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HomeMy WebLinkAboutMinutes 07-07-1997CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD MEETING JULY 7, 1997 MINUTES A meeting of the City of Cape Canaveral, Community Appearance Board, was held on July 7, 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 (Arrived at 7:40 p.m.) Jovan Barzelatto Vice Chairperson Nadena Easier Vickilyn Shea Richard Treverton Dolores Stribling 1st Alternate OTHERS PRESENT G.J. Whitey Moran Building Official Anthony Garganese City Attorney Beatrice McNeely Planning & Zoning Board Chairperson Susan Stills Deputy City Clerk, Secretary ORDER OF BUSINESS 1. Approval of Minutes. Attorney Gargarnese requested that the meeting minutes of June 16, 1997, be amended to read as follows: Page 3, Under"Discussion" —Attorney Garganese stated that ' the ordinance outlines the criteria for to determine me what is excessive from elements such as materials and elevations. Attorney Garganese recommended that the Board implement Mr. Moran's suggestion that a map indicating the subject lot that would also help track Beach lot approved by the Board for the Discovery Bay development Motion by Mr. Treverton and seconded by Ms. Easler to approve the amended meeting minutes of June 16, 1997. Motion carried unanimously. NEW BUSINESS 1. Request No. 97-10—425 Lincoln Avenue, Construct 2-Story, Single Family Residence., Timothy J. Moriarty, Applicant. City of Cape Canaveral, Community Appearance Board Minutes July 7, 1997 Page 2 Mr. Barzelatto suggested a change in the order of items since there was no representative present for Request No. 97-10. Attorney Garganese stated that Ms. Dolores Stribling, 1st Alternate member, would vote in the absence of Ms. Hayes and would participate as any other board member. However, when Ms. Hayes arrives, Ms. Stribling would not vote. Mr. Barzelatto brought Request No. 97-02 before the board. Attorney Garganese swore in Mr. Timothy J. Moriarty, P.O. Box 320704, Cocoa Beach, FL, 32932. (Ms. Hayes arrived at this time.)Mr. Treverton queried if Mr. Moriarty were comfortable with him as a voting member on the request since he requested to cut Mr. Moriarty's lot and did not get the job. Attorney Garganese asked Mr. Treverton if he had any potential for financial gain or loss from the request. Mr. Treverton stated that he did not. Mr. Barzelatto questioned the railings. Mr. Moriarty explained that he would select between wrought iron and wrought aluminum for the project. Mr. Treverton questioned the lot setback. Mr. Moran stated that the property meets the required setback for oceanfront lots. He explained that the requirement is 10-foot or 10 percent of the lot whichever is greater. Mr. Moriarty commented that the property is not visible without trespassing and can only be viewed from the beach. Mr. Barzelatto questioned the breakaway block and development on the sides of the property. Mr. Moriarty explained that the property had to meet Florida Department of Environmental Regulations regarding the elevation. Mr. Barzelatto questioned if there would be any contrasting color. Mr. Moriarty answered that at this time there are no plans for an accent color. Mr. Barzelatto asked if Mr. Moriarty planed to paint the railings. Mr. Moriarty explained that the front entrance has balustrades and the rear will have the wrought aluminum railings. He stated that the railings will be white. Ms. Hayes queried if Mr. Moriarty had thought about a Florida style for the property. Mr. Moriarty stated that since the house is not visible from the street, he chose to use a Mediterranean style. Ms. Hayes questioned any additional landscaping. Mr. Moriarty said that the long-term plan is to use Rockledge Gardens for future landscaping and he hoped to keep the property as natural as possible. Mr. Treverton asked if he planned to fence the property. Mr. Moriarty affirmed that the property would have a fence. He explained that there is an existing post and rail fence that is due for replacement and he will replace the existing fence with a green chain link fence. Motion by Ms. Hayes and seconded by Ms. Easler to accept the application as submitted. Motion carried unanimously. Mr. Treverton asked Mr. Moran if oceanfront property owners were required to keep any constructed boardwalks harmonious with the existing beach access. Mr. Moran stated that boardwalk construction is subjective to local code and Florida Department of Environmental Protection (FL DEP)codes. He explained that a letter of no objection is needed which states that local requirements have been met and this letter is submitted to FL DEP and the applicant must then meet DEP requirements. Mr. Treverton was concerned about the color of Mr. Moriarty's boardwalk access. Mr. Moran said that he would ask Mr. Moriarty what color he planned to use on his boardwalk. City of Cape Canaveral, Community Appearance Board Minutes July 7, 1997 Page 3 2. Request No. 97-11 — 138 & 140 ocean Garden Lane: Mark Derman, Applicant. Attorney Garganese swore in Mr. Mark Derman, 134 Ocean Garden Lane, Cape Canaveral, FL. Ms. Hayes questioned if the shingle selected were used on any other properties. Mr. Derman said that pastel gray shingles varied from white to dark gray. He stated that an Estate gray would be used on this property. Mr. Treverton asked if there were any deed restrictions on the lot. Mr. Derman outlined some of the covenants such as, a quiet environment, privacy, no boats parked in the driveway, the properties need to be secured with a fence, and developed landscaping on the properties. Ms. Hayes questioned if the pitch of the roof would be slightly from the other properties. Mr. Derman stated that the pitch would be the same as the other properties. He explained that hip roofs more easily meet hurricane codes. Ms. Hayes asked if the garaged doors would be raised panels. Mr. Derman affirmed. Mr. Barzelatto queried any contrasting bands. Mr. Mr. Derman stated that the property would be painted Vanilla with teal bands. Mr. Treverton commented on the award winning landscaping at the entrance to the development. Mr. Derman noted that the plan is to keep the landscaping lush. Motion by Mr. Barzelatto and seconded by Mr. Treverton to approve the application with the contrasting bands painted teal as on other properties in the development. Motion carried unanimously. Ms. Hayes asked Attorney Garganese if Request No. 97-09 should be tabled in the absence of the applicant. Attorney Garganese recommended tabling the item in the absence of the applicant since the applicant has the burden to demonstrate that his or her project meets the criteria in the ordinance and the Board will question the applicant. Ms. Hayes asked the number of times the application could be tabled. Mr. Garganese stated that the Board has the ability to table the item once. Ms. Hayes asked what is the remedy if this applicant is absent a second time. Attorney Garganese stated that the applicant must then reapply and lose the application. He also said the applicant should advise the Building Official if they are not going to be present and reschedule their presentation. Motion by Mr. Treverton and seconded by Mr. Barzelatto to table Request No. 97-09— Sand Dunes Condominiums, 5 SFR Condo Units; Bob Benson,Applicant, until the next scheduled Community Appearance Board meeting on July 21st. Ms. Hayes requested that the Building Official notify the applicant that the Request was tabled and to have the applicant notify him if he would not be able to present at the next scheduled meeting. DISCUSSION: Ms. Hayes initiated discussion on materials submitted in the board packets. Ms. Hayes asked if one set of photos was sufficient. Mr. Moran stated that the ordinance required only one set of three photos. Ms. Hayes asked if she could use determinations from driving by a property site at City of Cape Canaveral, Florida Community Appearance Board Minutes July 7, 1997 Page 4 a meeting. Attorney Garganese stated that ex-parte communications such as drive-bys are assumed to be prejudicial in a quasi-judicial hearing. He explained that if a board member had accidentally driven by the property prior to the meeting, then the member would have to disclose said drive-by at the meeting and any information the may form a basis of opinion. Ms. Easler noted that she had visited the Ocean Gardens model property frequently. Attorney Garganese stated that if a board member happened to drive-by a property or was familiar with it that the board member should disclose that fact. Ms. Easler also questioned driving by Jungle Village which is on a main thoroughfare. Attorney Garganese said that driving by this property is not intentional. Ms. Hayes clarified that once the board members receive their Agenda Packets, that members should not intentionally drive-by the properties on the applications. Mr. Moran emphasized the board should not make an inspection and use new knowledge to make determinations on its decisions. He stated that decisions should be made on the information presented to the Board. Ms. Hayes commented that the pictures submitted do not show enough. Mr. Moran stated that the ordinance reads that pictures show the"adjacent" area. Mr. Moran emphasized that the ordinance reads that the applicant submit three photographs. He stated that the number of photographs beyond the three required is at the discretion of the applicant. Ms. Easler announced that she would not be present the next scheduled meeting. Mr. Moran addressed the letter written to the City Manager by Mr. Roy Cowell. Mr. Moran stated that he covers these points, such as a pre-application meeting and a checklist, with the applicant . Ms. Hayes commented that the Staff Report memo helps the Board. Mr. Moran noted that the Board's checklist is in the ordinance and these are the same questions posed to the applicant. Mr. Moran also noted that if fences are not indicated on the plans, they are considered insignificant. Ms. Hayes questioned the Board's determination of walls and how walls would impact on the appearance. Mr. Moran stated that if anything on the plans is unusual or of "significant" impact, then the Board will address it. Mr. Moran told the Board members to notify him if they needed any other materials to assist them. Mr. Barzelatto asked if an applicant could come before the board with their schematics before they have done construction drawings. Mr. Moran sated that this would not be allowed unless the ordinance is changed. Mr. Barzelatto asked if the applicant would be allowed to present schematics. Mr. Moran stated that the ordinance reads that applicants cannot come before this Board until they have applied for a permit. He requires that applicants have construction drawings before they apply for a permit. Mr. Barzelatto said that presenting the schematics would allow the applicant an opportunity to make adjustments before the Board approves or disapproves. Mr. Treverton noted that it is the Building Official's job to advise the applicant on what to anticipate from the Community Appearance Board at the pre-application meeting. Mr. Barzelatto stated that he wanted to give the applicant guidelines before doing the construction drawings. Mr. Moran stated that the Board's concern is to address aesthetics not project design. Ms. Hayes questioned if the Board reviews every lot in subdivisions. Mr. Moran stated that the Planning and Zoning Board approves subdivisions. Attorney Garganese clarified for Mr. Moran that Ms. Hayes is concerned with the appearance of each individual house once the applicant applies for a building permit. City of Cape Canaveral, Flor la Community Appearance Board Minutes July 7, 1997 Page 5 Mr. Moran mentioned that he distributed copies of the Appearance Codes for Small Communities by the American Planning Association for Board members to review. Ms. Hayes announced that the next scheduled Board meeting is July 21, 1997. Motion by Ms. Easler and seconded by Mr. Treverton to adjourn the meeting at 8:45 P.M. ( Signature ) Karen A. Hayes, CHAIRPERSON ( Signature ) Susan Stills, Deputy City Clerk BOARD SECRETARY