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HomeMy WebLinkAboutMinutes 07-21-1997CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD MEETING JULY 21, 1997 MINUTES A meeting of the City of Cape Canaveral, Community Appearance Board, was held on July 21, 1997, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Secretary called the roll. MEMBERS PRESENT Karen Hayes Chairperson Vickilyn Shea Richard Treverton Dolores Stribling 1st Alternate MEMBERS ABSENT Jovan Barzelatto Vice Chairperson Nadena Easler OTHERS PRESENT Rocky Randels Mayor Pro Tem G.J. Whitey Moran Building Official Anthony Garganese City Attorney Beatrice McNeely Planning & Zoning Board Chairperson Susan Stills Deputy City Clerk, Secretary Ms. Hayes asked Attorney Garganese if Ms. Stribling would be allowed to vote in this meeting. Attorney Garganese explained that whenever Ms. Strilbling replaces an absent member, she is able to vote. Ms. Hayes questioned if Ms. Stribling could participate in discussion if full membership is present. Attorney Garganese responded that she could participate in discussion at that time but she could not vote. ORDER OF BUSINESS 1. Approval of Minutes. Motion by Mr. Treverton and seconded by Ms. Shea to approve the meeting minutes of July 7, 1997. Motion carried unanimously. Community Appearance Board Meeting July 21, 1997 Page 2 UNFINISHED BUSINESS 1. Request No. 97- 09— Sand Dunes Condominiums, 5 SFR Condo Units;Bob Benson, Applicant. Attorney Garganese swore in Mr. Alan Vinacke, of 1420 Huntingdon Lane, as the project's representative. Mr. Treverton disclosed to the Board that he and Mr. Vinacke are in engaged in a business transaction and he addressed the City Attorney that he wished to abstain from voting on this issue. Attorney Garganese asked if the transaction would result in financial gain. Mr. Treverton stated that there was possibility of financial gain or loss. Attorney Garganese stated that he would need to complete Conflict of Interest Form 8B and he noted that Mr. Treverton needed to state for the record if he planned to engage in discussion on this time. Mr. Treverton stated that he desired to participate in the discussion. Ms. Hayes questioned the building and roof colors. Mr. Vinacke stated that the colors would be the same as the submitted samples. Ms. Hayes queried the garage doors. Mr. Vinacke stated that he would use raised panel doors. Ms. Hayes asked if building fronts facing Buchanan Avenue would be the same. Mr. Vinacke affirmed. Ms. Hayes referred to the Board's ordinance that states "no building will be excessively similar or dissimilar to any other building within 500 feet." Mr. Vinacke stated that this project is a condominium. Ms. Hayes questioned the ordinance and whether the statement refers to the application as a whole or each building in the application. Attorney Garganese read under paragraph three that states "proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet." He explained that pursuant to the terms of the ordinance the Board could not consider the fact that there are five buildings on this one application that cannot be excessively similar or dissimilar. Mr. Treverton asked for clarification. Attorney Garganese explained further that if an applicant were to submit as one application five separate buildings to be constructed, that those five separate buildings cannot be excessively similar or dissimilar because they are part of the same permit. Mr. Treverton noted that although these buildings are five free standing single-family dwellings they are part of a condominium. Mr. Moran stated that each unit would have a separate building permit. He also stated that if this application had been submitted when the condominium application was submitted, the Board would not have reviewed the application. Mr. Moran said that five separate permits and Certificates of Occupancy would be issued for each unit. Ms. Hayes stated that the City's intent is to deviate from "cookie-cutter" townhomes. She noted that minor changes in the façade or detailing could be added. Mr. Vinacke noted that each two houses share one driveway. The Board discussed possible changes to provide variety. Mr. Moran advised if these possible changes, under the ordinance's objective, would be an improvement. Ms. Shea suggested changing the hues in the color of each home. Mr. Treverton asked if owners would be allowed to paint the units. Mr. Vinacke responded no. Ms. Shea noted that each owner's personal tastes would be demonstrated in the landscaping. Ms. Hayes asked if there were plans for any planting beds around the bases of the buildings. Mr. Vinacke answered that the plans show the minimum for permitting and that more will be added at a later time. Ms. Hayes Community Appearance Board Meeting July 21, 1997 Page 3 commented that the wall surrounding the buildings would only allow the tops of trees to be visible. Mr. Treverton noted that the garages on the back of this project prevent the visibility of cars. Mr. Rocky Randels, Mayor Pro Tem, stated that this project is a "walled" condominium complex and that condominium laws require that the homes be similar. Ms. Hayes emphasized that the Board's decisions set precedents for future condominium applications. Mr. Moran suggested that Ms. Hayes ask Mr. Vinacke if he would be willing to make any suggested changes. Ms. Hayes then questioned Mr. Vinacke if he would be willing to paint the homes in different shades of the same hue. Mr. Vinacke disagreed. He stated that since this is a condominium project, he could not vary one home from another based on the condominium documents submitted to the State. Attorney Garganese asked if there were an Architectural Review Board with the Condominium Association. Mr. Vinacke said no. Attorney Garganese questioned if the existing Board of Directors had approved the project. Mr. Vinacke affirmed and stated that he also reviewed the plans. Attorney Garganese questioned if the Condominium Association would regulate these five buildings. Mr. Vinacke affirmed. Attorney Garganese asked Mr. Vinacke if, in his opinion, these plans conformed currently to the Condominium Association documents. Mr. Vinacke affirmed. Ms. Hayes stated that although the Condominium Association approved the plans and desired to keep the buildings similar, the Board could deny the application if it was opposed to the similarity of the homes. Motion by Ms. Stribling and seconded by Ms. Shea to approve the application for Request No. 97-09 as submitted. Motion carried unanimously. Mr. Treverton abstained from voting. NEW BUSINESS 1. Request No. 97-12 —(2) Two Story Single Family Townhomes, 411 & 413 Jackson Ave.., Norman Boucher, Applicant. Attorney Garganese swore in Mr. Norman Boucher, 413 Jackson Avenue, Cape Canaveral. Mr. Treverton disclosed that he visited the subject townhomes. Ms. Hayes questioned if the adjacent lots were currently vacant. Mr. Boucher responded that there are presently townhomes on the lots. Ms. Hayes asked if there were any other homes with similar designs in the area. Mr. Boucher affirmed. Mr. Treverton queried the design of various townhomes built by Mr. Boucher. He commented that the design on each was similar. Ms. Hayes asked if a wall would enclose the homes. Mr. Boucher affirmed. Mr. Boucher explained that due to the depth and width of the lot it is difficult create architectural enhancement. Mr. Moran commented that although the buildings are similar, they are not similar to any adjacent homes. Mr. Moran stated that the ordinance reads to evaluate units individually, however, he opined that it should read to evaluate them as a project, not as an individual unit. Mr. Treverton asked if there is a townhome association that would regulate the color scheme. Mr. Boucher responded that all homeowners must agree on a similar color. Mr. Treverton noted that this is an example of a project since the six households in the Cape Villas Townhomes will jointly make decisions that effect the properties as a whole. Mr. Treverton asked if the households in Cape Villas could paint the homes different colors at a later time. Mr. Boucher answered that the homes would need to be three similar shades. Mr. Community Appearance Board Meeting July 21, 1997 Page 4 Treverton commented that it would be helpful in the future if the Board could receive any townhome rules that apply to the subject property. Motion by Mr. Treverton and seconded by Ms. Shea to approve the application for Request No. 97-12 as submitted. Motion carried with voting as follows: Ms. Hayes, Against; Ms. Shea, For; Mr. Treverton, For; Ms. Stribling, For. 2. Request No. 97-13 —One Story, Single Family Residence, East Central Ave., A Portion of Lot 15, Block 9, Cape Canaveral Beach Gardens, Unit Two; Donald Haynes, Applicant. Attorney Garganese swore in Mr. Donald Haynes, 52 Country Club Road, Cocoa Beach, FL. Mr. Treverton addressed the City Attorney and questioned the disposition of Community Appearance Board matters in the absence of the Board. Attorney Garganese responded that the City Council is responsible for appointing additional members to the Board. Mr. Treverton stated that in his attempt to enlist members, residents are adverse to the Board's objective on the grounds that the Board infringes upon Constitutional rights. Attorney Garganese explained that in the absence of the Board, City Council would need to decide to handle the applications or to disband the Board by repealing the ordinance. Ms. Hayes questioned the appearance of the roof. Mr. Haynes responded that the roof would be an asphalt dimensional shingle roof. Mr. Haynes noted that there is an oak tree among the visible pepper trees that will be replanted during the construction. Mr. Treverton addressed the assembly and said that when he joined the Board his concern was the A1A corridor. He did not want to infringe on the rights of an owner in how to build individual property. Mr. Treverton stated that the United States Constitution declares that we each have a right to life, liberty and the pursuit of happiness. He stated once again, for the record,that he would approve any homeowners' application to build anything on an application. He believes this is freedom of expression and he will vote to approve any and all single family dwellings in the future. Mr. Treverton stated that his interest is in commercial developments and developments for profit especially along the City's A1A corridor. Motion by Mr. Treverton and seconded by Ms. Stribling to approve the application for Request No. 97-13 as submitted. Motion carried unanimously. Mr. Haynes commented that the Board would be more effective during renovation of older properties in the City. He said that it is difficult to be creative with a 50-foot lot. Mr. Edgar Kersey, 516 Jefferson Avenue, Cape Canaveral stated that the ability to landscape and continue to improve property would be difficult without reuse water. Mr. Kersey questioned the status of the reuse lines. Mayor Pro Tem Randels responded that the Northeast portion of Central Avenue is Phase II of the reuse project. He stated that Phase I is the area West of A1A, Phase III is the presidential streets and Phase IV is the section behind the Radisson Resort. Mayor Pro Tem Randels approximated the time as two years before the reuse water would reach the Central Avenue area. Mr. Randels explained that if only one resident on a street wished to receive reuse water, it was improbable that a line would be constructed in that area. Community Appearance Board Meeting July 21, 1997 Page 5 Ms. Hayes announced that the next scheduled meeting would be August 4th. Motion by Mr. Treverton and seconded by Ms. Stribling to adjourn at 8:55 P.M. ( Signature ) Karen A. Hayes, CHAIRPERSON ( Signature ) Susan Stills, Deputy City Clerk BOARD SECRETARY FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE TREVERTON, RICHARD STEPHEN COMMUNITY APPEARANCE BOARD MAILING THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 412 LINCOLN AVE, BREVARD WHICH I SERVE IS A UNIT OF: CITY COUNTY X CITY ❑COUNTY O OTHER LOCAL AGENCY CAPE CANAVERAL, FL 32920 NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: 7/21/97 o ELECTIVE X-APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corpo- ration are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above,you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Richard S. Treventon , (Printed Name) ,hereby disclose that on 7/21 , 1997. (a) measure came or will come before my agency which(check one) ( X) inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, • inured to the special gain of ,by whom I am retained;or inured to the special gain of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date 7/24/97 (Printed) Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B-REV. 1/94 PAGE 2