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HomeMy WebLinkAboutcocc_agenda_packet_boa_20200130 CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA January 30, 2020 6:00 PM CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: The Board of Adjustment will allow public comment on any item on the agenda at the time each agenda item is considered by the Board, with the exception of ministerial items (e.g., approval of agenda, minutes, informational items, or ceremonial proclamations), emergency items and other items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida Statutes. Quasi-judicial items shall require a public hearing, and public comments will be accepted at the time the hearing is opened. The Board ordinarily will not take any official action under the “Reports and Open Discussion” section of the agenda and, accordingly, public comment on these items will not ordinarily be accepted. Should any official action be deemed necessary on an item under “Reports and Open Discussion” or an item added to the agenda during the meeting, public comment will either be accepted prior to official action being taken or will be accepted when the item is placed on a future agenda for further consideration. The Board may limit citizen comments to three (3) minutes if large numbers of citizens are present to comment, except when additional time is required to afford due process for quasi-judicial items. NEW BUSINESS: 1.Approval of Meeting Minutes: October 17, 2019. 2.Per Section 2-171, the Board of Adjustment shall elect a Chairperson and Vice-Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. 3.Interview Candidate for Board Vacancy – Randy Wasserman 4.Quasi-Judicial and/or Public Hearing: Motion Re: Variance 20-01 – 409 Washington Avenue – Sean Fitzgerald – Owner, has requested a nine (9) inch variance (decrease) from the R-2 side-yard setback of eight (8) feet required by Section 110-297(a)(2), City Code. REPORTS AND OPEN DISCUSSION: None Board of Adjustment Meeting Agenda January 30, 2020 Page 2 ADJOURNMENT: Pursuant to Section 286.0105, 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 inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 117) 48 hours in advance of the meeting. P.O. Box 326 ~ Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 ~ Fax (321) 868-1247 www.cityofcapecanaveral.orge-mail: info@cityofcapecanaveral.org BOARD OF ADJUSTMENT MEETING MINUTES October 17, 2019 A Meeting of the Board of Adjustmentwas held on October 17,2019, at City Hall Council Chambers,100Polk Avenue, Cape Canaveral, Florida.City Attorney Anthony Garganesecalled the meeting to order at 6:01p.m.due to the resignation of the former Chairpersonand Vice Chairperson.The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Joe ElliottChairperson(voted in 10/17/2019) Linda BrownVice Chairperson (voted in 10/17/2019) John Bond MEMBERS ABSENT None OTHERS PRESENT Anthony GarganeseCity Attorney Brenda SurprenantCity Planner PatsyHuffmanBoard Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1.Approval of Meeting Minutes –August 30, 2018 Motion by Mrs.Brown,seconded by Mr. Elliotttoapprovethe Meeting Minutes of August 30, 2018.The motion carried unanimously. City Attorney Garganese swore in new Board Member John Bond. 2.Per Section 2-171, the Board of Adjustment shall elect a Chairperson and Vice- Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. Motion by Mr. Bondto recommend Mr. Elliott as Chairperson, seconded by Mrs. Brown. Motion carriedunanimously. Motion by Mr. Bond to recommend Mrs. Brown as Vice Chairperson, seconded by Mr. Elliott. Motion carried unanimously. Community Appearance Board Meeting Minutes October 17, 2019 3.Quasi-Judicial and/or Public Hearing:Motion Re: Special Exception No. 2019-01– Parcel ID#24-37-15-00-30–BRB Enterprises, LLP –Applicant, has requested a Special Exception for a Commercial Parking Facility in the M-1 zoning district per the City of Cape Canaveral Code of ordinances, Section 110-609. Mrs. Surprenant presented Staff’s report/photos. Staffexplained the property is 5 acres, zoned M-1 and has a future land use of M-1, will provide services to the Port, accessed via Columbia Roadand Staff recommended approval with a condition that will require the applicant to modify the configuration of the parking facility, at his cost, at that time, when Columbia Road is extended to the south. Discussion ensued to includetype of retention, proposed design, restrooms, installation of emergency lights for the Fire Department, hook up to the sewer system when it becomes available, current system is adequate for the proposed use, parking spaces andhours of operation (9a-3p). Motion by Mr. Bondand seconded by Mrs.Brownto recommend approvalto include Staff’s recommendation as follows: 1.The applicant, at his cost, shall reconfigure the parking lot layout (to include utilities and drainage) to accommodate any future southern extension of Columbia Road through the subject parcel. 2.The applicant, at his cost, shall relocate any site improvements to accommodate legal use -by adjacent property owners -of the 20’ Ingress/Egress Public Utility & Drainage Easement located in the northwest portion of the property. 3.Prior to Site Plan Approval, the Cape Canaveral Volunteer Fire Department will approve the ingress/egress connection to Discovery Road. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Mrs. Surprenant stated that the wall mural that was approved for 7300 N. Atlantic Avenuewas completedand suggested that the Board Members see it at their convenience. ADJOURNMENT: Motion by Mrs.Brownandseconded by Mr.Bondtoadjourn the meeting at6:32p.m.Vote on the motion carried unanimously. Approved on this _____ day of ________________________________________, 2020. _________________________________ Joe Elliott,Chairperson 2 Community Appearance Board Meeting Minutes October 17, 2019 _________________________________ PatsyHuffman,Board Secretary 3 City of Cape Canaveral Board of Adjustment Meeting–January 30, 2020 Agenda Item Summary Item No. ____ Subject:Variance 20-01 -the Applicant, Mr. Sean Fitzgerald, is requestinga variance to reduce the required side-yard setback from 8-feet to 7-feet on the western property line (1-foot variance) and to accommodate the planned 7 feet 4 inches on the eastern property line (8-inch variance) construction of a single-family structure at 409 Washington Avenue (Attachment 1). Department:Community Development Analysis: The owner is requesting a reduction from the required 8-foot side-yard setback,to 7-feet on the western property line (1-foot variance) and 7 feet 4 inches on the eastern property line (8- inch variance) for property located at 409 Washington Avenue. The property is currently vacant. According to the application (Attachment 2), the Applicant purchased the subject parcel in September of 2019. At that time, the property contained a single-family structure, was subsequently demolished. The structure was located 7-foot, 3-inches from the western property line and 6-feet, 6-inches from the eastern property line. The structure was built prior to the establishment of the City and City setback standards. However, the previous owner requested and was granted a variance in August of 2018 to allow a 7-foot, 3-inch side-yard setback from the western property line. The subject parcel is zoned R-2 and is located in an area primarily consisting of single-family homes. Because this area of the City was developed prior to the City’s incorporation, compliance with current City zoning requirements is not uniform. Subject Property Future Land Use/Zoning Designation: R-2 Surrounding zoning: Surrounding uses: North – R-2 North – Multi-family Residential South – R-2 South – Single-family residential East – R-2 East – Single-family Residential West – R-2 West – Single-family Residential Sec. 110-37 of the City Code establishes certain criteria be evaluated when a variance is being considered. For a detailed analysis of the request’s compliance with the criteria, please see the Staff Analysis and Worksheet (Attachment 3). In summary, it is Staff’s opinion that the request is not consistent with the criteria found in Sec. 110- 37. Therefore, it is recommended that the Variance be denied. Attachments: Attachment 1 - Location Map Attachment 2 – Application/Site Plan Attachment 3 – Staff Analysis and Worksheet The Community Development Staff recommends the following action: The Board of Adjustment Deny Variance 20-01. Approved by CD Director: David Dickey Date: Attachment 1 Attachment City of Cape Canaveral Variance Worksheet Variance #2020-01 Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary to the public interest and when, conditions are peculiar to the property and not the result of the actions of the applicant, and a literal enforcement of the code would result in unnecessary and undue hardship. 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 unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The subject parcel is considered a legal, non-conforming lot as it was platted prior to the incorporation of the City and does not meet the minimum lot size or square footage requirements of the R-2 zoning district. When the Applicant purchased the property in September of 2019, the parcel contained a non-conforming structure, which subsequently was demolished. 2.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 cause unnecessary and undue hardship on the applicant. This area of the City contains many residential structures built prior to the incorporation of the City. Certain properties/structures do violate current zoning standards, specifically setback standards. To illustrate this, the following is provided: there is an 8.6 foot separation between the single- family homes located at 423 and 427 Washington, which is an average of 4.3 feet; there is a 12.5 foot separation between the single-family structures at 417 and 423 Washington, which is an average of 6.25 feet; and, an 8 foot separation between the single-family structures at 413 and 417 Washington, which is an average of 4 feet. (Measurements were taken from the Brevard County Property Appraisers website). 3.That the special conditions and circumstances referred to in item (1) above do not result from the actions of the applicant. When the applicant purchased the property in 2019, it contained a conforming structure due to a Variance that was granted in 2018. However, the Applicant subsequently had the structure demolished. This action is in conflict with the requirement that the need for the variance not result from the action of the Applicant. City of Cape Canaveral Variance Worksheet – Cont’d Variance #2020-01 4. 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 building in the same district. As indicated above many of the structures in the neighborhood do not meet current setback standards. However, the applicant could construct a single-family home in compliance with the R-2 setback requirements. 5. 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. The applicant has included his justification/argument in the requisite application. However, as indicated above, a conforming structure could be built on the subject parcel and meet current setback requirements. 6. 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. Due to the inconsistent nature of setback conformity in the immediate area, the granting of the Variance would not be injurious to the neighborhood.