HomeMy WebLinkAboutcocc_boa_mtg_minutes_20220922BOARD 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 2 of 3
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 in 1987 and platted in 1962.
The lot configuration was as it is today. That's important to understand that the law
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.
• That the special conditions and circumstances referred to in subsection (1) do not result
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.
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City of Cape Canaveral, Florida
Board of Adjustments Meeting - September 22, 2022
Minutes • Page 3 of 3
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
unanimously.
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
John Bond, Chairman
Patti Roth, Board Secretary
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