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Home My WebLink AboutBOA Agenda Pkt. 8-31-2009Call to Order Roll Call NEW BUSINESS: City f Cape Canaveral Community Development Department KD OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE AUGUST 31, 2009 7:00 P.M. 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 of 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: 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 bylaw. 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 Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com 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 it 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. 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 Motion to Approve 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. Z Motion Re: Special Exception Request No. 09-01 to Allow On=Premise Consumption of Alcoholic Beverages in the C-1 Zoning District (6395 N. Atlantic Avenue), Section 26, Township 24 South, Range 37 East Parcel 253.1 - John Porter for John Porter Banana River LP Petitioner. Chairperson Bond read the agenda item into the record. Barry Brown. Plannina & Development Directnr gdvi.Pri that the Rnarri 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. 0 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 AIA; 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 AIA, in established commercial areas; and it was buffered from residential uses by distance, natural vegetation, and other uses. TL _ _ 1 _ • ne 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 AIA. 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 A1A. • 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. 0 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 specillcally rewritten o auuress 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. 0 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 A1A 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. Actina City AttnrnPv arivicPri that thin nrHinnnro hart 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. 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. 0 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 2009. John Bond, Chairperson Susan L. Chapman, Secretary E City of Cape Canaveral, Florida Board of Adjustment August 31, 2009 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 corner of Al 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 — Zachery'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 ee 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; I 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 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 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. E ARTICLE II. PROCEDURE; LAND USE DECISIONS* Page I of I 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) htt-o://Iibrarv8.municode. coin/default-test/DoeView/ 12642/l / 194/ 196 8/6/2009 ANN, gram AAC 8801 Astronaut Blvd. Cape Canaveral, 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 IN ..------v iu..LJuc:3L INV. to Dw a 6ft. high fence in the G 1 Zoning district - Jungle Village City of Cape Canaveral 8801 Astronaut Blvd. APPLICATION FOR VARIANCE Date Filed & - 0 -()C Fee Paidl. 0 fi C710; L2,5Q Filing Fee is non-refundable Description of Request: (Insure that the specific sections of the Zoning Ordinance at allow & support your re nest are noted). Attach separate sheet if necessary. N Address of Legal Description: Lot(s) _ , Block li , Subdivision r;-0- s 9 o2eoll 371540 817 d� Township —.am RECLAIMED LANDS AS DESC IN - Townsh a- Range , Tax Roll for extra legal. STATEMENT OF FACT: State of Florida, County of Brevard I,y i 1 being duly sworn, depose and say that: I am the owner. I am the owner(s) designated agent.(Attach notarized letter of authorization). Home Phone: Work Phone:j Ii . 3-1� per: /d1 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 on this day of .,)t o-� 1 � • t� �f y A Notary tub `e, State of Florida Signature of Applicant: MARGAR€i C. HANCQCK Notary public, Slate Of Florida Commisslon# DD730077 MY comm. expires Oct. 29; 2011 The completed request form and the $250.00 filing fee must be files as 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. Variance Application/ Aug. 00/ Page 1 of 4 Miance Request No. 09-03 allow a 6ft. high fence in the VARIANCE APPLICATION WORKSHE] C-1 zoning district - Jungle Village 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) 0 general location) 24 371500 817 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: PT OF RECLAIMED LANDS AS DESC IN See Tax Roil for extra legal. Lot: Block: _ _ .Subdivision: Parcel: Section= � S Tw�,,, � - : p. Rge.- 4. Size of Subject Property (calculate acreage): 25-_ —1 5. Ordinance Section under which Variance is being sought:_- 110--470 � j1 6. Current Zoning Classification of Subject Property:' — 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and inforanatiorl 8. V ARI.ANCES 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 IAT UNNECESSARY HARDSHIP. THE ORDINANCE SETS FORTH SPECIFIC CONDITIONS WHIC .H �TTST ALL BE DEMONSTRATED BY THE _A_PPLIC A 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.uU%P age 2 of 4 F� THE CONDITIONS ARE AS FOLLOWS AND ITEMS (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. 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) ahnve do not result from the actions of the applicant_ % f 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. Varian, -a A--74--4.4-- / A nn /n- -- n _r A 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. r`3 , 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. el C 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 BENEFIT 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 SUPPORT 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, 5(i0 feet of suLject 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 must be attached to this submittal. a, Notarised 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. 1I. THE UNTE)ERSIGNEED OWNER/ AUTHORIZED AGENT AGREES THAT THIS APPLICATION 1,dITUST BE (-nun LEi ED Au m ACCs mA TE gEFOP.E CON V SIDElnD A T ivi V B Y i iiE Clrl Z� OP CAPE CANAVERAL PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT, APPLICANT PRINT NAMI Variance Application/Aug.00/Page 4 of 4 10. 11 L,aw %�cui TTV71V-TVV.I..I Detailed History for Law Call #091040055 As of 6/23/2009 08:41:01 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC I.ov,Cross:htwn W CENTRAL BL and IMPERIAL BL Created: 04/14/2009 01:01:09 SUPR 0347 1Jntered: 04/14/2009 01:02:41 SUPR 0347 Dispatch: 104/14/2009 01:03:21 EAST 0942 Enroute: 04/14/2009 01:03:27 EAST 0942 Onscene: 04/14/2009 01:05:07 EAST 0942 Control: 04/14/2009 01:11:25 EAST 0942 Closed: 104/14/2009 01:51:281 EAST 0942 i w6_ a — i PrimeUnit:536 Dispo:C7 Type:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B09113859 Detail 01:01:09 CREATE 0347/SUPR Location: 8801 ASTRONAUT BL,CC Type: 40B Name: EXTREME FUN Phone:3216980134 Source:ADMI Precinet.CP GZone:37 T ypeDesc:ALARM BUSN LocCross:btwn W CENTRAL BL and IMPERIAL BL Priority:2 Agency:BCSO LocType:S 01:02:41 ENTRY Urgency:None-->R Comment:AUD IND GOLF DOOR.. T881S T51 UNKNAME IN A AVALANCHE SIL ETA 10-15 MINS.. ABSOLUTE PROTECTION TEAM 800 432 1429 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 # 9979172 01:03:21 DISP 0942/EAST 4�:11E; De.ptID:0783 t<>perNames:HOLMES, JASON 01:03:21 -PRIU ~3� 01:03:21 -CASE Sink) Case#:B09113859 01:03:21 -HOLD 01.03:27 BACKER 506E UnitID:536 DeptID:0078 OperNames:STAFFORD, HAROLD L 01:03:34 ENRTE 536 01:04:45 BACKUP K3 DeptID:0609 OperNames:FRITZ, BRIAN 01:04:46 ENRTE Ii3 01:05:07 ONSCN 4�3t+ 01:05:10 ONSCN 506E 01:06:05 ONSCN 1-,'3 01:11:25 OK 53: K:{2`kl, 01:16:41 PRMPT la3 01:18:06 OK 536 506E Comment:T13 T4 01:20:12 MISC 536 Com ment:WE JUST REACTIVATED ALARM 01:23:48 CONTCT X36 5,06F, Contact:15 01:41:44 OK 536 �;06F Comment:T13 T4 01:47:30 CONTCT ;v 506E Con:aet:15 01:48:24 CHANGE _5 t€ Type:40B- 21B Priority:2-->3 TypeDese:ALARM BUSN--=-BURG BUSN 01:48:34 CLEAR m36 Dispo:C7 Com men t: ATTEMPTED 21B 01:48:34 -PRIU 536 01:51.28 CLEAR 01:51:28 -CLEAR 01:51:28 CLOSE W http://10.3.0.13/CADPRD/HtmUSysteniDocs/CADInterface.aspx?IHQ+%23091040055 6/23/2009 Detailed History for Law Call #081620148 As of 6/23/2009 08:37:39 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL Created: 06/10/2008 04:53:02 SUPR 0447 Entered: 06/1.0!2008 04:54:36 SUPR 0447 Dispatch: 06/10/2008 04:55:12 EAST 0056 Enronte: 06/10/2008 04:55.12 EAST 0056 Onscene: 06/10/2008 04:58:21 EAST 0056 Control: 06/10/2008 05:58:23 EAST 0451 Closed: 06/10/2008 11:27:021SUPR 0372 PrimeUnit:537 Dispo:C7 Type:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08167215 ❑ Detail 04:53:02 CREATE Location:8801 ASTRONAUT BL,CC Type:40B Name:EXTREME FUN Phone:3217830595 Precinct:CP GZone:37 Type Dese:ALARM BUSN LocCross: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 Comment:PPR 04:54:37 NOMORE 04:54:45 SELECT 04:55:12 DISPER 537 DeptID:0924 OperNarnes:STEUERWALD, ADAM R 04:55:12 -PRIU f437 04:55:12 -CASE 537 Case#:B08167215 04:55:15 -HOLD 04:58:21 ONSCN 537 05:02:48 MISC 537 Comment•T33 05:02:59 BACKOS 205E UnitID:537 _reptlD.0307 OperNames:MOSEBACH, THOMAS 05:14:04 BACKOS K3 IJnitID:205E DeptID:0609 OperNa m es: FRITZ, BRIAN 05:14:12 MISC 5.37 Comment: WERE STARTING A TRACK OUTSIDE 05:16:36 MISC 537 Comm entA DONT SEE HOW THEY GOT THROUGH THIS WINDOW 05:16:46 MISC 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 Com►nent:205E, IS THE TRACK DONE 05:24:30 MISC Coinment:537, 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 505F 05:27:40 MISC 505E Comment:PAGED ON CALL CC GCU AGENT LANDEN 6/10/08 @.0520 HRS ID 447 05:38:25 -XREF Service:P Call:;'=081€20163 Type:65K AgFcncy:BCSO 05:38-30 PRMPT h,'_1 05:38:45 BACKOS I3 UnitID:205E DeptlD:0609 OperNames:FRITZ, BRIAN 05:39:18 *CLEAR 205E 05:43:06 CHANGE Type:40B-->21R Priority:2-->3 TypeDesc:ALARM BUSN-->BURG RESD Comment:PER 505E 05:44:20 CHANGE 505E Type:21R-->21B TypeDesc:BURG RESD-->BURG BUSN 05:56:39 BACKUP €=5i UnitID:505E DeptlD:0048 OperNames:LANDEN, JAMES J 05.58:23 OK ai http://10.3.0.13/CADPRD/Html/SysteniDocs/CADInterface.aspx?IHQ+%23081620148 6/23/2009 - -5- - -. - 06:07:34 MISC 5,0-",.E Coin in ent:8801 N ASTRONAUT NEED CRIME SCENE 06:11:51 ENRTE 651 06:13:53 MISC 505E Comm ent:PAGED ON CALL CRIME SCENE AGT MATTHEWS TO RESPOND 06:18:17 CONTCT 537 Contact:0 06:18:24 CONTCT K3 Contact:0 06:22:09 ONSCN 6511 06:22:13 OK 651 06:28:49 CONTCT 505E Contact:0 06:39:30 BACKER 724 Unitlf):505E DeptID:0491 OperNames:MATTHEWS, CANDACE D 07:00:50 CONTCT 6,51 Contact:0 07:20:40 ONSCN ',24 07:24:46 BACKOS 501 UnitID:537 DeptID:0043 OperNa in es: LUDWIG, JEFFREY A 07:50:04 PRMPT K3 07:50:10 CLEAR 537 Dispo:C7 07:50:10 -PRIU 537 07:54:43 BACKOS 136 UnitID:651 DeptID:0078 OperNam es: 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 Contact:0 08:15:18 CONTCT 13.6 Contact:0 08:16:27 CLEAR 545E 08:20:07 BACKOS 658 Unit1D:135 DeptID:0643 OperNames:BIECKER, MICHAEL S 08:51:07 OK 658 09:06:56 PRAIPT 135658 09:30:36 *CLEAR 136 09:36:54 PRAIPT 501 09:48:01 OK 724 10:11:23 CONTCT 724 Contact:0 11:24:55 CLEAR 651 11:27:02 CLEAR 724 11:27:02 -CLEAR 11:27:02 CLOSE w ht.tn-//] 0,3-0-13/CADPRD/14tm]/O-,v-,temDoc-,/CAT)Tnferfqce-a.-;nx?TT40+%23091620149 6/21/2009 1JQ.VY %-CUI 7TVU14VVv.14 Detailed History for Law Call #081280032. As of 6/23/2009 08:35:25 I'riority:2 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC LoeCross:htwn W CENTRAL BL and IMPERIAL BL Created: 05/07/2008 00:51:53 TTY 0417 Entered: 05/07/2008 00:53:17 TTY 0417 I9ispatch:05/07/2008 00:54:02 EAST 0746 Enroute: 05/07/200800:54:02 EAST 0746 Onscene: 05/07/2008 01:00:13 EAST 0746 Control: 05/07/2008 01:01:53 EAST 0746 Closed: 105/07/2008 02:54:10 EAST 0746 PrimeUnit:537 Dispo:C7 Type:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08131274 EVI Detail 00:51:53 CREATE 0417/TTY 00:53:17 ENTRY 00:53:17-PREMIS 00:53:22 NOMORE 00:53:40 SELECT 0746/EAST 00:54:02 DISPER 00:54:02 -PRPU 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 NIISC 01:08:36 ONSCN 01:19:01 CONTCT 01:25:15 OK 01:34:56 OK 01:39:18 PRMPT 01:39:20 -XREF 01:40:09 CONTCT 01:44:15 CLEAR 02:05:i4 ilii .i usv i vi Location:8801 ASTRONAUT BL,CC Type:40B Name:BEACH WAVE Phone:3217830595 Precinct:CP GZone:37 TypeDesc:ALARM BUSN LocCross:btwn 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/88... REF/44231100..ATC BUSN NO ANSWER..ATC T88 OSHRI GALL T52 15 MINS LSD/SIL AVALACHE.. Com ment:PPR 5.37 DeptID:0215 OperNam es: STEWART, PAULETTE Svc 537 Case#:B08131274 €t E UnitID:537 DeptlD:0991 OperNames:DIOGO, JASON C Location:8801 ASTRONAUT BL,CC" Prem Type:PPI2 537 50611 537 ',06E Com ment:CANNOT MAKE ENTRY T23 FOR T88 53 7 '7,06E Cont_flct:30 _",%E Comment -PER ALARM COMP. BEACH WAVE IS KIOSK INSIDE JUNGLE VILLAGE 537 5-06E Com men t: T88 T12 506E Contact: 15 K3 UnitID:506E DeptID:0609 OperNa rn es: FRITZ, BRIAN 537 Com ment:ADV T54 ON NEEDING CHANNEL(ALARM GOING OFF IN BACKGROUND) K3 537 K3 5061 Contact:5 4n K3 506 Com ment:T4 PER 506E 537, 1,.3 5,06E,f Cornment:T4 K3 Service:P Ca 11: #08 12800;6 Type: 65K Agency:BCSO Com ment:BLD AND AREA SEARCH 537 5€6E Contact:0 5(t6 E �3 913 http://10.3.0.13/CADPRD/HtmUSystemDoes/CADInterface.aspx?IHQ+%23081280032 6/23/2009 02:05:19 CONTCT 02:42:50 CLOS 02:54:10 CLEAR 02:54:10 -PRIU 02:54:10 -CLEAR 02:54:10 CLOSE 537 Contact:0 531 Location:RACETRAC,CC Comment:T17 537 Typc:40B-->21B Dispo:C7 537 -14 httn-1110-3- i.lI/C..ADPRT)/Htmllgv-,temDnc,/C'.AT)Tnterface.a.qnx?1140+%?.10919.900'1?. 617317009 j -a W VQLl 7TVV 1 11VG.V.I 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 LocCross:btwn W CENTRAL BL and IMPERIAL BL Created: 44/28/2008 09:33:11 DMCPC 0753 Entered: 04/28/2008 09:33:11 DMCPC 0753 Dispatch: 04/28/2008 09:33:11 DMCPC 0753 Enroute:04/28/2008 09:33:11 DMCPC 0753 Onscene: 04/28/2008 09:33:11 DMCPC 0753 Control: 04/28/2008 09:46:43 EAST 0564 Closed: 04/28/200-8-1-1--.0-3- 4-5] EAST 0564 PrimeUnit:136 Dispo:C7 Tvpe:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08122043 ® Detail 09:33:11 *CREATE 0753/DMCPC Location:8801 ASTRONAUT BV, CP _ca 09:33:11 *ENTRY Type:None-->21B Precinct:None-->CP TypeDesc:None-->BURG BUSN 09:36:36 -PRIU Priority:None—>3 Agency:None-->BCSO Comment:HAVE DEPUTY RESPOND 09:36:36 -HOLD TO ABOVE LOCATION, MAKE T25 W/LILLY FRANCO AT FRONT OF 09:36:56 BACs +R BUSINESS 09:33:11 *DISPOS 582 Location:8801 ASTRONAUT BV, CP DeptID:0753 OperNa m es: MOODY, 09:42:16 ONSCN AMY 09:33:11 -PRN 58-2 09:33.11 -CASE 582 Case#:B08122043 Comment:HAVE DEPUTY RESPOND TO ABOVE 11:03:45 CLEAR LOCATION, MAKE T25 W/GILLY FRANCO AT FRONT OF BUSINESS 09:32:46 -PREMIS Comment: (none) 09:33:40 *MIST` 759'? Corn trlenLCALLER GILLY FRANCO ADVISED HE CAME IN TO OPEN 11:03:45 CLOSE BUSINESS AND DISCOVERED SOMEONE HAD BROKEN THE WINDOWS 11:05:27 REDIR AND MADE ENTRY, UNKNOWN WHAT ITEMS HAVE BEEN TAKEN, HE HAS NOT ENTERED BLDG, WILL WAIT FOR DEPUTY 09:35:31 PRMPT 0560../EAST 5,82 09:35:31 -HOLT) _582 49:35:36 SELECT 09:36:36 DISPER 136 DeptID:0078 OperN am es: STAFFORD, HAROLD L 09:36:36 -PRIU 136 09:36:36 -HOLD 09:36:56 BACs +R -05A Un1t111:136 Deptll3:0024 OperNames:CRANE, RONNIE 09:39:45 ONSCN -5, A 09:42:16 ONSCN 136 09:46:43 OK 136 505A 09:56:46 PRMPT z;05 11:03:45 CLEAR 136 Dispo:C7 11:03:45 -PRIU 136 11:03:45 -CLEAR 11:03:45 CLOSE 11:05:27 REDIR Location:8801 ASTRONAUT BV, CP -->8801 ASTRONAUT BL,CC GZone:None-->37 Zone:None-->37 11:04:37 -PREMIS Comment:PPR 11:05:30 CV a5 http://10.3.0.13/CADPRD/IltmUSystemDoes/CADInterface.aspx?IHQ+%23081190263 6/23/2009 tea w %✓aju rrvov /,v.l / v Detailed History for Law Call. #080730370 As of 6/23/2009 08:34:42 Priority:3 Typc:34 - CRIMINAL MISCHF Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL [nfn•_T(TNG1,F VIIJ AGF Crea—ted-1103113/2008 10--43,24SUPR 0372 Entered: 03/13/200810:44:42 SUPR 0372 dispatch: 03/13/200810:47:44 EAST 0451 Enroute: 03/13/200810:52:20 EAST 0451 Onscene:03/13/200810:52:20 EAST 0451 Closed: 03/13/200811:06:00 EAST 0451 Primellnit:506A Dispo:I8 Type:34 - CRIMINAL MISCHF Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08073295 [�,]r Detail Y"rf Ll 10:43:24 CREATE 0372/SUPR Location:8801 ASTRONAUT BL,CC Type:34 Info:JUNGLE VILLAGE Name:GAL, OSHRI T25 RPaddr:8801 ASTRONAUT BL, CC Phone:3216980134 Source:ADMI Precinct:CP GZone:37 Type Dese: CRIMINAL MISCHF LocCross:btwn W CENTRAL BL and IMPERIAL BL Prioritv: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 -PREMIE Comment:PPR 10:44:42 NOMORE 10:46:13 SELECT 0451/EAST 10:47:44 DISP _506A DeptID:0200 Operlslames:BARTNIK, TERRY 10:47:44 -PRIU 506 10:47:44 -CASE Case#. -B08073295 10:47:38 -HOLD 10:52:20 ONSCN 506A 10:59:58 CONTCT 506A 11:06:00 CLEAR 5066 Dispo:I8 Comment:POSS WEATHER RELATED 11:06:00 -PRIU 506A 11:06:00 -CLEAR 11:06:00 CLOSE }httn•//101 0 1I/CAT)PRTI/14tml/QvctPmTlnrc/CAT)TntPrfacP acnv?TT4CI+0/.?'10R07'10 70 �17Z/�(1flA B REVARD COUNTY S HER = F F S OFF = C E COMPUTER A 2 D E D D 2 S PAT C H T RAC K= NG = NC =DENT NUMB E R — 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 ,recinct: ccp/ccp Respondents: 215 Zone: 37/37 Type: 38 ( Stolen Property ) Priority: 3 ocation: 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 eportee Address Phone ---------------------------------------------------------------------------- ILLEY, 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;07-161345] 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: C,TA('nR [CJACODS -06iO3i`07-1613481LL02 View - No Action [CJACOBS -06/03/07-161404]L02 Hold incident [CJACOBS -06/03/07-1636251DE #8269 435 [CJACOBS -06/03/07-1652051 OS 435 [CJACOBS -06/03/07-175748]L02 Agency Cleared [CJACOBS -06/03/07-175749]T98 435 Al SREV.ARD COUI�TTY SHFR=FFS OF:1�'gCE COLPUTER A�DFD D=SPATCR TRACK2NC 0701 4 3 7 S S BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 070143755 CASE REPORT ON FILE Case Number: 07143650 recinct: ccp/ccp Respondents: 200 78 78 Zone: 37/37 Type: 17 ( Felony ) Priority: 3 ocation: ,;8801 ASTRONAUT BLVD CAP Origin/Disp.: 0 /I4 CAD Dispatch /Dates/Times Initial: 05/21/2007 @ 09:18:56 Entry: 05/21/2007 @ 09:18:56 Transfere: 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 @ 1 6:28:1 8 Reportee Information �portee Address Phone ---------------------------------------------------------------------------- JNGLE, VILLAGE, CC JUNGLE VILLAGE CC 3217830595 Operator Comments [PHUMAN -05/21/07-1005181 xxxxxxxx00048S0500046700 0 [PHUMAN -05/21/07-1005181 20070521100500031FRQ FL0050021 1G4HP53L2PH41028 [PHUMAN .-05/21/07-1005181 --NCIC-- [PHUMAN -05/21/07-1005181 1L01FLS1051412455 [RLYNN -05/21/07-091929]Prev Loc: (—ENTRATA [RLYNN -0r,/21 /07-091930jD'I�7Y'T FL A:�2007 �nr.A [RLYNN -05/21/07-092044]Previous ESN: 0999 [RLYNN -05/21/07-0934181A 506A 136 [RLYNN -05/21/07-0936251797 136 [RLYNN -05/21/07-0937201CL 136 [CCP [RLYNN -05/2;;07-0959071Event Change Alert:015 Class:L Grp:CSS Us er:TMYERS [PHUMAN -05/21 /07-10051 91Grp: CSS User:TNiYE'RS Auto Narrative Alert [JWILKES -05/21/07-140606)OK 506A [JWILKES -05/21/07-1628181L02 Agency Cleared [JWILKES -05/21/07-1628201T98 506A w B REVARD COUNTY S HER = F F S OF F I C E COMPUTER A =DED D I S PATCH T RACK = NG = NC =DENT NUMB E R — 070071714 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 070071714 CASE REPORT ON FILE Case Number: 07071661 'recinct: ccp/ccp Respondents: 256 586 Zone: 37/37 Type: 38 ( Stolen Property ) Priority: 3 ocation: 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 Transfere: 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 eportee Address Phone ---------------------------------------------------------------------------- IL, 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 -03/13/07-17312310K 236 [AVELTEN -03/13/07-1738161OK 235 [AVELTEN -03/13/07-175004]PDO 236 235 [AVELTEN -03/13/07-1751471OK 235 [AVELTEN -03/13/07-175203]Event Change Alert:000 Class: Grp: Us er:bcso [A'ITE T.TEN -Q3/13/07-1 833011L02 Agency Cleared P [AVELTEN -03/13/07-1833021798 235 C7 [235 -AVELTEN -03/13/07-1833011 C7 Act BREVARD COUNTY SHBR=F'FS O�'F=CE COMPUTE R A= D E D D Z S PAT C H T RAC K� NG 2 NC =DENT NUL�B B R 0 6 0 3 O 4 1 9Z BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 060304192 CASE REPORT ON FILE Case Number: 06303906 recinct: ccp/ccp Respondents: 344 Zone: 37/37 Type: 21B ( Burg Busn } Priority: 3 ocation: 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 Dportee Address Phone -------------------------------------------------------------- - ------------ Operator Comments TRAXX AT JUNGLE VILLAGE ..REQ DEP REF ATTEMPTED BREAK IN LAST NIGHT... [AROMEO -10/28/06-093243]Auto Alert Term:010 Class:L Grp:C2 User: RLYNN [RLYNN -10/28/06-094330]T97 436 [RLYNN -10/28/06-102535]L02 Agency Cleared [RLYNN _10/28/06_102537]T98 436 30 BREVARD C OTJNT Y S HER = F F S OF F I C E C OMPLTIr E R A I ]EXE: D D S S PAT C H T RAC K= NG = NC I DENT NUMB E R — 0 6 0 2 8 4 0 9 1 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 060284091 CASE REPORT ON FILE Case Number: 06283811 recinct: ccp/ccp Respondents: 586 586 325 Zone: 37/37 Type: 21B ( Burg Busn ) Priority: 3 ocation: 8801 ASTRONAUT BLVD CAP 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 eportee Address Phone ---------------------------------------------------------------------------- IREME, FUN, JUNGLE VILLAGE CC 3217830595 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 [JFR.IMOWIT -10/08/06-035130] 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 5050 , ECHO CAN YOU HEAD OVER HERE: [JFRIMOWIT -10/08/06-0351301 505E , T4 r.7W'PTTvTinTATTT -1 n/0R/06-0351 301 5050 WEST SIDE OF THE BUILD SECOND FLOO R DOOR IS UNSECURE [JFRIMOWIT -10/08/06-035202] 505C , K10 START HEADING THIS WAY [JFRIMOWIT -10/08/06-035351] 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:0.00 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 -10/08/06-034538]T97 337 31 Operator Comments [JFRIMOWIT -10/08/06-034606]T97 505E [JFRIMOWIT -10/08/06-034709]AO 505E 505C [JFRIMOWIT -10/08/06-034939]Immediate Alert: 011 Class:L Grp:C1 User :AWOODY [JFRIMOWIT-10/08/06-034941]Immediate 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/C8/06-035946]Grp:C2 User:JFRIMOWIT Auto Narrative Aler t [JFRIMOWIT -10/08/06-041534]T98 K10 [JFRIMOWIT -10/08/06-043723]T98 505E [JFRIMOWIT-10/08/06-043730]Previous Priority: 02 [JFRIMOWIT-10/08/06-043731]Previous 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 [JFRIMOWTT-10/08/06-043736]Updating Agency Events [JFRIMOWIT -10/08/06-043745]Event Change Alert:000 Class: Grp: Us er:bcso [JFRIMOWIT -10/08/06-043844]OK 337 [JFRIMC)WTT -101/(_)8/06-044317]T98 505C (JFRIMOWIT -1 0/ 08/ 06-051 236] L02 Acrencv Cleared [JFRIMOWIT -10/08/06-051237]T98 337 , C7 [337-JFRIMOWIT -10%08/06-0512361 C/ 3a "- Corporate Warranty Deed This Indenture made, may �' y �� , 2004 A.D. Between Jaybar Amusement, Inc. whose post office address is: 8801 Astronaut Boulevard, Cape Canaveral, FL 32920 a corporation existing under the laws of the State of Florida, Grantor and Xtreme Fun, LLC, a Florida Limited Liability Company whose post office address is: 185 Cocoa Beach Causeway, Cocoa Beach, FL 32931, Grantee, Scott Ellis .erk Of Courts, Brevard County #Pgs:2 #Names:2 Trust: 1.50 Rec: 9.00 Serv:0.00 Deed: 17,500.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 IIN�INNNNONINNI�IIININIINNNI�INNIN��NNINNIBI CFN:2004164373 05-25-2004 01:44 pm OR Book/Page: 5305 / 1185 Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00 ), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of Brevard, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION Subject to taxes for the current year, covenants, restrictions and easements of record, if any. Parcel Identification Number: 24-37-15-00-817 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. Signed nd ealed in Our Presence: KAREN REEVES State of Florida County of Brevard 7 Jaybar Amusem t, Inc. c By: Harriet L. Aen Its: President (Corporate Seal) The foregoing instrument was acknowledged before me this W day of May, 2004, by Harriet L. Allen, the President of Jaybar Amusement, Inc. A corporation existing under the laws of the State of Florida, on behalf of the corporation. He/She is personally known to me or has produced drivers license as identific7), _ v� (Seal) N tary P h rao JOHN J. KAR800RD, JR. Prepared by: yrn Karen Reeves, Superior Title Insurance Agency, Inc., 1980 N. Atlantic Avenue, Suite 807 Cocoa Beach, Florida 32931 File Number: 04-1351 Closer's Choice Florida Corporate Deed/L.ettcr. My Commission Expires:: JOHN d. KABBOORD, Jf; MY COMM1SS10N / DD 194324 EXPIRES: May 11, 2007 �., • amaldTft Notary Rw.ur*wfte 33 lumillmim ORBooWPage: 5305 / 1186 DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPECANAVERAL, BREVARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID SECT70N 15 AND THE WEST RIGHT—OF—WAY UNE OF STATE ROAD AIA, A 100.00 FOOT RIGHT—OF—WAY THENCE S. 3722 24" E., ALONG SAID WEST RIGHT—OF WAY UNE, FOR A DISTANCE OF 1255.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S. 37'22 24" E., FOR A DISTANCE OF 452.06 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET, THENCE SOUTHEASTERLY AND SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT—OF—WAY LINE OF CENTRAL BOULEVARD, UNDEDICATED, HAVING A WIDTH OF 100.00 FEET, THRU A CENTRAL ANGLE OF 100'00'12 FOR A DISTANCE OF 43.63 FEET,•: THENCE CONTINUE ALONG SAID CENTRAL BOULEVARD RIGHT—OF—WAY, S. 62'37'48" W... FOR A DISTANCE OF 336.52 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 561.05 FEET,• 774ENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 14'57'08", FOR A DISTANCE OF 146.42 FEET• 3 THENCE N. 72224" W., FOR A DISTANCE OF 374.37 FEET,- THENCE N. 52'37'36" E.. FOR A DISTANCE OF 500.00 FEET TO THE ' POINT OF BEGINNING. Page 1 of 1 4 Foo-rdt, C* 1 { 4 L 6LVDA O r` r; - m } 24-37-15-00-00817.0-0000.0 � ZoomNever+ ccoun Owner Property Address Parcel Identifier To TREME FUN 18801 ASTRONAUT 4 -37 -15 -00 -00817.0 - 1 eria1 441264 LLC JBLVD 000.0 http://www.brevardpropertyappraiser.comiscriptslesrimap.dll?name=Brevardl&id=200906... 6/30/2009 35 U-9 PLANNING & ZONING BOARD MEETING MINUTES AUGUST 12, 2009 A Regular Meeting of the Planning & Zoning Board was held on August 12, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Dennis Clements Barry Brown Kate Latorre Susan Chapman Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Building Department Representative Planning & Development Director Assistant City Attorney Board Secretary All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of May 27, 2009. Vote on the carried unanimously. 2. Recommendation to the Board of Adjustment Re: Variance Reguest 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. Barry Brown, Planning & Development Director, advised that this request was for a Variance to allow a six ft. high fence within 25 ft. of a public right-of-way. The applicant was David Gal, property owner of Traxx Family Fun Center, located at the northwest corner of A1A and Central Blvd_ The property was located in the C-1 zoning district. The surrounding zonings were to the north and south C-1, to the east C-2, and R-3 to the west. The surrounding uses were RaceTrac gas station to the north, Sheldon Cove professional offices to the east, Zachery's Restaurant to the south, and Puerto del Rio condominiums to the west. S1 Planning & Zoning Board Meeting Minutes August 12, 2009 Page 2 Mr. Brown described the property as The Traxx Family Fun Center, an amusement center that included: go-carts, miniature golf, arcade games, batting cages, and laser tag. He advised that Traxx currently had a 6 ft. high chain link fence located along the west, north, and portions of the east side of the property along Al and the south side of the property along W. Central Blvd. A 4 ft. high, multi -colored, wood fence was currently erected along the remaining portions on the east and south sides of the property. The applicant was requesting 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, because of theft and vandalism. Mr. Brown referred the Board members to the reports from the Brevard County Sheriffs Department contained in their Board packet. He pointed out that according to Section 110-470 (3) of the City code, the maximum height of a fence within 25 ft. of the right-of-way was 4 ft.; therefore, the applicant would need a Variance to install a 6 ft. high fence within 25 ft. of the right-of-way. He voiced his opinion that the City code was appropriate in most cases, but he could understand where this type of business had special security needs, that were not anticipated in the code. Mr. Brown advised that because of the way that the property was developed, they could not move a 6 ft high fence back 25 ft. to meet City code, so they wanted to place it on the property line. He explained that other businesses in town had equipment that might be a target for thieves, but this type of use probably had more equipment (i_e_ go carts) and machines, with cash and coins, that would be targeted by thieves. Mr. Brown advised that the business was not open and did not have on-site security 24 hrs/day. He brought to the Board's attention that there was another similar type of business to this one, Funntasia Fantasy Golf, at the corner of N. Atlantic Avenue and Holman rRoad, which currently had a 6 ft. high chain link fence around the boundary of the property. Mr. Brown pointed out that a 6 ft. high chain link fence would not only add security from intruders, but would also add security from a child safety standpoint. He believed that their were unique circumstances to this type of business that would support the Variance, therefore he recommended approval of the Variance -with the cnnditinn that when the naw vinyl nnatarl F ft hinh chain link fence is installed, the existing multi -colored 4 ft. high wood fence that paralleled the new chain link fence be removed. Moshe Gal, representative for David Gal, petitioner, distributed a sketch of the property to the Board members, which highlighted the area where the 6 ft. high Icrlcc dvvulu be IIJLCrL U. i ire sketcL was entereU irilU the recofd s CRI11bIL B. Planning & Zoning Board Meeting Minutes August 12, 2009 Page 3 Mr. Gal explained that there was an existing 6 ft. high chain link fence around the perimeter of the property with the exception of where the 4 ft. high wood fence was located. The property has 1,375 ft. of chain link fence, and 433 ft. of 4 ft. high wood fence. He advised that he would remove the 4 ft. wood fence when the new fence is erected. Mr. Gal testified that they were not requesting the Variance for the reason of visibility, but for security, due to vandalism and theft. He advised that over the past three years they have had 10 incidents of break-ins, with no convictions. The Sheriff's department was doing everything they could, but the property was so big and so dark at night. He advised that two months ago a go-cart was stolen and lifted over the 4 ft. high fence and that was why they were requesting a Variance to allow the 6 ft. fence link fence in order to make it harder for vandals to lift equipment off of the property. He pointed out that they could not move the fence back to 25 ft. in order to meet the City code, because along the front there was a waterfall with a pond area that abutted the property line; and on the side along Central Blvd. was a retention area, so the only place they could erect the 6 ft. high chain link fence was where the existing 4 ft. wooden fence was located. He pointed out that the area requested for the Variance was only 23% of the total property frontage. The new 6 ft. high chain link fence would be vinyl coated. Harry Pearson advised that there were other security devices available. Mr. Gal advised that they were considering other security measure, such as a better surveillance system. He explained that there was not only theft, but vandalism, because it was easy for the kids to jump over the 4 ft. fence at night, a 6 ft. high chain link fence would be harder for them to jump over. Chairperson McNeely asked legal counsel if this was an appropriate request for a Variance. :ate Latorre, Assistant City Attorney, answered yes, the height of a structure including a fence was appropriate for seeking a Variance. The Board members reviewed the application worksheet, in accordance with Section 110-62 (A -F) of the City code and verified that: (A) Special conditions and circumstances exist which are unique to the lanri ctn erti ire nr bi iiirlinn inyni ��erl and is nn+ M inco nhl+0 „+k-,- o-4- .� u ,- IJ „VL VA F I Q,J IC LV %J ll IGI 101 IUD, buildings or structures in the same district. Mosh Gal testified that they have had over 10 burglaries, break-ins, and thefts over the past three years with no captures or prosecutions, even with the use of Sheriff Department K -9s. 11 Planning & Zoning Board Meeting Minutes August 12, 2009 Page 4 Mr. Gal explained that when the perpetrators enter the building is when the alarm is tripped and the police are called. He advised that one of the go-carts was stolen from the shop and it was lifted over the 4 ft. fence. David Gal testified that they have spent thousands of dollars upgrading the cameras, but they keep getting robbed. The Sheriff's Department had suggested that they install a taller fence and upgrade the surveillance cameras. (B) The 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. Mr. Gal testified that other properties were not as appealing as his property as far as theft and vandalism; and the property is large and dark with obstacles, including the miniature golf area where it was easy to hide from law enforcement and by the time law enforcement responds, open the gates and searches the property the vandals are long gone. Mr. Gal advised that the hardship was that the use of the property was an attractive nuisance and a 6 ft. high chain link fence was needed for added security and safety, which could not be moved back 25 ft. to meet the City code, because there were unique circumstances and obstacles, such as: a water fall that was located on the property line, and a retention area that was always wet. He added that when they purchased the property they were unaware that they would have problems with break-ins. Mr. Friedman asked the petitioner if he could move the new fence 2 1/2 ft. from the existing sidewalk and on the property. Mr. Gal agreed to move the new fence back 2 1./2 ft. so it would be located on the property and not in the right-of-way. (C) Special conditions and circumstances referred to in item (A) do not result from the actions of the applicant. Mr. Gal testified that it was not the actions of the applicant that were causing the vandalism and break-ins; the security issue was a result of trespassers; and the property owners are trying to keep the property safe from intrusion. Other businesses do not need such security measures, because they do not have attra CtivA nuiea noes, suvi-i as go=l^,ar is anChmcdfiei&L--.. hed as --C ;4 and itly dd y could move them inside, where most of attractive nuisances at this location are located outside. He added that he needed to secure his property and a 4 ft. high fence was not sufficient. WA Planning & Zoning Board Meeting Minutes August 12, 2009 Page 5 (D) Granting the Variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or building in the same district. Mr. Russell advised that it was not a special privilege to allow a property owner, with attractive nuisances, to secure his property. The property owner testified that he already installed various security devices to assist in protecting his property. The property owner was trying to install one more measure of protection and was asking for relief from the City to allow him to do that. Donald Dunn questioned the petitioner if he could install a 6 ft. fence elsewhere on the property where the attractive nuisances existed and still meet the code. Mr. Gal answered that everything was getting vandalized on the property, not just in one specific area. It was impossible to erect a fence around the miniature golf area because there were so many obstacles in that area. There were other options he was considering such as solar motion lights to light the interior of the property, but the residents behind them would not like that; using K -9s was also considered, but they can get loose and possibly hurt someone, so that was no longer an option. (E) The reasons set forth in the application justify the granting of the Variance, and the Variance, if granted, is the minimum that would make possible use of the land, building or structure. Mr. Gal testified that they were also considering upgrading the existing surveillance system, but if he couldn't eliminate people from stealing and lifting items over a 4 ft. fence, the added surveillance system would not be very helpful. He further testified that go-carts were scattered throughout the property and not confined to just one area, because he had three go-cart tracks. (F) 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. Mr. Gal answered that the request was strictly for the purpose of security, which would not endanger the community. Mr. Dunn added that another consideration was that the mm�ertywa-q g1rPgriv PnrincPrl With n A ft chain linle fonro and he --- --"--- ---- 1-" _"V __,,___j....v.vvv,.. ...a.. _ v .,. v..a..an. .. _ ".I. .ate was requesting just for a little bit more fencing. Mr. Russell added that the expansion of the existing 6 ft. high chain link fence would add to the security to deter vandals and therefore, would save the Sheriffs department from responding to so many calls at that location. alu Planning & Zoning Board Meeting Minutes August 12, 2009 Page 6 Motion by Harry Pearson, seconded by John Fredrickson, to recommend approval of Variance Request No. 09-03 to the Board of Adjustment. An ensuing discussion followed. Mr. Russell identified the hardship of the request. He stated that the property owner could not effectively secure his property without the granted Variance. Mr. Johanson commented that chain link fences were ugly. He advised that the City was trying to improve its looks, and suggested that an aluminum fence be installed. Mr. Gal advised that an aluminum fence was four times more expensive than a vinyl coated chain link fence. Joyce Hamilton, citizen, advised the Chairperson that there were comments from the audience. David Schirtzinger, citizen, stated that he was in support of the 6 ft. high fence. He commented that Mr. Johanson had touched on something very important, which was the visual aspect of the type of fencing the applicant was proposing to install at one of the most visible corners of the City. Mr. Schirtzinger voiced his opinion that he had never seen a nice looking chain link fence; however the vinyl chain link would look nicer than uncoated chain link. He commented that although aluminum fencing would be more expensive for the applicant, it would be a much nicer look for the citizens of the community, especially at a time when the City was trying to clean up its look, and therefore it was not unrealistic to impose on the applicant to utilize a different type of fence other than chain link. Donald Dunn commented that the code did not mandate fence types. Mr. Johanson advised that conditions could be placed on Variances. Ms. Latorre gave her legal opinion that it would be considered a reasonable condition of approval, and the Board was authorized to recommend reasonable terms and conditions in granting a Variance or Special Exception, that would benefit the community or mitigate any potential harm caused by the Variance. Mr. Pearson commented that it was ridiculous to impose a condition to replace the existing wood fence with another type of fence the he didn't even know what it looked like. He advised that 80% of his property would still have the chain link. He voiced his opinion that it would be better to have all the fencing the same. He PxnIAInPd that if thio WaC a brand nP\N facility that hart noxior knnn hi til+ r%f4 +ko- were asking for this Variance, then he would agree to consider another type of fencing, but that was not the case with this request. Mr. Gal clarified that the existing fence along A1A was vinyl chain link. Mr. Russell and Mr. Dunn both advised that they did not support an aluminum fence for this application. M Planning & Zoning Board Meeting Minutes August 12, 2009 Page 7 Discussion was held regarding if fences were still required to be approved by the Community Appearance Board. Mr. Brown responded that he would check on the question and report back to the Board. Kate Latorre advised that she recalled an administrative directive that the Building Department was not going to require Community Appearance Board review anymore for fences. Joyce Hamilton, citizen, advised that Mr. Gal had made tremendous upgrades to the security since he purchased the property, and she was sure that he would plant something very nice and colorful along the fence to make it conducive to looking at it from A1A. Mr. Pearson advised that he would not support the idea as a condition, because 80% of the fence already existed along A1A. He pointed out that the applicant was only asking for completing his encirclement of his property with a fence that will give him added security. Mr. Russell identified the hardship was that the property owner could not effectively secure his property without the granted Variance. The Board held discussion regarding conditions of the recommended approval. Following discussion, the Board members agreed to include two conditions. The new fence shall be located a minimum of 2 1f2 ft. from the existing sidewalk and on the applicants property. 2. The existing wooden fence shall be removed when the new fence is installed. Mr. Russell moved to amend the motion to add the two conditions as stated. Mr. Pearson seconded the motion to the amendment. Vote on the amendment carried unanimously. Vote on the main motion as amended carried unanimously. 3. Recommendation to City Council Re: Proposed Ordinance Amending Chapter 110 - Non -Conforming Structures - Kate Latorre Assistant City Attorney. Kate Latorre, Assistant City Attorney, advised that staff proposed revisions to clarify the City non -conformities, in regards to what a structural alteration is, and when n nrnnarty nWner can cfn #t- l irg11%i mnrlifxi n nn _con orry ing Ljuil.din r' r - 1-1 �- Y 11 wull y p I I%J UI nvI 11111 ll�. {JuilUil Il� to preserve a longer life, or to maintain it. The purpose of the non -conformity section of the City code in having the regulations is to eventually distinguish non- conforming uses and non -conforming structures. There was a need for clarifying when a non -conforming structure can be altered, beyond a certain point, to extend its life. m 61 thl 0 fill i - � rt'Fxuv ca� -fit — .pr y't--. ` a i( rU m x Y - tr Llr w ns ao-:cc m w t5 ON(O,O Ol y/ 1 5 ✓Nd'_� [Ib 4 it .4r 5 0 /81 y 9 ..NCJ .. r Z 11-A f IR7 p ' \ _ M c _ i Zexat- -3-_2�i.,ea-os iii ZS'G '3v t,a, G'Z'„zzf' 45