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HomeMy WebLinkAboutMinutes 08-31-2009 3 City of Cape Canaveral Board of Adjustment Meeting Minutes August 31, 2009 A Meeting of the City of Cape Canaveral Board of Adjustment was held on August 31, 2009 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. Assistant City Attorney, Kate Latorre, called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Chairperson Paula Collins Vice Chairperson Dennis Jenkins George Sweetman Linda Brown Douglas Raymond 1st Alternate OTHERS PRESENT: Susan Chapman Secretary Kate Latorre Assistant City Attorney Bea McNeely Ex officio Member Robert Hoog Mayor Pro Tem Barry Brown Planning & Development Director All people giving testimony were sworn in by Assistant City Attorney, Kate Latorre. John Bond, Chairperson, announced that the Planning & Zoning Board Meeting Minutes contained in the board packets were in a draft version only and would not be official until they were approved by the Planning & Zoning Board. NEW BUSINESS 1. Motion: Approval of Meeting Minutes - June 22, 2009. John Bond, Chairperson, made a clarification on page 4 of the June 22, 2009, where he advised that he would add a condition onto a motion. He requested that the minutes be clarified that the motion was never made. Motion by John Bond, seconded by Linda Brown, that the meeting minutes of June 22, 2009, is approved with the noted clarification. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes August 31, 2009 Page 2 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 C -1 Zoning District, (8801 Astronaut Boulevard), Section 15, Township 24 South, Ranqe 37 East, Parcel 817.0 - David Gal, Applicant for Xtreme Fun, LLC, Petitioner. John Bond, Chairperson, read the agenda item for the record. Barry Brown, Planning & Development Director, gave a staff report. He advised that this was a request for a Variance to allow for a fence to be 6 feet in height rather than the four feet called for in Section 110- 470(3) of the City code; the applicant and owner was David Gal; the subject property was the Traxx Family Fun Center located at the northwest corner of A1A and Central Boulevard; the surrounding zoning was as follows: North - C -1, East - C -2, South - C -1, and West - R -3; surrounding uses were as follows: North - Race Trac, East - Sheldon Cove, South - Zachery's Restaurant; and West - Puerto del Rio condominiums. Mr. Brown described the property as Traxx Family Fun Center, an amusement center that includes: go -carts, golf, arcade games, batting cages, and laser tag. A six foot high chain link fence was currently located along the west, north, and portions of the east (A1A) and south (Central Blvd.) sides of the property. A 4 ft. high multi - colored wood fence was currently installed along the remaining portions of the east and south sides of the property, at the intersection of A1A and Central Boulevard. Because of theft and vandalism, the applicant would like to extend the 6 ft. high chain link fence along the remainder of the east (A1A) and south (Central Blvd.) boundaries to completely enclose and secure the property. Mr. Brown advised that the City Code of Ordinances, Section 110 -470 (3), in part, stated that: "In any commercial or industrial district, no fence or wall in any side or rear yard shall be over four feet in height if within 25 feet of any public right -of- way." He clarified that according to the code, a fence may only be 4 ft. high if located within 25 ft. of the right -of -way, therefore the applicant would need a Variance to install the requested 6 ft. high chain link fence within 25 ft. of the right -of -way. Mr. Brown explained that he could see where this type of use has special security needs not anticipated in 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. He referred the Board members to the attached reports from the Brevard County Sheriff's Office, contained in their board packets, confirming the owner's claim of theft and vandalism. He further explained that 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 the 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. Board of Adjustment Meeting Minutes August 31, 2009 Page 3 Mr. Brown advised that the Planning & Zoning Board recommended approval with the following conditions: That the new fence be located a minimum of 2 1/2 feet from the existing sidewalk and on the applicant's property; and the existing wooden fence be removed when the new fence is installed. He advised that staff recommended approval to the Board of Adjustment with the conditions recommended by the Planning & Zoning Board, as well as the following: The Variance be conditioned on the property remaining in the current use as an amusement center; and the entire fence including: chain link, rails, and posts be vinyl coated in either dark green, dark brown, or black color. Mr. Gal, applicant, described the type of theft and vandalism that occurred on his property. He advised that his type of business was an attractive nuisance to thieves and vandals. He explained the various safeguards were already in place, and planned to continue to improve and expand them; however, the thefts were a result of easy access to the property over the existing 4 ft. fence; and kids have been seen going over the fence and jumping off the rocks into the pond area. He agreed that if the Variance is granted, he would remove the existing 4 ft. wooden fence when the 6 ft. chain link fence is installed. Mr. Gal advised that he did not price -out aluminum fencing, because a 6 ft. green vinyl chain link fence would match the existing fence that already exists. Mr. Brown advised that he had a price quote for an aluminum fence and stated that it was almost twice as expensive as vinyl chain link. Mr. Gal clarified that the existing chain link fence was green vinyl. The Board members held discussion regarding fencing around the pond. The Board members voiced concerns regarding aesthetics of chain Zink fencing along A1A. Discussion was held regarding if fences needed approval by the Community Appearance Board. Mr. Brown advised that in the past, fences were brought to Community Appearance Board, but staff ended that practice at the end of 2007. He advised that he reviewed the City code regarding responsibilities of the Community Appearance Board, and he did not interpret the code as calling for fences going to the Board. John Bond, Chairperson, advised that based on the police reports some type of added security was needed. He commented that he drove around to various locations throughout the City and found some of the chain link fences needed maintenance; and it was evident the businesses that had chain link fences (some with barbed wire) were trying to protect their property. He noted that some of the businesses had items and equipment that could not be kept inside buildings; therefore, protection and security measures such as chain link fences were in place. Board of Adjustment Meeting Minutes August 31, 2009 Page 4 Assistant City Attorney, Kate Latorre, directed the members to page 15 of the board packet. Discussion was held regarding criteria to form a motion. Motion by John Bond, seconded by Paula Collins, to grant the applicant's request for a Variance for a 6 ft. high chain link fence to be located within 25 feet of a public right of way, in the C -1 zoning district, with the following conditions: • The new fence shall be located a minimum of 2 1/2 feet from the existing sidewalk and on the applicant's property. • The existing wooden fence shall be removed when the new fence is installed. • The new fence shall be located a minimum of 2 1/2 feet from the existing sidewalk and on the applicant's property. • The existing 4 ft. wooden fence shall be removed when the new fence is installed. The Variance is granted, based on the criteria that special conditions and circumstances exist, which are unique to the land, structure or building involved, that are not applicable to other lands, buildings or structures, in the same zoning district. The literal interpretation of the provisions set forth in Section 110 -470 (3) of the Cape Canaveral code of Ordinances, under which the Variance is being sought, would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, and would work unnecessary and create undue hardship on the applicant. The special conditions and circumstances do not result from the actions of the applicant. The approval of the Variance 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. The granting of the Variance is the minimum that would make possible use of the land, building or structure. The approval of the Variance, as conditioned, 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. Vote on the motion carried unanimously. OPEN DISCUSSION Barry Brown, Planning & Development Director, invited all the members to attend the next Visioning workshop. He advised that the results of visual preference survey would be announced; the visioning mission statement would be finalized; and the results of the real estate analysis would be explained, including the properties that were being underutilized, and of how certain properties might be aggregated to have a large enough parcel to create a modern development. Board of Adjustment Meeting Minutes August 31, 2009 Page 5 Dennis Jenkins asked Mr. Brown how the City would start implementing and migrating toward the visioning change without undue hardship to businesses, such as Traxx Family Fun Center. Mr. Brown answered that he was hoping one of the outcomes of the visioning would be a call for some architectural design standards, of which fencing would be part of that. Discussion continued regarding various aspects of visioning for the city's future. There being no further business the meeting was adjourned at 7:54 p.m. Approved on this ` r �_h day of , 2009. John :ond, airperson 7 Susan L. Chapman, Secretary