HomeMy WebLinkAboutCE 2014-50 Ulty of Cape Canaveral
a
Community & Economic Development Department
GCT/OF
CAFE CAH"ERAL
NOTICE OF COQ,!PI.A NCE
June 25, 2014.
Virginia D Eberwein, `I'rnstee &
Elizabeth W. Eberwein, ET Al
P.O . Box 477
Cape Canaveral, Ft. 32920
CASE NCS': 20)14-0)0)0)501
LOCATION OF VIOLATION: 6811 N Atlantic Avenue, Cape Canaveral, FL 329201
PI: 24-37-23-010)-0105101.1-0)01010.00)
RESPONDENT(S): Eberwein, Trustees,
Your property was found in compliance on June 24, 2014, by meeting the requirements of the
Notice of Violation.
DESCRIPTION OF VIOLATION.
Section 82-31, The Florida.Building Code Adapted; The Florida Building Code 20107 edition.
FLB'C 1015.1 Required Permit(s);
FLBC 109,1 General. Inspection(s);
Section 1101-27, (b); Authority,
Sec. 1.10-334 (C) '(8) - Special exceptions permissible by board of adjustment.
* Mote: Merchandise "may not" be displayed outside of the approved display area as described
in your Special Exception #12-01.
Thank you for your cooperation in this matter.
If you have any questions, please do not hesitate to contact me at(321) 868-1222.
Sincerely,
urea Alexander,.
Code Enforcement Officer
C: David Lane, Business Clwners
7510 N.Atlantic Avenue ® Past Office Bax 326 . Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.cityofcapecanaveral.org email: info@cityofcapecanaveral.org
1
CITY OF CAPE CANAVERAL CODE ENFORCEMENT CASE FILE
WORK SHEET
CASE NO.
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Community Economic Development Department
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CAME CAMAVEIRAL
NOTICE OF VIOLATION
THE 'CITY OF CAPE CANAVERAL 1, CASE NO. 2014-00450
A Florida Municipal Corporation, Date; 6/14/14
Complainant,
V.
Owners of the property located at:
6811 N Atlantic Avenue, Gape Canaveral, FL 32924
Respondent(s):
AIA Beach Rentals, LLC CIO Daniel B. Pattillo
Virginia D. Eberwein Trustee & Elizabeth 'fid Eberwein, ET AL
PURSUANT to Section 162.46, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of
violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below.
Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below
is/are to be voluntarily performed within fifteen(15) days.
In the event that the violations(s) is/are not corrected within the time period set forth alcove or the
violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may
be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral,
and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $254 per day for each first violation or up to $544 per
day for each repeat violation described in this notice until the violations(s) has/have been corrected. IF
THE VIOLATIONS) IS/ARF. CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE
RESPONDENTS) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND
REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
6811 N Atlantic Avenue, Cape Canaveral., FL 32920
2.. Name and address of owner(s) of property where violation(s) exist:
AIA Beach Rentals, LLC & Virginia D Eberwein, Trustee Elizabeth W Eberwein, ET AL
C/O Daniel B Pattillo R. A P.Q. Bax 477
6811 N Atlantic Avenue Cape Canaveral, FL 32924
Cape Canaveral, FL 32924
7514 N. Atlantic Avenue d Past Office Box 326 e Cape Canaveral, FL 32920.0326
Telephone: (321) 868-1222 o Fax: (321) 868--1247
www.ciryofcapecanaveral.org - email: infoOciryofcapecanavera6.arg
2014-00050
Page 2
Numerous site visits have revealed continued violations of the conditions of your granted Special.
Exception. No. 12-01, to allow outdoor display of the Rental Equipment and the Kayak Trailer. On
numerous occasions staff has requested that you cease the display of the rental equipment outside of
the allowable display area. You are in violation of condition 1, 2, and 4, of your granted Special
Exception approved pursuant to Section 110-334 (c) (b) for retail establishments to display
merchandise outdoors.
3. Description of Violation(s) at property: Section 110-27, (b); Authority The respective board
rendering final decisions may impose reasonable conditions and safeguards on any approved rezoning,
variance, special exception or administrative appeal to the extent deemed necessary and relevant to
ensure compliance with applicable criteria and other applicable provisions of the city code and
comprehensive plan. Such conditions and safeguards, when made part of the terms under which the
rezoning, valiance, special exception, or administrative appeal is granted, have the same force and
effect as any other provision of this Code, and violation of same shall be deemed to be a violation of
this Code and punishable by this Code.
All final permits issued under this chapter may be temporarily suspended or absolutely revoked by
majority vote of the board that rendered the final decision if the board later determines at a public
hearing that either.
(2) The applicant has committed substantial violations of the terms and conditions of any final permit;
Sec. 110-334 (C) (8) - Special exceptions permissible by board of adjustment.
(a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment
may pen-nit special exceptions, which are compatible to pen-itted uses and which are able to meet the
minimum requirements and performance standards as set forth in this zoning district.
(b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as
necessary and appropriate in granting special exceptions.
Your Special Exception was granted by the Board of Adjustment with the following conditions and
safeguards:
1. The display area shall be limited to 446 sq. feet in total area;
2. The display area shall be in substantial accordance with the site plan presented that depicts the
location of the display areas;
3. Display shall be limited to beach rental equipment to include: surfboards, paddle boards,
bicycles, canoes, kayaks, and (1) canoe/kayak trailer; and.
4. All rental equipment/display is to be brought inside the building after operating hours with the
exception of the licensed canoe/kayak trailer.
2014-00050
Page 3
You have continually violated conditions (1), by placing the rental equipment near the sidewalk area;
and (4), by not bringing all rental equipment into the buildings after operating hours.
City of Cape Canaveral Code of Ordinances:
Section 94-76, Temporary on-premises signs, (a) Temporary on-premises signs shall be permitted
under the following conditions:
(11), If the temporary sign is promoting products or services available on the premises, the sign may
only be displayed during the normal business hours of the business located on the premises. Staff has
observed the signage being displayed during non-business hours.
5. Recommendation(s) to correct the violation(s) described above:
• Comply with the conditions as set forth by the Board Adjustment for the display of your
rental equipment as stated above, and as depicted by the attached site plan showing the
allowed display areas.
• All temporary signage must be in compliance with the Section 94-76, (11), as stated above.
Failure to comply within fifteen (1 S) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained herein,
do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral,
(321) 868-1222.
puree Alexander
Code Enforcement Officer
NOTIFICATION SUMMARY
CASE NO 2014-00050
NOTICE OF VIOLATION
6/10/I4
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Virginia D. Eberwein,Trustee
Elizabeth W Ebelrwein, ET AL.
P.O. IBox 477
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Planning and Zoning Board
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STAFF' REPORT
Request: For a Special Exception to all for the outdoor display of beach rental
equipment at 6811 No. Atlantic Av. per Section 110-334(c)(8).
Applicant IDaniel Pattillo
Owner of property., Virginia Eberwein
Subject,prop": 61811 No.Atlantic Avenue; building also houses,the Bald Strawberry
and Flip Flop Pool and Spa Supplies.
Future Land Use and Zoning designation: C-1, Commercial
Surrounding zoning:
North— -1® Commercial
East—Brevard County Commercial Zoning
South —C-1, Commercial
West—C-2, Commercial
Surrounding uses:
North and West—Cocoa Palms Mobile Home Park
East— Yogi's Food and Liquor Store
South—Dollar and Thrifty Car Rental
SurnMW
The applicant has leased space at 6811 Atlantic (SR AIA) and is conducting a beach
equipment rental business. The applicant is requesting a Special Exception for outdoor
display. The ability to display "out of doors" the equipment available for rental is a vital
part of marketing a business of this nature. Outdoor display for retail stores in C®1
Commercial Zoning District is allowed pursuant to a Special Excepho:n,
Section 110-334(c)(8):
Retail stores using outside display areas, provided the follovWng are met
a. The area of outside display shag not exoeed in size one-ftid of the enclosed
area of the principal structure.,
b. The outside display area shall be considered the same as the floor area for the
purpose of calculating offstreet parking, setbacks, and lot coverage,
Thetenant space of 1338 square feet times 1/3 = 441 sf of outdoor display area. The
location of the outdoor display area is depicted on the attached site plan. All rental
1
Approved with tile folloWin(T additional conditions and safeguards ii-riposed,by the Board:
_I ppi 0
1. The display area shall be limited to 446 sq.ft.in total area;
2. The display area shall be in substantial accordance with the site plan presented that depicts the location of the display areas;
3. Display shall be limited to beach rental equipment to include;surfboards,paddle boards,bicycles,canoes,kayaks,and(1)
canoe/kayak trailer;and
4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed
canoe/kayak trailer
Denied for the folloNvin-reasons:
IX. Pursuant to Section I l0-33,Cape Canaveral Code,any party aggrieved by any final decision ofthe
Board ofAdjustirient 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(1Q)Calendar days ofthe date of the Board
ofAdjusti-nent's final decision. The City Manager shall schedule the appeal for the next regular City
Council meeting, The City Council shall hear and consider the appeal de novo and consider
evidence and testri-nony ofany interested party. The Council shall have the right to either affirm or
reverse,in whole or in part,the decisions ofthe Board of Adjustment.. The City Council's decision
shall be final and Subject to appeal to a Court ofCompetent Jurisdiction.
FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF
ADJ-USTMENT TO THE CITY COUNCIL WITHIN TEN (10), CALENDAR DAYS SHALL BE
DEEMED A WAIVER COF THAT PAI TYS RIGHT TO JUDICIAL REVIEW AND THE BOARD
OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL.
A copy of a Notice of Appeal forrn is attached to this order.
Done and Ordered this the day of 20
Attest:
Chairman
P,ecording Secretary
Board ofAdjL[Strnent
Special Exception Order
Pacre 4 of4
Detail by Entity Name Page 1 of 2
Detail byVIII t,7w
Florida Li ite Liability
A1A BEACH RENTALS LLC
Fili cg Inf2 ati'c�n
Document Number L11000098842
FEI/EIN Number 383850194
Date Filed 08/29/2.011
State FL
Status ACTIVE
Effective Date 08/2912011
E!fl i al dress
6811 North Atlantic Ave
suite c
cape canaveral, FL 32.920
Changed: 04/12/2013
aiiin Address
5811 North Atlantic Ave.
suite c
cape canaveral', FL 32920
Changed: 04112/2013
Re istere A ent Name &Address
PATTILLO), DANIEL B
1218 POTOMAC DRIVE � L"P�
MERRITT ISLAND, FL 32952 hj 0- a 5
Authorized Marson s etaii
Name &Address
Title MGRIVI
LANE, 'DAVID
6811 (North Atlantic AveJ �
suite c
cape canaveral, FL 32920
Annual�rts
http://search.sunbiz.org/lD.quiry/CorporationSearchISearchResultDetail/EntityNamne/flal-11... 6/10/2014
Rocky Randells
From: davidvlane@hotmail.com on behalf of David Lane <contact@alafunrentals.com>
Sent: Monday,June 02, 2014 1:19 PM
To: Rocky Randels
Subject- Cape Canaveral Merchant for 3 years
Mr, Mayor:
I have been a Cape Canaveral merchant for 3 years and have yet to meet your acquaintance or see you
visit my shop. I expect this to be remedied very soon. You are invited to stop in as soon as you are free.
Good day.
David Lane
AlA Beach Rentals
6811 N Atlantic Ave., Suite C
Cape Canaveral, F1 32920
321-505-7455 shop phone
321-403-3793 cell
website: www.alafunrentals,corn
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon
request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want
your email address released in response to a publlic-records request, do not send electronic email to this
entity. Instead, contact our office by phone or in writing
Duree Alexander
From: Ronald FRIEDMAN <rfriedman999@bellsouth.net>
Sent: Friday, May 23, 2014 5:19 PM
To: Duree Alexander
Subject: City Codes
FYI, the bicycle/kayak rental place had their bikes out near the sidewalk today (Friday),
but no sense citing them.....since the Radisson has been parking buses, cars, pick up
trucks, and even a limo EVERY DAY on the grass along W. Centralfor the past 19
days, with some of the vehicles even parked on the grass overnight. So if "staff' says
that the Radisson's action are regular or often enough, then the bike/kayak rental place
shouldn't be cited.
oh...I forgot. the bike/rental place is just a small business person, whereas the
Radisson is a BIG business owned by a local bigwig.
Ron Friedman
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
Duree Alexander
From: Ronald FRIEDMAN <rfriedman999@beHsouth.net>
Sent: Monday, May 12, 2014 9:53 AM
To: Duree Alexander
Subject: City Codes
Good morning Duree,
1. The bicycle/kayak rental place next to the pool supply place has started putting
bikes and kayaks out front almost to the sidewalk,
2. 1 never heard back about Beachwave having display more than 15" from, the door
3. The Radisson has started parking cars, pickups, and buses on the grass on both W.
Central andl Thiurm.
Ron
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing