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HomeMy WebLinkAboutXtreme Fun (2)Kate, It has been a long time since I’ve done minutes for an appeal hearing. Do you believe the following is sufficient or should I go in to more detail? Thanks, Angie 7. Xtreme Fun, LLC Appeal of Community Appearance Board (CAB) Order: Assistant City Attorney Latorre explained the procedures to be used in this portion of the meeting. She asked anyone wishing to give testimony to stand and be sworn in, at which point she administered the oath. Planning and Development Director Brown explained the desire of the property owner to re-develop the property and the discussions about the proposed elevation of the building. He reviewed the work done to prepare for the Community Appearance Board Meeting; his recommendations to the CAB, the order from the Board and the elevation proposed by Staff. He introduced Staff’s Exhibit “A”. Attorney Rezenka, representing Xtreme Fun LLC, introduced herself to the Council. She questioned Mr. Brown, to which he responded. Mr. Brown also responded to questions from the Council Members and Assistant City Attorney Latorre. David Mentzle, Architect for Xtreme Fun, LLC, reviewed his qualifications and noted many projects in the area designed by him. He reviewed the six requirements of the CAB and provided reasons for not constructing the building in the manner ordered by the Board. Mr. Mentzle responded to questions from Council Member Hoog regarding the view from the rear of the building. Attorney Rezenka introduced a certified copy of the CAB transcript, which was marked as Applicant’s Exhibit “1”. Ms. Rezenka provided the City Council an overview of why the Council should reverse/change the Board order. Mayor Randels noted the City Code calling for to extend the meeting past 10:00 p.m. Motion by Council Member Hoog, seconded by Council Member Petsos, to extend the meeting until 10:30 p.m. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. Attorney Rezenka continued her explanation and reviewed testimony presented at the CAB. She submitted and reviewed Applicant's Exhibit "2" and "3". She requested Council approve the project as designed without the four conditions imposed by the CAB. She agreed with the conditions dealing with the detail in the back of the building and the wainscoting along the bottom. She felt the City could approve because there are no overlay district guidelines at this point; the application design is compatible with the existing development in the area; it has met the criteria of the level two review; this is the building the applicant wants to build/design/business model. She felt without written definitive standards the property owner could be subject to the whim of the city staff and requested the Council overturn the decision of CAB. The Public Hearing was opened. Art Spurrell, president of the Puerto Del Rio Homeowners Association, asked his members of the HOA who do not support the "Beach Wave" as submitted to stand, to which approximately 30 people stood. No individuals stood when asked for those supporting the proposal to stand. He read a prepared statement into the record advocating the Council not approve the site plan as presented by the applicant. Attorney Rezenka showed Mr. Spurell four pictures of buildings, which were a part of Staff’s Exhibit ‘A” and asked if these represent the other stores he was speaking of; to which Mr. Spurell replied they are very similar to them; however windows were painted or covered with product/signs saying “going out of business” or something similar. Elizabeth Cogswell spoke to truth in advertising and bait/switch and going out of business sale signs for an extend period of time, which she believed might happen at this location. Sandra Gordon explained her background in real estate and expressed her concerns related to the very specific nature of this building would reduce its future uses. Motion by Council Member Bond, seconded by Council Member Hoog, to continue the meeting for thirty more minutes. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. Susie Carter advocated for the City to continue to move forward with code/Ordinance changes to ensure future buildings are in harmony with the Envision Plan. The Public Hearing was closed. Mosh Gaul rebutted comments made indicating his business operations outside the City have going out of business signs. Council Member Hoog pointed to a picture and asked Mr. Gaul if that is his building, to which Mr. Gaul replied in the affirmative. Mr. Hoog then indicated two weeks ago there was a going out of business sign in the window. Mr. Gaul refuted Mr. Hoog's statement. Assistant City Attorney Latorre clarification the code reference cited in the agenda packet was in correct. She noted the correct code section is 110-33 and indicated nothing the Council used the correct criteria for their review. Ms. Latorre also provided clarification of her statement at the CAB Meeting indicating any conditions the Council may impose must be reasonable safeguards and conditions. Council Member comments included the need to align the City’s Codes with the Vision statement; the objectionable view of the air conditioning units to the west side of the property and the recommendation to carry the parapet wall to the rear of the building as well as some type of banding; the restrictions of the sign code and the need to further strengthen the code; whether the proposed building consists of three or four units; the suggestion to paint something to break up the corners of the building and the encouragement for the property owner to be a good neighbor to give consideration for the back of the building. Mr. Gaul indicated he agreed to modification to the back of the building to include the parapet. A motion was made by Council Member Hoog to approve the Beach Wave as presented with changes to the back views to include a parapet and the two conditions that they agreed to from the Community Appearance Board. The motion was seconded by Council Member Bond. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. Angela M. Apperson, MMC Assistant City Manager/City Clerk (Administrative/Human Resource and Risk Management Services) City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Office Phone: 321-868-1220 x 220 Office Fax: 321-868-1248 IF IT IS TO BE; IT IS UP TO ME Please note my new e-mail address: a.apperson@cityofcapecanaveral.org <mailto:a.apperson@cityofcapecanaveral.org> 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. aring was opened. Art Spurrell, president of the Puerto Del Rio Homeowners Association, asked his members of the HOA who do not support the "Beach Wave" as submitted to stand, to which approximately 30 people stood. No individuals stood when asked for those supporting the proposal to stand. He read a prepared statement into the record advocating the Council not approve the site plan as presented by the applicant. Attorney Rezenka showed Mr. Spurell four pictures of buildings, which were a part of Staff’s Exhibit ‘A” and asked if these represent the other stores he was speaking of; to which Mr. Spurell replied they are very similar to them; however windows were painted or covered with product/signs saying “going out of business” or something similar. Elizabeth Cogswell spoke to truth in advertising and bait/switch and going out of business sale signs for an extend period of time, which she believed might happen at this location. Sandra Gordon explained her background in real estate and expressed her concerns related to the very specific nature of this building would reduce its future uses. Motion by Council Member Bond, seconded by Council Member Hoog, to continue the meeting for thirty more minutes. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. Susie Carter advocated for the City to continue to move forward with code/Ordinance changes to ensure future buildings are in harmony with the Envision Plan. The Public Hearing was closed. Mosh Gaul rebutted comments made indicating his business operations outside the City have going out of business signs. Council Member Hoog pointed to a picture and asked Mr. Gaul if that is his building, to which Mr. Gaul replied in the affirmative. Mr. Hoog then indicated two weeks ago there was a going out of business sign in the window. Mr. Gaul refuted Mr. Hoog's statement. Assistant City Attorney Latorre clarification the code reference cited in the agenda packet was in correct. She noted the correct code section is 110-33 and indicated nothing the Council used the correct criteria for their review. Ms. Latorre also provided clarification of her statement at the CAB Meeting indicating any conditions the Council may impose must be reasonable safeguards and conditions. Council Member comments included the need to align the City’s Codes with the Vision statement; the objectionable view of the air conditioning units to the west side of the property and the recommendation to carry the parapet wall to the rear of the building as well as some type of banding; the restrictions of the sign code and the need to further strengthen the code; whether the proposed building consists of three or four units; the suggestion to paint something to break up the corners of the building and the encouragement for the property owner to be a good neighbor to give consideration for the back of the building. Mr. Gaul indicated he agreed to modification to the back of the building to include the parapet. A motion was made by Council Member Hoog to approve the Beach Wave as presented with changes to the back views to include a parapet and the two conditions that they agreed to from the Community Appearance Board. The motion was seconded by Council Member Bond. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. Angela M. Apperson, MMC Assistant City Manager/City Clerk (Administrative/Human Resource and Risk Management Services) City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Office Phone: 321-868-1220 x 220 Office Fax: 321-868-1248 IF IT IS TO BE; IT IS UP TO ME Please note my new e-mail address: a.apperson@cityofcapecanaveral.org <mailto:a.apperson@cityofcapecanaveral.org> 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.