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HomeMy WebLinkAboutBOA Agenda Packet. 10-23-2006cne,-�atc� City of Cape Canaveral BOARD OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE OC1'OBER 23, 2006 7:30 P.M. Call to Order Roll Call NEW BUSINESS: k h Meetin Minutes Se amber 25, 2006. 1. otion to Approve the g p r� 2J Motion Re: Time Extension Request for Special Exception Request No. 05-13 to Allow Residential Use in the G 1 Zoning District, Section 14, d .� / Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - (8705 N. Atlantic Avenue), Johnathan A. ‘e Ferguson, Attorney and Agent for Mrs. Betty T. Gould. 3. �/ Motion Re: Time Extension Request for Special Exception Request No. l "u 05-10 to Allow a Vehicle Rental Facility in the G 1 Zoning District, Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 - ()\ (Property is Located Just North of Residence Inn and South of Country Inn) - Messer Construction Corp., James Messer, President. (Tabled at Previous Meeting) OPEN DISCUSSION: Pursuant to Section 286.1015, 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 allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi -Judicial Board members who may or may not participate in Board discussions held at this public meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com i .01 City of Cape Canaveral Board of Adjustment Meeting Minutes September 25, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on September 25, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Earl McMillin Chairperson Constance McKone Vice Chairperson Paula Collins Robert Laws Jack Childs Alternate OTHERS PRESENT: Susan Chapman Todd Peetz Kate Latorre Bea McNeely Todd Morley Robert Hoog Secretary City Planner Assistant City Attorney Ex-Officio Member Building Official Mayor Pro Tem NEW BUSINESS 1. Motion to Approve the Meeting Minutes of July 31, 2006. Motion by Robert Laws, seconded by Connie McKone, to approve the meeting minutes of July 31, 2006. Vote on the motion carried unanimously. 2. Motion Re: Time Extension Request for Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, Section 15, Township 24 South, Ranqe 37 East, Part of Parcel 25.0 - (Property is Located lust North of Residence Inn and South of Country Inn) - Messer Construction Corp., James Messer, President. Chairperson McMillin read the agenda item for the record. It was noted that there was no representative in attendance. The Board members read the letter submitted from Messer Construction requesting a six month time extension. For clarification, Todd Peetz, City Planner, read City Code Section 110-48, regarding requests for time extensions. Kate Latorre, Assistant City Attorney, advised that it was up to the Board to determine if good cause is shown. Discussion followed. The Board members questioned why the applicant was only asking for a six month extension when the code allows twelve months. Susan Chapman, Board Secretary, advised that notification had been sent to the applicant regarding the scheduled meeting, and noted that another Board meeting has been scheduled for October 23rd for a different Special Exception. Motion by Robert Laws, seconded by Jack Childs, to table the Time Extension Request for Special Exception No. 05-10 until October 23rd. Vote on the motion carried unanimously. Chairperson McMillin requested that staff contact the applicant and advise them that someone needed to attend the meeting to represent the request. Board of Adjustment Meeting Minutes September 25, 2006 Page 2 There being no further business the meeting was adjourned at 7:40 p.m. Approved this day of , 2006. Earl McMillin, Chairperson Susan L. Chapman, Secretary Meeting Type: Board of Adjustment Meeting Date: 10/23/06 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Extension of Special Exception 05-13 Item No. #2 SUBJECT: Extension Request of Special Exception 05-13 to allow residential use in the Commercial C-1 zoning district. DEPT./DIVISION: Building Department Requested Action: Consider a request for extension of special exception 05-13 to allow residential in the Commercial C-1 zoning district. Per City Code 110-48, an extension of 12 months may be granted to an applicant if they can show good cause for the delay. Summary Explanation & Background: The applicant is Mr. And Mrs. Howard Gould, they received a special exception on November 14`h 2005, without conditions and are requesting an extension pursuant to the City Code 110-48. The property was under contract last year and did not close. In addition and tragically, Mr. Howard Gould passed away unexpectedly after a short illness. This request is for another 12 months. Exhibits Attached: #1 Letters of request for the extension, #2 P&Z minutes, #3 BOA Minutes, #4 BOA Legal Order, #5 Code Section 110-48, #6 Legal Notice. City Planner's Office Department: Building Department IL1enda Item dlRuden M�ciosky September 15, 2006 U.S. Mail - Certified Return Receipt Earl McMillin, Chairperson Board of Adjustment City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920 Re: Special Exception Request No. 05-13 Dear Chairperson McMillin: 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIDA 34986 (772) 873-5900 FAX: (772) 873-3111 J O HNATHAN. FERG US ON @ RUD E N. CO M On November 17, 2005 the City of Cape Canaveral Board of Adjustment ("Board of Adjustment") approved Special Exception Request No. 05-13 to allow residential use in the commercial zoning district at 8705 N. Atlantic Avenue ("Special Exception")(Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03 and C.01, Teutons Subdivision). A copy of the Board of Adjustment's notice approving the request is attached for your information. The Special Exception request was submitted by Seaboard Constructors, LLC ("Seaboard") who, at the time, had a contract to purchase the property from the owners Mr. and Mrs. Howard Gould. Seaboard did not close on the property and no longer has the property under contract. This is a request by the owner of the property. Mrs. Betty T. Gould, for a one year extension of the Special Exception pursuant to the provisions of City of Cape Canaveral Code of Ordinances ("Code") Section 110-32, which provides that "[u]pon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an additional 12-month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12-month period." Please accept this letter as Mrs. Gould's written request to the Board of Adjustment for a one year extension of the Special Exception. In support of this request Mrs. Gould offers the following information to demonstrate good cause. As noted above, the original special exception request was submitted by a contract purchaser, Seaboard. The contract closing was to take place in January or February, 2006. However, Seaboard did not close on the property, the contract was terminated and Seaboard no PSL:27084:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH co Letter to Earl McMillin, Chairperson September 15, 2006 Page 2 longer has any interest in the property. Tragically, about the same time the contract with Seaboard was terminated, Mr. Gould became unexpectedly ill and, after a short illness, passed away in February 2006. Understandably Mrs. Gould's immediate focus after Mr. Gould's death was on administering estate matters and managing their business interests, which included running Oak Manor Mobile Home -Park, the property subject to the Special Exception. If is only recently that she has been able to renew her efforts to find a buyer for the property who would be able to pursue the residential development of the property. At the time the Special Exception was approved there was general agreement by all parties that residential development on this property was appropriate. Nothing has occurred in the last ten months. to change that opinion. Mrs. Coluldis entert2ining inquiries by potential developers and it is helpful in the softening real estate market that she be able to represent that one step in the development review process has been completed which will save prospective purchasers time and energy. As the Board of Adjustment knows, the Special Exception only allows residential development on the property it does not permit a specific development plan. The City will have ample opportunity to review and permit whatever development is proposed for the property. Therefore, based on the above demonstration of good cause, Mrs. Betty T. Gould respectfully requests that the Board of Adjustment grant her written request for a one year extension of Special Exception No. 05-13 so that its terms and conditions shall remain in effect until November 17, 2007. Furthermore, we respectfully request that this request be scheduled for the Board of Adjustment's consideration at the next scheduled meeting of the Board of Adjustment. If you have any questions or need any further information, please contact me immediately. Thank you for your attention to this matter. Enc. cc: Mayor Rocky Randels Mayor Pro Tem, Robert Hoog Bennet Boucher, City Manager Susan Stills, City Clerk .Todd Morley, Building Official Todd Peetz, City Planner Mrs. Betty T. Gould PSL:27084:1 Sincerely, Johnnathan t- .. Ferguson Attorney and Agent for s. Betty T. Gould RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH 0 Planning & Zoning Board Meeting Minutes October 26, 2005 Page 4 5. Recommendation to the Board of Adjustment - Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, verified that the City code was changed recently to allow this use by special exception. Randy May, Petitioner, advised that the project was moving forward. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-12 to the Board of Adjustment. Vote on the motion carried unanimously. 6. Recommendation to the Board of Adjustment - Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Ranqe 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend Variance Request No. 05-06 be denied by the Board of Adjustment. Vote on the motion carried unanimously. 7. Recommendation to the Board of Adjustment - Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Todd Peetz, City Planner, gave an overview of the proposed project. He advised that the property was currently a trailer park, and is surrounded by C-1 and C-2 uses. He noted that this property location was not part of the moratorium currently in effect. He explained that the Petitioner is requesting a special exception to construct 122 multi- family units. He noted that a Unity of Title or Replat will be required to incorporate all four parcels. Discussion was held regarding notifications to surrounding property owners. The Board Secretary verified that the Ocean Woods Homeowners Association was mailed a certified notice of this request. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 5 Chairperson McNeely questioned if they were requesting rezoning by special exception. She pointed out that N. Atlantic Avenue has mostly changed from C-1 to residential. Kevin Markey, Attorney for the Petitioners, advised that the property already has an existing residential use. Todd Peetz, City Planner, noted that the trailer park existed prior to the commercial zoning district being created. Kevin Markey verified that all the trailers would be removed. Vice Chairperson, Lamar Russell, asked if they could take out some of the coverage and add some green area. Kevin Markey responded that he was not in the position to change the size of the buildings or number of units. He verified that the request included all four parcels of property, and advised that the property would be surveyed and the legal description will be clarified. Anthony Garganese, City Attorney, advised that the City will require a Unity of Title. The Board members reviewed the submitted conceptual plan. Discussion followed regarding distance requirements between curb cuts. Chairperson Russell asked if the units could front Central Blvd. so that the units would look attractive to pedestrians traveling down the road, rather than looking at the backs of the units. Todd Peetz suggested that the buildings be turned to front Central Blvd. and a frontage road be constructed in front of the buildings. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-13 to the Board of Adjustment. Vote on the motion carried unanimously. 8. Recommendation to the City Council Re: Proposed Ordinance for Land Clearing for Three Dwelling Units or Less - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, advised that he made the changes as requested by the Board at the last meeting. The Board members reviewed the draft ordinance. Brief discussion followed. Motion by Donald Dunn, seconded by Shawn Schaffner to recommend approval of the draft ordinance to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked for clarification on some of the decisions made this evening. There being no further business for the Board to consider the meeting was adjourned at 10:07 p.m. V i_ }2S Bea McNeely, Chairperson- Board of Adjustment Meeting Minutes November 14, 2005 Page 3 3. Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Ranqe 37 East, All of Parcels 9, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, explained to the Board why there was a request for a Variance and a request for a Special Exception for the same use. He gave an overview of the special exception request and read the newly adopted ordinance, which allowed the use by special exception. Randy May, Petitioner, showed the Board members a schematic overview of the project, depicting the property lines, and location of the conveyor system. The Board members reviewed the exhibits. Discussion followed. Motion by Robert Laws, seconded by Paul Collins, to approve Special Exception Request 05-12. Vote on the motion carried unanimously. 4. Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Ranqe 37 East, All of Parcels 9, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, recommended that the Board make a motion to deny the Variance, or the Petitioner withdraw the request. Randy May, Petitioner, withdrew the request. 5. Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcel 28, D.01, D.03, and C.01, Tueton's Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Kevin Markey, Representative for the Petitioners, testified that the property was approximately 9 acres; currently there are 72 mobile home units, and outside storage of boats and RV's. He noted that the property is outside the moratorium area; the intentions of the property owners are to construct approximately 100 residential units; all landscape buffering requirements will be met. 2_C Board of Adjustment Meeting Minutes November 14, 2005 Page 4 Bea McNeely, Ex-Officio Member, advised that the Planning & Zoning Board had voiced concerns regarding the site plan and visual impact on Commerce Street. Mr. Markey had advised the Planning & Zoning Board that he would work with City staff regarding those issues. The Board members reviewed a preliminary site plan of the proposed project. Mr. Markey responded to the Board members questions. He testified that the owners want to replace the trailer park with residential condominiums; some buildings are one story and some are two story; each unit will have an enclosed garage; the owners currently do not have an overall property survey; and they do not have an existing special exception for the trailer park because the use was existing prior to zoning being established by the City; he could not verify the total number of proposed units because the proposed project was in preliminary stages of design. Mr. Markey advised that the applicants would like to surrender the special exception if not utili7Pd withi 12 months. Todd Peetz responded that the special exception will automatically expire in 12 months if not utilized. Ms. McKone, Chairperson, questioned the impact on schools, traffic, and green areas. Todd Peetz, City Planner, responded that adding 50 units would not impact the current level of service standard for traffic; Cape View Elementary School is under capacity; and the project may help traffic on N. Atlantic Avenue by having a road cut on Central Boulevard. Motion by Robert Laws, seconded by Paula Collins, to approve Special Exception Request No. 05-13. Vote on the motion carried unanimously. 6. Discussion and Motion Regarding: Establishing New Meeting Time. Robert Laws suggested that the meeting time remain at 7:30. Following brief discussion, the Board members agreed to keep the meeting time at 7:30 in case the former members were reappointed to the Board by City Council. 7. Interview and Recommendation to City Council Re: Prospective Board Member - Catherine Barnes. Catherine Barnes, Prospective Board member, advised that she had served on the Planning & Zoning Board with Bea McNeely, and served as the Chairperson for a short - time. Now that her kids were grown, she was ready to serve on a City Board. She advised that with her experience from the Planning & Zoning Board she would be an asset to the Board of Adjustment. Motion by Robert Laws, seconded by Paula Collins, to recommend that Catherine Barnes be appointed to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION: Ms. McKone, Chairperson, questioned if a Chairperson was allowed to make motions. Kate Latorre, Assistant City Attorney, advised that she will research the question and report her findings at the next meeting. Seaboard Constructors, LLC Attn: Ken Welsh 3415 Shady Run Road Melbourne, FL 32934 RE: City of Cape Canaveral November 17, 2005 FILE COSY Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 14th day of November, 2005. Based on the testimony and information provided, the Board of Adjustment has granted your request to allow residential use in the G 1 zoning district at the above referenced location. As per City Code Section 110-48, Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Constance B. McKone Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral. FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www myflorida.com/cape • email: ccapecanaveral@cfl.rr.com view Legal J%W? / aZi5Uv ragc1011 AD#782800-10/6,2006 Notice of Public Hearing The Board of Adjustment, City of Cape Canaveral, Florida, will hold a Public Hearing for the purpose of considering a Time Extension Request for a Granted Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Monday, October 23, 2006 at 7:30 P.M. A Time Extension Request for Special Exception No. 05-13 to Allow Residential Use in the C-1 Zoning District Section 14, Township 24 South, Range 37 East, Partials 28, D.01, D.03, and C.01, Teutons Subdivision - (8705 N. Atlantic Avenue) - Jonathan A. Ferguson, Agent for Betty T. Gould, Property Owner. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L. Chapman Secretary to the Board of Adjustment If you should have any questions regarding the above ad, please contact the Building Department at (321) 868-1222. AD#: 782800 Publication: Florida Today First Published: 10-06-2006 1_.L.1- _k/1___1_/J: _._1 ___ 1_....__n hIr%—TNT[1T1T At70_T-1_' AfAf 1 IN le- Innni City of Cape Canaveral Certified No. 7006 0100 0002 0935 2179 September 22, 2006 Johnathan A. Ferguson, Esquire 145 NW Central Park Plaza, Suite 200 Port St. Lucie, FL 34986 Dear Applicant: RLE CPY The attached will serve as your notice of the up -coming Public Hearing regarding your request before the City of Cape Canaveral's Board of Adjustment on Monday, October 23, 2006, at 7:30 P.M., at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. If you have any questions or desire additional information, please contact the Cape Canaveral Building Department, 105 Polk Avenue, P.O. Box 326, Cape Canaveral, Florida 32920 or telephone: (407) 868-1222. usan L. Chapman Executive Assistant, Building Department Secretary, Board of Adjustment 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com . § 110-47 CAPE CANAVERAL CODE Adequate and properly located utilities are available or may be reasonably pro- vided to serve the proposed development. Adequate screening and/or buffering will be provided to protect and provide com- patibility with adjoining properties. Signs, if any, and proposed exterior light- ing will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompati- bility or disharmony with adjoining prop- erties. Refuse and service areas, with particular reference to the items in subsections (a)(1) and (a)(2) of this section. Required setback and other open space. Height. Landscaping. Renewal and/or termination dates. That the use will be reasonably compati- ble with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, the building size and setbacks, its relationship to land val- ues and other facts that may be used to measure compatibility. (b) In granting any special exception, the board of adjustment may prescribe appropriate condi- tions and safeguards in conforming with this chapter. Violation of such conditions and safe- guards, when made a part of the terms under which the special exception is granted, shall be deemed to be a violation of this chapter and punishable as provided by this chapter. (Code 1981, § 645.23; Ord. No. 43-93, § 1, 12-7-93) Sec. 110-48. Expiration. Any special exception granted under this chap- ter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the board of adjustment may extend this time period by an additional 12- month period if the applicant can show good cause for the delay. If the applicant desires an exten- sion, the applicant shall submit its request di- rectly to the board of adjustment prior to the expiration of the first 12-month period. Addition- ally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist or a period of 18 consecutive months. As used herein, aban- doned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances of Cape Canaveral, Florida. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to section 110-46 of the Code of Ordinances of Cape Canaveral, Florida. (Ord. No. 5-96, § 1, 6-4-96) Secs. 110-49-110-60. Reserved. DIVISION 3. VARIANCES Sec. 110-61. Variance. Variance from this chapter shall be obtained only through action of the board of adjustment. The specific terms of each variance are binding and may not be changed, except by a new vari- ance or by reversion to conformity with this chapter. (Code 1981, § 643.13) Sec. 110-62. Applications; procedures. (a) The board of adjustment shall authorize upon appeal in specific cases such variance from this chapter as will not be contrary to the public interest, when owing to special conditions a lit- eral enforcement of this chapter would result in unnecessary hardship. A variance from this chap- ter shall not be granted by the board of adjust- ment, except according to the following: (1) A written application for a variance is submitted demonstrating that: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district. Supp. No. 11 CD110:18 Meeting Type: Board of Adjustment Meeting Date: 10/23/06 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Extension of Special Exception 05-10 Item No. #3 SUBJECT: Extension Request of Special Exception 05-10 to allow a vehicle rental facility. DEPT./DIVISION: Building Department Requested Action: Consider a request for extension of special exception 05-10 to allow a vehicle rental facility. Per City Code 110-48, an extension of 12 months may be granted to an applicant if they can show good cause for the delay. Summary Explanation & Background: The applicant is Hertz Rental Car, they received a special exception on October 27th 2005, without conditions and are requesting an extension pursuant to the City Code 110-48. An application for site plan approval is currently under review with the City and appears to be nearing completion. This request has been clarified to be for another 12 months. This item was tabled at the September 25th BOA meeting because the applicant was not in attendance. Exhibits Attached: #1 Letters of request for the extension, #2 P&Z minutes, #3 BOA Minutes, #4 BOA Legal Order, #5 Proposed Site Plan, #6 Property Appraiser's information, #7 Legal Description, #8 Sketch of the property, #9Code Section 110-48, #11 Legal Notice. City Planner's Office Department: Building Department Agenda Z�4em 3 Sep 27 OG 10:O1a Messer Const. (321)83S-8783 p.l Messer Construction Corp. P.O. BOX 425 SHARPES, FL 32959 PHONE (321) 632-0074 FAX: (321) 639-8783 City of Cape Canaveral Board of Adjustment 105 Polk Avenue Cape Canaveral, Fl 32920 Re: Special Exception for allowing the Hertz rental car facility to be constructed on the north out parcel in front of the Residence Inn Ladies and Gentlemen, We appeared before the Board of Adjustment in October and were granted special exception, valid for 12 calendar months, for the rental car center site. The property has conditions that are an integral part of a St. Johns River Water Management District permit that require an agreement, suitable to the Distri(t, between the buyer and seller and it is taking an unusual amount of time to ,;et through the Water Management District Legal staff review process. We have prepared the building plans and the site plan and submitted them, along with the appropriate fees, to the City staff. There is some possibility, due to the advance scheduling of the various Board agendas, that our s: to will not be permitted for construction within the 12 months time period approved by the Board of Adjustment.. Therefore we are respectfully requesting an extension for a twel ve months time period to allow us to get all the approvals needed from government. d agencies. Please feel free to contact me should you need additional infot oration if I can answer questions. Sincerely your, O er Cc: Jim Messer Messer Construction Corp. P.O. BOX 425 SHARPES, FL 32959 PHONE: (321) 632-0074 FAX: (321) 639-8783 of :zy . J gy City of Cape Canaveral Board of Adjustment 105 Polk Avenue Cape Canaveral, F1 32920 August 22, 2006 S x01'ion4�5-16 (&m,(d oc+. 2?, zoos) s C Re: Special Exception for allowing the Hertz rental car facility to be constructed on the north out parcel in front of the Residence Inn Ladies and Gentlemen, We appeared before the Board of Adjustment in October and were granted special exception, valid for 12 calendar months, for the rental car center. The property has conditions that are an integral part of a St. Johns River Water Management District permit that require an agreement, suitable to the District, between the buyer and seller and it is taking an unusual amount of time to get through the process. We have prepared the building plans and the site plan and submitted them, along with the appropriate fees, to the City staff. There is some possibility, due to the advance scheduling of the various Board agendas, that our site will not be permitted for construction within the 12 months time period. Therefore we are respectfully requesting an extension for a six months time period to allow us to get all the approvals needed from governmental agencies. Pease feel free to contact me should you need additional information if I can answer questions. Sincerely yours, �.4—L- (% • Planning & Zoning Board Meeting Minutes September 28, 2005 Page 3 5. Motion to Recommend: Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Rqe. 37E, Part of Parcel 25.0 - William Stephenson, Petitioner. Todd Peetz, City Planner, advised that the property was located on an out -parcel from the Residence Inn, and gave an overview of the request. He testified that the project would have shared access with Residence Inn; and reviewed the required criteria for this type of special exception. Kevin Looney, employee of the Petitioner, testified that the car rental facility may have a car wash, and if so, it would be located within the 600 square foot prep area as shown on the submitted conceptual plan. Victor Watson, employee of the Petitioner, testified that the use is compatible with the surrounding areas, and designed to meet all code requirements. He noted that the property will be owned and leased long-term. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of Special Exception Request No. 05-10 to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Peetz, City Planner, gave an update on the City Council meeting's discussion regarding short-term rentals. He advised that City Council is not taking any action until the County makes its final decision. He noted that 36 properties are licensed for rentals in the City. Bennett Boucher, City Manager, advised that he was having a difficult time with the State trying to identify vacation rentals. He noted that Tess than 10 are identified throughout the County. Todd Peetz, City Planner, advised that City Council passed the 1st reading of a moratorium ordinance. He advised that the moratorium would delay new applications. He explained that the proposed moratorium would be for 90 days, with a 60 day extension if needed. He advised that over 300 parcels have granted special exceptions for residential use in the commercial zoning district, and identified some of them from a City zoning map. Bennett Boucher, City Manager, added that City Council was looking at preserving commercial areas on A1A, and properties along A1A would be the only properties affected. There being no further business for the Board to consider the meeting was adjourned at 8:35 p.m. )7ZCP Bea McNeely, Chairperso Susan L. Cis nran -Se'crtary Board of Adjustment Meeting Minutes October 27, 2005 Page 2 3. Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - LaFiesta Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Alice Fusillo, Petitioner, testified that the restaurant opened on September 1, 2005; this was a family restaurant; and she was requesting a special exception to serve beer and wine to her patrons to enhance her business. Paula Collins, stated that the previous restaurant had a beer and wine license, which set precedent for the location. Todd Peetz, City Planner, advised that the previous special exception had expired. He verified that the request meets all applicable City requirements. Motion by Paula Collins, seconded by Connie McKone, to grant Special Exception Request No. 05-09. Vote on the motion carried unanimously. 4. Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 - William Stephenson, Petitioner. William Stephenson, Petitioner, testified that this request was for a vehicle rental facility; the property would share access with the Residence Inn and the parcel immediately to the South; the property was slightly over one acre; and the use would be an asset to the community. Todd Peetz, City Planner, verified that all applicable City codes have been met with this request. Motion by Connie McKone, seconded by Paula Collins to grant Special Exception Request No. 05-10. Vote on the motion carried unanimously. 5. Election of Chairperson and Vice Chairperson. Robert Laws announced that he would not accept any nomination for Chairperson. Paula Collins nominated Connie McKone for Chairperson. the nomination. Vote on the nomination carried unanimous Robert Laws nominated Paula Collins for Vice Chairperson nomination. Vote on the nomination carried unanimously Connie McKone accepted ly. . Paula Collins accepted the There being no further business the meeting was adjourned at 6:57 p.m. Approved this /5/day of `, Susan L. apman, Boar. Secretary , 2005. Z°42$,SOG Constance B. McKone, Chairperson 6 William H. Stephenson, P.E. 2540 Fairfield Drive Cocoa, FL 32926 RE: City of Cape Canaveral November 7, 2005 Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 - William Stephenson, Petitioner. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 27th day of October, 2005. Based on the testimony and information provided, the Board of Adjustment has granted your request to allow a vehicle rental facility in the C-1 zoning district at the above referenced location. As per City Code Section 110-48, Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, 7, /- -;•/!'11C'Mr( Connie McKone Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com • 9D 4 F4,• ,35. •1D- o zo GRAPHIC SCALE IN FEET 41,9L A.cc.E5 S.52DEG.3c100"W 164.62' MAN DRIVEWAY VE /IGLE E . T4i., Pii4G/4. l"r Astronaut Blvd., Cape Canaveral, Florida Th oL cn Jim Ford, CFA Brevard. County Property Appraiser - Map Search 'BUD 6E"C gr-rrrwsv �y k A STrLor4pv `t BLS i7 Special Exception Work Sheet For Vehicle Rental Facility in C-1 zoning district. 0.92 Out Parcel at 8959 Astronaut Blvd., Cape Canaveral, Fl. http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &i d=2005080... 8/4/2005 DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: OUT PARCEL 1 A portion of those lands described in Official Records Book 5288, Page 2198, of the Public Records of Brevard County, Florida, lying in Section 15, Township 24 South, Range 37 East. Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Road A-1—A (a 100.00 foot wide right of way); thence S37'21 '10 E, along said Westerly right of way line, a distance of 506.75 feet, to the Northeast corner of said lands and the POINT OF BEGINNING of the herein described parcel; thence continue, S37'21 ' 10"E, along said Westerly right of way line, a distance of 109.02 feet; thence S52'39'OO"W, a distance of 164.62 feet; thence S79'42'15"W, o distance of 54.35 feet; thence N37'21 'OO "W,, a distance of 249.97 feet, to the North line of said lands; thence S89'28'37"E, along said North line, a distance of 269.86 feet, to the POINT OF BEGINNING; Containing 0.92 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on o bearing of S3721'1O E, along Westerly right of way line. 3. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 LLE X ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 NEBSITE: www.alleneng.net - EMAIL: infoOalleneng.net SURVEYOR'S CERTIFICATION: I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the "Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. ALL Not valid without the signature and the original '':ER ALMON raised seal of a Florida Professio al Surveyor & Mapper licensed surveyor and mapper. Florida Registration No. 4262 2 1. JOB NO. 030025 DATE: 1-31-05 PREPARED AND CERTIF/ED FOR: Al A ACQUISITION GROUP. Ltd., L.L.P. SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY OUT PARCEL 1 POINT OF COMMENCEMENT N. LINE OF S. 3316.80' OF S£C170N 15 (AA O� rINTERSECTION OF NORTH LINE OF SOUTH 3316.80 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A POINT OF BEGINNING N.E. CORNER OF OFFICIAL RECORDS BOOK 5288, PAGE 2198 S.89'28'37"(. 269.86' 1 J' N. LINE OF OFFICIAL RECORDS BOOK 5288. PAGE 219E O_ 3P d) Ilk s Q ti ,rim S,7 EXHI BIT "A" SHEET 1 OF 2 LLE.Nngneering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 'EHSITE: mr.alleneng.net - EMAIL: info®alleneng.net 3. 2. 1. DATE: 1-31-05 Put 9; •O' �O Q MIN 0 15 30 60 GRAPHIC SCALE SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION Et NOTES DRAWN BY: D✓G JOB NO. 030025 SCALE: 1 "=60' PREPARED AND CERTIFIED FOR: A 1 A ACQUISITION CROUP. Ltd., L.L.P. § 110-47 CAPE CANAVERAL CODE (3) Adequate and properly located utilities are available or may be reasonably pro- vided to serve the proposed development. Adequate screening and/or buffering will be provided to protect and provide com patibility with adjoining properties. Signs, if any, and proposed exterior light- ing will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompati- bility or disharmony with adjoining prop- erties. Refuse and service areas, with particular reference to the items in subsections (a)(1) and (a)(2) of this section. Required setback and other open space. Height. Landscaping. Renewal and/or termination dates. That the use will be reasonably compati- ble with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, the building size and setbacks, its relationship to land val- ues and other facts that may be used to measure compatibility. (b) In granting any special exception, the board of adjustment may prescribe appropriate condi- tions and safeguards in conforming with this chapter. Violation of such conditions and safe- guards, when made a part of the terms under which the special exception is granted, shall be deemed to be a violation of this chapter and punishable as provided by this chapter. (Code 1981, § 645.23; Ord. No. 43-93, § 1, 12-7-93) p Sec. 110-48. Expiration. Any special exception granted under this chap- ter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the board of adjustment may extend this time period by an additional 12- month period if the applicant can show good cause for the delay. If the applicant desires an exten- sion, the applicant shall submit its request di- rectly to the board of adjustment prior to the expiration of the first 12-month period. Addition- ally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist or a period of 18 consecutive months. As used herein, aban- doned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances of Cape Canaveral, Florida. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to section 110-46 of the Code of Ordinances of Cape Canaveral, Florida. (Ord. No. 5-96, § 1, 6-4-96) Secs. 110-49-110-60. Reserved. DIVISION 3. VARIANCES Sec. 110-61. Variance. Variance from this chapter shall be obtained only through action of the board of adjustment. The specific terms of each variance are binding and may not be changed, except by a new vari- ance or by reversion to conformity with this chapter. (Code 1981, § 643.13) Sec. 110-62. Applications; procedures. (a) The board of adjustment shall authorize upon appeal in specific cases such variance from this chapter as will not be contrary to the public interest, when owing to special conditions a lit- eral enforcement of this chapter would result in unnecessary hardship. A variance from this chap- ter shall not be granted by the board of adjust- ment, except according to the following: (1) A written application for a variance is submitted demonstrating that: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district. Supp. No. 11 CD110:18 View Legal AO 774380 Page 1 of 1 Print Window Close Window AD#774380-9/15,2006 Notice of Public Hearing The Board of Adjustment, City of Cape Canaveral, Florida, will hold a Public Hearing for the purpose of considering a Time Extension Request for a Granted Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Monday, September 25, 2006 at 7:30 P.M. Time Extension Request for Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 - (Property is Located Just North of Residence Inn and South of Country Inn) - Messer Construction Corp., James Messer, President. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L. Chapman Secretary to the Board of Adjustment If you should have any questions regarding the above ad, please contact the Building Department at (321) 868-1222. AD#: 774380 Publication: Florida Today First Published: 09-15-2006 http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=23733 9/18/2006