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HomeMy WebLinkAbout03-14-2005 Agenda PacketCity of Cape Canaveral BOARD OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE MARCH 14, 2005 7:30 P.M. Call to Order Roll Call NEW BUSINESS: 1. Motion to Approve the Meeting Minutes of November 8, 2004. 2. Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, (192 Center Street) - Ron Abeles, Petitioner. 3. Special Exception Request No. 05-01 to Allow Residential Use in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. 4. Election of Chairperson and Vice Chairperson. 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 Polio Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cd.rtcom City of Cape Canaveral Board of Adjustment Meeting Minutes November 8, 2004 A Meeting of the City of Cape Canaveral Board of Adjustment was held on November 8, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. A moment of silence was observed in memory of Board Member Ronnie Farmer, who passed away since the last meeting. MEMBERS PRESENT: Marilyn Rigerman Robert Laws Connie McKone Paula Collins MEMBERS ABSENT: Earl McMillin OTHERS PRESENT:" Susan Chapman Todd Peetz Jeff Buak Bea McNeely Leo Nicholas Todd Morley Duree Alexander Chairperson Vice Chairperson Board Secretary City Planner Assistant City Attorney Ex-Officio Member Planning & Zoning Board Member Building Official Code Enforcement Officer All persons giving testimony were sworn in by Jeff Buak, Assistant to the City Attorney. Chairperson Rigerman congratulated Paula Collins for being appointed as a regular member to the Board. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of April 12, 2004. Motion by Mr. Laws, seconded by Ms. Collins to approve the meeting minutes of April 12, 2004. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes November 8, 2004 Page 2 2. Motion Re: Time Extension for Special Exception No. 03-02 - Portside Villas - Richard Bierv, V.P., Larcon Corporation. Chairperson Rigerman noted that Portside Villas was currently under construction. Motion by Mr. Laws, seconded by Ms. McKone to grant the time extension request for 12 months. Vote on the motion carried unanimously. 3. Recommendation to Board of Adjustments Re: Variance Request No. 04-02 to Allow an Existing Pool Screen Enclosure to Remain in the Required 8 ft. Side Setback by 3.61 ft. on the East Side, Section 14, Township 24 South, Range 37 East, Lot 4, (306 Lindsey Court), Atlantis Subdivision - Ronald and Patricia Scott, Petitioners. Ms. McKone advised that she was one of the owners notified by mail of the request. Mr. Scott, Petitioner requested the Board to allow the pool enclosure. He testified that he had the support of all his neighbors; the townhouse was constructed in 1990; the pool was built in 1999; he and his wife purchased the house in December 7, 2001; they had purchased the house because of the Blue Marlin pool; they signed a contract with affordable screening in March, 2002; they understood that the contractor had received verbal approval from the building department for the enclosure in April, 2002; in April, 2004, they received a letter from the Building department advising that their permit had expired; they met with the Building department and learned that the enclosure did not meet the side setback requirement; they had another survey company perform a new survey in May, 2004 and verified that the screen enclosure was off 3.61 ft. in the required setback; the Building Official suggested that they apply for a Variance; costs incurred for this request has exceeded $1,600; the enclosure provides a double safety barrier from the children in the neighborhood; moving the enclosure would create a hardship on his family due to health conditions of his wife and her sister. Mr. Scott submitted photographs of the enclosure. Code Enforcement Officer, Duree Alexander gave an overview of the history of the request, including timelines, and exhibits. She voiced her opinion that this request was a result of a lot of confusion between staff and the screen enclosure company. Discussion followed. Building Official, Todd Morley testified that when someone applies for a pool permit, the applicant is required to also apply for a pool barrier permit at the same time; the contractor relied on verbal approvals even though they knew that the permit was not issued at the time they installed the enclosure. He advised that permits must be posted on -site during the entire time of construction and must be made available at time of inspection. He explained that plan reviews are normally performed within one -month from the time the permit application is received; the review comments are normally faxed to the contractor or the contractor is notified by phone. Mr. Morley advised that he supported the Variance request, which would not set a precedence. He voiced his opinion that this request is a result of an unfortunate event of circumstances. Board of Adjustment Meeting Minutes November 8, 2004 Page 3 Carol Oates, Representative for Affordable Screening, testified that she was involved in the permitting process; she had prepared the permit application; several attempts were made over a years' time to obtain the permit, but no one clarified exactly what information was needed for the permit; the submitted survey showed the pool and a drawing showed where the pool enclosure would be located; the contractor understood that they did not have a permit, but the Building Official had assured them that they would have a permit. Chairperson Rigerman pointed -out that no dimensions were shown on the survey as to the placement of the enclosure. Mrs. Scott testified that Affordable Screening was recommended by Blue Marlin Pools; they were told by Blue Marlin Pool Company that the footings were already in place for an enclosure; she told Affordable Screening that she did not want the work started until after the permit was approved; they were told by Affordable Screening that the permit was issued; it took the contractor one day to install the enclosure; she was told by Tom Bubb of the Building Department and Affordable Screening that the setback was only 5 ft.; and they did not know that the permit was not issued at the time of installation. Mr. Lavoie, 308 Lindsey Court advised that he wrote a letter to the City stating he is in favor of the screen enclosure because it gives a second safety barrier for his 8 year old son and the other children in the neighborhood. Following discussion, Assistant City Attorney, Jeff Buak advised that this is a unique and peculiar request with special conditions surrounding this case. He agreed that there would be no precedence set with approval of the Variance; and the City Attorney's office supports the recommendations of the Planning & Zoning Board. He explained that if the Board denied the request, the structure would need to be reconstructed, creating further financial hardship on the property owner, along with life and safety hazards that the screen enclosure now protects. He explained that this hardship is not self-imposed by the property owners, because they believed a permit had been issued; and there is testimony that supports unfortunate circumstances that were created by others. The Board members reviewed the city code criteria for considering a variance, and the recommendations of the Planning & Zoning Board. Bea McNeely, Chairperson of the Planning & Zoning Board verified that the Board of Adjustment heard the exact same testimony as the Planning & Zoning Board. Brief discussion followed. Motion by Mr. Laws, seconded by Ms. McKone to Approve Variance Request 04-02 according to the recommendations of the Planning & Zoning Board as follows: • The applicant acted in good faith that the contractor had a building permit. The contractor repeatedly asked for the building permit and the Building department assured the contractor that the building permit would be issued. The contractor proceeded to build in good faith thinking the building permit would be forthcoming, although it was never issued. • The Building code would require removal of the enclosure. Other landowners would not be wronged or effected because this applicant relied on a contractor who also relied/acted on Building department assurances. Board of Adjustment Meeting Minutes November 8, 2004 Page 4 • Circumstances did not result from actions of the property owner. • The applicants petition addresses a grievance caused by miscommunications between the contractor and Building department. Other property owners were not faced with this set of circumstances and, therefore, no special privilege is conferred upon the applicant of the Variance. The property owner had no knowledge of the code violation. • Reasons set forth justify the variance is the minimum possible encroachment, which leaves the structure useable. • Leaving the structure unaltered would better serve the neighborhood if left unaltered and thus presents a more compatible appearance. Vote on the motion carried unanimously. 4. Special Exception Request No. 04-03 to Allow Rental, Sales, and Outside Display of Scooters, (6103 N. Atlantic Avenue, Suite F) - Section 26, Township 24 South, Range 37 East, parcels 22 & 23, Banana River Estates Subdivision - Norman Weaver, Designated Agent. Norman Weaver, owner of Beachside Scooters testified that his business was located next to the new ReMax real estate office at the Coral Shoppes. He explained that the scooters are moped type, and run on gasoline; he was requesting a special exception to display the scooters outside on only one parking space, and to rent scooters. Todd Peetz, City Planner clarified that the code requires a special exception for both uses. The Board members reviewed the exhibits. Discussion followed regarding the number of parking spaces. Mr. Peetz, City Planner advised that the Planning & Zoning Board would be entertaining an ordinance at the next meeting regarding Section 110-566 to accurately reflect small motor vehicles. Chairperson Rigerman advised that the applicant will need a notarized consent from the property owner to the applicant to request the Special Exception. Assistant City Attorney, Jeff Buak suggested that the Board consider tabling the portion of the request regarding scooter rentals until after the adoption of the ordinance. The Board members reviewed the criteria worksheet and noted that the special exception would run with the use. Motion by Ms. Rigerman, seconded by Mr. Laws to approve Special Exception Request No. 04-03 for scooter sales and outside display, with the condition that the City receive a Power of Attorney giving the notarized consent from the property owner to the applicant to request the Special Exception. The request for the rental of the scooters is postponed until City Council amends Section 110-566 of the City Code of Ordinances. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes November 8, 2004 Page 5 There being no further business the meeting was adjourned at 9:28 p.m. Approved this day of , 2004. Marilyn Rigerman, Chairperson Susan Chapman, Board Secretary Building Department Dr ebal b h4' (Please Print Legibly or Type) �� -,,� _ (�,� `1 �,i� lam' ll �_ DATE FILED (2--I '-Cj FEE PAIDId50 rCO DEPOSIT • irc( RECV'D BY: SAS - ,err► all Mat_ CcIreSf ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) �EQL1,f ST �XC 1�i t v-kA Oa-IS1 lF..5toO eE NI) Address of request (if applicable) V\ 1 etWEIL, % _FT) CPR c M L- r J 3 ai Legal Description: LotNI2l.1 h Bc:ITH 1ockNIParcel E-3 Subdvl.Otilf� l_tivL l�I�+'ty S1��j Section v Township Vi\k r-i .Range 3-1 L f's"j tzfs.^ STATEMENT OF FACT: State of Florida, County of Brevard; I RON {k • being duly sworn, depose and say that: I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): ( �1TL j L1 Address: ot �� 1 C.i`E\ CAN i�V z.RI, ?�3a►�O Home Phone 1 --1MVork Phone 0 W- 11O E-Mails a01, ' i AA-Qb • Applicant(s) Names(s): Ot Q U J -iNkM r_ ,-p C1 Address: S \ a 14) ON � �.i� �- rl� � )(9- ,O`er Home Phone1�� O`t3Work Phoneag1fr 1Wk E-Mail bWal I All information, sketches a ,contained and made part of this request, are honest and belief. Signature of Applicant 'bed before me on this ;q0 day of - - t Vough =. Commission #DD187583 Notary Pub , State Florida R.. Fycpires: fcb 24, 2007 �• = Bonded'i-hru The completed request form and the $Z�Alig�c�at+slicfil@�d 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 ) ,20v,,• 2 FS,:omr 1 2zZ, 61 ril-G*1317 City of Cape Canaveral APPLICATION FOR SPECIAL 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 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) 868-1222. DATE: 1. NAME OF APPLICANT(S) R-SV C C \1 , U _0 • R ONA(6 I . ! r ADDRESS (if assigned) 1I (' • I ti4_0 -K-- J PHONE # V=1 — (lp1D FAX #, j,1-�1�3' -MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: M I P. BLOCK: 1.1 list SUBDIVISION: LO U\ U Nb3klid t\iErLASIT PARCEL: E 'J SIZE OF SUBJECT PROPERTY IN ACRES: 01 P\C-g SECTION: ai;,9) TOWNSHIP 4,14 RANGE 30NA. v i , iNiLa&C DESCRIPTION:CI,�'f` D . �iG VA F ©� . relLAS • 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2)C':}ki�1�1C-11n-ZpNi % b 1 V tSOM (sz%Q- 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) ,/ 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1,(C-2,)R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE 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. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably (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 NOTE: 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 ifnecessary): �eG6iPf ccfa.1„7(-c(71 'O,i �U/' c.2--�,fit/e)- Sorg e _ 0 • 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid recei • t from Finance De • artment for (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 and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets 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: This information was obtained from: C l iL O Ofl UZTS y- A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. 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. i\N 8. Copy of recorded deed to subject property. ✓ 9. Completed worksheet. 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. • NO1'h: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 ..i1 1 yr L.ru L �P11NC1 V E1tt1L SPECIAL EXCEPTION 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; 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. Q 2) Will the Special Exception create any unusual police, fire or emergency services? NIO 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.? 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? PROC) I, ttTS Aeove, ��1\lb REOW RE F-t TS 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? 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? �.S 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? 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? 7 9) Is there adequate refuse and service areas? 10) Do the setbacks, landscaping, and open space met the requirements of the koze- 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? 12) Is the Special Exception 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? 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? )tS 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? NO 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? 8 ft.N CON Cu.kKLELl-tl,i, WfTiA THE PVCFEFILS- COO § 110-382 CAPE CANAVERAL CODE .10-334 pro a. b. (9) NI at or to a. b (10) In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commer- cial manufacturing character of the district, are permitted. (Ord. No. 4-99, § 1, 7-6-99) Sec. 110-383. Special exceptions permissi- ble by the board of adjust- ment. (a) In the C-2 commercial/manufacturing dis- trict, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The board of adjustment may adjust set- backs and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, pro- vided that all outside display of merchan- dise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equip- ment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. 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. These vehicles shall be with an enclosed area and not be visible=- from outside the property. ingress an . egress points to abut ting streets shall be marked clearly'! and placed not closer than 30 feet;`:; e. Ingress and egress points shall note::.t be placed so as to endanger pedes.. trian traf .c. 7. Commercial establishments for the stor- age of parking recreational vehicles, trail- ers 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 walk,:3 fences or hedges. c. Walls, fences and hedges must com- ply with all city rules and regula' tions and must be kept in good cone- dition, so as to ensure obstruction. from view. 8. Public utility equipment: Uses and rights of -way essential to serve the neighbor hood in which it is located. 9. Theaters, drive-in theaters, photographic'_ studios, bookstores and dance studios, un' less such uses fall within the scope and restrictions of section 10-86, et seq. 10. Carwashes, including polishing and sa of related materials. 11. Mini -storage and storage warehouses: 12. Commercial establishments which sue" dispense, serve or store alcoholic bevel" ages or which permit the consumption Ot alcoholic beverages on their premises si ject to section 110-171. (Ord. No. 4-99, § 1, 7-6-99) Supp. No. 7 CD110:46.2 RADIUS MAP I J L IH IL IACNRON AY r CARVER ST R J .l HITCHING POST RD RITCNR AV Ca OA PALM AV SACO CIR CAPI MOM CM RATTAN AV SA L AV AY V - ,.COCOA PALMS AV HARR@RI IT TYLER AV POLN AV TAYCOR AV Mums Av PIECE AV BUCHANAN AY LINCOLN AV JOHNSON AT GRANT AV HAY® AY GARPIm AV II I j III APPLICANT NAMES)/ADDRESS: RON ABELES OWNER NAME(S)/ADDRESS: Brevard County Property Appraiser. Jim Ford BUFFER DISTANCE 500 FEET Based an data from the Property Appraiser's Office YAP SCALE IS L•0000 (one inch = 500 feet) This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Property Appraiser does nal assume responsibility for errors or omissions contained hereon Produced by: Brevard County Property Appraisers Office — GIS, November 30, 2004 LEGEND Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list mj.N 102-rona500 rona500-1.cmp (c1 Received: 12/30/04 2:26PM; 321 783 1729 -> MILLER, LEGG, & ASSOC., Irvo., Dec 30 04 02:17p FLIRT CATALOG 321 783 1729 raga c p.2 ss1Fr ,J Iofqj Cecp.Sf' S &\\\\\\\\\\\\\\ \TT vr- IV -II V I A! 347' .rJE arr i 4v0-4411.14, w .126= T • el c BELT EBL TEE • 0 or, orfan‘sys sr- ... - --- ---- 7 • JdLg 4., colla CO= A sag 4V —lah& ors0 Das 'or Was wrap° ozzavnaro A,w.op 90-11:11EI3 121 I -Id e6ed ='ONI ''OOSSV V 'OE1 '1:1311INI <- 6ZGL SEIL LZO s• 4_1 asesater DANZ o.i o dEt.:20 *0 OE 017 0 a a =11.11-9:Z 170/0C/ZL :penteoeu 1.1 OFF 6' C reicr 0882 .81,6".89 S 0.1 OFF 6 CL. MKT 39.87 N 884819" W • co o. co N REC. N & D 61'01fr .172,80.99 N 0.3 ON 257.36 Z9 7.4 I A . 61,9*.99 N 387141 T a RADIUS MAP I IrJ nInInI ACME AT ISM sag/la AMTLA in A CARVER AT a HITCHING POST RO RITCHIE AV CRTIT I m COCOA PALMS AY COCOA PALLS LY SACO C1R' cAPI SNORES Cat RATTAN AY AADAL AY LUYA AY )IARRRCRI VTIEft AY POLK AY ATTAR AY FILLMORE kV PINCE AY OUCNINAN AY UNCOI.a AY TORISIOR AY CHART AY NAYRS AY CARPIRLR AY APPLICANT NAME(S)/ADDRESS: RON ABELES OVER NAMES)/ADDRESS: Brevard County Property Appraiser. Jim Ford BUFFER DISTANCE 500 FEET Based on data from the Property Appraiser's Office MAP SCALE IS L0000 (one inch = 500 feet) This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Property Appraiser does not assume responsitriliiy for errors or ommissions contained hereon Produced by: Brevard County Property Appraisers Office — GIS, November 30, 2004 INI N LEGEND: Notification buffer Parcel/lot boun Numbers on map correspond to mailing list Ploj.0102 -rona500 mna500-I.anp Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2005010... 1/4/2005 Page 1 of 1 SET I.R. 1.1 OFF 8" C FENCE 96 62 .T 9.1. S 0.1 OPT CL. FEN 39.87 N 8848'19 W REC N & D CI"OP A .92,20.99 Ar 0.3 ON 257.38 <r- -- .▪ 7, CZ I rnb 4t1 CZ Ct. C L PENCE', 56.1 ASPHALT DRivE - OLS 'SCAT 71-0,0 MAI sr west 7 *.j.J .01 tcj A 7, 7 'a Z9'2.21 A .61, 61..99 N 22'1M DECEMBER 6, 2004 NOTICE OF PUBLIC HEARING O THE ADJACENT PROPERTY OWNER(S): Notice is hereby given by the City of Cape Canaveral, that RJT Center, LLC. Ronald A. Abeles, 192 Center Street, Cape Canaveral, FL, has requested a Special Exception for Outside Storaae of Recreational Vehicles. Trailers and Mailable Items in the the C-2 Zonino District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Chapter 110 Zoning, Section 110-383(C)7 for the property described as follows_ Legal Description: Section 23, Township 24 South, Range 37 East, Parcel E-3, (192 Center Street) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve 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, January 12, 2005, 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 Adjustments with respect to the above -named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property you are cordially invited to attend this meeting and provide comment on the proposed requested land use change. If a person decides to appeal any decision made by the Plannrmg and Zoning Board wdh respect to any matter considered at this meeting, that person will need a record of the proceedings, and forsuch purpose that person may need to ensure that a verbahn record of the p►oc eedrrgs is made, which !scold hrdudes the testimony and evidence upon which the appear is to be based. This notice does not constitute consent by the Oily for the introduction or admission into evidence of athevwise inadmissible orinelevant evidence, nor does it authorize challenges or appeals not otherwise slowed by law. Persons with dsabi s needing assistance to participate in any of these proceedvugs should contact the C Ny Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk 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 l 00 0 0 0 0 0 N b O O O r M O N 0 0 0 M 0 00 NN NNNI� N N UIONNNU O O NNN N M N NN T 01 rl Q1 A I(1 O1 01 O1 O1 01 01 O1 O1 0l Q1 T O1 O1 MN N N N N N N NHNNNNNNNNN N N N N N M M M M M M b M M M M M M M M M M M M M .i M M H M H M M H1-1H H H H mb H Ori lfl a M M M 2 a m M o P1 �7 a r� o O1 a M O M Ifl a w b7 a a a a a a a f�1 a a M a M a 0Ol01 W 01 0N0 W H too m W M010 W i4W W W W W W W N W O W N W 0 4 W N N N N 01 N N 01 3 m O N m N 01 M M7 M1a� MmmMMM M M,a] �M7M CO ,�ea774 ,�eas71 .oza] .pey7�t W 1e.°i H , U31 W 85_ W W 4Eo_lm8 ali twf Hl ip.11 i'.'1 ' .ad aaali , w�c�lli H 4 „did 1 ry88Eww8.. 848 wmym.g za�gwg gwgBY,�° wya�wgwH° gw gwc� c�"Now8mm 888888wm8 8 228 o2BR2wsa€ic72NBmP1212'4 m di 4 4 00 F m 2TAH E4 00 0 4 0 ."l. ** N M E H M rryc� a p9 M 44 O N 0 0 01 0 0 q m o M O Q . 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Strawbridge Ave, Ste 100 Melbourne, FL 32901 File No. 04070072 « 111ILlL.1 I >IILrot, This Warranty Deed made this 26th day of October, 2004, by TECH -VEST, INC., a Delaware Corporation (hereinafter called the "Grantor"), whose post office address is Florida Limited Liability Company whose post office address RO Bald Cypress Court,., ourt, a Longwood, FL 32779 (hereinafter called the "Grantee"). (Whenever used herein the terms "Grantor" and "Grantee" include all the to of individuals, and the successors and assi s of co partiesthis instrument and the heirs,legal representatives and assigns Bo rporatioaa) WITNESSETH: That said Grantor, for and in consideration of the sum of $10.00 Dollars, and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in BrevardCounty, Florida, viz: See attached exhibit "A" SUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 2002. TOGE 1'M R with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple, that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002, reservations, restrictions and easements of record, if any. (The terms "Grantor" and "Grantee" herein shall be construed to include all genders and singular or plural as the context indicates.) IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNED, SEAL ND DELIVERED TECH -VEST, INC. a Delaware Corporation witness Signature 135NFIBHFAMPa CLAUDIA SCHELLINGER LINDA . MARTIN Witness Printed Name: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 26th d of OCTOBER, 2004, by EDWARD L. HRADESKY, President of TECH-VE T a IJawa Corporation, on behalf of said corporation, who is personally known My Commission Expires: Serial Number: CIAUDIASCHEWNGER i�'t fig4 , MY COMMISSION 11 DD 12726E EXPIRES: June 19, 2006 '�; j��•g� tweed 0vuNotary Public Uedeardef5 Notary Public Printed Name: 104 W ' F, q q� qo tC ��E, 44 ohW 4' o CS°C���r�W Woo 0 00. W��� tia0-3 A O : Ems, t� W � � � r4 � q 0 '' a W ��o�64Eq . oVN 6.60 o E,� . 44 c Q co c,���� V b• W rWyo WCn., •'ti,)°Wj14.° tip; vtf) tn DI. 0 , o bS'-o41ovo oo W ° w0eWWo44 NCwi[v tiy'• tEs, t.,`°IDQCWi °o ff q=. • :401• w4o0.`W44 . Goy. W-,m E, = o o �W off: :,� V oE-. C)- ;,yczFW, Wow v 0 p 4. 4410E tG.c 4.. q �8C-4 4.1 0 Wo�,gW� 0ryv N�44 ti V�o v �� ti 0. 0 1t°i. D4v�P Wow ¶ 4W'ri w ��0 ` 4' 4 � quo W u$\1 QVE1,110.c4i2e4L:1 al FW41 Z1W��gqczb ~�4�° Vw�� �'04 '~ ' 5.�5oo'4 Woqv v o( o Cq W o4�,Qq c1kE,� q.41v� `q�t� ��o �w�"'W o��w Eo.WggE E, oi Gl �,�t~4.°tip W � GI �° �wEW.. O ti O N �4, °W� 6 N ~'~ Eti E., W .., W 44 E-, h g ti W QD h aeri o����rWN�� WoWti o`�owmW. LI446,R oVo 4'ONF,� oVW LIgti6,W01 cs q WoWL3rwti4. q ti4. ti= N W��� W o �, r„7 q q m tiWaC1L ti --to CITY OF CAPE CANAVERAL _SPECIAI` XCEPTiQN�_ 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 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. This review by staff pertains to the approximate northern 100'x200' feet and northwester 60'x200' feet of the property boundary as provided by the applicant. At total approximate area of the outside storage is 32,000 square feet. The approximate number of vehicles intended to be stored are 30-35 vehicles per the applicant's comments. The intent of the special exception is not for the entire property, but in the north and northwest portion of the property. At this time it does not appear that the special exception would create an adverse impact to the above requirements. 2) Will the Special Exception create any unusual police, fire or emergency services? The fire department raised a concern about emergency service access. There were questions raised about how the vehicles would be parked and the internal circulation of the site. This issue is to be resolved with an improved drawing (pending) of the site. 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.? The lot should be able to accommodate the boats and RVs. The view from Center Street should be obscured. The setback requirements are not specifically identified for boats and RVs in the C-1 zone unless in the right of way or on a corner in the visibility triangle, this is not the case. The western portion of this request will abut the residential Solana on the River project. A landscape screening is already planned by the residential development. A fence is in place along the northern boundary of the property abutting another commercial use. It should be noted that vehicles need to be currently registered and in a movable condition to be in keeping with the City Code referenced below: L)`5 Section 110-334 (11) Commercial establishments for the storage or parking of Recreational vehu les.�'ratlers and trailerabl items. nrrmided it melts the ollowin minimum: a. Minimum Lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either Walls, Fence or Hedges. c. Walls, Fence and Hedges must comply with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view. Section 110-551 d. All vehicles herein permitted shall have affixed thereto a currently valid license tag registered to the vehicle, shall be parked or stored with wheels and tires mounted, and shall be maintained in a movable condition. 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? As mentioned the fire department has a concern with access and circulation which has not been truly identified by the applicant. The applicant believes that two access points can be created to the site that would meet the fire departments requirements for access and create internal circulation necessary for emergency services. This can be demonstrated with submission of a drawing (pending) of the project area. 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? Based upon the pre-existing office and warehouse use it would appear that adequate off-street parking is available. However, complete parking information has not been submitted by the applicant. The additional use of outside storage as portrayed should not generate additional noise, glare and or odors. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. There is an existing pump station on the southwest portion of the property. In order to create an access point at this location, a minimum of 20 feet of separation needs to be created or dedicated for ingress and egress. 2 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining_properrties? included with the application. 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? Being an existing warehouse and commercial building, it does not appear that at this time the proposed use would worsen existing conditions or create disharmonies with the adjoining properties. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be curb side pick up service. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? As a pre-existing commercial/industrial site, the project appears to meet setbacks and open space requirements. Landscaping may need to be enhanced to obscure view from Solana on the River. 11) Is the proposed use compatible with surrounding uses in its function, its ours 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? Most of the site is a pre-existing use, there should be no additional impacts with traffic, structure size and setbacks. Compatibility with Solana on the River is debatable; however, buffering from the residential use is being created and the commercial warehousing type of uses pre -date the residential development. Additional buffering by the applicant may be necessary. 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? This special exception request can meet the requirements for this zoning district found in the land development code. 3 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will 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. 16) Should the. Special Exception be specifically granted to the petitioner or run concurrently with the property? 4 If approved, then the special exception with conditions should run concurrently with the use of the property. If the property converted to another type of use and the existing uses do not exist, then the special exception should no longer exist. BUILDING OFFICIAL OR DESIGNEE REVIEW Zoning_ -Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West C2 C2 C2 R3 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 SUBJECT CODE SECT. APPLICABLE PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. 110-491 NA 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: 7i$ `Rt .!" Z Signature: 5 01 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 31, 2005 RE: Special Exception Outside Storage of Recreational Vehicles I have reviewed the submittal of the special exception review for the above referenced project. My comments are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. MEMORANDUM To: Building Department Susan Chapman From: John J. Cunningham, Asst. Fire Chief Re: Special Exception 04-04 (Outside Storage) 192 Center Street Date: 01-13-2005 I have received all the information needed for the special exception, at this time I have no issues with it.' Station #i 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4777 • FAX: (321) 783-5398 Station#2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4424 • FAX: (321) 783-4887 TO: Building Official = D14-- Todd Morley, CBO TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 6, 2004 RE: Special Exception Request No 04-04 Outside Storage of RV and Trailers Parcel E.3 The Public Works Department has reviewed the special exception request and does not have any comments or concerns. CCU FROM :CITY OF CAPE CANAVERAL FAX NO. : 321 868 1247 Jan. 03 2005 02:57PM P1 ZONING BOARD OF ADIUSIMENT TDINGS OF FACT CONCLUSION OF LAW ORDER REQUEST NUMBER: 98-01 RE: Special Exception Request No. 98-01 to Allow Outside Storage on Existing Paved Parking Area (Behind 190 Center Street), Section 23, Township 24 South, Range 37 East - Petitioner, Thomas W. Zaccaro, Agent for Tech Vest, Inc., Property Owner. The Zoning Board of Adjustment of the City of Cape Canaveral has heard information pertaining to the request at the Zoning Board of Adjustment meeting held the 11th day of May,1998. And based on the information provided, the Zoning Board of Adjustment has entered the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER FINDINGS OF FACT Tech -Vest, Inc. is the owner of the real property described in the Petition. The property is located in the M-1 zoning district classification and is subject to the Land Development Regulations pertaining to said district The granting of this special exception request will not adversely affect the public interest, in that;, the request complies with the city code of ordinances. This special exception is consistent with the goals, objectives and policies of the Comprehensive Plan; is consistent with the intent of the M-1 zoning district; this request does not create any adverse impacts 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 for a principal use permitted in the M-1 zoning district; no unusual police, fire or emergency services wi`Il be required; all the requirements of the zoning district are met with this special exception. CONCLUSION OF LAW That the Zoning Board of Adjustment has lawful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110-354 of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. 105 POLK AVENUE • POST OFFICE BOX 328 • CAPE cANAVERAL, FL 22920.0326 TELEPHONE 1407) 868-1200 • FAX (407) 788.3170 Received: 1/ 3/05 4:11PM; 321 868 1247 -> MILLER, LEGG, & ASSOC., INC.; Page 2 FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 Jan. 03 2005 02:57PM P2 Fin • o Fact Conclusion of Law Order Special Exception Request No. 98-01 May 11, 1998 Page 2 ORDER Tech -Vest, Inc. is granted the special exception with the following limitations, restrictions and conditions: 1. . The special exception shall be effective only for the current tenant (Chematics of the South). 2. The fence screening shall be properly maintained. Should there be a violation to any part of this Order, the special exception is subject to revocation according to the City Code. DONE AND ORDERED on this 11th day of Mu, 1998 at the City of Cape Canaveral, Brevard County, Florida. BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL Ann Thurm Chairperson I hereby certify that a true and correct copy of this document has been furnished to the petitioner(s) on this 11th day of May, 1998. 8 �~��,r► 14... Cja) Susan L. Chapman Board Secretary Planning & Zoning Board Meeting Minutes January 12, 2005 Paged =,_- _ Resident, Evelyn Tentabone questioned the location of this facility. Craig Smith explained the location. She questioned if there were plans to upgrade N. Atlantic Avenue. Craig Smith responded that this revision had no impact on traffic. Discussion was held regarding control and ownership of Shorewood Drive. Craig Smith advised that Coastal Fuels was not contacted or questioned by Dude Braselton about access on Shorewood Drive. He advised that Coastal Fuels owns the property which abuts Mr. Braselton's property and Coastal Fuels owns a portion of Shorewood Drive. Discussion followed. City Attorney Garganese advised that the City may have recourse regarding false testimony given by Mr. Braselton. The Board members requested City staff to provide a verbatim record of the Oak Park site plan proceedings. Motion by Lamar Russell, seconded by Mr. Nicholas to approve the revised site plan for Coastal Fuels with the following conditions: • Exhibit A shall be part of this revised site plan. • Provide City Engineer with reports from regulatory agencies, as requested. • Cooperate with Public Works Director for landscaping improvements along N. Atlantic Avenue. Vote on the motion carried unanimously. 3. Recommendation Re: Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, (192 Center Street) - Ron Abeles, Petitioner. Todd Peetz, City Planner gave an overview of the request, and outlined the exhibits contained within the submittal. He advised that the City staff has concerns regarding access for emergency vehicles, and parking. Mr. Peetz respectfully requested that this item be postponed until additional information is received from the applicant regarding access, and parking. Discussion followed. Ron Abeles, Petitioner testified that he owned the property; all vehicles located on the property would be operable, licensed, and tagged; it would not be a junk yard; the property will serve the residents of the City to store recreational vehicles and boats; there will be no repairs of vehicles, only storage; the property is buffered on all sides, and zoned C-2; there is ample turning radius on the two acre parcel for emergency access; there exists three access points on this property. Mr. Abeles explained the property location from the exhibits, along with surrounding properties. Discussion followed. Following discussion, the Board requested a total layout of the property, including existing uses of surrounding properties. Evelyn Tentabone, owner at Solana on the River, commented that the proposed City park at the end of Center Street would have no boat ramps; Center Street will be landscaped; the City should encourage property owners to enhance their properties. Barbara Kennedy, owner at Solana on the River questioned where the RVs and boats would access the property. Mr. Abeles responded that the property would be accessed from Center Street. He noted that there are principal uses allowed in the C-2 zoning district that would have a much greater traffic impact. Leo Nicholas commented that the residents of Solana on the River are aware that their property is adjacent to commercial and industrial areas. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 3— Motion by Mr. Russell, seconded by Mr. Nicholas to postpone this request until the first meeting in February to allow the applicant time to submit additional information, and to satisfy City staff concerns regarding parking and access. Vote on the motion carried unanimously. 4. Ocean Gardens - Wave Four, Section 14, Township 24 South, Range 37 East, Replat of Lot 49 of Ocean Gardens - Wave Three Subdivision - Final Replat Approval - James Morgan, Applicant. Todd Peetz, City Planner gave an overview of the request. He advised that City staff reviewed the final replat, and recommends approval. The Board members reviewed the final replat. City Attorney Garganese requested that the applicant amend the Dedication to include the City of Cape Canaveral, prior to approval by City Council. Brief discussion followed. Motion by Chairperson McNeely, seconded by Mr. Russell to recommend approval of the Final Replat for Ocean Gardens - Wave Four with the condition that the applicant amend the Dedication to include the City of Cape Canaveral, prior to approval by City Council. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Definition of a Structure. Todd Morley, Building Official explained that there are certain structures that need to be defined in the Code. He explained the different types of structures; various types of uses of structures; temporary (casual) or permanent (non -temporary) structures. Discussion followed. Following discussion, the Board directed the City Attorney to prepare a draft ordinance for recommendation to City Council at the next meeting. 2. Scooters and Similar Rentals. Todd Peetz, City Planner read the definitions of a moped, and motorized scooter from the Florida Statutes, Uniform Traffic Control. Discussion followed. The Board agreed that a moped; motorized scooters, and motor bikes with or without a seat should be specifically defined in the Code. The Board further agreed to review the special exception requirements for exemption of distance and lot size requirements for establishments that rent and sell these types of vehicles. OTHER DISCUSSION Discussion was held regarding lowering the level -of -service standard along N. Atlantic Avenue. Discussion was held regarding the procedure for the Board to dispute sworn testimony. The Board requested a verbatim of the testimony given by Dude Braselton during consideration of the Oak Park site plan. (3 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION 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. This review by staff pertains to the approximate northern area 100'x200' feet and northwestern area 60'x200' feet of the property boundary as provided by the applicant. At total approximate area of the outside storage is 32,000 square feet. The approximate number of vehicles intended to be stored are 30-35 vehicles per the applicant's comments. The intent of the special exception is not for the entire property, but in the north and northwest portion of the property. At this time it does not appear that the special exception would create an adverse impact to the above requirements. However, the fire department mentioned access and internal circulation concerns. 2) Will the Special Exception create any unusual police, fire or emergency services? The fire department raised a concern about emergency service access. There were questions raised about how the vehicles would be parked and the internal circulation of the site. 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.? The lot should be able to accommodate the boats and RVs. The view from Center Street should be obscured. The setback requirements are not specifically identified for boats and RVs in the C-1 zone unless in the right of way or on a corner in the visibility triangle, this is not the case. The western portion of this request will abut the residential Solana on the River project. A landscape screening is already planned by the residential development. A fence is in place along the northern boundary of the property abutting another commercial use. It should be noted that vehicles need to be currently registered and in a movable condition to be in keeping with the City Code referenced below: Section 110-334 (11) Commercial establishments for the storage or parking of Recreational minimum: r era etr emsrovide=ite — — a. Minimum Lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either Walls, Fence or Hedges. c. Walls, Fence and Hedges must comply with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view. Section 110-551 d. All vehicles herein permitted shall have affixed thereto a currently valid license tag registered to the vehicle, shall be parked or stored with wheels and tires mounted, and shall be maintained in a movable condition. 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? As mentioned the fire department has a concern with access and circulation which has not been truly identified by the applicant. The applicant believes that two access points can be created to the site that would meet the fire departments requirements for access and create internal circulation necessary for emergency services. 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? Based upon the pre-existing office and warehouse use it would appear that adequate off-street parking is available. However, complete parking information has not been submitted by the applicant. The additional use of outside storage as portrayed should not generate additional noise, glare and or odors. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. There is an existing pump station on the southwest portion of the property. In order to create an access point at this location, a minimum of 20 feet of separation needs to be created or dedicated for ingress and egress. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? 2 It would appear additional Landscaping may be required. A landscape plan was not included with the application. 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? Being an existing warehouse and commercial building, it does not appear that at this time the proposed use would worsen existing conditions or create disharmonies with the adjoining properties. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be curb side pick up service. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? As a pre-existing commercial/industrial site, the project appears to meet setbacks and open space requirements. Landscaping may need to be enhanced to obscure view from Solana on the River. 11) Is the proposed use compatible with surrounding uses in its function, its ours 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? Most of the site is a pre-existing use there should be no additional impacts with traffic, structure size and setbacks. Compatibility with Solana on the River is debatable; however, buffering from the residential use is being created and the commercial warehousing type of uses pre -date the residential development. Additional buffering by the applicant may be necessary. 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? This special exception request can meet the requirements for this zoning district found in the land development code. 3 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-br recommended n h Plan gT d orrmg-BBvrr d denrci byThrlfuard 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. 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the use of the property. If the property converted to another type of use and the existing uses do not exist, then the special exception should no longer exist. 4 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West C2 C2 C2 R3 CONSIDERATIONS SETBACKS: COVERAGE: LOT SIZE: DENSITY: HEIGHT: Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE 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 Code Sect. 110-491 NA 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: Signature: 5 (33 a;uud G) m V P. P.; H f$ m '•I P. co (cv e Gi a_ a a. a. m a ana w n. cr Et 01 En N 0 110 4" p O in nigqi Ita p'0 .25� c?C m 0 4 o c till y A S V .SR? 9 �+.' fi a n� CeLii rt. W ti twi 6 OOgy ti `C� WA� ko iryCWi 4 q %� ip OQ1w o oo• ti. a okb �v yw worW� c poi: o N woo $-4 0 raj W:.tiW,.e. q '6'-' 4i- , ,:„. c, ,.... yn hoW�xoo °WO ° 6K. w ul P�OorNN 6. cW.)4IN • W°po o CO' ?�,M, t." r ly �y C4 q c%1 V o �, W 03 Cx16:61c46,.!,ZVN3/ ill o ' t< ",4 11rti N : !I r0. [ii fi Z- wyo W-OZ iNo.(g6 06 ��N N k� % wr°t, ao4Ew44w nor. ' _ m O 3. V NO4 co Wy�.�z1 (pv o 'otr,rN Woti t-, ry Cil O�oh NI O WooWo44 r'n� W oo�4 • woww Wo��N400O haW w m� N'`'4-° N. 0'oo 4. <4r Notz VNo o Fw�0�� yq.41 ft,iPbcn °�o,,�� porzF�von.oWcntiw �of w�° �°.qo°° 4,tiWtioI o4.6 cV ti Nk.5w iliH O.. �� �c�dtan r m� PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 23, 2005 A Regular Meeting of the Planning & Zoning Board was held on February 23, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 8:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Leo Nicholas Lamar Russell John Fredrickson Alice Filteau Donald Dunn MEMBERS ABSENT Walter Schoenfeld OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Todd Morley Chairperson Vice Chairperson 1st Alternate 2nd Alternate (Excused) Board Secretary City Planner City Attorney Mayor Pro-Tem Building Official All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: February 9, 2005. Motion by Chairperson McNeely, seconded by Lamar Russell to approve the meeting minutes of February 9, 2005. Vote on the motion carried unanimously. 2. Recommendation Re: Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, (192 Center Street) - Ron Abeles, Petitioner. Todd Peetz, City Planner, advised that the request was tabled at the previous two meetings for additional information. He reviewed .the submitted exhibit and noted that the number of proposed parking spaces exceeded code requirements. Ron Abeles, Petitioner, testified that he was petitioning to be allowed to have outside storage of trailers and Trailerable items. He verified that he provided the additional exhibit as requested by the Board at the last meeting. The Board members reviewed and discussed the exhibit. Mr. Abeles verified that he was the property owner of the entire area shown on the survey. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 2 The Board members reviewed the special exception worksheet. Mr. Abeles verified that all code requirements would be met with this request. He promised that it would not become a junk yard. He agreed to install a tow away sign for inoperable and untagged vehicles. Referring to the exhibit map, he testified that he would limit parking to 55 spaces, storage will only be located within the yellow highlighted area, and ingress and egress will be limited as depicted on the survey in the orange highlighted area. The Board reviewed each item of the application worksheet. Burt Bruns, citizen, cautioned the Board on granting the request for the special exception to run with property because Mr. Abeles may sell the property in the future. City Attorney Garganese responded that the special exception for outside storage will be limited to the items specified on the application. Todd Morley, Building Official advised that any violation to the granted special exception would be turned over to code enforcement. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to recommend approval of Special Exception Request No. 04-04 with the condition that parking be limited to 55 spaces. Vote on the motion carried unanimously. 3. Recommendation Re: Special Exception Request No. 05-01 to Allow Residential Use in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. Todd Peetz, City Planner, gave a staff report of the request and advised that the property was located on the corner of N. Atlantic and Washington Avenues. Ron Wallen, Representative for the Petitioner, testified that they intended to construct four townhouse units. He further testified that the auto shop, which exists to the South of subject property, constructed a concrete wall which abuts this property and therefore, there could never be an alley; the lots are only 100 ft. in depth; the warranty deed (Exhibit A) is a legal description of the entire property. Todd Peetz advised that the property to the East is vacant and it would be up to the Board if they wanted to add buffering around the property boundaries although, it is not required by code. The Board reviewed Section 110-566 regarding buffering requirements. Discussion followed. Mr. Wallen advised that he planned to provide a landscaping buffer around the entire property. He noted that 50 ft. of Lot 1 will be a retention area for the entire property and would need to be maintained by the property owner of Lot 1. James Hale, citizen, asked if the existing Oaks trees and one Bottle Brush tree will remain. Mr. Wallen responded that as long as the trees are not within the driveway area the trees would remain. City Attorney Garganese responded that they would need to abide by the requirements of the code in place at the time the site plan is approved. Judy Hale, citizen, commented that she would hate to see the trees removed that are within the City right-of-way. View Legal Ad# 533879 Page 1 of 1 Print Window >< Close Window> AD#533879-3/4,2005 Notice of Public Hearings The Board of Adjustments, City of Cape Canaveral, Florida will hold a Public Hearings for the purpose of considering two Special Exceptions at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida on Monday, March 14, 2005 at 7:30 P.M. Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, Section 23, Township 24 South, Range 37 East, Parcel E-3, (192 Center Street) - Ron Abeles, Petitioner. Special Exception Request No. 05-01 to Allow Residential Use In the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. 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 Adjustments If you should have any questions regarding the above ad, please contact the Building Department at (321) 868-1222. ADS: 533879 Publication: Florida Today First Published; 03-04-2005 http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=16353 i•dy 3/4/2005 C✓1 <-7) 1 terry or l_ape Lanaverai Building Department (Please Print Legibly or Type) DATE FILED 19 ()--C4 F E PAID f4419,50 , c;C) DEPOSIT=i I78G f .19 RECV'D BY: I-3b-09 ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) -(.2/7Z Mr( ( . -0,. re , +€ / z- :T L FILE COpy Address ofNegouest�(if app icable) 10 .3 (,VCt5h�ngfbn A -venue. II Legal Description: Laic Block I Parcel Subdv A von by -I- II__ Section__ Township . 45 Range Skie 4 s re d "r• 7kR-k ` K- 3' -7 STATEMENT OF FACT: State of Florida, County of Brevard; (e.t\cs r M,U C rC- / In/ 3 being duly sworn, depose and say that LC ,) I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s):� (3 L- -C Address:, 41O C& Home Phone Work Phone E-Mail Applicant(s) Names(s): I Comoro--i,-DA Svc. Co 12n\ 4�a7s S-.. `roll0-ko. ss-est, f L, � 2.30 Address: $ /o g �y1�� its ara_nr h b • /2 l7 /,.e' ^ % i r v C 7e0 Home Phone 19 "C ^ Work Phone -if 9 h 3 7 7Z Mail /70/Y.ye 1111t, r rc y • C u ili All information, sketches and data contained and made, part of this request, are honest antie to the best of my knowledge and belief. 7je'c*c' t,. Signature of A Swo o and subscr' . e • fore me on this 3C4day , 2001, . ,,.k",'Susan L. ChapmanQg � �-{-��-c`C� U , C'. •� �;-E�...G., at '� o Expires March 23,2005 c�• L ` ZGi�I % Notary Public, State of Florida =;% �`'�. Boma Peru d/0 (-2Z-(Q"} `��g�10,.. Allsntiol Bonding T; The. 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 ) lc 1 2., O I I .4 9 City of Cape Canaveral APPLICATION FOR SPECIAL 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 (3 868-1222 S' !' DATE: fir- —0'f 1. NAME OF APPLICANT(S) / v Ct W/ Mt 1 r ro LLC ADDRESS (if assigned) 103 ch'1i1 1 hl,e_ PHONE # (- 6 3 7- 776,5 FAX # q1 C7- 5 7.3 -W/2E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: N. lob/ 012 ,1 LOT: /) 2 , 3 BLOCK: `I- SUBDIVISION: Avon ty PARCEL: 2.11-3)-23-cG-occoi,uouo, SIZE OF SUBJECT PROPERTY IN ACRES: 2 L J , SECTION: )4 TOWNSHIP 5• RANGE I DESCRIPTION: 3. ORDINANCES SECTION UNDER WH CH SPECIAL EXCEPTION IS " SOUGHT„ cl (EXAMPLE, ARTICLE X, SECTION 2)c Ca/ _ /(� �� 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPL C-1; C-2, R-1, R-2, M-1 ETC.) 6." PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE L-� 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. (b) Adequate off-street parking and loading areas are provided 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 NOTE: 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): (l i i/l/t eZ C -i C THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. 9vlake 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 and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets 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: hyf€v'ctyL This information was obtained from: A `rueerkr c (t at,C4 eV A propert map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. 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. 4(8. Copy of recorded deed to subject property. 9. Completed worksheet. ✓ 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 associated costs. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION 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 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 special exception is for four (4) residential units. The requirements found in the land development code should be able to minimize any impacts created for adjacent property owners. Traffic would generate three to five additional peak hour trips. If developed as a commercial use, more than likely it would generate more peak hour trips. 2) Will the Special Exception create any unusual police, fire or emergency services? There should be no unusual needs or requirements for police, fire or emergency services. 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.? The lot should be able to accommodate all of the above requirements. This will be determined during site plan review. 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? There should be appropriate ingress and egress from this site. The access being proposed will be to Washington Avenue. 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? It would appear that adequate off street parking could be accommodated on site. This will be determined during site plan review. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? It would appear additional Landscaping may be required to buffer from the existing commercial use to the south. A landscape plan was not included with the application. 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? Being a request for residential use the property should be compatible with the surrounding uses. This would be further evaluated as part of the site plan review. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be curb side pick up service. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The project appears to be able to meet setbacks and open space requirements. Landscaping may need to be enhanced to obscure view from the south commercial parcel. 11) Is the proposed use compatible with surrounding uses in its function, its ours 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 should be compatible with the surrounding uses, provided limited traffic impact and meet setback requirements. Additional buffering by the applicant may be necessary. 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? 2 This special exception request can meet the requirements for this zoning district found in the land development code. 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. 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the use of the property. If the property converted to another type of use and the existing uses do not exist, then the special exception should no longer exist. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West Cl C1 C1 C1 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 Code Sect. 110-491 NA 110-536 110-566-567 NA NA NA Applicability Yes No X X NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official oar Designee: Signature: 4 C�� Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 Jim Ford, C.F.A. Property Appraiser Brevard County, FI • (Home] [Meet JimFord] [Appraiser's Job] [HQ] [General Info] (Save Our Homes] [Exemption, LTangible Property] [Contact Us] [Locations] [Forms] [Appeals] [Property ResearJ [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities) Lfax Facts (Economic Indicators] (Office Audit] LWhat's New [Links] (Press Releases] [Tax Estimator] General Parcel Information for 24-37-23-CG-00001.0-0001.00 Parcel Id: 24-37-23-CG-00001.0- 0001.00 Map Millage 26G0 Exemption: Use Code: 1000 * Site Tax Address: 103 WASHIGTON AV, CAPE CANAVERAL, FL 32920 Account: 2433267 * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: WELSH, DAVID Second Name: Third Name: Mailing Address: 10751 ENFILED DR City, State, Zipcode: WOODSTOCK, MD 21163 Value Summary for 2004 ** Market Value: $48,750 Agricultural Assessment: $0 Assessed Value: $48,750 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $48,750 Legal Description Plat Book/Page: 0003/0007. AVON BY THE SEA N 100 FT OF LOTS 1,2,3 BLK 1 View Plat (requires Adobe Acrobat Reader - file size may be large) Land Information Acres: Site Code: Land Value: 0.34 341 $48,750 ** This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Code Screening Source Vacant/Improved 5333/1609 4684/0017 4146/3277 2837/0104 7/2004 9/2002 3/2000 9/1987 $195,000 $19,000 $57,500 $4,000 WD WD PT V V V http: //www. brevardpropertyappraiser.com/asp/Show_parcel. asp?acct=243 3 267&gen=T&... 12/20/2004 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 2688/2676 4/1986 $100 NN 2431/0700 5/1983 $25,000 WD "« Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information Pool No Fireplace No Fence No Driveway No Lawn Irrigation No Shed No Dock No Seawall No Tax information is also available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Data Last Updated: Friday, December 17, 2004- Printed On: Monday, December 20, 2004. New Search Help [Home] [Meet JimFord] [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] ]Contact Us] [Locations] [Forms] [Ap eallA [Property Research] [Mep_Search] [Maps & Data] [Unusable Property] Fax Authorities] [Tax Facts [Economic Indicators] [Office Audit] (_what's New] [Links] [Press Releases] Fax Estimator] Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://www.brevardpropertyappraiser.com/asp/Show parcel.asp?acct=2433267&gen=T&... 12/20/2004 http://www.breyardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=20041220221156813&Parcels=1&ZonCity... 11 _T 1 fLV''11 N 14 • 111111111111 IMO Page 1 of 1 Click Action: Parcel Info - Distance 0 Decrease , Zoom Bar I Aerial View Range Increase II:11 4014 11111'D'I It- 1111! 6.-1111 111 • 11111111111 1111111111 111111111 111111111 R2 11•1111 111111 Illmei 11111 uiiI 1111111 R2 111111111 1111111111• 111111111 11111111 1111111 1111111 11111111 11111111 1101111110: 111111 11111111 111111 1111111111, '111111111111 I View (#.:) Map 0 Aerial Change ) Locate Owner I Zoom toi Brevard County • Printable Version Map Locate Go Preview Check below then Update i Parcels 11 ZonCnty ZonCity Lil GolfCourses 0 Schools E Libraries RoadNames 0 Sections Water Update Help Legend IC(/' u) 11 ,-e r 1 ,. 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Tie s 4 I SS /115 7011, IMIIMPAM ttC grl ri gR Page 1 of 1 lick Action: Parcel Info Locate Parcel ID sr Check below then Update Parcels 11 ZonCnty ' ZonCity M, GolfCourses ra Schools E Libraries ig RoadNames Sections Water http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200502151... 2/15/2005 Page 1 of 1 LONG POINT. RCS 1 2 1 2 1e 4 9 011 1 2125• = J 14 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200502151... 2/15/2005 City of Cape Canaveral W3 LLC Special Exception Applicant: Applicant Representative, Nancy Murray. Location: Range: 37 Township: 24 Section: 14 Lots 1, 2 & 3 Block 1 Acreage: .344 +I- or an Acre Proposed Number of Units: 4 residential units Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to build 4 town home units. The subject parcel is currently vacant located on the southeast corner of Washington Avenue and North Atlantic Boulevard. North South East West Zoning C 1 Commercial C 1 Commercial C 1 Commercial C 1 Commercial Comp Plan C 1 Commercial C 1 Commercial C 1 Commercial C 1 Commercial Existing Conditions Residential Townhomes Commercial - BEACH AUTO REPAIR Vacant GRACE BIBLE PRESBYTERIAN CHURCH Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. A1A is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. A1A South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This development could generate 3-5 more peak hour trips as added into the Traffic Impact Analysis and capacity is available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. This project could generate approximately 1,200 gallons daily. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. This project could require approximately 1,400 gallons daily. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is vacant Galveston Ga soil type. Galveston Soils are well drained sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There are no known wetlands, Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The potential addition of 4 new town home units would equate to at 2.37 persons per household to 9-10 new persons to the City. Special Exception Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: 103 Washington Ave. Special Exception Date: January 18, 2005 The Fire Department has no objection to the special exception, residential in commercial at 103 Washington Ave. Station #1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4777 • FAX: (321) 783-5398 Station #2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4424 • FAX: (321) 783-4887 MEMORANDUM Page 1of1 Todd Peetz From: Ed Gardulski [egardulski@bellsouth.net] Sent: Friday, January 14, 2005 11:37 AM To: City - Todd Morley; Todd Peetz Subject: Special Exception 05-01 Res in Com Wash Ave.doc MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 14, 2005 RE: Special Exception Request No 05-01 Residential in Commercial Washington Avenue & Atlantic The Public Works Department has reviewed the special exception request and does not have any comments or concerns. 2/16/2005 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: February 15, 2005 RE: Special Exception Residential in Commercial Zoning I have reviewed the submittal of the special exception review for the above referenced project. My comments are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. City of Cape Canaveral January 20, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Notice is hereby given by the City of Cape Canaveral, that Nancy Murray, W3 LLC, 8408 Clarks Branch Drive, Raleigh, NC 27613 has requested a Special Exception to Allow Residential Use in a Commercial Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334 (C)(10) for the property described as follows: Legal Description: Section 23, Township 24 South, Range 37 East, Parcel ID 24-37-23-CG- 00001.0-001.00, (Vacant Lot Located on Washington Avenue, 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, February 23, 2005, 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 subsequently scheduled meeting. Since your property may be located within 500-feet of this property you are cordially invited to attend this meeting and provide comment on the proposed request. f'a person decides to appeal any decision made by the Planing and Zoning Board with respect to any makerconsidered at this mesons that person writ need a record of the ptoceedngs, and fbrsuch propose that person may need to ensure thata varbatin recordofthe 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 tor the e*oducfion oradmission hhteo evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons warn disabilities needing assistance to parGapatte in any ofdhese proceedngsshould coated the Cly Clerks office (868-12211, 48 hours in advance of the meeting. Susan Stills, CMC City Clerk tm • 6.0 142 id xu 111 RO • 1- • !• va 264 2a 1111111111 Men riooaoicm 11 ,o IIMICISM v P 111 NMI ADAMS AV . f JEFF A ISON'A u a 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Page 1 of 9 Parcel Identifier Owner Name Address Place 24_37-14_0.0-00530_1- 0000.00 SARDINA, EVITA 8401 N ATLANTIC AVE #A-1 CAPE CANAVERAL FL 32920 24-37-14-00-00530.2- MORRIS, TIMOTHY C 8401 N ATLANTIC AVE #A-2 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00530.3- BUCHAN, EARL J TRUSTEE 750 N ATLANTIC AVE PH#4 COCOA BCH FL 32931 0000.00 24-37-14-00-00530.4- GORDON, KEITH R 10622 SW 100TH ST MIAMI FL 33176 0000.00 24-37-14-00-00530.5- HILL, STEPHEN L P 0 BOX 580 SHARPES FL 32959 0000.00 24-37-14-00-00530.6- SELF, LEONARD 20805 SHELDON STREET ORLANDO FL 32833 0000.00 24-37-14-00-00530.7- RIOS, EDWIN 143 SANDPIPER RIDGE DRIVE ORLANDO FL 32835 00.00.00 24-37-14-00-00530.8- SMITH, DAVID J P 0 BOX 628 ANDERSON MO 64831 0000.00 24-37-1.4-00-00530,9- 0000.00 TRIFUNOV, STEVE 13300 ELLICE CT APPLE VALLEY MN 55124 24-37-14-00-00531.0- DAVENPORT, HAROLD L 337 ANGELO LN COCOA BCH FL 32931 0000.00 24-37-14-00-00531.1- ANDERSON, FRANK M 8401 N ATLANTIC AVE UNIT A- 11 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00531.2- BUCHAN, JOAN C TRUSTEE 750 N ATLANTIC AVE PH-4 COCOA BCH FL 32931 0000.00 24-37-14-00-00531.3- CARDENAS, DAVID 7325 SW 33RD STREET MIAMI FL 33155 0000.00 24-37-14-00-00531.4- MC NAMARA, KERRY L 89 CHERRY RIDGE ROAD HEWITT NJ 7421 0000.00 24-37-14-00-00531.5- ADAMS, JEFFREY A 8401 N ATLANTIC AVE #A-15 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00531.6- MC LENDON, TANGELA C 511 PETE'S LANE DAVENPORT FL 33837 0000.00 24-37-14-00-00531.7- CALDWELL, THOMAS E 6474 WOOD ACRE CT ENGLEWOOD OH 45322 0000.00 24-37-14-00-00531.8- KILLICK, PATRICIA 8401 ATLANTIC AVE N #A-18 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00531.9- BUTHKER, JEFFREY S 8401 ATLANTIC AVE N A-19 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00532.0- BUCHAN, EARL K TRUSTEE 750 N ATLANTIC AVE PH 4 COCOA BCH FL 32931 0000.00 24-37-14-00-00532.1- MUITY, MIHALY 2 SYCAMORE AVE MT VERNON NY 10553 0000.00 24-37-14-00-00532.2- CALVERT, RICHARD W 8401 N ATLANTIC AVE #B-2 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00532.3- 0000.00 ELLWANGER, KENNETH J 84 DEMETER DR APT #C ROCHESTER NY 14626 24-37-14-00-00532.4- BUCHAN, JOAN C TRUSTEE 750 N ATLANTIC AVE PENTHOUSE #4 COCOA BCH FL 32931 0000.00 24-37-14-00-00532.5- KYLE, RONALD P 8401 N ATLANTIC AVE, #B-5 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00532.6- AZZATO, JOHN R 94 YANES AVENUE WEST ISLIP NY 11795 0000.00 24-37-14 00 00532.7- DURGIN, LISA A 1701 BAY SHORE DRIVE COCOA BCH FL 32931 0000.00 24-37-14-00-00532.8- BUCHAN, JOAN C TRUSTEE 750 N ATLANTIC AVE PENTHOUSE #4 COCOA BCH FL 32931 0000.00 http : //www. brevardpropertyapprai ser. com/temp/tabFrame2004122023 0104 805 2. html 12/20/2004 Page 2 of 9 24-37-14-00-00532.9- BROWN, JOHN 23 HELVELLYN AVE RAMSGATE KENT CT11 ORS U K 0 0000.00 24-37-14-00-00533.0- CARROLL, HARVEY C JR 1500 JAYHAWK ST APT B ABILENE KS 67410 0000.00 24-37-14-00-00533.1- SISSON, CHRIS D 666 CALIFORNIA AVE OCOEE FL 34761 0000.00 24-37-14-00-00533.2- PLUNKETT, EUGENE 1750 N SURF ROAD HOLLYWOOD FL 33019 0000.00 24-37-14-00-00533.3- HUEY, LLOYD J TRUSTEE 8401 N ATLANTIC AVE #B-13 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00533.4- KUNIK, BRANISLAV 1465 MARTIN BLVD MERRITT ISLAND FL 32952 0000.00 24-37-14-00-00533.5- OVERMERE, EDWARD J 238 VERNON AVE PATERSON NJ 7503 0000.00 24-37-14-00-00533.6- LANE, NIGIL L P 0 BOX 798 WHITWELL TN 37397 0000.00 24-37-14-00-00533.7- VAN SPLUNDER, HAROLD W 7655 E FLATS RD E OTTO NY 14729 0000.00 24-37-14-00-00533.8- DEWEY, PAUL E 8401 N ATLANTIC AVENUE #B- 18 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00533.9- CONNOR, MICHAEL CARL 515 OLD HIGHWAY DRIVE CALEDONIA MN 55921 0000.00 24-37-14-00-00534.0- LEVIN, SANFORD 103 PLEASANTVIEW DRIVE LANCASTER NY 14086 0000.00 24-37-14-00-00534.1- NONAMAKER, LAURA LEE S P 0 BOX 713 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00534.2- SCHULZ, EDNA E P 0 BOX 45 FRISCO NC 27936 0000.00 24-37-14-00-00534.3- BRENNER, WAYNE E 359 EAST SEAVIEW DR DUCK KEY FL 33050 0000.00 24-37-14-00-00534.4- WATSON, JAMES F P 0 BOX 14 LAFAYETTE IL 61449 0000.00 24-37-14-00-00534.5- RHODES, GARY G 1748 TWIN LAKE DR GOTHA FL 34734 0000.00 24-37-14-00-00534.6- HILL, MARGUERITE M TRUSTEE 1700 S ATLANTIC AVE #102 COCOA BCH FL 32931 0000.00 24-37-14-00-00534.7- HAZELAAR, SUZANNE P 0 BOX 1369 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00534.8- GONZALEZ, VICKI L 400 W 43RD STREET APT 14-D NEW YORK NY 10036 0000.00 24-37-14-00-00534.9- BRADSHAW, DOROTHY EDA 1126 HERMOSA DR ROCKLEDGE FL 32955 0000.00 24-37-14-00-00535.0- STALLARD, ALLEN L 8401 N ATLANTIC AVE UNIT D-2 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00535.1- LONGMIRE, KARL S 8401 N ATLANTIC AVE UNIT D-3 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00535.2- MURPHY, WILLIAM T P 0 BOX 368 SEAL COVE ME 4674 0000.00 24-37-14-00-00535.3- KENNEDY, MICHAEL L 8401 N ATLANTIC AVENUE D-5 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00535.4- ANDERSON, PAUL L 8401 N ATLANTIC AVE UNIT D-6 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00535.5- KHAN, MANSOOR 8401 N ATLANTIC AVE UNIT D-7 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00535.6- WILKES, HEIDI 316 BAY CITY RD STEVENSON MD 21666 0000.00 24-37-14-00-00535.7-6; T) http://www.brevardpropertyappraiser. com/temp/tabFrame2004122023 01048052.html 12/20/2004 Page 3 of 9 0000.00 WOOD, SUSAN B 5059 JENNIFER PLACE ORLANDO FL 32807 24-37-14-00-00535.8- CHENEY, MICHAEL F 3 LILY LANE FRANKLIN NH 3235 0000.00 24-37-14-00-00535.9- SOUZA, JAMES 297 ELM ST SOMERSET MA 2726 0000.00 24-37-14-00-00536.0- BARNES, ROBERT K TRUSTEE 8401 N ATLANTIC AVE APT 112 CAPE CANAVERAL FL 32920 0000.00 24-37-14-00-00536.1- HALL, PAMELA J 27 MAY STREET LIMINGTON ME 4049 0000.00 24-37-14-00-00536.2- GRUNDY, 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ALDEN, LOREN G RR 3 BOX 3484 NICHOLSON PA 18446 0001_.00 7124-37-23-58-00000.0- HAMILTON, JOYCE H P 0 BOX 34 CAPE CANAVERAL FL 32920 0002.00 7224-37-23-58-00000.0- SPENCER, CANDACE A LIFE ESTATE 108 JEFFERSON AVENUE CAPE CANAVERAL FL 32920 0001.00 7324-37-23-00-00284.0- VETERANS OF FOREIGN WARS OF THE 105 LONGPOINT RD CAPE CANAVERAL FL 32920 0000.00 7424-37-23-00-00260.0- MEANS, JAMES WALTON SR TRUSTEE 3873 S BANANA RIVER BLVD #307 COCOA BCH FL 32931 0000.00 Lsy http://www.brevardpropertyappraiser. com/temp/tabFrame200412202301048052.html 12/20/2004 09/16/2004 01:11 17079827246 SEP-14-2004 13:35 FROM:SGS PROP MT5 2113674339 MLRRAV TO:89195730412 HAtim P:116 wenn IONER m*ma LFC-1 13111111 ENO POUMI onimic MR" MARV mums \ I WWWW6 MMUS. 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A9 031V01030 M/N .00'OCI '1503 3(1N3AV NOIUNIHSVM .V3S 3N1 A9 NOAV. !0 3NI1 NINON) 3 1C-P0-C3 N0I1335 !0 3NI1 NINON 03030033 '.V3S 3H1 AS NOAV. j0 T )IO018 'f ONV Z '1 3101 JO 133A 001 H1NON 3H1 [NOS30 1Vid 0 Tr ca 0. m 0 0 did £ 8 3 'I S101 d0 ■1V1d38N V SN I38 3SNVH 'H1f10S bZ dIHSNM01 '£3 NOI133S NI PNIA1 NOISIAIQ8f1S V Print Window > Clow Window::: AD#533879-3/4,2005 Notice of Public Hearings The Board of Adjustments, City of Cape Canaveral, Florida will hold a Public Hearings for the purpose of considering two Special Exceptions at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida on Monday, March 14, 2005 at 7:30 P.M. Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, Section 23, Township 24 South, Range 37 East, Parcel E-3, (192 Center Street) - Ron Abeles, Petitioner. Special Exception Request No. 05-01 to Allow Residential Use In the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. 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 Adjustments If you should have any questions regarding the above ad, please contact the Building Department at (321) 868-1222. AD*: 533879 Publication: Florida Today First Published: 03-04-2005 http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=16353 FILE COPY 3.4/200.. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 2 The Board members reviewed the special exception worksheet. Mr. Abeles verified that all code requirements would be met with this request. He promised that it would not become a junk yard. He agreed to install a tow away sign for inoperable and untagged vehicles. Referring to the exhibit map, he testified that he would limit parking to 55 spaces, storage will only be located within the yellow highlighted area, and ingress and egress will be limited as depicted on the survey in the orange highlighted area. The Board reviewed each item of the application worksheet. Burt Bruns, citizen, cautioned the Board on granting the request for the special exception to run with property because Mr. Abeles may sell the property in the future. City Attorney Garganese responded that the special exception for outside storage will be limited to the items specified on the application. Todd Morley, Building Official advised that any violation to the granted special exception would be turned over to code enforcement. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to recommend approval of Special Exception Request No. 04-04 with the condition that parking be limited to 55 spaces. Vote on the motion carried unanimously. 3. Recommendation Re: Special Exception Request No. 05-01 to Allow Residential Use in the C-1 Zoning District, Section 23, Township 24 South, Ranqe 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. Todd Peetz, City Planner, gave a staff report of the request and advised that the property was located on the corner of N. Atlantic and Washington Avenues. Ron Wallen, Representative for the Petitioner, testified that they intended to construct four townhouse units. He further testified that the auto shop, which exists to the South of subject property, constructed a concrete wall which abuts this property and therefore, there could never be an alley; the lots are only 100 ft. in depth; the warranty deed (Exhibit A) is a legal description of the entire property. Todd Peetz advised that the property to the East is vacant and it would be up to the Board if they wanted to add buffering around the property boundaries although, it is not required by code. The Board reviewed Section 110-566 regarding buffering requirements. Discussion followed. Mr. Wallen advised that he planned to provide a landscaping buffer around the entire property. He noted that 50 ft. of Lot 1 will be a retention area for the entire property and would need to be maintained by the property owner of Lot 1. James Hale, citizen, asked if the existing Oaks trees and one Bottle Brush tree will remain. Mr. Wallen responded that as long as the trees are not within the driveway area the trees would remain. City Attorney Garganese responded that they would need to abide by the requirements of the code in place at the time the site plan is approved. Judy Hale, citizen, commented that she would hate to see the trees removed that are within the City right-of-way. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 3 Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 05-01. Vote on the motion carried unanimously. 4. Motion Re: Revised Site Plan for Portside Villas - Allen Engineering, Applicant. John Wilt, Representative for Allen Engineering, submitted a revised sketch of the submitted revised site plan showing additional changes to the guardhouse at the project entrance. He advised that the guardhouse would be removed due to setback requirements but would like the entrance gate to remain. He advised that the other revision was to increase the size of the swimming pool and cabana, which was shown on sheet 1 of the revised site plan. The Board members reviewed and held discussion regarding the site plan. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the revised site plan for Portside Villas for the pool change and cabana area only. Vote on the motion carried unanimously. 5. Recommendation to City Council Re: Revised Site Plan for Madison Cay aka Shores of Artesia, Phase II - Roger Smith, Applicant. Todd Peetz, City Planner, advised that this request was a change to the vested site plan to remove the swimming pool for additional parking. He noted that leaving the existing garage structure would require a Variance because it does not meet the minimum setback requirement. Mr. Smith, applicant, advised that he did not care if the garage structure needed to be removed. He advised that he needed approval to remove the pool to provide additional parking. Todd Peetz, City Planner, advised that current ordinance requires three parking spaces per townhouse unit, but due to the fact that the vested site plan was initially approved in 1984, it required only two parking spaces per townhouse unit. Further, he advised that if the swimming pool and garage were removed from the site, the project could gain a total of 19 parking spaces, having the effect of voluntarily complying with today's ordinance. Mr. Smith confirmed that he was the property owner. City Attorney Garganese commented that any changes to the vested site plan would need to meet current code requirements. He advised that the garage structure needed to be removed as part of the vested site plan agreement. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to remove the garage structure and remove the pool to provide the additional parking spaces. Vote on the motion carried unanimously.