HomeMy WebLinkAbout8963 Astronaut Blvd.Hi Donna.
Yesterday, I met with the City Attorney and City Manager regarding the proposed vehicle rental facility at 8963 Astronaut Boulevard.
As you and I have discussed, the issue with this BTR application revolves around whether the facility may be reestablished in light of Sec. 110-197 of the City Code, which spells out
under what conditions a nonconforming use can be considered abandoned and therefore is no longer allowed on the property.
City Code Section 110-197 – Abandonment, states:
(a) A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered
abandoned:
(1) When the intent of the owner to discontinue the use is apparent; or
(2) When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days,
unless other facts show intention to resume the nonconforming use; or
(3) When it has been replaced by a conforming use; or
(4) Where the use is discontinued or abandoned for a period of more than 180 consecutive days or for 18 months (545 days) during any three-year period, except where the use constitutes
a dwelling unit. In the case of dwelling units, the discontinuance or abandonment period shall be 730 consecutive days (two years).
(b) The city council may grant extensions of time for a nonconforming use of a building or premises, which would otherwise be considered abandoned pursuant to subsection (a), to
continue if the abandonment was directly caused by an act of God or other emergency situation outside of the control of the property owner.
(c) In the event a more specific abandonment, discontinuance, or amortization provision is stated elsewhere in this City Code for a specific nonconforming structure, land use,
or land area, the more specific provision shall apply.
(d) No provision contained in this article, or elsewhere in the City Code regarding the abandonment, discontinuance, or amortization of nonconforming structures or land uses shall
nullify, void, or abrogate any similar provision contained in a duly executed binding development agreement approved by the city council prior to October 17, 2006.
Paragraph (a)(4) states that when a use is discontinued for a period of 18 months in any three-year period, it shall be considered abandoned. Therefore, it must be determined when the
previous use (Hertz Rental) was discontinued and whether its discontinuance is within the allowed 18-month period. Indicators, such as utility bills, expiration dates of City licenses,
real estate listings, commercial dumpster contracts, may provide needed evidence to answer this question. Would you please ask the applicant is he can provide any of the listed documents
or any other documents that indicate when the use was discontinued.
I am aware that the applicant submitted a utility bill from the City of Cocoa. However, this does not address the question as the bill, which is dated August of 2020, references a “Previous
Balance” from an earlier date. The submitted statement indicates there was no usage during that billing cycle, which suggests that the facility was not in operation at that time. If
the applicant can provide a statement indicating water usage, that would be helpful.
I have located a listing for the property on Loopnet.com, which is an internet-based commercial real estate platform. It indicates that the owner had the property listed, starting in
January of 2021, for uses other than an automobile rental facility (see attached). This is an indication that the owner’s intent was to discontinue the property’s use of a vehicle rental
facility.
I understand that the applicant is hoping to resolve this matter quickly. We can bring this item to closure as soon as any items are submitted. Thanks.
David Dickey
Community & Economic Development Director
<http://www.cityofcapecanaveral.org/> City of Cape Canaveral
(321) 868-1220 x118
100 Polk Avenue — P.O. Box 326
Cape Canaveral, Florida 32920
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a
public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.
慵͍鯬ᡞՃ铔ꇣ穅쨒琛슮ⓟ쳏c埚⭚勴햕⍳桍呅�䀃ꎿ흭珔Ⱔ剄犠睓崉꾳�⢁뻔霍ବ鹮噻长璢ϩ퐐딎鷡鵧ꨋ₪羜嵇芲㹏맚꯫簪夣ꛓ⢊巫廹뗈ﾀ爺ꌄᇸ�縀ܷ暝⃘䍒�陃ࣧ쨭Ҫ㞖鰯륝茈䉠具爮斠�Ứ㜆疑樉舚庄보ᑎ啗哋猅䓝샃퓂ᖪ櫹៱偛휵ڳ�⫐ᧅ扁۫㎫ﻐ䟆啩ಅሾ�ݗ⺙嫎Ǚ᠘椕�ꍪ霭䇓윽Ⴒ啷ௌ⛎꛱拈墸⅕⁝ᩕ⩃ﳾᴻ팔쐼⬒孉啹믭㶢ཾ㝧헝ꊤ떕괼㳊䥡䏎퍔擞זּ豌⭮텹磉鳶邽ක췣觩害岳䡅압㠙₌眩阆勧ⵞ︆뛗
ꀭ⯰㣸껮䋒曡州랒◜҅張�ࣄ礳ॹ㿬�쩇샞�埬䏘ﵪ겓䑰泯㽧ﻅ푰꣥컯뙶ﾳ冒�谖얥멾࣭컳ꝛ륀罶ᡷכּ헋醵趯泥踳蠝갩룘沌䕠㔃骁諀딐ᖄ愯ॅ攵ࢨ䕡⪉抡⩡遾薊墬题哂ꐬⅢକꢩᄘꈱ䑢�霳칤콜귉듉迟켹湹퇟˷竎�犴ٟ뛦误ꮬ鎪릧⭭