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HomeMy WebLinkAboutMinutes 07-20-1998CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD MEETING JULY 20, 1998 MINUTES A meeting of the City of Cape Canaveral, Community Appearance Board, was held on July 20 1998, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Secretary called the roll. MEMBERS PRESENT Nadena Easler Chairperson Walter Bowman Vice Chairperson Karen Hayes Alice Nielsen OTHERS PRESENT G.J. Whitey Moran Building Official Kohn Bennett City Attorney Susan Stills Deputy City Clerk Beatrice McNeely Planning & Zoning Board Chairperson APPROVAL OF MINUTES Motion by Ms. Hayes and seconded by Ms. Nielsen to approve the meeting minutes of July 6, 1998. Motion carried unanimously. At this time Attorney Bennett swore in all persons giving testimony. NEW BUSINESS NEW BUSINESS: 1. Request No. 98-19-Pole Sign- 7100 N. Atlantic Ave., (Wachovia Bank); Russ Greenberg, Applicant. Mr. Greenberg explained that this project is part of a countywide conversion of signs for the Wachovia Bank. The project will remove the two-faced; double-pole brick sign and install a single-pole, cabinet sign. Ms. Easler queried if only one sign would be installed. Mr. Greenberg affirmed. Ms. Easler asked about the other signs in the application packet. Mr. Moran explained that the other signs were for directional purposes. Mr. Bowman asked if there were color requirements for these directional signs. Mr. Moran answered that at the present time, under the City of Cape Canaveral, Florida Community Appearance Board Minutes July 20, 1998 Page 2 current ordinance there is no color requirement for the directional signs. Ms. Hayes asked when the new sign ordinance would take effect. Mr. Moran stated that he was just given a draft ordinance to present to City Council and public hearings would be scheduled for the sign ordinance. Mr. Moran explained that when the new sign ordinance is adopted the sign in review would become nonconforming. He stated that if City Council adopts the sunset clause in the sign ordinance, the bank's sign would need to be removed in ten years. Ms. Hayes asked Mr. Greenberg whom he represented. Mr. Greenberg stated that he represented the Meurett Sign Company of Melbourne. Ms. Hayes queried why Wachovia Bank chose not to retain the existing sign. Mr. Greenberg stated that his company provided installation only. Ms. Easler queried about the dimensions of the proposed sign. Mr. Greenberg stated that the actual cabinet for the sign on the pole is 5-feet, 3-inches by 9-feet. Ms. Nielsen asked if the applicant was made aware of the proposed changes to the sign ordinance. Mr. Moran stated that the proposals to the sign ordinance were not definite. Attorney Bennett clarified that if the sign were found nonconforming, it would be so under the form of the adopted ordinance if the dimensions of 50-square feet and 10-feet in height were used. Mr. Bowman expressed concern with the represented sign. He stated that the pole is 1-foot, 1-foot by 16 or 18-inches wide and he queried if the proposed sign would be 9-feet or 5-feet wide. Mr. Moran stated that the sign would be 5-feet, 3-inches sign face high. Mr. Greenberg clarified that the actual rectangular cabinet dimensions would be 5-feet, 3-inches. Mr. Bowman stated that the pictures did not represent the sign as a square shape Ms. Hayes expressed her concern with the sign in regard to the architectural detailing of the bank building. Ms. Hayes stated that more could be done with the base of the sign that would be more in keeping with the bank building. Mr. Bowman asked Mr. Greenberg if he had the latitude to change the sign. Mr. Greenberg responded that he had no authority to make changes and the decision would be between the Sign Company and the bank. Ms. Easler asked if the application could be tabled. Attorney Bennett asked the board to state a desired change. Ms. Easler asked if the request could be tabled and the company requested to change the base of the sign. Attorney Bennett explained that the Board has the right to table the application once. Mr. Moran read from the ordinance that, "the Community Appearance Board may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria are complied with," such as harmonious manner or appearance. He further read that, "No application before the Community Appearance Board for a particular development or part thereof may be tabled more than once by request of the Board. Further attempts by the Board to table such applications shall permit the applicant to bypass the Board and seek a hearing before the City Council at its next regular meeting." Mr. Bowman asked for clarification between denial and tabling. Attorney Bennett explained that denial renders a request for a new application with subsequent fees. Mr. Bowman asked about the height limit in the proposed ordinance. Attorney Bennett answered 10- feet. Discussion followed on verbiage for the motion. Motion by Ms. Hayes and seconded by Ms. Nielsen to table the application for Request No. 98-19 to allow the applicant to reconsider the style of the base so that it is more in harmony with the style of the building. Motion carried unanimously. City of Cape Canaveral, Florida Community Appearance Board Minutes July 20, 1998 Page 3 Mr. Grenberg asked for the next meeting date. Ms. Easler stated that this item would be on the agenda for the next scheduled meeting of August 3, 1998. Mr. Greenberg questioned who would contact the bank. Mr. Moran stated that the findings would be stated in a notice for Mr. Greenberg to pick up on July 21, 1998. Mr. Bowman queried if it were Mr. Greenberg who would formulate the Board's request regarding the sign. Attorney Bennett explained that Mr. Greenberg would relate only the Board's discussion regarding the sign. DISCUSSION: Attorney Bennett initiated discussion on the proposed ordinance. He noted that the definitions provided by Mr. Bapp were included in the beginning of the document and that he also added Mr. Bowman's recommendation of an additional picture of the actual site. Mr. Moran reported that the Building Department has a digital camera that can also provide photos for the Board. Mr. Bowman suggested that the photo be taken slightly to the side as opposed to a frontal view. Mr. Bowman asked how the Board was made quasi-judicial. Attorney Bennett from Florida Case Law and the fact that the applicant comes before the Board for review of an application to which the Board makes a decision. Mr. Bowman asked about the Building Official's ability to render decisions. Attorney Bennett explained that the Building Official's capacity to render decisions is based on his use of definitive code sections, not on appearance. Mr. Bowman asked if there were other quasi-judicial Boards. Attorney Bennett answered yes and he stated that quasi-judicial Board's could negotiate such as with site plans. Mr. Moran stated that the Building Official could not negotiate and he stated that negotiation is acceptable with appearance, not height, because height is definitive. Ms. Hayes clarified that appearance is subjective and issues that are included in City codes are not under the Board's area to change. Mr. Bowman asked how the Board's meetings are transcribed. Attorney Bennett stated that the minutes are paraphrased, however verbatim transcripts can be requested or applicants can listen to a tape of the meeting. Mr. Bowman recommended that the applicant be notified in writing of the stated motion. Ms. Hayes recommended that the ordinance be placed on the agenda for the next scheduled meeting. Ms. Easler announced at this time that she would not be present at the Board meeting on August 17th. There being no further business, a motion was made by Ms. Hayes and seconded by Ms. Nielsen to adjourn the meeting at 7:40 P.M. ( Signature ) Nadena Easler, Chairperson ( Signature ) Susan Stills, Secretary