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HomeMy WebLinkAboutcocc_boa_mtg_agenda_packet_april27_2023CAPE CANAVERAL BOARD OF ADJUSTMENT (BOA) City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 April 27, 2023 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION The Board of Adjustment (BOA) will allow public comment on any item on the agenda at the time each agenda item is considered by the Board, with the exception of ministerial items (e.g., approval of agenda, minutes, informational items, or ceremonial proclamations), emergency items and other items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida Statutes. Quasi-judicial items shall require a public hearing, and public comments will be accepted at the time the hearing is opened. The Board ordinarily will not take any official action under the "Reports and Open Discussion" section of the agenda and, accordingly, public comment on these items will not ordinarily be accepted. Should any official action be deemed necessary on an item under "Reports and Open Discussion" or an item added to the agenda during the meeting, public comment will either be accepted prior to official action being taken or will be accepted when the item is placed on a future agenda for further consideration. The Board may limit citizen comments to three (3) minutes if large numbers of citizens are present to comment, except when additional time is required to afford due process for quasi-judicial items. OLD BUSINESS NEW BUSINESS A. Board Matters: 1. Approval of Meeting Minutes — September 22, 2022 2. Per Section 2-171, the Board of Adjustment shall elect a Chairperson and Vice - Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. 3. Interview Candidates for Board Vacancies — Adler Moldenhauer, Steve Hepp, and Lewis G. Brewer REPORTS AND OPEN DISCUSSION ADJOURNMENT: Pursuant to Section 286.0105, 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 inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community and Economic Development Department (868-1220, ext. 117) 48 hours in advance of the meeting. BOARD OF ADJUSTMENT (BOA) City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday September 22, 2022 6:00 p.m. MINUTES CALL TO ORDER: A meeting of the Board of Adjustment (BOA) took place on September 22, 2022, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Mr. David Dickey called the meeting to order at 6:02 pm. The Board Secretary called the roll. ROLL CALL: Members Present: John Bond Chairperson Stephen Slaton Board Member George Weber Board Member Others Present: David Dickey Kyle Harris Kristin Eick Patti Roth OLD BUSINESS NEW BUSINESS A. Board Matters: Director, Community & Economic Development Senior Planner City Attorney Board Secretary Prior to the meeting Mr. Dickey explained to the Board that the other two BOA members were no longer on the Board because they both moved out of Cape Canaveral. A motion was made by Board Member Slaton and seconded by Board Member Weber to appoint Board Member Bond as the Chairperson. B. Quasi -Judicial and/or Public Hearing: Consideration and Action on Variance No. 2022-01; John Dean, Applicant, is requesting a variance to reduce the required side yard setback from 10 feet to 6.9 feet along the western property line (3.1 foot variance) for property located at 303 E. Central Boulevard. Kyle Harris introduced himself to the Board as the new Senior Planner. Mr. Dickey passed out a copy of the plat for the property, as well as the property appraisal. Mr. Dean wants to build City of Cape Canaveral, Florida Board of Adjustments Meeting — September 22, 2022 Minutes ' Page Z of an addition to the existing home to be used as storage on the western side of the property. Mr. Harris shared (3) slides with the Board showing an Ariel View, Survey (showing the area of interest)/Applicant's Mark-Up (showing where the proposed room addition would be), and a Screenshot from Plat of Cape Canaveral Beach Gardens (1964). Mr. Dickey wanted to let the Board know that the house was built in1987and platted in 1962. The lot configuration was as it is today. That's important to understand that the Iaw configuration remains as is but the square footage of the home according to the Property Appraiser's records is 2605 square feet. The point that Mr. Dickey and Mr. Harris are making is that the property owner does have reasonable use of his property very similar to what other property owners have in the area. Mr. Harris covered the criteria that the Board needs to take into consideration when making their decision: • That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. • That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. • Thottheepecio|condhioneondcircurnetanceereferredtoineubeection(1)donctreeu|t from the actions of the applicant. • That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. • That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. • That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. An attorney was present to represent Mr. Dean. Ms.Eick wanted the Board to be aware that there is a section of the Code that's 110.31 that talks about attendance being required at public hearings. Mr. Dean was not present and Ms. Eick wanted the Board to know that you can't rely on attorney testimony, it wouldn't constitute competent and substantial evidence. Mr. Vidoni can talk about the documents that are already in the Application Packet but the Board needs to ask questions and gather additional factual information. Ms. Eick suggested continuing the hearing when the applicant can be present. 2 City of Cape Canaveral, Florida Board of Adjustments Meeting — September 22, 2022 Minutes ' Page 3 of Mr. Vidoni gave an explanation to the board for all (6) items described in the above criteria. He also shared various pictures, (i.e. Property Appraiser's office, Google Maps). Discussion ensued. Motion to deny the variance was made by Board Member Weber and seconded by Board Member Slaton. Motion on the vote carried unanimously. Motion to adopt the findings in the Staff Report was made by Chairman Bond and seconded by Board Member Slaton. Motion on the vote carried unanimously. A. Board Matters: 1. Approval of Meeting Minutes: April 8, 2022 — Motion to accept the minutes by Chairperson Bond and seconded by Board Member Weber. Motion on the vote carried Mr. Dickey suggested getting together for basic board training. Possibly Ms. Eick could facilitate the training and cover the Sunshine Law as well. The Board Secretary will forward a copy of the Sunshine Law to the Board Members. ADJOURNMENT: The meeting adjourned at 6:58 PM. Approved on this day of ,2023 John Bond, Chairman Patti Roth, Board Secretary 3 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 - Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Home Address: Phone Number: o - Q AOLAUE1 32_0 ka41,k5 Avg. LAPS CAMA‘rell,PA. I . L 3292D 321-213- 379( Occupation: g►d o:u yEt / C nIT17.gpgE?J EOR ! S AwE5 A Ant Business Phone: "7 1 lt, ^ 262 , 7 709 Business Address: 320 Email: ND)c-1k E ��G-TDQIZ, TOD1D�Tf�,i �� LoN\ ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? LlYes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? lig Yes 0 No 3. Are you a Business owner? a. If yes, please list the name: V ecXo Z'+ . 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this q estion. ❑Yes 4101No a. If yes, have your civil rights been restored? 0 Yes No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes gfNo a. If yes, please list each: Vr Yes ❑ No 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? Yes 0 No Initials: 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ei No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: SE@ilS. CosAktim.l.Y I y Gsy TiJ►O t•O&'AL 1)01,11-1Z, 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. 2= Business and Economic Development Board c. Community Appearance Board d. 5 Culture and Leisure Services Board e. Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state ny prior experiences in serving on any governmental board or committee: N Pe. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membersh. on the desired board or committee. AecA1AWCI AL EUf770i11M �G VF1 QJCSac- Spiv11/41eZ2 STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender. Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other II Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN 1S TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: 11 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 Date: 1 Z / g1Z Z goecgRN JAN 0 6 2023 D Enter Date & Time Received City of Cape Canaveral Advisory Board Application - Pg. 3 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 - Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: STEgf E? 730 GLAM.t 2 ba-ra--t_l.13j .hv L„ Home Address: Phone Number: Occupation: Business Phone: Business Address: Email: y 42C., �` • Com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? )gf Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 1 Yes 0 No 3. Are you a Business owner? 0 Yes 0 No a. If yes, please list the name:._. tom' _._ ......._m. . 4 Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes No a. If yes, have your civil rights been restored? 0 Yes 0 No 5 Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes g No a. If yes, please list each: City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? Yes 0 No Initials: 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes XNo a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. i Board of Adjustment* b. Business and Economic Development Board c. Community Appearance Board d. Culture and Leisure Services Board e. Planning and Zoning Board* Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. Briefly state any prior experiences in serving on any governmental board or committee: _ 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. ____._._._.... �' .....AIM - 4ED _._ a .m.....�_ ............_. STATE REPORTING REQUIREMENTS Section 760,80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender: Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other Caucasian ❑ Other Disability: ❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Applicc;tirPg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Please return to: City of Cape Canaveral Office ofthe City Clerk P.[\Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED By Daniel LeFever at 2:00 pm, Feb 08, 2023 Enter Date & Time Receive City of Cape Canaveral Advisory Board Application Pg. 3 Alzrz 3 STEVE HEPP 8730 Clara Eliza rete Lane Cape Canaveral, FL 32920 TEJ t -k)? St: Pc,:e. Xot9 7-1 ( 5penoci744.0 tz-loar)-r oF CA 9E. CoiJ,64-0,4‘.- got 9,et Fe-Dt).G-k4-1/ (oL4) t C (kr-- CA t-) A tZ444. Si, 0 Cia. 9-004 STEVE HEPP 937-2 1 17 Y4u # t ©r C -54e CA A le -i12„4 4S C-OitAvtit AL/ fs ‘sitt (AL- DL -7:'s‘ 40.1 CO c= -h 0,3 c5046 0F p- --- REsk --E--0-3T D .E6I y\kEvA, ay. F comt.i) aF tt3 SBLL Rigs+ a P,Ttmik oF bo/iP-D DF Ae?e4h4 GT "Atz.i e:Ai:( 0 1t -N pAg6 C7 4 -O ?Al2-1- vita. P,1) evUgcLe-rsT VOW) ti `TT -ER Al- C-4 I•JAv -13A/I L Poivr fit-r19.,LT City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, uriless their civil rights have been restored. Please complete the foliowing in the space provided: GENEFtAL Applicant Name: Lewis G. Brewer Home Address: 8941 Lake Drive Apt. 306, Cape Canaveral, FL 32920 Phone Number: (321) 543 - Occupation: Arbitrator Business Phone: Business Address: EmaU�LewBrewer46@yahoo.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1.Are dulyregisteredinBrevard County?II Yes[] No �re��utovmrereva 2. Have you been are�idnntufthe City of[apeCanavem|for 12months or|anger? II Yes []No 3. Are you a Business owner? 0 Yes No a. If yes, pleaselist the 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. OYes No a. If yes, have your civi rights been restored? OYes 0 N S. Do you presently serve on any other City of Cape Canaverl advisory board or committee? OYes NNo a. If yesplease Iist each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? N Yes 0 No Initials: LGB 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 0yes No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I want to contribute to the community hwere I live through voluntary service. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 1 Board of Adjustment* b. 5 Business and Economic Development Board c. 3 Community Appearance Board d. 4 Culture and Leisure Services Board e. 2 Planning and Zoning Board* Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: I represented the Governor of WV on a committee to draft legislation governing public employee grievances. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I am an attorney licensed in WV (not FL) with 22 years as an Air Force JAG, 7 years as a state ALJ, and 11 years as an arbitrator. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: ID African American Gender: M Male O Asian American 0 Female O Hispanic American 0 Other EJ Caucasian O Other Disability: ID Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regutarly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: March 15, 2023 4 Date: Please return to: City of Cape Canaveral Offlce of the City Clerk P.O. Box 326 Cape Canaveral Ftorida 32920 OFFICE USE ONLY RECEIVED By Daniel LeFever at 3:26 pm, Mar 15, Enter Date & Time Received � City of Cape Canaveral Advisory Board Application Pg. 3