HomeMy WebLinkAboutAdditional Items 04-18-2017CITY OF CAPE CANAVERAL
CITY COUNCIL MEETING
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INSTRUCTIONS
1. Please complete this Card and give it to the City Clerk or other Official/
Staff Member.
2. Proceed to the podium when your name is called .
3. You will have 3 MIN UTES to speak before the City Council.
4 . All statements are to be directed to the Mayor, Mayor Pro Tern or Meeting
Cha ir.
4/18/2017
To: Cape Canaveral Mayor Robert Hoag, City Council, City Manager and City Attorney
Regarding "de nova" variance request 17-01
l) The City of Cape Canaveral granted Variance 17-01 on 3/2/2017 without requiring the applicant
to answers the questions regarding Sec . 98-31(a) (b). The rep/at of/ot 1 on 1/19/2007 was in
violation of Sec. 98-31 (a} (b}.
'.?.) The applicant purchased a ·'Special Warranty Deed'' on 9/25 /2015 that clearly states ·'Subject to;
covenants , conditions , restrictions, easements. reservations and limitations of record.'' This makes it
verv hard for the applicant to argue Sec. 110-37. (b) (1) and (2) and (3) and (4) (c).
3) If you are to ignore Sec. 110-248 (6) and Sec. 110-337 (4) then A VARIANCE IS NOT REQUIRED
to build to the minimums as required by Sec. 110-37.(b) (5) (c). The 50 foot setback can remain in
place. The applicant wants to build a building that is 5 times the minimum. This is not an acceptable
reason for the variance.
4) Why was Sec. 110-248 (6) and Sec. 110-337 (4) not discussed? Mr. Dickey argued that code will not
allow C-1 use of the applicant's remaining 3 lots because of the neighborhood's R-1 usage.
5) On numerous occasions the Board attempted to discuss 110-37. (6) (c). But the City Attorney
and David Dickey told them it was not appropriate to discuss.
6) On numerous occasions the Board attempted to insert landscaping requirements due to such a
drastic exception to code . But the City Attorney and David Dickey told them it was not
appropriate .
7) How did the City calculate the lot depth @ 58.4 feet even after Diana Pittner informed the City
on 3/14/2017 that it is only 53.4 feet? Will 8805 Sea Shell Lane lose 5 feet of their property?
Remember this is the same type of error that the City used to justify taking 17 feet from my
home@ 126 Oak Lane.
8) 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 and requires an organized and controlled pattern of the community's development, per
the City of Cape Canaveral's Variance worksheet .
Bernard Lennon
126 Oak Lane Cape Canaveral, FL.
1) Se c. 98-31. -Divisio n of land; review and approval required; zoning.
2)
3)
(a) Any subdivi sion of land into two or more parcels shall be subject to the requirements of this
article .
{b) No owne r of re al property shall sell , offe r to sell or lease lots or tracts of land from such
property w ithout fir st having divided such properly in accordance with the requi rements of this
article . Before suc h lo t or tract is divided , the lots or tracts proposed to be divided shall be surveyed
by a duly licensed Flori da surveyo r and approved by the city council by plat or lot split reso lut ion in
accordance with the sp ec ific appl ic able provisions of this article and F.S. ch . 177 . No permit shall
be issued for the con struction of any building or structure or for an electrical or sewer hookup on
any lot or tract so ld in violation of this article ; provided , however, that any such violation can be
remedied by comply in g w ith the provis ions of this article . Additionally , any subdivision or lot split
approved pursuant to this article shall in ev ery respect meet the criteria es ta blished elsewhere in
this article and the C ity Code fo r the cate gory of zoning and other relevant co des under which th e
property is zoned .
Sec. 110-37. -Procedure.
(b) All var iance decisions sh :ill be base d on an affirmative finding as to each of the foll owing
criteria :
(1) That spec ia l cond it ions and ci rcumstances ex ist which are pecul iar to the la nd, stru cture
or building involved and whic h are not app licab le to other lands, buildings or structures in the sam e
zoning district.
(2) That litera l interpretation of th is c hapter would deprive the applicant of rights com monly
enjoyed by other pro perties in the same zo ning ddrict under the terms of this chapter and would
work unnecessary and un due hardship on th e appl ica nt.
(3) That the spe cia l conditions and circumstances referred to in subsection (1) do not result
from the act io ns of the app lican t.
(4) That ap proval of the va riance requested wi ll not confer on t he applicant any special
privilege that is de nied by this ch apter to othe r lands , buildings , or structures in the same zoning
district.
(c) Under no ci rcumstances shall the board of adjustm ent grant a variance to perm it a use not
generally or by special exception permitted in t e d istrict involved or an y use expressly or by
implication prohi bited by thi s c hapter .
Se c. 110-248. -Ru les for inte rp ret ation of district boundar ies.
Where uncerta inty ex ists as to th e boun dari es of zo ning districts as shown on the official zoning
map , the follow in g rul es shall ::1pply :
(6) If the act ual location of physical features varies from those shown on the offic ial zonin g
map or in othe r c ircumstan ces not covered by sub sections (1) through (4 ) of this section , the board
of adjustment sha ll interpre t the distri ct bo un daries .
Sec. 110-337 . -Minim um setbacks .
. -
4)
(a} In the C-1 low density commercial district , the minimum setba c ks required sha ll be as
follows :
(4) Rear , ten fee t; 2 5 feet when abutting a residential district.
Sec. 110-37 . -Proce dure .
(b) All variance de c isions shall be based on an affirmative finding as to each of the followin g
criteria :
(5) That the req ue sted variance is the minimum variance from this chapter necessary to mak e
possible the reasona bl e use of the land , bu ilding or structure.
(c) Under no circ umstances shall the board of a djustment grant a va riance to permit a use not
generally or by s pec ial exception permitted in the d istrict involved or any use express ly or by
implication proh ibited by this ch ap ter.
Se c. 110-248. -Ru les for interpretation of district boundaries.
Where uncertainty ex ists as to the boundaries of zonirg d ist ricts as shown on the official zoning ma p,
the following rules shal l a pp ly:
(6) If the actual loca ti o n of physical fea tures varies from those shown on th e official zoning map or in
other circums tance s not covered by subsections (1) through (4) of this section, the board of
adjustment shall interpret the district boundaries.
Sec . 110-337. -Minimum setbacks.
(a) In the C-1 low dens it y commercial district, the minimum setbacks required shall be as follows:
(4) Rear , ten feet ; 2 5 fe et when abu ttin g a residential district.
5) Sec. 110-37. ·· Procedu re .
(b) All variance decis ions shall be based C>:i an affirmative finding as to each of th e following criteria: .
(6) That approva l of the va ri3nce v1ill be in harmo ny w ith the general intent and purpose of thi s
chapter , and will not be injurio us to the ne ighbo rhood o r oth e rwise detrime ntal to the pub lic
welfare .
(c) Under no circumstance s shall the board of ad justmen~ gra nt a variance to permit a use not generally
or by special excepti o n perm itted in the d istri ct ir.volved or any use expressly or by implication
prohibited by this cha pter .