S 10:44:42 ENTRY Comment:RP IS OUT FRONT UNK SUBJS TRIED TO GAIN ENTRY LAST NIGHT BY BREAKING THE LOCK..ENTRY NOT GAINED TO HIS KNOWLEDGE 10:44:41-PREMIS CommennPPR 10:44:42 NOMORE 10:46:13 SELECT 045VEAST 10:47:44 DLSP 506A DeptID:0200 OperNamee:BARTNIK, TERRY 10:47:44-PRIU 506A 10:47:44 -CASE Case#:B08073295 10:47:38 -HOLD 10:52:20 ONSCN 506A 10:59:58 CONTCT 506A 11:06:00 CLEAR 506A Dispo:18 CommenLPOSS WEATHER RELATED 11:06:00-PRIU 506A 11:06:00 -CLEAR 11:06:00 CLOSE hBrs•//ln 1 n 11/f'AT1PRTl/Himl/RvcrrmTlv.c/C A11Tnt rr ornv9Tpfl+e/,)mRD7iD17D 6mnnno BREVARD COUNTY SHERIFFS OFF = COMPUTER AS DED m I SYATCH TRACKING I NC I DENT NUMBER - 0701 5 8 2 6 9 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 070158269 CASE REPORT ON FILE Case Number: 07158174 Precinct: ccp/ccp Respondents: 215 Zone: 37/37 Type: 38 ( Stolen Property ) Priority: 3 Location: 8801 ASTRONAUT BLVD CAP Origin/Disp.: PHONE /C7 CAD Dispatch /Dates/Times Initial: 06/03/2007 @ 16:10:41 Entry: 06/03/2007 @ 16:10:41 Transfere: 06/03/2007 @ 16:12:15 Dispatch: 06/03/2007 @ 16:36:25 En -Route: 06/03/2007 @ 16:36:25 On -Scene: 06/03/2007 @ 16:52:05 On -Scene Ok: @ Cleared: 06/03/2007 @ 17:57:48 Reportee Information Reportee Address Phone --------------------------------- ------------------------------ - ---- GILLEY, T25, 8801 ASTRONAUT BLVD 3217830595 Operator Comments RP ADV SOMEONE BROKE INTO ARCADE MACHINES AND STOLE THE MONIES IN IT.. JUNGLE VILLAGE [CJACOBS -06/03/07-1613451 T39 505D [CJACOBS -06/03/07-1613451 T39 505D [SPRICE -06/03/07-161214]Initial Law Response Routed [SPRICE -06/03/07-161215]Auto Alert Term:010 C1ass:L Grp:C2 User: CJACOBS [CJACOBS -06/03/07-161348]LL02 View - No Action [CJACOBS -06/03/07-1614047L02 Hold Incident [CJACOBS --06/03/07-163625]DE #8269 435 [CJACOBS -06/03/07-165205]OS 435 [CJACOBS -06/03/07-1757481L02 Agency Cleared [CJACOBS -06/03/07-1757491798 435 0 0 SREVARD COUNTY SH£R S FF S OFF = C£ COMPUTER AS DED D S S PATCH TRACKSNG SNC = DENT NUMBER — 070143755 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 070143755 CASE REPORT ON FILE Case Number: 07143650 Precinct: ccp/ccp Respondents: 200 78 78 Zone: 37/37 Type: 17( Felony ) Priority: 3 Location: .8801 ASTRONAUT BLVD CAP Origin/Disp.: O /14 CAD Dispatch /Dates/Times Initial: 05/21/2007 @ 09:18:56 Entry: 05/21/2007 @ 09:18:56 Transfers: 05/21/2007 @ 09:18:56 Dispatch: 05/21/2007 @ 09:19:30 En -Route: 05/21/2007 @ 09:19:30 On -Scene: 05/21/2007 @ 09:19:30 On -Scene Ok: @ Cleared: 05/21/2007 @ 16:28:18 Reportee Information Reportee Address Phone --------------------------------- ------------------------------------------- JUNGLE, VILLAGE, CC JUNGLE VILLAGE CC 3217830595 Operator Comments [PHUMAN -05/21/07-1005181 xxxxxxxx0004850500046700 0 [PHUMAN -05/21/07-1005181 20070521100500031FRQ FL0050021 1G4HP53L2PH410128 [PHUMAN .-05/21/07-1005181 --NCIC-- [PHUMAN -05/21/07-1005181 1L01FLS1051412455 [RLYNN -05/21/07-091929]Prev Loc: CENTRAL& [RLYNN -05/21/07-0919301P167WT FL AA2007 506A [RLYNN -05/21/07-092044]Previous ESN: 0999 [RLYNN -05/21/07-093418]A 506A 136 [RLYNN -05/21/07--0936257797 136 [RLYNN -05/21/07-093720]CL 136 [CCP [RLYNN -05/21/07-095907]Event Change Alert:015 C1ass:L Grp:CSS Us er:TMYERS - [PHUMAN -05/21/07-100519]Grp:CSS User:TMYERS Auto Narrative Alert [JWILKES -05/21/07-140606]OK 506A [JWILKES -05/21/07-162818]L02 Agency Cleared [JWILKES -05/21/07-162820]T98 506A BREVARD COUNTY SFIER= FF S OFF Z CE COMPUTER AS DED D S SPATCH TRACK2 NG 2NC = DENT NUMBER — 070071714 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 070071714 CASE REPORT ON FILE Case Number: 07071661 Precinct: ccp/ccp Respondents: 256 586 Zone: 37/37 Type: 38 ( Stolen Property ] Priority: 3 Location: 8801 ASTRONAUT BLVD CAP Origin/Disp.: PHONE /C7 CAD Dispatch /Dates/Times Initial: 03/13/2007 @ 17:26:28 Entry: 03/13/2007 @ 17:26:28 Transfers: 03/13/2007 @ 17:27:16 Dispatch: 03/13/2007 @ 17:28:36 En -Route: 03/13/2007 @ 17:28:36 On -Scene: 03/13/2007 @ 17:29:12 On -Scene Ok: @ Cleared: 03/13/2007 @ 18:33:01 Reportee Information Reportee Address Phone ----------------------------------------------------------------- - GIL, 10, 25 8801 ASTRONAUT BLVD,CC 3217830595 Operator Comments JUNGLE VILLAGE .. DAMAGE TO MACHINES POSS HAS SUSP ON TAPE O N 1 OF THEM [ABLUSH -03/13/07-172716]Auto Alert Term:000 Class: Grp: User: bcso [AVELTEN -03/13/07-172836]AE #1714 236 [AVELTEN -03/13/07-172913]AO 236 235 [AVELTEN -03/13/07-173120]AO 235 236 [AVELTEN -03/13/07-173123]OK 236 [AVELTEN -03/13/07-173816]OK 235 [AVELTEN -03/13/07-175004]PDO 236 235 [AVELTEN -03/13/07-175147]OK 235 [AVELTEN -03/13/07-175203]Event Change Alert:000 Class: Grp: Us er:bcso [AVELTEN -03/13/07-183301]L02 Agency Cleared [AVELTEN -03/13/07-183302]T98 235 , C7 [235 -AVELTEN -03/13/07-1833011 C7 0 0 BREVARD COUNTY SFIERS FF S OFF S CE COMPUTER. A2 DED D = SPATCH TRACKSNG 2NC =DENT NUMBER — 060304192 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 060304192 CASE REPORT ON FILE Case Number: 06303906 Precinct: ccp/ccp Respondents: 344 Zone: 37/37 Type: 21B ( Burg Busn ) Priority: 3 Location: 8801 ASTRONAUT BLVD CAP Origin/Disp.: 911 /C7 CAD Dispatch /Dates/Times Initial: 10/28/2006 @ 09:31:37 Entry: 10/28/2006 @ 09:31:37 Transfere: 10/28/2006 @ 09:32:43 Dispatch: 10/28/2006 @ 09:36:43 En -Route: 10/28/2006 @ 09:36:43 On -Scene: 10/28/2006 @ 09:43:29 On -Scene Ok: @ Cleared: 10/28/2006 @ 10:25:35 Reportee Information Reportee Address Phone ______ _____________________________ TRAXX AT JUNGLE VILLAGE Operator Comments ..REQ DEP REF ATTEMPTED BREAK IN LAST NIGHT... [AROMEO -10/28/06-093243]Auto Alert Term:010 C1ass:L Grp:C2 User: RLYNN [RLYNN .-10/28/06-0943307797 436 [RLYNN -10/28/06-102535]L02 Agency Cleared [RLYNN -10/28/06-102537]T98 436 Event#: Precinct: Type: Location: 23xEVARD COUNTY SHERIFF S OFF I COMPUTER AS DED D I SPATCH TRACKING INCIDENT NUMBER - 060284091 BULLET V.5 CAD Interface Sub -System 060284091 CASE REPORT ON FILE ccp/ccp Respondents: 586 586 21B ( Burg Busn ) 8801 ASTRONAUT BLVD CAP v02.00.00 Case Number: 06283811 325 Zone: 37/37 Priority: 3 Origin/Disp.: PHONE /C7 CAD Dispatch /Dates/Times Initial: 10/08/2006 @ 03:41:36 Entry: 10/08/2006 @ 03:41:36 Transfere: 10/08/2006 @ 03:42:51 Dispatch: 10/08/2006 @ 03:43:54 En -Route: 10/08/2006 @ 03:43:54 On -Scene: 10/08/2006 @ 03:45:34 On -Scene Ok: @ Cleared: 10/08/2006 @ 05:12:36 Reportee Information Reportee Address XTREME, FUN, JUNGLE VILLAGE CC Operator Comments ABSOLUTE PROTECTION TEAM ...XTREME FUN AT JUNGLE VILLAGE CALL BACK 800 432 1429 AUD IND 2ND FLOOR DOOR WILL ATC T88 OPER/DOUGLAS Phone 3217830595 [JFRIMOWIT -10/08/06-0351301 505C , ECHO CAN YOU HEAD OVER HERE? [JFRIMOWIT -10/08/06-0351301 505E T4 [JFRIMOWIT -10/08/06-0351301 505C WEST SIDE OF THE BUILD SECOND FLOO R DOOR IS UNSECURE [JFRIMOWIT -10/08/06-0352021 505C , K10 START HEADING THIS WAY [JFRIMOWIT -10/08/06-0353511 T39 TO ALARM CO TO HAVE T88 RESPOND [HGRAHAM -10/08/06-0359401 T88 IS GOING TO SEND MANAGER FRANCO GUILE Y ETA OF 15 MINS UNK WHAT TYPE VEH . [JFRIMOWIT -10/08/06-0351301 505C , ECHO CAN YOU HEAD OVER HERE? [JFRIMOWIT -10/08/06-0351301 505E T4 [JFRIMOWIT -10/08/06-0351301 505C WEST SIDE OF THE BUILD SECOND FLOO R DOOR IS UNSECURE [JFRIMOWIT -10/08/06-0352021 505C , K10 START HEADING THIS WAY [JFRIMOWIT -10/08/06-0353511 T39 TO ALARM CO TO HAVE T88 RESPOND [HGRAHAM -10/08/06-0359401 T88 IS GOING TO SEND MANAGER FRANCO GUILE Y ETA OF 15 MINS UNK WHAT TYPE VEH . [HGRAHAM -10/08/06-034249]Initial Law Response Routed [HGRAHAM -10/08/06-034250]Auto Alert Term:000 Class: Grp: User: bcso [HGRAHAM -10/08/06-034252]Auto Alert Term:010 Class: Grp:C2 User: JFRIMOWIT [JFRIMOWIT -10/08/06-034404]DE #4091 337 [JFRIMOWIT -10/08/06-034427)AE 337 505E [JFRIMOWIT -10/08/06-0345381797 337 0 0 Operator Comments [JFRIMOWIT -10/08/06-034606]T97 505E [JFRIMOWIT -10/08/06-0347093AO 505E 505C [JFRIMOWIT -10/08/06-034939]Immediate Alert: 011 Class:L Grp:C1 User :AWOODY [JFRIMOWIT -10/08/06-0349411Immediate Alert: 000 Class: Grp: User :bcso [JFRIMOWIT -10/08/06-034942]Immediate Alert: 004 Class:L Grp:C3 User :CJACOBS [JFRIMOWIT -10/08/06-034946]Immediate Alert: 001 Class:L Grp:CS User :HGRAHAM [JFRIMOWIT -10/08/06-034949]Immediate Alert: 019 Class:L Grp:CT User :PMILLER [JFRIMOWIT -10/08/06-034951]T33 337 [JFRIMOWIT -10/08/06-035134]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035205]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035216]NAR #4091 [JFRIMOWIT -10/08/06-035355]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035358]Grp:SE User:CJACOBS Auto Narrative Alert [JFRIMOWIT -10/08/06-035538]AO 505C K10 [HGRAHAM -10/08/06-035941]Grp: User:bcso Auto Narrative Alert [HGRAHAM -10/08/06-035944]Grp:SE User:CJACOBS Auto Narrative Alert [HGRAHAM -10/08/06-035946]Grp:C2 User:JFRIMOWIT Auto Narrative Aler t [JFRIMOWIT -10/08/06-041534]T98 K10 [JFRIMOWIT -10/08/06-0437237T98 505E [JFRIMOWIT-10/08/06-043730]Previous Priority: 02 [JFRIMOWIT -10/08/06-0437313Previous Event: 40B [JFRIMOWIT-10/08/06-043732]Previous Law Event: 40B [JFRIMOWIT-10/08/06-043733]Previous Fire Event: 40B [JFRIMOWIT -10/08/06-043734]Previous RESCUE Event: 40B [JFRIMOWIT-10/08/06-043736]Updating Agency Events [JFRIMOWIT -10/08/06-0437453Event Change Alert:000 Class: Grp: Us er:bcso [JFRIMOWIT -10/08/06-043844]OK 337 [JFRIMOWIT -10/08/06-044317]T98 505C [JFRIMOWIT -10/08/06-0512367L02 Agency Cleared [JFRIMOWIT -10/08/06-051237]T98 337 , C7 [337-JFRIMOWIT -10/08/06-0512361 C7 0 0 Draft May 26, 2009 ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE V. OF CHAPTER 110, ZONING, OF THE CITY CODE RELATED TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; DEFINING `STRUCTURAL ALTERATIONS" AND ROUTINE MAINTENANCE AND REPAIR;^ MAKING CONFORMING AMENDMENTS TO SECTIONS 110-191,110- 193 AND 110-198; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIB, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to clarify Chapter 110, Article V, regarding nonconformities, to more clearly define what constitutes structural alterations to nonconforming structures, as well as to clarify the meaning of routine repairs and alterations; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE 1T ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No. -2009 Page 1 of -5 Draft May 26, 2009 ARTICLE V. Sec. 110-191. Intent; rules of interpretation; building and fire codes; definitions. (a) Intent. This article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is designed to provide standards and guidelines for the control and management of nonconforming uses and noncomplying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, accessory and incidental uses, extension, enlargement, replacement, or any other change in characteristic. It is the intent of this article to permit these nonconformities and noncompliances to continue until they require structural alteration or are removed through discontinuance, abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special permit. Such nonconforming uses and structures are declared by this article to be incompatible with permitted uses in the zoning districts involved unless the city council issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. (d) Definitions. As used in this article, the following words shall have the meaning ascribed unless the context clearly indicates otherwise: (6) Structuralalterations shallmeanthe construction orrenovationto anexistine building or structure the replacement or addition of new structural materials, or any change to or rebuilding of existing structural materials. which affects the safety of such building or structure and/or which supports any dead or designed live load. Consideration should be given to whether the change in the structural alteration contributes to the longevity or permanence of the structure, and if the removal of the partmaterial or assembly could cause or be expected to cause all or any portion of the structure to collapse or fail. City of Cape Canaveral Ordinance No. -2009 Page 2 of_ 5 Draft May 16, 1009 fa Routine repair and maintenance shall mean the patching, restoration and/or minor replacement of non-structural materials elements components equipment and/or fixtures forthe purooses ofmaintainine such materials, elements, components, equipment and/or fixtures in good or sound condition. ♦fie Sec. 110-193. Continuance of nonconforming structures. The lawful use of a nonconforming structure may be continued subject to the following provisions: eee fe No such structure shall undergo a structural alteration. eee Sec. 110-198. Routine Repairs and maintenance. (a) Reasonable routine repair and maintenance ofnonconforming structures is permitted and is not a change which would terminate a nonconforming status, provided the work is necessary to keep the structure in a state of good repair. The work may include the replacement of existing materials with like materials. However, routine repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building official provided that the building official determines compliance with the following: (1) The repairs and maintenance comply with applicable building and fire codes (2) No violation of sections 110-193, 110-194, 110-195, 110-197 exists. (3) The permittee shall be in compliance with all other applicable provisions of this article. (4) There are no pending code enforcement actions or liens existing on the subject property. (5) If replacement materials are involved, such the total value of all replacements made within any 365 consecutive day period may not exceed 50 percent of the fair market value of the structure, as established by the Brevard County Property Appraiser or by a licensed appraiser, whichever is greater. City of Cape Canaveral Ordinance No. -2009 Page 3 of -5 0 0 Draft May 26, 2009 (b) Nothing in this article shall be deemed to prevent the strengthening of restot ills to a saii, condition routine repair and maintenance of any by my official charged ovith patecting die public safety, apon order of such official nonconforming structure. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconforming structures by allowing a nonconforming structure to be substantially rebuilt so as to extend the ordinary and natural life of a nonconforming structure. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adoptedbythe City Council, orparts ofprim ordinances and resolutions in conflict herewith, are hereby repealed to die extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competentjurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of , 2009. ROCKY RANDELS, Mayor ATTEST: For Against SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Bob Hong Buzz Penns Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. -2009 Page 4 of_ 5 0 Draft May 26, 2009 Approved as to legal forth and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. -2009 Page 5 of -5 L MEMORANDUM Date: July 28, 2009 To: City Council From: Barry Brown, Planning and Development Director RE: Senate Bill 360 Senate Bill 360 was signed in law on June 1, 2009. In short, SB 360 removes state - mandated transportation concurrency requirements in target areas designated as Transportation Concurrency Exception Areas (TCEAs). The TCEA provisions of SB 360 became effective on July 8, 2009. Under SB 360, a City with an average of 1,000 people per square mile and a minimum population of 5,000 is considered a Dense Urban Land Area. A City that meets the criteria of a Dense Urban Land Area is also a Transportation Concurrency Exception Area (TCEA). Cape Canaveral meets the criteria of a Dense Urban Land Area and is therefore also a Transportation Concurrency Exception Area (TCEA). What does this mean? Designation as a TCEA gives local governments two options: 1. A local government may continue to apply the transportation concurrency provisions of its existing comprehensive plan and land development regulations in TCEAs if it desires to do so; Al 2. It may opt to no longer comply with state -mandated transportation requirements in TCEAs. If a local government wishes to eliminate state -mandated transportation concurrency requirements in TCEAs, the local government must amend its comprehensive plan and land development regulations to delete such requirements. Until the local government amends its comp plan and LDRs, existing transportation concurrency requirements continue to apply in TCEAs. After a TCEA becomes effective, the Department of Community Affairs no longer has the authority to review comp plan amendments for compliance with state -mandated transportation concurrency requirements. Also, within two years after a TCEA becomes effective, the local government must amend its comp plan to include "land use and transportation strategies to support and fund mobility within the exception area, including alternative modes of transportation". �ISGUS510Y� 0 0 There is a great deal of confusion throughout the State surrounding the interpretation of SB 360. This is due largely to the ambiguity of the language contained in the bill. The confusion is evidenced by the various interpretation of the bill being offered not only by local governments, private interests, and environmental groups, but also by the Secretary of the Department of Community Affairs, Tom Pelham, and the bill's sponsor, Senator, Mike Bennett. Also, a lawsuit has been filed by eight local governments challenging the constitutionality of SB 360. According to the Orange County Attorney, the lawsuit raises some viable points and has at least an even chance of succeeding. If the lawsuit is successful, it is likely that the Court would declare that the enactment of SB 360 violated the Florida Constitution and enjoin the enforcement of the bill. Regardless of the outcome of the lawsuit, word is that the Legislature may come back in their next regular session or a special session and attempt to remedy the problems outlined in the lawsuit. I have asked our Transportation Planner, Joe Roviaro of Luke Transportation and Engineering Consultants, to think about the options in the bill and the ramifications to our City. Some factors to consider include: Cape Canaveral is barrier island city that is 93% built out, the City is projected to have capacity on its roadways through 2020 with little opportunity to increase capacity on A1A, and the greatest impact to our roadways is likely to come from surrounding communities including the Port. In addition, a mobility fee may replace the current transportation concurrency system. The Legislature finds that Transportation Concurrency has not adequately addressed the State's transportation needs and has determined that the State should consider implementation of a Mobility Fee. SB 360 directs DCA and DOT to submit to the Legislature by December 1, 2009, a report on their Mobility Study, recommended legislation, and plan of implementation. The Legislature could enact a Mobility Fee System to replace Transportation Concurrency in the 2010 Session. Conclusion: At this time we do not have enough information to make a decision; we don't understand what mobility planning will entail and we don't know the result of the lawsuit. I recommend we keep our current transportation concurrency requirements as we follow the evolution of the bill, its interpretation and lawsuit. Staff will keep Council apprised of the situation as it unfolds. I � � ��/ ,�. �\}\%�& \;,\/�ƒy` }� �(� /\ / � � `�\(f�\� .� � � �k� \». k �k ' �& � $ �°� ` .a!\ ® ) } \ \)/`�// � $ II/�I�`I. ( CITY OF CAPE CANAVERAL PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given by the City of Cape Canaveral that the Planning & Zoning Board will hold a Public Hearing for the Purpose of Considering a Variance Request. The meeting will be held at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Wednesday, August 12, 2009 at 7:00 p.m. r R.F Consideration of Variance Request No. 09-03 to Allow a Six -Foot High Chain Link Fence Within 25 Feet of a Public Right -of -Way in the C-1 Zoning District, (8801 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 817.0 — David Gal, Applicant for Xtreme Fun, LLC, Petitioner. In accordance with City Code Section 110-28, this Notice shall serve as the posting of the affected property that there will be a Public Hearing before the City of Cape Canaveral Planning & Zoning Board regarding the property noted above. Comments may be made in person or may be submitted in writing at the Planning & Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need records 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 allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office @ (868-1221), 48 hours in advance of the meeting. This notice shall be posted at least ten calendar days prior to the date of the hearing. Notice is hereby posted on: @ am/pm. M 0 July 28, 2009 NOTICE OF PUBLIC HEARING FILE c j�, TO THE ADJACENT PROPERTY OWNER(S) Variance Request No. 09-03 Notice is hereby given by the City of Cape Canaveral, that David Gal, applicant for Xtreme Fun, LLC, property owner, 8801 Astronaut Boulevard, Cape Canaveral, FL 32920 has requested a Variance for a six-foot high chain link fence within 25 feet of a public right-of-way in the C-1 Zoning District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-070(3) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, Parcel 817.0 Parcel m: 24-37-15-00-00817.0-0000.0 (8801 Astronaut Boulevard, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinances No. 04-2008, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, August 12, 2009, at 7:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. =,jovjIorida.com/cgV The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled mesting. Since your property may be located within 500 -feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. July 28, 2009 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S) Variance Request No. 09-03 Notice is hereby given by the City of Cape Canaveral, that David Gal, applicant for Xtreme Fun, LLC, property owner, 8801 Astronaut Boulevard, Cape Canaveral, FL 32920 bas requested a Variance for a six, -foot high chain link fence within 25 feet ofa public right-of-way in the -1 Zoning District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110470(3) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, Parcel 817.0 Parcel m: 24-37-15-00-00817.0-0000.0 (8801 Astronaut Boulevard, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinances No. 04-2008, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, August 12, 2009, at 7:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. www.myflorida.com/caoe The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The find administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within 500 -feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. a 0 GAL500 ,pS 0 p� / 0 0 532 W 20TH REALTY CORP AIA ACQUISITION GROUP LTD LLP ABBOTT-STORM, DANIELLE T T1 10295 COLLINS AVE#808 3425 N ATLANTIC AVE 15 INDIAN RIVER DR#602 BAL HARBOUR FL 33154 COCOA BCH PL 32931 COCOA FL 32922 AIT LTD ALPIZAR, O JOHN ANDERSON, WILLIAM C 8910 ASTRONAUT BLVD 1528 PALM BAY RD STE A ANDERSON, SUSAN M H/W CAPE CANAVERAL FL 32920 PALM BAY FL 32905 3612 PANAMA DR WESTERVILLE ON 43081 APPELROUTH, STEWART L ATKINSON, KATHLEEN H BARKAN, NEAL J 999 PONCE DE LEON BLVD STE 625 ATKINSON, RONALD J H/W WARSAME, ABDULLAHI S ETAL CORAL GABLES FL 33134 22 IRENE BLVD 81 S 4TH ST STE 300 HOWELL NJ 7731 COLUMBUS OH 43215 BARNES, JOHNATHAN P BAUGHER, ROBERT A TRUSTEE BELL, ANTHONY M 752 BAYSIDE DRIVE #403 2210 S ATLANTIC AVE BELL, ELLEN B H/W CAPE CANAVERAL PL 32920 COCOA BCH FL 32931 640 RIEDU RD LISLE IL 60532 BEVINS, JANET BODE, LAURE BURGER KING CORPORATION PO BOX 9187 800 BAYSIDE DR P O BOX 20783 AVON CO 81620 CAPE CANAVERAL FL 32920 GENERAL MAIL FACILITY MIAMI FL 33102 CARGIN, ROBERT K CARPENTER, WAYNE A CEVESCO MC 864 HELENHURST CT CARPENTER, DIANA P O BOX 28 WESTERVILLE OH 43081 20530 HILLSBORO HICKORY NCC 28603 MACOMB MI 48044 CHENAULT, DAVID W CLARK, THOMAS CLAUS, ROGER S 550 GARFIELD AVE 203 CLARK, DALE H/W CLAUS, SUSAN W H/W COCOA BCH FL 32931 768 LAGO DR #502 752 BAYSIDE DR UNIT A405 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 COSTA, FERNANDO A COATES, LEE TRUSTEE COCOA BEACH MOTEL TWO INC COSTA, KATICA H/W 814 BAYSIDE DR 2210 S ATLANTIC AVE 20 GORDON'S CREEK COURT CAPE CANAVERAL FL 32920 COCOA BCH FL 32931 HALTON HILLS (ACTON) ON L7J 2L8 CANADA CSITARL MIKULAS DANDY, ERIC DAY DEVELOPMENT CORPORATION OF CSITARI, ROMI H/W DANDY, SONIA H/W CAPE CANAVERAL 812 BAYSIDE DR 71 FULHAM LANE P O BOX 939 CAPE CANAVERAL FL 32920 HOLBROOK NY 11741 CAPE CANAVERAL FL 32920 HARTLEY, LINDA B HOWARD, MICHAEL F 0 752 BAYSIDE DRIVE #501 DE CECK, BEVERLY R DICKENSON, DAVID S G 00 784 BAYSIDE DRIVE #501 DICKENSON, JEANETTE E CO -TRUSTEES .2 CAPE CANAVERAL FL 32920 400 S BANANA RIVER BLVD COCOA BCH FL 32931 DUTTON, PATRICK K DYER, DAVID W DZIELAK, JOSEPH MARK 752 BAYSIDE DR #504 VILLE, JEFFREY A JUDGE, CYNTHIA LYNN CAPE CANAVERAL FL 32920 403 TRADEWINDS DR 1280 12 1/2 RD INDIAN HBR BCH FL 32937 LOMA CO 81521 EGAN, KATHLEEN M ELLINGSON, GREGORY P JR ERENTREICH, GAIL K TRUSTEE 8932 LAGUNA LANE #12-301 ELLINGSON, JENNIFER T H/W 8922 LAGUNA LANE CAPE CANAVERAL FL 32920 2912 BELLWIND CIR CAPE CANAVERAL FL 32920 ROCKLEDGE FL 32955 FARINELLA, NICHOLAS FASALVATRE FELIX, REBECCA D FARINELLA, GLORIA H/W 780 B 780 BAYSIDE DRR FELIX, SANDRA I ETAL 25 HARBOR CIR CAPE CANAVERAL FL 32920 8932 LAGUNA LANE UNIT 203 COCOA BCH FL 32931 CAPE CANAVERAL FL 32920 FOREMAN, DANIEL T FRISCHMANN, JOSEPH K KIMBERLEAY H/W FIRSCHMANN, MARY K TRUSTEES GAREE A, ANTHONYFOREMAN, 3559 IMPERATA DR 752 BAYSIDE DR #406A BOXTHO P4314 VIERA FL 32955 CAPE CANAVERAL FL 32920 HAMDHN T 6514 GOOD, NANCY I TRUSTEE GRIESHABEIS ILENE A HANSEN, GERALD 1155 ATLANTIC AVE S #502 794 BAYSIDE DR HANSEN, ANA MARIA H/W COCOA BCH FL 32931 CAPE CANAVERAL FL 32920 696 LINVILLE FALLS DR MELBOURNE FL 32940 HARKNESS, STEPHEN HARRELL, DAVID BRIAN HARRIS, CHRISTOPHER C HARKNESS, CHELLY W W 8922 LAGUNA LANE 13-301 HARRIS, JOANN L H/W 8922 LAGUNA IN #404 CAPE CANAVERAL FL 32920 772 BAYSIDE DRIVE CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 HARTLEY, LINDA B HOWARD, MICHAEL F HUGHES, JOHN LIFE ESTATE 752 BAYSIDE DRIVE #501 HOWARD, LESLIE I H/W 1410 EDDY ST CAPE CANAVERAL FL 32920 663 PEREGRINE DR MERRITT ISLAND FL 32952 EAU CLAIRE WI 54701 INDIALANTIC FL 32903 BRYANTOWN MID 20617 JACOBS, WILLIAM KEIGER, CHARLES F KNACK, ROBERT LEWIS TRUSTEE GRAFENAUER, JOHN 778 BAYSIDE DR KANCK, LILA CHARLOTTE TRUSTEE 5140 SHEEDER RD CAPE CANAVERAL FL 32920 6275 BRYANTOWN DR EAU CLAIRE WI 54701 HELLERTOWN PA 18055 BRYANTOWN MID 20617 KNITTER, JONATHON O HITT' KEVIN KUCZEK, WILLIAM I TRUSTEE P O BOX 6280 KREFFZ, KELLY JO H/W 5492 SHARP DRIVE COLUMBUS OH 43206 2151 WILLIAMS CHURCH RD HOWELL MI 48843 HELLERTOWN PA 18055 LOMANDO, KATHLEEN • • 752 BAYSIDE DR #201 LAFLAMME, RICHARD 1 768 LAGO DRIVE UNIT 15501 G0 LAFLAMME, PAMELA A H/W LANKES, ANDREW V MELBOURNE FL 32940 11 CHIPPENDALE DR 3609 BANANA RIVER BLVD S C3I1 age 3 BEDFORD NH 3110 COCOA BCH FL 32931 LIEBERMAN, ARNOLD S LIGERAKIS, ZACHARIAS LINGO, ARLENE 1475 PARADISE Cr LIGERAKIS, ADAMANTIA H/W 764 BAYSIDE DR MERRITT ISLAND FL 32952 531 SUNSET LAKES DR CAPE CANAVERAL FL 32920 PEARSON, HENRY 1 SR MERRITT ISLAND FL 32953 LOMANDO, KATHLEEN LUNDER, JAMES L LUYTJES, APHRODITE BANTIS 752 BAYSIDE DR #201 HAYES, AUDREY H/W 768 LAGO DRIVE UNIT 15501 CAPE CANAVERAL FL 32920 8903 LAGUNA LANE #14201 CAPE CANAVERAL FL 32920 MELBOURNE FL 32940 CAPE CANAVERAL FL 32920 BRIGANTINE NJ 8203 MALAK, RANI MARIAN!, EMIDDIO WILLIAM MAUL, GEORGE E TRUST MALAK, AMEL A H/W 807 CENTRAL BLVD W MAUL, LORA T TRUST 1030 WORTHINGTON SPRING DR CAPE CANAVERAL FL 32920 1301 BAYSHORE AVE MELBOURNE FL 32940 CHICAGO IL 60666 BRIGANTINE NJ 8203 MAYHORN, ROBERT NEWBERRY, LAWRENCE H NUAMPATON, BOONTIND MAYHORN, SHERRY L H/W MC DONALD'S CORP MIGLIARA, ALFONSO JR 126 STOLLINGS AVE P 0 BOX 66321 820 S MONTEGO BAY DR LOGAN WV 25601 CHICAGO IL 60666 MERRITT ISLAND FL 32953 MITCHELL, TERRY MORRELL, WILLIAM MRYGLOT, CHARLES MITCHELL, LESLEE H/W MORRELL, ANITA H/W MRYGLOT, DIANE H/W 3905 MANOR OAKS CT 8932 LAGUNA LANE #12-204 5 WOODWARD RD LEESBURG FL 34748 CAPE CANAVERAL FL 32920 FRAMINGHAM MA 1701 NALTY, KEVIN NEWBERRY, LAWRENCE H NUAMPATON, BOONTIND NALTY,KELLY NEWBERRY, GLENNA M H/W NYAAS, JANAAEM 301 GUERRERO ST 752 BAYSIDE DR#205 8660 ASTRONAUT BLVD #108 SAN FRANCISCO CA 94103 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 ORTIZ, RAMON A PALERMO, JAMES V ORTIZ, NORMA I H/W PALERMO, GIUSEPPE PALERMO, KERRY L TRUSTEES 92 PROSPECT AVE 107 LONGWOOD AVE 1935 N TROPICAL TRAIL BAYONNE N7 7002 ROCKLEDGE FL 32955 MERRITT ISLAND FL 32953 PEARSON, HENRY 1 SR PENSCO TRUST CO CUSTODIAN FRO PEARSON, MARY E TRUSTEES BERKLEY, GREGG 1 PETIX DAVID L 545 GARFIELD AVE #104 450 SANSAME ST 14TH FLOOR 41208 N WOODBURY COCOA BCH FL 32931 SAN FRANCISCO CA 94111 BELLEVILLE MI 48111 PORT HOSPITALITY GROUP INC PORTER LEO JAMES PUERTO DEL RIO LLC 2210 ATLANTIC AVE S 752 BAYSIDE DR #503 750 N ATLANTIC AVE #1209 COCOA BCH FL 32931 CAPE CANAVERAL FL 32920 COCOA BCH FL 32931 0 RACETRAC PETROLEUM INC REALI, IOHN GAP O BOX 22845 BEAU, SUSAN H/W age 4 OKLAHOMA CITY OK 73123 - 8903 LAGUNA LANE #502 CAPE CANAVERAL FL 32920 REYNOLDS, ROBERT RICKERT, DONALD RING, ROBERT A REYNOLDS, VERONICA H/W RICKERT, CONSTANCE C TRUSTEES RING, MARILYN I TRUSTEES 752 BAYSIDE DRIVE #204 8932 LAGUNA LA UNIT 504 752 BAYSIDE DR UNIT 404 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 ROSSETTI, ALBERT W RUDE, KENNETH M RUWE, JOSEPH V ROSSETTI, CHERYL H/W RUDE, JUNE A H/W BURGOS-RUWE, NYDIA Y H/W 6740 CALAIS AVE 752 BAYSIDE DR #506 8903 LAGUNA LANE #401 COCOA FL 32927 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 SCHULZ, SIEGFRIED SERPA, CAROL L TRUSTEE SHAW, MICHAEL I 62 WATERGATE 14820 ARCHER HALL STREET SHAW, BETH A H/W BARRINGTON IL 60010 DAVIE FL 33331 4602 WIDGEON PATH MANLIUS NY 13104 SHELDON COVE LLLP SHETZLJNE, GARY L SIEGEL, CHARLES P P O BOX 9002 JOPLING, ROBERTA A H/W SIEGEL, MARY V H/W CAPE CANAVERAL FL 32920 106 DOROTHY IN 752 BAYSIDE DR UNIT A302 DOWNINGTOWN PA 19335 CAPE CANAVERAL FL 32920 SIGURDSSON, EYGLO S STARR, JOHN STROUD, E STEPHEN 806 BAYSIDE DR STARR, MARK RAMSEY, GRACE D H/W CAPE CANAVERAL FL 32920 290 MOCKINGBIRD LANE 224 FAYETTEVILLE STREET MALL MERRITT ISLAND FL 32953 RALEIGH NC 27601 SVERRISSON, SAEVAR SNORRADOTTIt, STEINUNN SZAFRANSKI, TERESA THOMPSON, PATRICIA A TRUSTEE 1572 STAFFORD AVE 175 GOLD ST 752 BAYSIDE DRIVE #401 MERRITT ISLAND FL 32952 NEW BRITAIN Cr 6053 CAPE CANAVERAL FL 32920 TOMASONE, GLENN W TRUONG, DENNY DUNG VARGO, STEVE 1725 CENTRAL AVE LE, TOMMY VARGO, NANCY H/W MERRITT ISLAND FL 32952 1107 RUE CANNES 721 HIGHLAND DR HAMMOND LA 70403 COLUMBUS OH 43214 WALTER, ROBERT L WESTOOTT, MICHAEL STEWART WHEATLEY, CONSTANCE M 15207 COUNTY RD 82 8932 LAGUNA LANE #503 8922 LAGUNA IN #303 FOREST ON 45843 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 WILLIAMS, RUBY I XTREME FUN LLC YOUNG, JEFFREY 8903 LAGUNA LN #202 185 COCOA BEACH CSWY YOUNG, KIMBERLY SPINELLI H/W CAPE CANAVERAL FL 32920 COCOA BCH FL 32931 14IRENE BLVD HOWELL N17731 , BUILDING PERMIT APPLICATION N0 Jurisdiction of • 6344 CITY OF CAPE CANAVERAL 105 Polk Avenue Joe ADDRESS TELEPHONE: (407) 783-1391 6355 North Atlantic LAL N Ayemte — --•mac. 26- e_aa EGL T , 1 DescR. 3 4 1, 5 6 PCI. 259 K T AOT —DATE: 2 O;ztasy Golf Del WE I�+txeat QSEE ATTACHED SHEET) `-L Me111rq Atlenb am. cemr. lent Cmvn6025 19)8 C31 anon: 3 M411np Atltln.. P - 5118 Nnyr...,e Elec. 40 4 MnNny ftm uunb No. GImO.OpntL Phone 5 Malllnl Ap0.04 Llcanb No. MNII, COnV, �POene —�- _ NO. )10 C4 fworY ❑NEWC] 4DD)TIDN M•--�----- �AITEgAT)ON (1gEPA)q OMOVE j9 n Tenn ,�_ �— ORENOVE Appjj4, 0 A4opntl By PoM( COKk•0 Bp J. NDzgan same TEL: 783.1391, 'L ­" r 'WKS MUST BE OW BNOURS RESPp. Type or OttYpmcY OIOup �—. N[. pf fllaaONn �„ Rp4q Bq, FL No. o/ L$ StONm Mea, FIrO ��� «C• eetl FVl lbYmcl By 2001 Z.• 20M FpeS Sam Ne. YI a1:F6TfIlt pAR t�cr p°0YI NIS — APPLICATION, WHEN SIGNED, BECOMES A PERMIT TO START CITY OF CAPE CANAVERAL .1 J BUILDING PERMIT APPLICATION /3%( THIS I$_ IT_j,$ AN_APPL,QAT],QN QNIyY, AND WILL nF. PROCESSED AS SOON AS POSSIBLE. YQII NIL1._BR CALLfj,O_NII[!I IT I$_READV,: COMPLETE BELOW AND INBURE THAT YOU HAVE ON FILE A 4URR$NT COPY OF THE FOLLOWING: (HOMEOWNER PERMITS ARC EXEMPT) State License County License and Competency Card Liability 1$100,$700,$25 Thousand) and Workman's Compensation Insurance Surety Bond payable to this City ($1,000) ,(,QI!ly=P C�it�OccOpwtign nh licen a renuireSj- _________________,r______ ___ _____ _ _ _______________________________ TYPE OF PERMIT: BLDG._, ELE/C.__ PLUMD.__ MECHI OT11ER PROPERTY OWNER: FF*1-,MSY 9&L .Oc:�=.TPHONE STREET ADDRESS OF y,00 SITCT✓w n_:y�• - - LEGAL DESCRIPTION: LOT3,�L-5ULOCK SVDDIVISIOry -�`A I -p-^ OTHEN TYPE OF CONSTRUCTION:. 1[hlM' SIZE OF BUILDING (TOTAD SQ.FT.) NO. OF STORIES_— MAX. OCC. LOAD._ N0. OF DWELLING UNITS USE ZONE __—,__. NO. OF PARKING SPACES TYPE OF OWNERSHIP (CHECK ONE): DETACHED SINGLE FAMILY RESIDENCE_—_—_ TOWNHOUSE__ APARTMENT__ CONDOMINIUM— COMMERCIAL_—_ CONTRACTOR-n••^e� FEIICe �M- STATE LIGE (Y1 ¢Ili�f'%(SoZ ADDRESS Z BRK 7 lo�.w^ ,W PHONE# 2E57 -2V" ------ STATE. 6IC.1 STATE LIC -11 STATE LIC. STATE LIC.A NATURE OF WORK TO BE DONE: -Z, •r'b� /-' _�''DOX G IT N 4fF T .•'raL 9v� ;(¢ _ o o..k -SI�t[ i+i+wYL VALUATION OF WORK/CONTRACT: $��eFL �s NQTR: This 'application is valid for 15 working day n after which time. unleea a permit has been draw.. thio torn and all attached material will be destroyed. Date: Signed ---..'VVfffVliii1)��.�,� Lu en aAgent of Record or Owner baa- � y B�- 0I I 11 � le j City of Cape Canaveral, Florida DAT 3 `3 'ERMrr No acb2 OWNE �7) ADORESFar35 S -i �`� inspection Canaveral. Florida PERMIT No.�7 Inspections 1. �ooter }. Rough Plombin 3. lintel 4. Rough Eleebic 3 . C V n erecroe J'ltil �e. Ela _ MEMORANDUM TO: Andrea Bowers, City Treasurer THROUGH: Barry Brown, Planning & Development Dire"✓.n/ FROM: Susan Chapman, Administrative Assistant DATE: July 28, 2009 RE: Request for Journal Entries - Postage Legal Notification Mail -Out Variance Request No. 09-03 - Extreme Fun LLC On July 27, 2009, postage was used out of the Administration budget to pay for the postage for a legal notification mail -out for a Variance Request. An escrow deposit was received, prior to the mail -out, to pay for the mailing. Please make journal entries as follows: Total Postage Cost: $70.11 Postage Used from: Administration Budget Line Item - Postage Escrow Deposit Recv'd from: Extreme Fun LLC, 8801 Astronaut Boulevard Amount of Escrow Deposit Reev'd for mail -out: $70.11 Please refer to the attached documentation verifying information above. Please let me know if additional information is needed. REQUEST FOR ❑ LEGAL AD ❑X MAILING DATE t+jY I Cc , aooq REQUESTED BY: -,AkscLn 0112nY nin PROJECT NAME f'xlre-ry - Fin LLo- I/�r le V,Ila;L- PROJECT # Wot CHARGE ACCOUNT# Op -000 -000 - Z.O az--t-1,0 Fl VARIANCE SITE PLAN Fj REZONING COMMUNITY APPEARANCE BOARD COMP PLAN AMENDMENT E] PRELIMINARY PLAT rrrttt oq SPECIAL EXCEPTION � FINAL PLAT SPECIAL INSTRUCTIONS: V CLERK'S OFFICE USE: SERVICE PROVIDED Fii — o i 'OST S- EX A9,11 INITIAL DEPOSIT REQUIRED *10, l 1 VENDOR INVOICE NUMBER COST OIL) If -=,,1at +; AtiLl. It Form COD 612 Revised 3/18/2009 A VARIANCE MAILOUT COST ESTIMATE• Fridav, July 24.2009 PROJECT NAME: Extreme Fun LLC/Jungle Village PROJECT #: pain MAILOUT — 114 pieces of mail @ .44/ea = $50.16 57 sheets of Cosmic Orange card stock @ .05/ea = $2.85 57 copies: 2 sided, 2 up on 8 %: x 11 @ .15/each = $17.10 TOTAL - $70.11 Mia Goforth, City Clerk's pffpe -- 3 REQUEST FOR ❑ LEGAL AD ❑X MAILING DATE REQUESTED BY: Susan C'.haam/on G���P PROJECTNAME Wre Ft,.n LL0. PROJECT# 980/ /iSTic na �T LT/✓d. CHARGE ACCOUNT# OoI -000 -000 - Zo zz�i0 © VARIANCE SITE PLAN REZONING F-1 COMMUNITY APPEARANCE BOARD COMP PLAN AMENDMENT PRELIMINARY PLAT y� lo' q F -1OAt SPECIAL EXCEPTION FINAL PLAT ® yr 1,� tt SPECIAL INSTRUCTIONS: CLERK'S OFFICE USE: SERVICE PROVIDED ,q/ — p ;r — c70, INITIAL DEPOSIT REQUIRED figul VENDOR INVOICE NUMBER f} COST *10.41 euroi.0e: 9aa kn uRnaiSa )cit .11 Lasn HPoLYRL $00.66 '-rt R16c'J HRount 1 tiiO. 11 Form CDD 612 Revised 3/18/2009 ab 0 VARIANCE MAILOUT COST ESTIMATE: Friday, July 24.2009 PROJECT NAME: Extreme Fun LLC/Jungle Village PROJECT#: ol",>% MAILOUT — 114 pieces of mail @ .44/ea = $50.16 57 sheets of Cosmic Orange card stock @ .05/ea = $2.85 57 copies: 2 sided, 2 up on 8 %: x 11 @ .15/each = $17.10 TOTAL - $70.11 Mia Goforth, City Clerk's o e Mr. David Gal 173 Bimini Road Cocoa Beach, FL 32931 Dear Mr. Gal: f City of Cape Canaveral Community Development Department Certified No. 70081140000163223310 The City of Cape Canaveral's Planning & Zoning Board will consider your Variance request on Wednesday, August 12, 2009, at 7:00 P.M., in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. If you have any questions or desire additional information, please contact Barry Brown, Planning & Development Director, 7510 N. Atlantic Avenue, P.O. Box 326, Cape Canaveral, Florida 32920 or telephone: (407) 866-1206. Sinwe�_ Susan L. Chapman Planning & Zoning Board Secretary ■ Complete nems 1, 2, and 3. Also complete nem 4 d Restricted Delivery Is desired. n Not your name and address on the reverse so that we can return the card to you. A Attach this card to the back of the mailplece, or on me Inert n space permit. 1. Article Addressed to: Mr. David Gal 173 Bimini Road Cocoa Beach, FL 32931 X Signature .> 01— X O Agent /�vae❑ Addreaeea Pm'lage C. Date of Delivery Cen111etl Fee o. bdeP'dlRret nam aan lT ❑Yea n dyl� bakes: 13W s. serlpe ftconediwl VO13r wu Rephtwed q IWmi Rapelpl tarwmlt E3 Insured ratan 0 C.O.D. a tlea4lned OelNsyl ff-aae Fey a 1§a a�oeuo..ry..1 $0.00 i Mr. David Gal 0.51 173 Bimini Road Cocoa Beach, FL 32931 JIJM9 �09 . ;. Mkt Number : 7008 1143 0001 6322 3310 -03 3-1206- Fax & Inspection; (321)868-124' PS Form 3811, February 2004 Dome9lc Return Recelpt 9.rccoru S m r ®FFA L1SE 0 r ri CvaaryF LiL CEx-x W Cocoa Beach Cswy------------ 185 " Cocoa Beach, FL 32931 ~ CU SLb.D • A Campiete7�&.d d 3. Also comPMete Hem 4 H ery b desrad.b_k oudress on the reverse■ Pdm Ye card to You. 30 mat W. the kith. mailpiece, p 1. ANcle Odtllmaedro: Extreme Fun LLC 185 W Cocoa Beach CswY Cocoa Beach, FL 32931 46 n m.mr --- HUES. errter dglvery etld� belov/ ".- )KCerHfled MwVI .lPt� eicM1aWlee ❑ Raglalerad ❑ msalea Mail ❑ c.o�) ❑vee WWMY'� 4. RaFMelad 7011 X47❑ ❑0�3 178❑ 4384 p. prlicb Number l�a��+>-• (rromYerM1cmmWcelebe0 DolmaHc fbMn R..w PS Form 3811, February 2004 iLLi Od 'Ot�=O 1f3K35Y3 ld! .01 N04YJ0"1 O3_l1.' gug r S me 4 nONIY8 d Oh dxM np r r� o(vl u,iTfe'reY(aM f'Mrurs) e A STATE ROAD 401 (AKA A 1A) T S37 -22'24"E 432.08'0) ^ d SJr22'12i 48S7'. ' r / ---- ell, I � a,. ♦ Hi<A� i/ E �� � � I. ii m aM rm rV N cwvc • 'T a 3 � 9< 7,7:.:,ff e ' e � �F .w 314.J]'mi ' it l It 111411 H rn.rurp rer>. � STATE ROAD 401 (AKA AIA) P. o. e. ! ✓�/1�1�. Ri- , /%Krkv Sao-rmr aM' 8 . 11 537*22'24i .. +,„. 53722'12'E 4957'x) `. r'\ r e , b km6f E I - I a E )e °. I o , i a City of Cape Canaveral p Board of Adjustment Variance Order I. Applicant's Name: �i�//�/1 O-1VL II. Application Number/: 67 — /3 III. Hearing Date: IV. A variance shall not be granted to authorize a use not generally, or by special exception, permitted in the district involved or any use expressly or by implication prohibited by Chapter of the City Code. Is the Applicant's variance request authorized by the City Code? Yes No V. All development orders (including variances) must be consistent with the City's Comprehensive Plan. § 163.3194, Fla. Stat; § 110-27(e), Cape Canaveral Code. Is the Applican ' variance request consistent with the City of Cape Canaveral's Comprehensive Plan? Yes No VI. All variance decisions must also be based on the affirmative finding as to each of the following criteria: (I) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or stmcmres in the same zoning district. Yes No Not Applicable Board of Adjustment Variance Order Page 1 of 4 0 0 (2) That the literal interpretation of Chapter 110 of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Chapter and would work unnecessary and undue hardship on the applicant. Yes No Not Applicable (3) That the special conditions and circumstances referred to in subsection (1) do notresult from the actions of the applicant. Yesy No Not Applicable (4) That the approval of the variance requested will not confer on the applicant any special privilege that is denied by Chapter 110 of the City Code to other lands, buildings, or structures in the same zon. g district. Yes (// No _ Not Applicable (5) That the requested variance is the minimum variance from Chapter 110 of the City Code necessary tp'make possible the reasonable use of the land, building or structure. Yes =// No Not Applicable Board of Adjustment Variance Order Page 2 of 4 0 0 (6) That approval of the variance will be in harmony with the general intent and purpose of Chapter 110, Zoning, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. / Yes V No Not Applicable VB. Are there any other applicable requirements of federal, state, local law, City Charter, or City Code that most be complied with by the applican A. Yes_ (cite below) Na B. if yes to VB A, does the variance requested comply with the applicable federal, state, local law, City Charter, or City Code requirements? Yes No VIB. Based on the evidence and testimony presented at the hearing, and based on the legal requirements set forth above, the Board of Adjustment hereby makes the following final decision regarding the aforementioned application: Approved with no conditions/safeguards / Approved with the following additional conditions and safeguards imposed by the Board: /$ GFi�t,�, /NILu!>lN� ys�Ai✓D dzdfly�P,�� iPa€' 4;;r ///f/LOGR4, LZ� 7HWU/+YZ/1ANC.i- /3.✓G�e rf ,11AA1A 1Cr -"-aC A/ j;*All Ar GO p A Arti/tT/Nly K ^//'/^ i � a/-' Z%z o ✓;V1W /vP�ti✓G ml✓tl Board of Adjustment Variance Order Page 3 of 4 �Th'k' �£,b/SJ)N� U'oalri//fC%vl/� S�i GG j4/G' �.,,/rrot�fi..6 w.yrY.J �Xf.�' N�I✓f�/c� /f /tiflYm�Gi7D 9 0 Denied for the following reasons: IX Pursuant to Section 110.33, Cape Canaveral Code, any party aggrieved by any final decision of the Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such appeal must be filed with the City Manager within ten (10) calendar days of the date of the Board of Adjustment'sfinaldecision. The City Managershall schedule the appeal frrthe next regular City Council meeting. The City Council shall hear and consider the appeal de novo and consider evidence and testimony of any interested party. The Council shall have the right to either affirm or reverse, in whole or in part, the decisions of the Board of Adjustment. The City Council's decision shall be final and subject to appeal to a Court of Competent Jurisdiction. FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL. A copy of a Notice of Appeal form is attached to this order Done and Ordered this the 3/� day of �p�il6T '204? Attest: Chairman Q<` Recording Secretary Board of Adjustment Variance Order Page 4 of 4 L" .) July 28, 2009 NOTICE OF PUBLIC REARING FILE EQPY TO THE ADJACENT PROPERTY OWNER(S) Variance Request No. 09-03 Notice is hereby given by the City of Cape Canaveral, that David Gal, applicant for Xtreme Fun, LLC, property owner, 8801 Astronaut Boulevard, Cape Canaveral, FL 32920 bas requested a Variance for a six-foot high chain link fence within 25 feet of a public right-of-way in the C-1 Zoning District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110470(3) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, Parcel 817.0 Parcel iD: 24-37-15-00-00817.0-0000.0 (8801 Astronaut Boulevard, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinances No. 04-2008, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, August 12, 2009, at 7:00 p.m. in the City Rall Amex, 111 Polk Avenue, Cape Canaveral, FL. www.mvfiorlda.com/caoe The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect w the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within 500 -feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920.