HomeMy WebLinkAboutcocc-boa-agendpkt-20060731dty of Cape Canaveral
BOARD OF ADJUSTMENT MEETING
AGENDA
111 POLK AVENUE
JULY 31, 2006
7:30 P.M.
Call to Order
NEW BUSINESS:
Qs\ 41,'*\(\
rr•p�, (J,4
1. Motion to Approve the Meeting Minutes of May22, 200 .
2 \v,e Interview & Recommendation to City Council Re: Prospective Board
-°' s Member - Jack Childs.
3 Motion Re: Special Exception Request No. 06-04 to Allow Outside
Storage of Recreational Vehicles, Trailers and Trailerable Items in the
�M G2 Zoning District, Section 15, Township 24 South, Range 37 East,
Q\ '" West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad and
•p �� Abujghasem Nasajpour, Petitioners.
eayieivi 0; cvnnit dt
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
l er. t Canaveral City (Thy, ci and/or Q c:_T .� ai Board members
ii�i�rFiic=iiiiiri.� i=�i the Cane �:�iaavi.�i�� City urw.�..sx a.:xµr t.a 1w.,a�L..�iCia.
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
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
May 22, 2006
A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 22, 2006
at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance McKone,
Vice Chairperson, called the meeting to order at 7:30 P.M. The Secretary called the
roll.
MEMBERS PRESENT:
Constance McKone
Paula Collins
Catherine Barnes
Robert Laws
MEMBERS ABSENT
Vice Chairperson
Earl McMillin Chairperson
OTHERS PRESENT:
Susan Chapman Secretary
Todd Peetz City Planner
Kate Latorre Assistant City Attorney
Bea McNeely Ex-Officio Member
NEW BUSINESS
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
1. Motion to Approve the Meeting Minutes of April 24, 2006.
Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of
April 24, 2006. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No. 06-03 to Allow Outside Storage in
the M-1 Zoning District, (400 Imperial Boulevard), Section 15, Township 24
South, Range 37 East, Parcel 814 - Arthur Berger, Designated Agent.
Arthur Berger, Applicant, gave an overview of the request. He advised that the site was
approximately four acres, located in the M-1 zoning district. The Board members
reviewed the Planning & Zoning Board's recommended conditions of approval. Mr.
Berger verified that he agreed to comply with the conditions. He explained that security
lighting will be installed on a proposed storage building to shine down on the outside
storage parking area. The Board members reviewed the submitted landscape plan. Mr.
Berger advised that the property owner will utilize reclaimed water for irrigation when it
becomes available. Mr. Berger further advised that compacted gravel will be used for
the outside storage parking area. He confirmed that no one would be living on site.
Board of Adjustment
Meeting Minutes
May 22, 2006
Page 2
Motion by Catherine Barnes, seconded by Robert Laws to grant Special Exception
Request No. 06-03 with the following conditions:
1. Parking spaces shall be clearly marked.
2. Outside storage shall be limited to licensed vehicles only.
(i.e. RV's, boats, campers, trailers.)
3. No maintenance of the vehicles shall be allowed on the property.
4. All requirements of the zoning district shall be met and shown on the site
plan.
Vote on the motion carried unanimously.
There being no further business the meeting was adjourned at 7:53 p.m.
Approved this day of , 2006.
Connie McKone, Vice Chairperson
Susan L. Chapman, Secretary
Meeting Type: Board of
Adjustment Meeting
Meeting Date: 7/31/06
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Interview
Item
No.
#2
SUBJECT: Interview with Mr. Jack C. Childs, who desires to be appointed to the Board of
Adjustment.
DEPT./DIVISION: Building Department
Requested Action:
Interview and Recommend to the City Council as whether Jack C. Childs is a potential candidate to sit on the Board of Adjustment.
Summary Explanation & Background:
Jack C. Childs is a resident of the City.
number 1 choice.
Mr. Childs has stated that he would like to volunteer to sit on the Board of Adjust as his
Exhibits Attached: Application
City Planner's Office
Department: Building Department
EcEUva
MAY 2 2 2006
APPLICATION FO
Rit
r' y Coodraqu:,,. ubpuou
CITY OF CAPE CANAVERAL
'OINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
ant to Section 2-171, Cape Canaveral Code
ve and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name:
2. Home Address:
10.50/3L%i c�
3. Home Telephone:
4. Occupation:
02( (
5. Business Telephone:
6. Business Address:
B. ELIGIBILITY
gl Y`/?4=f7 /t{? k i7£
CO cX/It/i
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) ° (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N)
3b. If yes to 3a, have your civil rights been restored? (Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N).
4b. If yes to 4a, please list each:
m (N)
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage?
6b. If yes to 6a, please provide name(s) of person(s)d relationship to you:
4
C. INTERESTS/EXPER1ENCE
1. Briefly state yohir interest in serving = - commatee:
2. Briefly state any prior experiences in serving on any govemmental board or committee:
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee:
( /✓ (Y (e/V[:Af)/`C
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
a. .1 Beautification Board
b. ! Board of Adjustment*
c. Business and Cultural Development Board
d. Code Enforcement Board*
e. 3 Community Appearance Board*
f. Construction Board of Adjustment and Appeals*
g. Library Board
h. Planning and Zoning Board*
i. Recreation Board
j. Other.
*Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year
following the initial appointment while still a member of said board.
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE
African -American
Asian -American
Hispanic -American
Native American
Caucasian
GENDER
DISABILITY
Male
Female
Not Known
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at (321) 863-1221.
Signature:
Date:
Please retum to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Meeting Type: Board of
Adjustment
Meeting Date: 7/31/06
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Special Exception 06-04
Item
No.
#3
SUBJECT: Special Exception request 06-04 to allow Storage or Parking of Recreational Vehicles,
Trailers and Trailerable items in the C-2 Zoning District.
DEPT./DIVISION: Building Department
Requested Action:
Consider recommendation for approval with conditions by the Planning and Zoning Board and make a decision to grant or deny of
storage/ parking of recreational vehicles, trailers and trailerable items.
Summary Explanation & Background:
The applicant is Abulghasem and Ahmad Nasajpour, the owner of the existing lumber yard. They have requested a special exception
to include the storage of recreational vehicles and trailerable items. The project is located north of Central Boulevard and east of
Astronaut Boulevard.
This item was initially heard on June 14th, 2006 and was recommended for approval with conditions on July 12, 2006 by the
Planning and Zoning Board. The conditions were a security fence on all sides; screening on all sides composed of greenery on the
outside of the fence; all boats shall be on licensed trailers; lighting shall meet all code requirements; all parking places shall be
designated with lasting markers; the number of spaces is limited to 54 and must meet all code requirements; and maintenance and
repair is prohibited.
Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the
special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception
City Planner's Office
Department: Building Department
City of Cape Canaveral
Building Department
(Please Print Legibly or Type)
ExCt, lhorl 06-O
5cx 0Ct?
DATEFILED5-l5-0C FEE PAID ,R5)C,(() DEPOSIT RO3,91, Fr
RECV'D BY: d C. - ($250.00 Filing Fee is non-refundable)
NATURE OF REQUEST
Special Exception is for what purpose (Brief Description)
lot as a boat & RV storage area.
;Fed Mat l rnc(
Use an existing vacant
Address of request (if applicable)
Legal Description: Lot Block Parcel Subdv
Section 15 Township 2 4 Range 3 7 E
STATEMENT OF FACT: State of Florida, County of Brevard; I
Lulyhdsem Nasajpour , being duly sworn, depose and say that
XN I am the property owner.
I am the owner(s) designated agent. (notarized authorization required)
Owner(s)Name(s): Abulghasem Nasajpour, Ahmad Nasajpour
Address: 200 W. Central Blvd.,Cape Canaveral, F1. 32920
321-504-9770 321-784-115 faii none
Home Phone - - - - Work Phone
Applicant(s)Names(s): Abulghasem Nasajpour, Ahmad Nasajpour
Address:200 W. Central' Blvd.,Cape Canaveral, Fi.' 32920
321-504-9770 321-784-115none.
Home Phone Work Phone
All information, sketches and data contained and made part of this request, are honest
and true toe best of my knowledge and belief.
/p-e.Y°.1,/
Signature of Applicant
3•
Swo.. d sub • -d before me on this day of ��rt1a
_ L'BLIC•SIVIT OF FLORIDA
Susan L, Chapman
raid Commission #DD384306
Notary Public, State of Florida ';;Fxplres; 23 2009
kA114,4 # Thou ANa,r1t4$ le kItQg Co, Inc,
The completed request form and the $250 filing fee must be filed as follows: Requests for
Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a
minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board
Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior
to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after
the request is heard by the Planning & Zoning Board. (A deposit may be required per Section
110-92 )
ncr^n '
6)
City of Cape Canaveral
APPLICATION FOR SPECI°r1L EXCEPTION
This application must be legibly completed and returned, with all enclosures
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment. The
owner or a owner representative are required to attend the meetings and will be
notified by the board secretary of the date and time of the meetings. The
Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays
of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE
SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any
questions, please contact the Building Department at (321) 868-1777.
DATE;
1. NAMEOFAPPLICANT(S) Abulghasem Nasajpour,Ahmad Nasajpour
ADDRESS (if assigned) 200 W. Central Blvd. ,Cape Canaveral,F1.32920
PHONE # 321-784-1450 FAX # 321-784-4337 E-MAIL none
2. COMPLETE I .FGAL DESCRIPTION OF PROPERTY:
LOT: BLOCK: SUBDIVISION:
PARCEL:
SIZE OF SUBJECT PROPERTY IN ACRES:
SEC."1 ION: 15 TOWNSHIP 2 4 `RANGE 37 E
DESCRIPTION:
3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS
SOUGHT
(EXAMPLE, ARTICLE X, SEC11ON 2) I t 0- l�)
4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLE 1E
APPLICATIONS MAY RESULT IN DENIAL OF REQUEST)
5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1
ETC.) C Z
6. PROVIDE THIR PEEN (13) COPIES OF SI 1'E PLAN OR APPROPRIATE
DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE:
(a) Adequate ingress and egress may be obtained to and from the property,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and emergency access in case of fire
or medical emergency.
P
THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS
APPLICATION:
*Paid receipt; from Finance Department for $250.00 Application Fee.
* Paid receipi from Finance Department for Deposit, if applicable.
(Make checks payable to the "City of Cape Canaveral")
`/ A listing of legal descriptions of all properties within a 500 ft. radius of the
boundaries of the property contained in the request, together with the
names anti mailing addresses (including zip codes) of all respective
property owners within the above referenced area. Include three (3)
complete sts of mailing labels of all property owners within a 500 ft.
radius. (This can be obtained from the Tax Assessor's Office.) The list
shall be legible and the source of the information submitted stated here:
V
ation was obtained from:
A property map showing properties within the 500 ft. radius, clearly
outlining the subject property, Aff,w• a sue,, �� C,• 4.sr 0044. c
The Location map showing adjacent properties uses, zoning, streets,
driveways; canals and utilities. for ',J6 ry moo, 6 1
Where Property is not owned by the applicant, a Power of Attorney must be
attached giving the Notarized consent of the property owner to the applicant
to request the Special Exception.
✓ 8. Copy of recorded deed to subject property.
/9. Completed w4ksheet.
/% 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s)
are encouraged.
• NOTE: Application fee of $250.00 is non-refundable upon payment to the
City.
• NOTE: Any balance from required deposit will be returned to the
applicant upon written request minus all absociated costs.
(b) Adequate off-stre parking and loading areas are -ovided without
creating undue noise, glare, odor or detrimental effects upon adjoining
properties.
(c) Adequate and properly located utilities are available or may be reasonably
provided to serve the proposed development.
(d) Adequate screening and/or buffering will be provided to protect and
provide compatibility with adjoining properties.
(e) Signs and exterior lighting, if any, will be so designed and arranged so as
to promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, or disharmony with adjoining properties and will be
permitted and in compliance with all adopted codes and ordinances.
(f) Refuse and service areas, with particular reference to the issues relating to
(a) and (b) above.
(g) Required setbacks and other open space.
(h) Height.
(i) Landscaping.
(j) Renewal and/or termination dates relating to a lease, if applicable.
(k) That the proposed use will be reasonably compatible with surrounding
uses in its function, its hours of operation, the type and amount of traffic
generated, structure size and setbacks, its relationship to land values and
any other facts that may be used to measure or determine compatibility.
PLEASE NO1E: In granting any Special Exception, the Board of Adjustment
may prescribe appropriate conditions, stipulations and safeguards to ensure
conformity with the foregoing.
STATE REASON FOR REQUEST(attach additional sheet if necessary):
Request a Special Exception as allowed by Sec. 110-334, para (11)
for use as "... storage or parking of recreational vehicles, trailers
and trailerable items ..." specifically, boats and RV's.
Y OF CAFE CHNAVERAL
SPECIAL EXCUTION
WORKSHEET
The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educ to the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
,eliess or more of the following this should serve as a preliminary
satisfactorily 8ur.,isc�a one uiv,... v/
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRr thRIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property
through) the creation of noise, light, vibration, traffic, utility requirements, or
stormy„ter runoff that would not have been created had the property been
developed as a principle use in the applicable zoning district.
No. This project will have a low impact on the area.
2) Will the Special Exception create any unusual police, fire or emergency services?
This should create nothing unusual. There is similar
activity in the surrounding area.
3) Will the Special Exception meet all the requirements of the zoning district in
which the request is to be located, such as: lot _requirements, building setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.?
Yes. •
4) Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, e flow and control, and emergency
access 4e case of fire or medical emergency?
None of the exterior accesses will be changed.
5} Is there adequate off-street parking and loading areas available without creating
unduenoise, glare, odor or other detrimental effects upon adjoining property
owners?
Yes. This should have little impact on adjoining property.
Is these adequate and properly located. utilities available or may be
o)
reasonably provided to serve the proposed development (if applicable)?
Not Applicable. No utilities are to be added for
this project. '
�} Is there adequate screening and/or buffering provided to protect and
provide compatibility to adjoining properties?
Yes. This use is similar to 'other businesses within
a one block area.
8) Are Signs and exterior lighting, if designed and arranged so as to
ghting, any, ,r.laro
promote traffic safety and to eliminate or minimize any undue glare,
incotpatiblity, and disharmony with adjoining properties?
glare,
No additional lighting is planned.
9) Is there adequate refuse and service areas?
We do nqt expect to generate much refuse with this project.
10 Do the setbacks, landscaping, and open space met the requirements of the
zoning district?
The setbacks and landscaping should remain the same and the
only new construction is a section of fence within the property
ts
11) Is the proposed use compatible with surrounding cgenerated, structuren, its
size
hours of operation, the type amount
and setbacks, its relationship to land values and any other facts that may
be used to measure or determine compatibility?
The proposed use is similar to; other properties within a
block or two in the surrounding area.
12) Is the Special Exception consistent with the goals, objectives and policies
of the Comprehensr
Yes.
13) Is the Special Exception consistent with the intent of the zoning district
with which the Special Exception is sought?
Yes. THis is light commercial; activity.
14) Has the petitioner met the minimum, requirements for the requested
Special Exception and demonstrated entitlement to the Special Exception
which will not adversely affect the public interest?
Yes. This is in the public interest. This will allow
the public storage for trailerable items and RV's.
15) Should the Special Exception be granted with any noted limitations,
restrictions and/ or conditions? . •
No. PrQvided the petitioner ag'ees to follow through
with the submitted plans and does nothing to violate
any current zoning requirements or restrictions.
8
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APPLICANT NAMES)/ADDRESS:
NASAIPOUR, AB
784-1450,
OWNER NAME(S)/ADDRESS:
AB NASAIPOUR, TRUSTEE
1301 PALACE DR., ROCKLEDGE, FL 32955
PTt102 -unidoo
RADIUS MAP
Brevard County Property Appraiser. Jim Ford
Based on data from the Property Appraiser's Office
This map was compiled from recorded documents and does not reflect
an actual survey. The Brevard County Board of Commissioners,
Property Appraiser, and Geographic Information Services do not assume
responsibility for errors or ommissions contained hereon.
Produced by: Brevard County Planning lc Zoning Office — GIS, January 27, 2006
oiss500-1.anp
\\\ I I \ I \ I I Ill
BUFFER DISTANCE 500 FEET
MAP SCALE IS L6000 (one inch = 500 feet)
LEGEND.
Notification buffer
Parcel/lot boundaries
Numbers on map correspond to mailing list
§ 110-334
CAPE CANAVERAL CODE
Service stations shall not be erected
or located within 2,000 feet of the
property line of another service sta-
tion.
(4) Places in which goods are produced and
sold at retail upon the premises.
(5) Vocational and trade schools not involving
operations of an industrial nature.
(6) Commercial establishments which sell,
dispense, serve or store alcoholic bever-
ages or which permit the consumption of
alcoholic beverages on their premises. Also
q.
see section 110332.
(7) Dry cleaning establishments using
noninflammable solvents and cleaning flu-
ids, as determined by the fire chief.
(8) Retail stores using outside display areas,
provided the following are met:
a. The area of outside display shall not
exceed in size one-third of the en-
closed area of the principal struc-
ture.
b. The outside display area shall be
considered the same as the floor area
for the purpose of calculating offstreet
parking, setbacks and lot coverage.
(9) New and used automobiles, major recre-
ational equipment and mobile home sales
with accessory services, subject to the
following:
a. All outside areas where merchan-
dise is displayed shall be paved.
b. All ingress and egress points to abut-
ting streets shall be marked clearly
and placed not closer than 150 feet
apart on the same street.
c. All servicing and repair activities,
except gasoline pumps shall be lo-
cated in an enclosed structure.
d. There shall be no storage of junked
or wrecked automobiles, other than
temporary storage not to exceed 30
days, and these vehicles shall be in
an enclosed area and not be visible
from outside the property.
Stipp. No. 11
e. Ingress and egress points shall not
be placed so as to endanger pedes-
trian traffic.
(10) Single-family dwellings, two-family dwell-
ings, townhouses and multiple -family
dwellings; provided, however, there shall
not be more than 15 dwelling units per
net residential acre. See requirements in
the R-2 district in division 3 of this article.
These requirements apply to residential
construction in the C-1 district.
(11) Commercial establishments for the stor-
age or parking of recreational vehicles,
trailers and trailerable items, provided it
meets the following, as a minimum:
a. Minimum lot size of 10,000 square
feet.
b. Vehicle storage area must be ob-
scured from view by either walls,
fences or hedges.
c. Walls, fences and hedges must com-
ply with all city rules and regula-
tions and must be kept in good con-
dition so as to ensure obstruction
from view.
(12) Public utility equipment; uses and rights -
of -way essential to serve the neighbor-
hood in which it is located.
(13) Theatres, drive-in theatres, photographic
studios, bookstores and dance studios, un-
less such uses fall within the scope and
restrictions of section 10-86 et seq.
(14) Carwashes, including polishing, and sale
of related materials.
(15) Vehicle rental facility, as provided in § 110-
556 of this Code.
(Code 1981, § 637.51; Ord. No. 02-2003, § 2,
3-4-03)
Sec. 110-335. Prohibited uses and structures.
In the C-1 low density commercial district, the
following uses and structures are prohibited:
(1) All uses not specifically or provisionally
permitted in this division. •
CD 110:40
May 25, 2006
NOTICE OF PUBLIC HEARING
TO THE ADJACENT PROPERTY OWNER(S):
Special Exception Request No. 06-04
Notice is hereby given by the City of Cape Canaveral, that applicant Abulghasem Nasajpour and Ahmad
Nasajpour, 200 W. Central Blvd., Cape Canaveral, FL 32920 have requested a Special Exception To
Allow Outside Storage of Recreational Vehicles, Trailers and Trailerable Items in the C-2
Commercial Zoning Dirstrict, pursuant to the Cape Canaveral Code of Ordinances, Zoning
Regulations, Section 110-383(C)(7) for the property described as follows:
Legal Description: Township 24S, Range 37E, Section 15, West Portion of Parcel 760
Parcel ID: 24-37-15-00-00760.0-0000.00
(200 W. Central Blvd., Cape Canaveral, FL 32920)
In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will
be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted
above. The meeting will be held on Wednesday, June 14, 2006, at 7:30 P.M. in the City Hall Annex,
111 Polk Avenue, Cape Canaveral, FL.
The Planning & Zoning Board is advisory in nature and will make a recommendation to the
Cape Canaveral Board of Adjustment with respect to the above -named property. The final
administrative approval or denial will come before the Board of Adjustment at a subsequent
scheduled meeting. Since your property may be located within 500-feet of this property
comments can be made in person or may be submitted in writing at the Planning and Zoning
Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920.
If a person decides to appeal any decision made by the Planning and Zoning Board 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. Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting.
Susan Stills, CMC
City Clerk
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
Outdoor Storage 06-03
The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and
the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2)
to educate the applicant as to the criteria which must be addressed and satisfied prior to
beginning the special exception consideration process. If the applicant can not satisfactorily
address one or more of the following, this should serve as a preliminary indication that the
request for special exception may be rejected or that the application may not be acceptable
for processing.
CRITERIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property through the
creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that
would not have been created had the property been developed as a principle use in the
applicable zoning district.
The applicant's request for a Special Exception to allow outside storage parking of boats, and Trailers
in a Commercial (C-2) Zoning district. The C-2 honing district is consistent and compatible with the
adjacent properties. There are currently industrial uses to the north, east and west of the subject property,
outdoor storage was approved on property to the east. However, the subject site currently appears to be
insufficiently buffered from Central Boulevard. Buffering will be further evaluated during site plan
review. In addition, the proposed special exception of outdoor storage of Boats and trailers would not
appear to create additional noise, light, vibration, traffic, utility requirements, or stormwater runoff that
would significantly adversely impact the adjacent land uses.
2) Will the Special Exception create any unusual police, fire or emergency services?
No unusual emergency services are needed.
3) Will the Special Exception meet all the requirements of the zoning district in which the
request is to be located, such as: lot requirements, building setbacks requirements, lot
coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.?
Should the Special Exception request be granted, the property owner is subject to Special Exception
criteria listed in the Cape Canaveral Land Development Regulations. The subject property has the
potential to meet these requirements.
4) Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow and control, and emergency access in case of fire or
medical emergency?
This application requests outdoor storage of boats and trailers in a Commercial C-2Zoning district.
The subject site will gain access to Central Boulevard.
5) Is there adequate off-street parking and loading areas available without creating undue
noise, glare, odor or other detrimental effects upon adjoining property owners?
The applicant is proposin, .,,itdoor storage of boats and trailers. Therefore _. substantial portion of the
concept plan is a parking lot.
6) Is there adequate and properly located utilities available or may be reasonably provided
to serve the proposed development (if applicable)?
Adequate utilities are available to the subject site.
7) Is there adequate screening and/or buffering provided to protect and provide
compatibility to adjoining properties?
Applicant must meet the screening and buffering requirements of Chapter 102, Ciy of Cape Canaveral
Code of Ordinances. In addition, the applicant may need to further screen the proposed use from traffic
on Central Boulevard.
8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic
safety and to eliminate or minimize any undue glare, incompatibility, and disharmony
with adjoining properties?
All lighting and traffic safety requirements must be meet according to Ciy of Cape Canaveral Code of
Ordinances.
9) Is there adequate refuse and service areas?
There is adequate refuse capacity.
10) Do the setbacks, landscaping, and open space meet the requirements of the zoning
district?
The subject site must meet the setbacks, landscaping and open space requirements of the Cape Canaveral
Land Development Code.
11) Is the proposed use compatible with surrounding uses in its function, its hours of
operation, the type amount of traffic generated, structure size and setbacks, its
relationship to land values and any other facts that may be used to measure or determine
compatibility?
The proposed use has the potential to be consistent and compatible with the surrounding uses. This can
be achieved through adequate screening and buffering between the subject site and Central Boulevard to
the south.
12) Is the Special Exception consistent with the goals, objectives and policies of the
Comprehensive Plan?
This `Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive
Plan.
13) Is the Special Exception consistent with the intent of the zoning district with which the
Special Exception is sought?
Yes, the Special Exception is consistent with the intent of the honing district.
2
14) Has the petitioner met the minimum requirements for the requested Special Exception
and demonstrated entitlement to the Special Exception which will not adversely affect
the public interest?
To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment.
15) Should the Special Exception be granted with any noted limitations, restrictions and/or
conditions?
To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment.
3
BUILDING OFFICIAL OR DESIGNEE REVIEW
1. Zoning Amendment
2. Variance
3. X Special Exception
4. Administrative Appeal
Contiguous Zoning
North South East West
M-1 C2 C=1 M-1 C-2
CONSIDERATIONS
SETBACKS: Yes MEETS CODE
COVERAGE: Yes MEETS CODE
LOT SIZE: Yes MEETS CODE
DENSITY: Yes MEETS CODE
HEIGHT: Yes MEETS CODE
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
ADDITIONAL REFERENCES
PARKING
LOADING ZONE
SETBACKS (A1A Ridgewood/Astronaut)
LANDSCAPING
NON -CONFORMITIES
STRUCTURES
LAND USES
NA
Code Sect.
110-491
NA
110-566-567
NA
NA
NA
Applicability
Yes No
X
X
X
X
NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11)
COMMENTS: No additional comments
Date Reviewed by Building Official or Designee:
�I L
Sig -nature:
4
(d6;70
MEMORANDUM
TO: Todd Morley,
Building Official
FROM: Todd Peetz
City Planner
DATE: June 6, 2006
RE: Special Exception for Outdoor Boat Storage 06-03
I have reviewed the submittal of the special exception review for the above referenced
project. My comments/concerns are addressed in the special exception worksheet
attached to this item.
If you have any questions, please feel free to contact me at 407-629-8880.
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: June 1, 2006
RE: Special Exception 06-04
AB Nasajpour
The Public Works Department has reviewed the above stated project and has a
concern about having outside storage in view of one of the City's main roadway.
rage 1 va
Todd Peetz
From: John Cunningham [Cunningham@ccvfd.org]
Sent: Tuesday, May 23, 2006 9:29 AM
To: Todd Peetz
Subject: Re: Special Exception 06-04 (outside storage)
We have reviewed the special exception and have no comment at this time.
6/7/2006
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: June 1, 2006
1F,� y
7 f'y
r
RE: Special Exception 06-04
AB Nasajpour
The Public Works Department has reviewed the above stated project and has a
concern about having outside storage in view of one of the City's main roadway.
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: May 18, 2006
RE: Special Exception 06-04
AB Nasajpour
The Public Works Department has reviewed the above stated project and has a
concern about having outside storage in view of one of the City's main roadway.
Additional comments will be made during the site plan review.
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Planning & Zoning Board
Meeting Minutes
July 12, 2006
Page 3
DRAPT
Motion by Lamar Russell, seconded by Donald Dunn, to withdraw the previous motion
and remove the discussion item from the next meeting agenda. Vote on the motion
carried by a (4) to (1) majority vote, with members voting as follows: Donald Dunn, for;
John Fredrickson, against; Bea McNeely, for; Harry Pearson, for; and Lamar Russell,
for.
3. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 06-04 to Allow Outside Storage of Recreational Vehicles, Trailers and
Trailerable Items in the C-2 Zoning District, Section 15, Township 24 South,
Ranqe 37 East, West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad
and Abulqhasem Nasajpour, Petitioners.
Todd Peetz, City Planner, advised that this agenda item was postponed at the last
meeting, for additional information. He described the property location, and verified that
the additional information requested by the Board was received. He read the checklist
for the record. The Board members reviewed the submitted landscape and screening
plan.
Chairperson McNeely commented that some of the existing outside storage facilities in
the city was unlovely. She requested the applicant provide a list of how many plants
would be planted, what kind of plants, and how many. John Fredrickson questioned if
the city planned to install sidewalks along the property. The Honorable Mayor Randels
responded that the area was not part of the planned sidewalks. He commented that the
boat storage facility would not be placed in the setback anyhow. Vice Chairperson
Russell pointed out that outside storage facilities have buffering requirements all the way
around the area (on all sides). Todd Peetz, City Planner, read the buffering
requirements for the record, and noted that the fence along the road right of way could
not exceed 4 ft. in height. Mr. Nasajpour, the Petitioner, commented that there is a
need for boat storage. He advised that a 6 ft. high chain link fence will be installed on
the east side, and a 4 ft. high chain link fence on the road frontage and along the sides
that are within the 25 ft. setback; and two drive thru gates would also be installed. The
Board members reviewed and discussed the placement of the two proposed gates. Mr.
Botts, the potential lessee, outlined from a resubmitted drawing, the various areas where
Oak and Palm Trees would be planted; the lighting plan; placement of the gates and
fencing; number of parking spaces and how they would be marked; and access points.
He verified that there would be 54 or 55 parking spaces, no on site maintenance, and no
fish cleaning. Discussion followed. The Assistant City Attorney verified that there is
sufficient representation of the property area for this request.
City of Cape Canaveral
FILE COPY
Date: August 4, 2006
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Earl McMillin, Chairperson, Board of Adjustment
Re: Recommendation to City Council Regarding Appointment of a
1st Alternate Board Member
Jack Childs
The Board of Adjustment interviewed applicant Jack Childs to fill the 1st Alternate
Board member opening at the meeting held on July 31, 2006.
The Board unanimously recommended that City Council appoint Jack Childs as
the 1st Alternate.
Please schedule this member appointment on an upcoming meeting agenda.
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
Lic'_uu6 iyj)c. DVG1Uvi
Adjustment Meeting
Meeting Date: 7/31/06
AGENDA
Heading
Interview
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
Item
No.
#2
SUBJECT: Interview with Mr. Jack C. Childs, who desires to be appointed to the Board of
Adjustment.
DEPT./DIVISION: Building Department
Requested Action:
Interview and Recommend to the City Council as whether Jack C. Childs is a potential candidate to sit on the Board of Adjustment.
Summary Explanation & Background:
Jack C. Childs is a resident of the City.
number 1 choice.
Mr. Childs has stated that he would like to volunteer to sit on the Board of Adjust as his
Exhibits Attached: Application
City Planner's Office
Department: Building Department
CITY OF CAPE CANAVERAL
'OINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
cant to Section 2-171, Cape Canaveral Code
e and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL jI /
1. Applicant Name: j (-' (� C C /7 / 27
2. Home Address:
f� loO 9/ ,)V3 ? / c
3. Home Telephone: ,502( 79, (y 7e
4. Occupation:
5. Business Telephone: ;0/ (
/Ice- h'o,vii e
6. Business Address: X ? CO ) C/"O? U % • 1,1/4.
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) ° (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
m 7(N)
(Y) (N)
3b. If yes to 3a, have your civil rights been restored? (Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
(Y) (N)
4b. If yes to 4a, please list each:
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage?
6b. If yes to 6a, please provide name(s) of person(s),nd relationship to you:
,VA.
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. Briefly state any prior experiences in serving on any govemmental board or committee:
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee:
C'L� V �`l4Pi�l���7 Ycf
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
a. e2 Beautification Board
b. / Board of Adjustment*
c. Business and Cultural Development Board
d. Code Enforcement Board*
e. 3 Community Appearance Board*
f. Construction Board of Adjustment and Appeals*
g. Library Board
h. Planning and Zoning Board*
i. Recreation Board
j. Other.
*Members of these boards are required to complete and Tile with the Supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year
following the initial appointment while still a member of said board.
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE
GENDER
DISABILITY
Male
Female
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
African -American
Asian -American
Hispanic -American
Native American
Caucasian
Not Known
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at (321) 863-1221.
Signature:
Date:
Please retum to:
City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
July 31, 2006
Abulghasem Nasajpour
Ahmad Nasajpour
200 W. Central Boulevard
Cape Canaveral, FL 32920
RE: Special Exception Request No. 06-04 to Allow Outside Storage of
Recreational Vehicles, Trailers and Trailerable Items in the C-2 Zoning
District, Section 15, Township 24 South, Range 37 East, West Portion of
Parcel 760, (200 W. Central Boulevard) - Abulghasem Nasajpour and
Ahmad Nasajpour
Dear Property Owner/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 31 st day of
July, 2006.
Based on the testimony and information provided the Board of Adjustment has
granted your request with the following conditions:
• Security fence on all sides.
• Screening on all sides composed of greenery on the outside of the
fence.
• All vehicles shall have affixed thereto a currently valid license tag
registered to the vehicle.
• All boats shall be on licensed movable trailers.
• Lighting shall meet all code requirements.
• All parking places shall be designated with lasting markers.
• The number of parking spaces is limited to 54 and must meet all
code requirements.
• Maintenance and repair is prohibited.
7
Board of Adjustment
Board Order
Special Exception Request No. 06-04
July 31, 2006
Page 2
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,
Earl McMillin
Chairperson
Board of Adjustment
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00
pn
ea
Z4
mm
4
0
91ZL000-93
DRAWING NO:
C-4
SHEET 5 OF
p
CHECKED BY:
DRAWN BY: L
DESIGNED BY:
FILE NO:
D:\DWG\2006-0E
PROJECT NO:
2006-G
1
m
400 IMPS
IMPERIAL BLVD. CAPE CAN
LANDSCAPE