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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20230726CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 July 26, 2023 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Member of the public may provide comments to the Planning & Zoning Board/Local Planning Agency (PZB) regarding matters not on the agenda provided that the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB meeting. Public comments related to public hearing Agenda Items will occur during the public hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g. approval of agenda, minutes, informational items). Members of the public will limit their comments to three (3) minutes. The PZB will not take any action under the "Public Participation" section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule matters commented upon during public participation at a future PZB meeting. OLD BUSINESS NEW BUSINESS A. Board Matters: B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 1. Consideration of a Modified Lot Split Application with three associated Variance requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette DiChristopher (Petitioner). 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 PZB 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 City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. PLANNING AND ZONING BOARD July 26, 2023 REGULAR MEETING • ITEM # Subject: Consideration of a Modified Lot Split Plan Application and three corresponding variance requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette DiChristopher (Applicant). Short Summary of Applicants Request: The Applicant owns two tax parcels (Id. # 24-37-14-51- 9-21.01 and Id. # 24-37-14-51-9-21.02). The tax parcels are only a portion of the originally platted Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2. The two tax parcels have not been approved by the City as separate lots for development purposes. The Applicant initially requested a lot split seeking to have the two tax parcels in their current configuration recognized as separate developable lots. The initial request was denied by the City Council in accordance with Res. No. 2022-32 (Attachment 1). However, so as not to deprive the Applicant of all property rights to develop the two tax parcels (aka the "Remainder of lot 21"), Res. No. 2022-32 recognizes the Remainder of Lot 21, or Lot 21 as originally platted, as one developable lot for development permit purposes. This recognition is consistent with the City Council's original intention when it approved the Cape Canaveral Beach Gardens, Unit 2, Block 9 Plat in 1962, and in accordance with the current R-1 zoning district and other applicable codes. Following the adoption of Res. No. 2022-32, the Applicant filed a Request for Relief (Attachment 2) under the Florida Land Use and Environmental Dispute Resolution Act claiming that Res. No. 2022- 32 "unreasonably or unfairly burdens the use of the owner's real property." Under the Act, the Applicant and City were required to mediate the Applicant's claim before an appointed Special Magistrate in an attempt to seek a solution to the dispute. A Conditional Mediated Settlement Agreement ("hereinafter referred to as the "Settlement Agreement") was approved by the Applicant and City Council (Attachment 3). Under the Settlement Agreement the parties agreed that the Applicant could modify its lot split application to bequest consideration and approval of the Modified Lot Split Plan attached to the Settlement Agreement and three corresponding variances under Chapter 98 of the City Code. The proposed Modified Lot Split Plan request, if approved, would authorize the creation of two developable lots from the Remainder of Lot 21 for purposes of constructing a detached, single- family home (minimum 2,000 square feet) on each of the two proposed lots. Both lots will meet the minimum 7,500 square foot requirement for R-1 zoned property. The proposed single-family home on the proposed northern lot would be oriented towards Ridgewood Avenue, and the proposed single-family home on the proposed corner lot would be oriented towards E. Central Boulevard. If the proposed request is denied, City Council Res. No. 2022-32 still provides that the two tax parcels will be recognized by the City as one developable lot in accordance with the R-1 zoning district and other applicable codes. However, the Special Magistrate will conduct a hearing to determine whether or not the City's actions "unreasonably or unfairly burdens the use of the owner's real property." If the Special Magistrate finds that such a burden exists, the Special Magistrate may also recommend to the City Council one or more alternatives that protect the public interest served by the City's development order or enforcement action and regulations at issue but City of Cape Canaveral P&Z Board Regular Meeting • July 26, 2023 Agenda Item # Page 2 of 6 allow for reduced restraints on the use of the Applicant's real property. The Applicant also has the right to file a civil action against the City if the request is denied. Background: On December 20, 2022, the City Council approved Resolution No. 2022-32 issuing a detailed Order Approving Mediated Settlement ("hereinafter referred to as the "Order") (Attachment 4) denying Applicant's application for a lot -split of a previously platted single-family lot; however, Council recognized that Applicant's two tax parcels, although only constituting a portion of the originally platted lot (Lot 21), be considered as one developable lot for development permit purposes. The subject property is located on the northwest corner of Ridgewood Avenue and E. Central Boulevard. The Applicant's original application sought to have two tax parcels (Id. # 24-37-14-51-9-21.01 and Id. # 24-37-14-51-9-21.02) recognized as two developable lots. The tax parcels were never approved by the City Council and were not recognized by the City as separate developable lots. Due to a previous unauthorized subdivision of land that occurred in circa 1984, the tax parcels together only constituted a portion of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida because the westernmost 25.00 feet of Lot 21 is under different ownership. On January 12, 2023, shortly after the adoption of Resolution No. 2022-32, the Applicant timely filed a Request for Relief pursuant to Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act)(hereinafter referred to as the "Act") staying the time period to file an appeal of the City Council's decision to the circuit court, and invoking the Special Magistrate (SM) proceeding required by the Act. The SM process can be invoked by a property owner who believes that a development order issued by a governmental entity "unreasonably or unfairly burdens the use of the owner's real property." Generally under the Act, the first responsibility of the SM is to facilitate a resolution of the conflict by mediation between the property owner and the governmental entity by modifying the owner's proposed use of the property or adjusting the development order in an effort to find a mutually acceptable solution. If a mediated resolution of the dispute is not reached, the SM is then required to conduct a hearing and hear from all parties and witnesses for purposes of determining whether the subject development order "unreasonably or unfairly burdens" the owner's use of the property. The SM would then issue a final written recommendation to the governing body. In furtherance of complying with the Act, the Applicant and the City agreed to the appointment of Attorney Paul Gougelman to serve as the SM. SM Gougelman has extensive local government experience. As required by the Act, the parties then conducted a mediation with SM Gougelman. During the mediation, a Settlement Agreement was reached subject to Council's approval at a duly noticed meeting. SM Gougelman also issued an Order approving the Settlement Agreement and recommended consideration of the same to Council. The Order further set forth a variety of deadlines and contingencies depending on the outcome of future decisions made by Council. The fully executed Settlement Agreement and Order (without the Settlement Agreement) are attached. City of Cape Canaveral P&Z Board Regular Meeting • July 26, 2023 Agenda Item # Page 3 of 6 At its April 18, 2023 Regular Meeting, the Council approved the Settlement Agreement related to the SM Proceeding in this matter (see Council Minutes - Attachment 5). The Settlement Agreement did not formally approve the proposed lot split and corresponding variances. Rather, the Settlement Agreement allows the Applicant to present the proposed Modified Lot Split Plan and hardship variances for the Planning and Zoning Board's and City Council's consideration under the normal lot split and variance process under Chapter 98 of the City Code. Essentially, the parties agreed that before a final decision is made on the Applicant's application, the Applicant will be allowed to modify the lot split application for the City's consideration. The Settlement Agreement stipulates that within 30 days from the date Council approved the Settlement Agreement (April 18, 2023), the Applicant shall submit a Modified Lot Split Plan, along with corresponding variance requests under Section 98 of Code, which contains the City's Subdivision regulations. The Agreement further stipulates that City approval of the modified lot split and variances must occur prior to September 29, 2023. If this does not happen, the City and Applicant will conduct a formal hearing on the matter before SM Gougelman on December 15, 2023. In compliance with the Settlement Agreement, the Applicant submitted a Modified Lot Split Plan application and three associated variances on May 16, 2023 (Attachment 6), for the sole purpose of seeking approval to construct one detached, single-family home on each of the two proposed lots. The proposed Modified Lot Split revises the previously submitted Lot Split Plan which was denied by the City Council by Resolution No. 2022-32, and requires the consideration of three variance requests under Sec. 98 - Subdivisions: 1. Sec. 98-107(b)(3) requires that corner lots have a width at least 15 percent larger than the width of interior lots along both adjacent streets. The proposed modified lot split plan proposes two lots oriented towards Ridgewood Avenue. The proposed northern lot has a width of 62.02', and the proposed southern lot has a width of 90.00 feet'. Under the proposed modified lot split plan, the proposed southern lot will be considered a corner lot, and the proposed northern lot will be considered an adjacent interior lot. The proposed corner lot has a width that is 31 percent greater than the proposed northern adjacent lot. Regarding the adjacent tax parcel to the west, the tax parcel to the west is oriented towards E. Central Boulevard, and according to the Brevard County Property Appraiser's website, the width of that tax parcel is 100'. However, the adjacent tax parcel has also not been approved by the City for development purposes (see Res. No. 2022-32). Nevertheless, to meet the 15 percent requirement, the proposed the proposed corner lot would need to have a width of 115' when compared to the adjacent tax parcel. Therefore, a variance of 25' is required as the width of the proposed corner lot is 90'. 2. Sec. 98-107(a) — states that lots will be in conformity with zoning standards in Chapter 110 of Code. As this property is zoned R-1, minimum lot dimensions are 75 feet in width, and 100 feet in depth. As proposed in the modified lot split plan, the northern lot is 62 feet in width. This represents a 13-foot reduction to the 75-foot minimum width requirement, and correspondingly, is the variance request; and City of Cape Canaveral P&Z Board Regular Meeting • July 26, 2023 Agenda Item # Page 4 of 6 3. Sec. 98-107(d) — which states that double and reverse frontage lots should be avoided. As indicated on the modified site plan, the proposed corner lot would be considered a double frontage lot as it has frontage on both Ridgewood Avenue, and E. Central Avenue. Staff Comments: Lot Split Sec. 98-66 of Code provides review criteria for the evaluation of a proposed Modified Lot Split Plan. Before any lot split is recommended for approval by the Planning and Zoning Board or approved by the City Council, the Applicant must demonstrate, and the Planning and Zoning Board or City Council must find, that the proposed Modified Lot Split Plan meets the following criteria: a. The proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned. As proposed, the PD odffiie. II of SIplHt IPIlaun, does not u-neat certaun SuullbdOvCisilon requl°atilon mTmCinCiumuum requuCirements. SpecSpec Oil calllly: d. Sec. 8...1O/(Ilu)(3) requCires that comer Oots have a wCiuitlh at (least 15 (percent Maur a^r than the wCOdtlh Of Ciintenor (lets allong both adjacent streets. Sec. 8- 10;7(a) that requCires that (kits have a mCiirnmummrm wildtlh of /5` r. Say:. 98- 10/(d) rn/Ihilclh states that douull::rlle and reverse (Dots slhOUlld be avoildcd. However, the allupllilcairrt has councurrs:irrtll/r appIICie( (r three variance requests, Of alf ullJr()vacN Il::ry the Ciity, MO arks, Tess the CdentCffiier,i uielCOdencCies. b. The application is consistent with the city's comprehensive plan. SIhoullui the apll ullilc:ant`s variance requests Ilue approved, roved, the proposed MouiCvher,i Lot "/IpIlOit IPIlan \ruCillll be consCisteirrt wCitlh the CCity`s (Toff')prelhensCive IPIlan. c. The application does not create any lots, tracts of land or developments that do not conform to the City Code. See response to crCiterCia a. Above. d. The application provides for proper ingress and egress to all affected properties through a public or approved private street or perpetual cross access easements. As Iprolposer, Can the proposed I° ou.ivvFCied II of SIpIICit IPPllaun, each of the proposed Il is woufllti have proper access fro rr eCitlher IIRCir,i gewood Avenue or IIIIIIII. Central) Avenue. e. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. The surroundOn area Cis characterized Il::uy sCin lDe and mull la IITIHlly resCiuieintCiall r,ievellolpmeint, wCitlh a variety o d011E:reint exOstOng Il0t sCizes..1..Ihe sCixe of the proposed Il0ts are generalllly consCisteint wCitlh the exOstOng variety of Il0ts On the Clmmrser` Clete area, CirreslpectCive of the excelptilon noted On r:rCiterCia 1, alluove. ZonOng su.urrou,undCinr the su.ulluiect Iparcell Cis: 1R 1 to the north, south and west; and 1:R 3 to the east. f. The application does not create burdensome congestion on the streets and highways."The proposed uruodDfCied (Dot sIpIICit Ilplllarl to allll(yrn/ an acidCitiDo call sCiuu lle fauxuCilly home on the su.ulbject property MOD not create an adverse Cimlpact on the Ilocall road network. The proposed home on the northern Dot wCillll dDrectlly access II:),Ciri 3euru r ruI Avenue, and the proposed corner Dot MOD dCirer.tlly ar:r.ess II:. t"eintrall II30u.ullexard. j• City of Cape Canaveral P&Z Board Regular Meeting • July 26, 2023 Agenda Item # Page 5 of 6 g. The application promotes the orderly layout and use of land. lithe prop s I IIIModhii Lot SplIICrt IlPllan ttv lull allOow two deterc hed dngllettamlly homes to IIlhe constructed, consktent usuCfth edstkug uses Cnt the surrouncintg area. Allso, the approved roved Settlement Agreement re u.uCkes that the proposed IOo s Ilhe oriented towards II:ZCiuigew oti Avenue, and that the structure on the comer IOot Ilhe oriented towards IC . Centrall Il ouull :var , consktent usuCfth otllher homes su0on h. The application provides for adequate light and air. As hi use of the prop u)scd Ilo s ils sntglle- famIlly r^sCid:iru alll, the proposed Modthed Lot SplIft Pan ttv lull not have an adverse ^ Ciurupac on the Il uruu°sCisCion of adequate IICi llrut and an- to ndghllhoring propert es. I. The application does not create overcrowding of land. lithe proposed P, uuu, thed Lot SpIlft PIlan u.0 ates two dewed ulpall llle IOo s, each of usulIldclh s utCkiles the IITI ruCiurruuuurru 7,500 square oo re uuCirenn ^int for III '1 zoned II'uruup"rt es. tlithk Cis consktent usuCfth applIcalblle dendty standards s as contdned Cnt the Otys Comprehendve Il ll n, Zorhng Co e, and surrouncintg reskientCralll uses. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. inhere are no known water, sewer, or puull::ulIlk s ^nhce capadty Cksu.0 ^s usuCi IlruCnt the subject area. IDevelluull ument assuuu.Cated usuCfth the proposed ^u Mod ..fed Lot IpIlICi ICPIlan usuCillll be requuCired to all pill or and rec eve ull ull urovalll through the "Cite concurrency process ocess o ensure the uvdlll ll:.,AllCit of IpuullblllCn: s ^w n:es. Variances As the requested variances relate to design requirements established in the City's subdivision regulations (Ch. 98), the variance process outlined in Ch. 98 of Code applies. Chapter 98 provides that a variance to the City's subdivision regulations can only be approved when it is determined that: • strict compliance with said regulations will create a hardship, and • by approval of the variance "substantial justice may be done and the public interest secured" More specifically, Ch. 98-4 (d) of Code states that a variance may be granted when it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in hardship; provided however, that economic or personal medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify for a variance. In order to authorize any variance, it shall be found that all of the following factors exist: 1. Special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; and 2. The special conditions and circumstances do not result from the actions of the applicant; and 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and 4. Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the City of Cape Canaveral P&Z Board Regular Meeting • July 26, 2023 Agenda Item # Page 6 of 6 provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Please see Attachment 7 to this agenda item for the Variance Worksheet that includes Staff comments regarding the variance requests. Prepared by: David Dickey Attachments: 1. Resolution No. 2022-32 2. Request for Relief 3. Settlement Agreement approved by the City Council on April 18, 2023 4. Special Magistrate Order— March 31, 2023 5. April 18, 2023 Regular City Council Meeting Minutes 6. Modified Lot Split Plan Application 7. Variance Worksheet Community and Economic Development Staff recommend that the Planning and Zoning Board make a recommendation to the City Council regarding: 1. The Modified Lot Split Plan, and 2. The following corresponding variances: a. A variance of 25' to the required width of 115' of the proposed corner lot. This will result in an approved width for the corner lot of 90', b. A variance of 13' to the required width of 75' for the proposed northern lot. This will result in an approved width for the northern lot of 62', c. A variance to the provision that the creation of double or reverse frontage lots should be avoided (as it relates to the corner lot). Approved by Director: David Dickey Date: Attachment 1 RESOLUTION NO. 2022-32 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A DEVELOPMENT ORDER DENYING AN APPLICATION FILED BY MICHAEL AND COLLETTE DICHRISTOPHER, HUSBAND AND WIFE, FOR A PROPOSED LOT SPLIT OF A PORTION OF LOT 21, BLOCK 9, CAPE CANAVERAL BEACH GARDENS UNIT NO. 2, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE(S) 81 AND 82, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael and Collette DiChristopher, husband and wife ("Applicant"), submitted a lot split application pursuant to Section 98-66, City Code seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop the parcels under the City Code; and WHEREAS, the subject Property is located on the NW corner of E. Central Boulevard and Ridgewood Avenue within the City of Cape Canaveral, and is identified by the Brevard County Tax Collector as Tax Parcel ID Number 24-37-14-51-9-21.01 and ID Number 24-37-14-51-9- 21.02, and Applicant's General Warranty Deed, which is recorded at Brevard County Official Record Book 8203, Page 1999, describes the Property as: Parcel 1: The North 76.00 feet Tess the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcel 2: Lot 21, less the North 76.00 feet less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcels ID Number 24-37-14-51-9-21.01 and Parcel ID Number 24-37-14-51-9-21.02 ("Property"). WHEREAS, having heard the arguments, evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the City Council hereby issues a development order denying the application and setting forth Findings of Fact, Conclusions of Law, and Order as set forth attached Development Order. City of Cape Canaveral Resolution 2022-32 Page 1 of 2 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Development Order. The City Council hereby adopts the Development Order attached hereto and fully incorporated herein by this reference, and the Mayor, City Clerk and City Attorney are hereby authorized to execute the same on behalf of the City Council. Section 3. Effective Date. This Resolution and attached Development Order shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of December, 2022. Wes Morrison, Mayor For Against Kim Davis Second Mickie Kellum Mofion Wes Morrison Angela Raymond X Don Willis X Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City . Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2022-32 Page 2 of 2 Resolution No. 2022-32 Attachment CITY OF CAPE CANAVERAL DEVELOPMENT ORDER IN AND BEFORE THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA In re: Michael and Collette DiChristopher Date: December 20, 2022 Application: Proposed Lot Split Application (Sec. 98-66, City Code) / On October 18, 2022 and December 20, 2022, a lot split application was duly noticed and heard before the City Council of the City of Cape Canaveral ("City Council") pursuant to Section 98-66, City of Cape Canaveral Code. Having heard the arguments, evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the City Council hereby issues the following Findings of Fact, Conclusions of Law, and Order as set forth herein. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Based upon the evidence and testimony presented at the hearings, the City Council finds: 1. Michael and Collette DiChristopher, husband and wife ("Applicant"), submitted a lot split application pursuant to Section 98-66, City Code seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop the parcels under the City Code. 2. The Subject Property was purchased by Applicant on July 2, 2018, and is located on the NW corner of E. Central Boulevard and Ridgewood Avenue within the City of Cape Canaveral. As more fully elaborated upon in this Development Order, the Brevard County Tax Collector identifies the Property as Tax Parcel ID Number 24-37-14-51-9-21.01 and ID Number 24-37-14-51-9-21.02, and Owner's General Warranty Deed, which is recorded at Brevard County Official Record Book 8203, Page 1999, describes the Property as: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 1 of 9 Resolution No. 2022-32 Attachment Parcel 2: Lot 21, less the North 76.00 feet less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcels ID Number 24-37-14-51-9-21.01 and Parcel ID Number 24-37-14-51-9-21.02 ("Property"). 3. The Property is vacant, undeveloped land and consists of 0.39 total acres of which 0.21 acres is Parcel 1 and 0.18 acres is Parcel 2 as described above. 4. The Property is zoned R-1 Low Density Residential District and is intended for single-family unattached residential development. s. 110-271, Cape Canaveral City Code ("City Code"). A maximum of one single family home is allowed per lot or parcel in this zoning classification. s. 110-272, City Code. 5. The Property essentially consists of all of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida ("Beach Gardens Unit 2 Plat"), with the exception of the westernmost 25.00 feet thereof 6. Chapter 177, Part 1 Platting, Florida Statutes establishes consistent minimum platting requirements and affords local governing bodies additional powers to regulate and control the platting of lands by local ordinance, laws, or regulations. s. 177.011, Fla. Stat. Upon recording a plat in the official records of the applicable county, the plat shall serve to establish the identity of all lands shown on and being a part of such plat, and lands may thenceforth be conveyed by reference to such plat. s. 177.021, Fla. Stat. 7. The minimum platting requirements under Chapter 177, Part 1 generally defines the term "subdivision" to mean the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land. See Sec. 177.031(18), Fla. Stat. 8. Since its founding in 1962, the City of Cape Canaveral has regulated the subdivision of land in accordance with the additional powers granted under Chapter 177, Florida Statutes, and has required platting for the development and subdivision of land within the jurisdictional limits of the City of Cape Canaveral, and for purposes thereof, the City Code has defined "subdivision" to mean the division of a parcel of land into two or more lots or parcels. See Ordinance No. 12- 62 (establishing the City's first Subdivision Regulations); See also, Ordinance No. 7-84 (adopting comprehensive amendments to the City's Subdivision regulations); Chapter 98 — Subdivisions of City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 2 of 9 Resolution No. 2022-32 Attachment the City Code (2022). 9. However, in the year 2010, the City Council adopted Ordinance No. 03-2010 updating and modifying the City's Subdivision regulations set forth in Chapter 98 of the City Code to include the creation of a lot split procedure that would allow the City Council to approve, by resolution, a property owner's request to divide one tract of land or lot into an additional tract of land or lot under certain limited conditions and applicable criteria. See s. 98-66, City Code. 10. When applicable, a lot split resolution approved by City Council constitutes a waiver from the platting requirements of Chapter 98 for divisions of land. s. 98-66, City Code. Therefore, absent a waiver, a division of land requires platting. 11. Relevant in this case, the Beach Gardens Unit 2 Plat was originally platted by Shuford Mills, Inc. and approved by the City Council on October 3, 1962. The Beach Gardens Unit "2 Plat was executed by the City's first Mayor, Raymond Jamieson. 12. Since the time in 1962 when the Beach Gardens Unit 2 Plat was approved by the City Council, the City has no record on file evidencing that the City approved the replatting, splitting, or other lawful division of Lot 21, Block 9 under the City of Cape Canaveral Subdivision Regulations. Further, no evidence was presented at the hearing by Applicant or any other person indicating that such approval was ever given by the City. 13. Nevertheless, based on City staff's review of documents viewable in the online databases maintained by the Brevard County Property Appraiser and Brevard County Clerk of the Court, the originally platted Lot 21, Block 9 along with the adjoining originally platted Lot 20 and Lot 19, Block 9 of Beach Gardens Unit 2 Plat, were reconfigured and divided in 1984 without obtaining the requisite City approval as required by the City's Subdivision Regulations, when Charles W. Pindziak recorded deeds creating seven (7) different tax parcels with the Brevard County Clerk of the Court. Therefore, this action constituted an unlawful subdivision of land because at the time the City Code required a division of a parcel of land or lot into two or more lots or parcels to be platted or replatted. See Paragraph 8, supra. 14. Relevant to the originally platted Lots 20 and 21, Block 91 the aforementioned databases reflect the following conveyances, by deed, in 1984 by Charles Pindziak which resulted in the West 25.00 feet of Lot 21, Block 9 being severed from Lot 21, Block 9 and being added to a portion of the adjoining originally platted Lot 20, Block 9: a. January 25, 1984, Charles Pindziak, a single man, conveys to himself the North 1 Lots 19 and 20 were likewise reconfigured and divided by Pindziak in January of 1984 by deeds ORB 2486, Page 1189 (Tax Parcel No. 24-37-14-51-19); ORB 2486, Page 1191 (Tax Parcel No. 24-37-14-51- 19.02); and ORB 2483, Page 2516 (Tax Parcel No. 24-37-14-51-19.01). City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 3 of 9 Resolution No. 2022-32 Attachment 76.00 feet less the West 25.00 feet of Lot 21, Block 9, as shown on the plat of Cape Canaveral Beach Gardens Unit No. 2 as recorded in Plat Book 17, at Page 81 of the Public Records of Brevard County, Florida. See ORB 2483, Page 2517 (This conveyance became Tax Parcel ID Number 24-37- 14-51-9-21.01 which is now owned by the Applicant.) b. January 25, 1984, Charles Pindziak, a single man, conveys to himself, Lot 21 less the North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, as shown on the plat of Cape Canaveral Beach Gardens Unit No. 2 as recorded in Plat Book 17, at Page 81 of the Public Records of Brevard County, Florida. See ORB 2483, Page 2518 (This conveyance became Tax Parcel ID Number 24-37-14-51-9-21.02 which is now owned by the Applicant.) c. January 30, 1984, Charles Pindziak, a single man, makes two conveyances to himself, by deed: the East 75.00 feet less the North 76.00 feet of Lot 20 and the West 25.00 less the North 76.00 feet of Lot 21, See ORB 2486, Page 1190 (This conveyance became Tax Parcel ID. Number 24-37-14-51-9-20); and the North 76.00 feet of the East 75.00 feet of Lot 20 and the North 76.00 feet of the West 25.00 feet of Lot 21. See ORB 2486, Page 1192 (This conveyance became Tax Parcel ID. Number 24-37-14-51-9-20.01). 15. In essence, the conveyances described in Paragraph 14 divided the originally platted Lots 20 and 21 into multiple tax parcels, and two of those tax parcels (Tax Parcel ID Number 24-37-14-51-9-21.01 and Tax Parcel ID Number 24-37-14-51-9-21.02) are currently owned by the Applicant. Charles Pindziak still has an ownership interest in the other affected tax parcels. Therefore, the two tax parcels owned by Applicant reflect only a portion of the originally platted Lot 21, Block 9 (hereinafter referred to as the "Remainder of Lot 21"). 16. The Applicant was not involved in the conveyances described in Paragraph 14 and did not create the Remainder of Lot 21, Block 9 (Tax Parcel ID Number 24-37-14-51-9-21.01 and Tax Parcel ID Number 24-37-14-51-9-21.02). Nevertheless, the aforementioned databases also reflect a chain of title for the Remainder of Lot 21 eventually leading to the Applicant's ownership of the Remainder of Lot 21, Block 9 as follows: a. Tax Parcel ID Number 24-37-14-51-9-21.01 (Northern portion) 1. April 1, 1997 Charles Pindziak conveyed his interest to Charles and Helen Pindziak, husband and wife. See ORB 3662, Page 2464. 2. April 28, 2003 the Pindziaks conveyed their interest to Minuteman Realty Trust. See ORB 4902, Page 261. 3. September 22, 2014 Minuteman Realty Trust conveyed its interest to Robert and Joan Meckel, husband and wife. See ORB 7227, Page 2696. City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 4 of 9 Resolution No. 2022-32 Attachment 4. July 2, 2018 the Meckels conveyed their interest to Applicant. See ORB 8203, Page 1999. b. Tax Parcel ID Number 24-37-14-51-9-21.02 (Southern portion) 1. April 1, 1997 Charles Pindziak conveyed his interest to Charles and Helen Pindziak, husband and wife. See ORB 3662, Page 2464. 2. April 28, 2003 the Pindziaks conveyed their interest to JDM Enterprises and Holdings, LLC. See ORB 4902, Page 223. 3. September 12, 2006 JDM Enterprises and Holdings, LLC conveyed their interest to Robert and Joan Meckel. See ORB 5751, Page 4113. 4. July 2, 2018 the Meckels conveyed their interest to Applicant. See ORB 8203, Page 1999. 17. The originally platted Lots 19, 20 and 21, Block 9 of Beach Gardens Unit 2 are all currently vacant and undeveloped. The City has no record of ever issuing a building permit for any of these Tots. 18. Applicant has approached the City regarding the development of one detached single family home on each of the two parcels identified as Tax Parcel ID Number 24-37-14-51-9- 21.01 and Tax Parcel ID Number 24-37-14-51-9-21.02. Since the time that Applicant approached the City, City Staff determined that the parcels had not been subdivided in accordance with the City's Subdivision regulations, and therefore, a development permit could not be issued. 19. Applicant subsequently submitted the Lot Split application at issue in this hearing, therein seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize the two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop one detached single family home on each of the tax parcels. In other words, the Applicant seeks the adoption of a City Council resolution authorizing the Remainder of Lot 21 to be split into two lots for development purposes. 20. Section 98-66 of the City Code of the City's Subdivision regulations governs lot split requests. The term "lot split" shall mean a division of a tract of land or lot that will result in the creation of exactly one additional lot or tract of land provided the lot or tract of land to be split is a previously platted lot or legal description of record. s. 98-66(a), City Code. The review criteria applicable to lot split applications is set forth in section 98-66(b)(4) and provides: (4) Review criteria. Before any lot split is recommended for approval by the planning and zoning board or approved by the city council, the applicant must demonstrate, and City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 5of9 Resolution No. 2022-32 Attachment the planning and zoning board or city council must find, that the proposed lot split meets the following criteria: a. The proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned. b. The application is consistent with the city's comprehensive plan. c. The application does not create any lots, tracts of land or developments that do not conform to the City Code. d. The application provides for proper ingress and egress to all affected properties through a public or approved private street or perpetual cross access easements. e. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. f. The application does not create burdensome congestion on the streets and highways. g. The application promotes the orderly layout and use of land. h. The application provides for adequate light and air. i. The application does not create overcrowding of land. j. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. 21. In addition, the review criteria set forth in Section 98-66(b)(2)(4)a. requires "the proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code...." (bold emphasis added). The phrase "in this chapter" refers to the requirements of Chapter 98 — Subdivisions. Thus, because Lot 21, Block 9 is a corner lot, section 98-107(b)(3) of the City Code is applicable to the proposed lot split. That section provides that corner lots for residential use shall have a width at least 15 percent larger than the width of interior Tots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. 22. Based on review of an area aerial from the Brevard County Property Appraiser's data base and Blocks 8 and 9 of the Beach Gardens Unit 2 Plat, the existing single family homes along both sides of E. Central Boulevard (Blocks 8 and 9 of Beach Gardens Unit 2 Plat) are oriented towards E. Central Boulevard. Notwithstanding, in an attempt to satisfy the general minimum lot requirements for R-1 zoned property, the City Council Agenda Item prepared by City staff states that the Applicant is proposing to orient the two proposed lots (and single family homes) towards Ridgewood Avenue. Although this orientation may arguably assist the Applicant with making the proposed two Tots compliant with the R-1 zoning requirements of minimum lot width of 75 feet and minimum lot depth of 100 feet depending on how the measurements are made to account for the corner radius, this orientation creates several other code compliance problems for the Applicant which cannot be overcome. 23. The City Council received testimony by City staff and consulting engineer (Mike City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 6 of 9 Resolution No. 2022-32 Attachment Allen of Allen Engineering) that the originally platted Lot 21, Block 9 complies with Section 98- 107(b)(3). On the other hand, however, City staff and Mr. Allen testified that the proposed lot split (more specifically the southern proposed lot) does not comply with section 98-107(b)(3) because the proposed lot width of 76.01 feet is not at least 15 percent larger than the existing 100 foot width of the interior lot located along E. Central Boulevard. Therefore, the proposed lot split violates the review criteria set forth in Section 98-66(b)(2)(4)a. because it violates section 98- 107(b)(3). 24. Moreover, the City Council notes that said interior lot being used for comparison is a tax parcel (ID. Number 24-37-14-51-9-20) that was created by Pindziak when he unlawfully subdivided Lots 19, 20, and 21, Block 9 in 1984. See Paragraph 14, supra. It is not the single unit subdivision Lot 20 which was identified and described in the Beach Gardens Unit 2 Plat. The width of Lot 20 when it was originally platted and approved by the City Council in 1962 is actually wider at 125 feet. See Beach Gardens Unit 2 Plat. As such on this basis alone, the City Council finds that the Applicant, by proposing the lot split of the Remainder of Lot 21 and orienting the two proposed lots towards Ridgewood Avenue rather than towards E. Central Boulevard, is now seeking to compound the wrongs committed by Pindziak in 1984. 25. The existing single family homes along both sides of E. Central Boulevard (Blocks 8 and 9 of Beach Gardens Unit 2 Plat) are oriented towards E. Central Boulevard. Notwithstanding, in an attempt to satisfy the general minimum lot requirements for R-1 zoned property, the Council Agenda Item states that the Applicant is proposing to orient the two proposed lots differently towards Ridgewood Avenue. 26. On the issue of lot orientation, the City Council also received testimony and written objections, dated 10/18/2022, by Cape Canaveral resident Patrick Campbell who resides in the general area ("Campbell"). Campbell opposes the lot split application and argues in the written objections that the proposed lot split does not comply with Section 98-107(d) related to the avoidance of double frontage and reverse frontage Tots and the lot split review criteria set forth in Section 98-66(b)(2)(4)g. requiring lot split applications to "promote the orderly layout and use of land." 27. Section 98-107(d) of the City Code provides that double frontage and reverse frontage lots should be avoided, unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. 28. Based on a review of the lot width and depth of the originally platted Lot 21, Lot 21 is oriented towards E. Central Boulevard like the other Tots in Block 9 of Beach Gardens Unit 2 Plat even though it is a corner lot. If the Remainder of Lot 21 is oriented towards Ridgewood Avenue as requested by the Applicant, the two lots proposed on the Remainder of Lot 21 would City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 7 of 9 Resolution No. 2022-32 Attachment then be oriented differently than the other Tots of in Block 9 of Beach Gardens Unit 2 Plat. Further, said lots would be oriented differently than the lots and existing single family homes located on the other side of E. Central Boulevard in Block 8 of Beach Gardens Unit 2 Plat which are also oriented towards E. Central Boulevard. Additionally, section 110-1 defines the term "Lot, reversed frontage" to mean a "lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot." As suggested by Campbell, orienting the proposed two lots on the Remainder of Lot 21 with frontage towards Ridgewood Avenue will result in the proposed two lots being a reverse or double frontage lot which, while not prohibited, "should be avoided" under Section 98-107(d) of the City Code. No evidence has been presented evidencing such orientation is "essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation." As such, the proposed lot split is contrary to the general land use pattern in the area and promotes the establishment of a reverse frontage lot which should be avoided. Therefore, the proposed lot split does not promote the orderly layout and use of land as required by the review criteria set forth in Section 98-66(b)(2)(4)g. 29. The City of Cape Canaveral Comprehensive Plan, Policy LU-1.3.1, provides that the City shall enforce its various ordinances which regulate land use categories including the City's Subdivision Regulations. Section 98-66(b)(4)b. of the lot split review criteria requires a lot split to be consistent with the City's comprehensive plan. See also, s. 163.3194, Florida Statutes (development orders issued by governmental agencies must be consistent with the comprehensive plan). For the foregoing reasons, the proposed lot split does not comply with the City's Subdivision Regulations set forth in Chapter 98 of the City Code. Therefore, the proposed lot split is inconsistent with the City's Comprehensive Plan and does not comply with the lot split review criteria. 30. As for compliance with the minimum lot dimensional requirements set forth in the R-1 zoning district, Council recognizes that there is conflicting evidence as to the proper method of measuring the width or depth of a lot that has a corner radius, and whether or not the proposed two lots precisely satisfy the R-1 requirements. Regardless, lot split applications must also comply with "all" of the applicable requirements of Chapter 98 of the City Code including satisfying the lot split review criteria set forth in in Section 98-66(b)(4). For all of the reasons expressed in this Order, the Applicant's proposed lot split does not comply with the City Code. 31. Additionally, the Applicant essentially requests that the City condone the unlawful subdivision of land effected by Pindziak by approving the two tax parcels created by Pindziak as two developable lots in accordance with the lot split procedures under Chapter 98 of the City Code. Under the circumstances, the City Council will not approve the application and exacerbate the problem caused by Pindziak. With that said, the record reflects that the Applicant did not participate in the unlawful subdivision of land and that no person, including Campbell or City Staff presented testimony or evidence objecting to the Applicant constructing one detached single City of Cape Canaveral DiChristopher Lot Split Application Development Order Page8of9 Resolution No. 2022-32 Attachment family home on the Remainder of Lot 21 as intended by the Beach Gardens Unit 2 Plat. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: 1. Applicant's application for a lot split is hereby denied. 2. However, so as not to deprive Owner of all property rights to develop the Remainder of Lot 21, the City recognizes the Remainder of Lot 21, or Lot 21 as originally platted, as one developable lot for development permit purposes as intended by the City Council in 1962 when the Beach Gardens Unit 2, Block 9 Plat was approved, and in accordance with the current R- 1 zoning district and other applicable codes. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of December, 2022. Wes Morrison, Mayor 'ATTEST:_ Mia .Gofort.ha_CityClerk City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 9 of 9 Attachment 2 MICHAEL DICHRISTOPHER'S & COLETTE DICHRISTOPHER'S REQUEST FOR RELIEF PURSUANT TO CHAPTER 70 SECTION 51, FLA STAT (2022) Michael and Colette DiChristopher (the "DiChristophers"), as Owners of two adjacent Tax Parcels, Parcel ID 24-37-14-51-9-21.01 and Parcel ID 24-37-14-51-9- 21.02 (the "Properties"), located at the corner of Ridgewood Ave. and E. Central Blvd. Cape Canaveral, Florida, hereby file this Request for Relief, pursuant to 70.51, Fla. Stat. (2022), from the Development Order rendered December 20, 2022. The Development Order, entitled City of Cape Canaveral DiChristopher Lot Split Application Development Order, effectively denied the Owners' Lot Split Application and the right to develop two single family homes. The Development Order and Resolution No. 2022-32 is attached hereto. Pursuant to 70.51(4), Fla Stat., the DiChristophers hereby request that Cape Canaveral City Council (the "City") forward this Request for Relief to a mutually agreeable Special Magistrate within the ten (10) day requirement for doing so. A. Brief Statement of Proposed Use of the Properties: The DiChristophers proposed use of the Properties were to build two single family homes, one on each Tax Parcel, that were separated out by deed in 1984 from one platted lot ("Lot 21") within Cape Canaveral Beach Gardens Unit 2 ("subdivision"). The DiChristophers Lot Split Application was to seek approval by the City to recognize the two legally described tax parcels as two developable lots. Prior to 2010, and dating back to 1962 (City Ordinance 12-62), the City required "re - platting" in order to subdivide one parcel into "two" or more parcels. The Lot Split Application process, adopted in 2010, now required the DiChristophers to split Lot 21, retroactive, because no official record existed authorizing it's subdivision into two developable lots. Complicating the issue was that the City had no official record of any of the more than 30 lots that were separated out by deed, but were in fact recognized by the City as developable. Eight of those lots are corner lots, and four of the eight are almost identical in legal and physical nature as the DiChristopher properties. B. Summary of the Development Order The Development Order, which is a final order with no appeal, prohibits the DiChristophers from developing the Property for their proposed use. Chapter-98 (Subdivisions), Sec 98-66 provides a waiver from the platting process when subdividing a platted lot into one additional parcel. Section 98-66 falls under Article II. - PLATS AND LOT SPLITS, Division 5. - LOT SPLITS. At it's August 3, 2022 meeting, the Planning and Zoning Board unanimously approved the Lot Split Application that was supported by City staff and the City's consulting engineer on the project (engineer's letter attached). The application met all the requirements and review criteria of Division 5. LOT SPLITS Sec. 98-66. Some time between August 3, 2022 and October 18, 2022, staff received comments from a neighbor that pointed out a provision in the subdivision code (Sec. 98-107(b)(3) that required corner lots to be designed 15% larger than the width of interior lots along both adjacent streets. City staff and the City consulting engineer reversed their recommendation to City Council by taking into consideration Sec. 98- 107(b)(3) under Chapter -98 Article III -CONSTRUCTION of a subdivision and Article IV. - IMPROVEMENTS, Division 2. - DESIGN STANDARDS . At it's October 18, 2022 Meeting, City Council applied Sec 98-107(b)(3) to the review criteria and directed the City Attorney to bring back a proposed final order to deny DiChristophers Lot Split Application and to recognize the properties as one singular developable home site lot. DiChristophers properties, specifically the corner lot, did not meet the 15% additional width when it was subdivided out by deed in 1984. Sec. 98-66(4)(a) states 'the proposed lot split shall in every aspect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned' (bold type and emphasis added). Sec. 98-66(4)(a) references that the criteria needing to be met in every aspect is for the category of zoning and its relevant codes, and not the code for subdivision CONSTRUCTION, IMPROVEMENTS and DESIGN STANDARDS as set forth in Sec. 98-107(b)(3) where corner lots in new developments be designed 15% larger in width of interior lots along adjacent streets. Referring to just corner lots, the City is applying a construction and design code standard to a 1962 platted subdivision that contained fourteen corner lots of which at least seven of them did not meet Sec. 98-107(b)(3). Subsequently, the City allowed eight of those fourteen platted corner lots to be further subdivided by deed, similar to DiChristophers properties, and recognized them as developable corner lots, regardless that they did not conform to Sec. 98-107(b)(3), nor were they re -platted according to City Ordinance 12-62. C. Brief Statement of the Impact of the Development Order Because of the Development Order, the DiChristophers cannot construct two single family residences and cannot achieve their proposed use of the property. The denial of the Lot Split Application was unwarranted especially in light of the City's Planning and Zoning Board's unanimous recommendation for approval. For the City Council to apply the CONSTRUCTION, IMPROVEMENTS and DESIGN STANDARDS of Chapter 98 to an existing subdivision platted in 1962, was arbitrary and unjust, especially where Section 98-66 (4)(a) references that the criteria to be met is one related to zoning, and not DESIGN STANDARDS to permit a subdivision. It is evident that the DESIGN STANDARDS of 98-107(b)(3) were not met in at least 50% of the 1962 plat nor the subsequent eight subdivided corner lots. An Administrative rezoning of Cape Canaveral Beach Gardens Unit 2 in 1979 from multifamily residential (R2) to single family residential (R1), prompted many property owners to subdivide their platted lots by deed and not by re -platting as required by City Code 12-62. The City recognized these more than 30 plus deeded lots as developable lots and the DiChristophers are requesting the same equitable recognition and treatment that their lots are also developable, especially when the City approved four very similar corner lots for development that didn't meet the 15% larger in width design. In summary, the Development Order that denied the request to recognize two developable lots, is unreasonable and unfairly burdens the use of the properties. Until the process specified in Chapter 70 Section 51, Fla. Stat., is completed, the DiChristophers seek: (1) a Special Magistrate proceeding of this matter and (2) a tolling of the time for seeking judicial review of the Development Order. I HEREBY CERTIFY that this Request for Relief has been filed by hand delivery to Mayor Wes Morrison, 100 Polk Ave. P.O. Box 326 Cape Canaveral, FL. 32920 and also by eservice at w.morrison@cityofcapecanaveral.org , with copy to City Attorney Anthony Garganese at agarganese@orlandolaw.net on January 12, 2023. Michael DiChristopher Lot Split Applicant SPECI L CITY •F C IC AEL C LETTE Petitioners, VS. CITY F CAPE CA "AVE L and FLORI A, a municipal corporation, Respondent. IST EC DTIAL E IATE I SETTLE E T AGREE E T Attachment 3 SUBJECT TO CI COU CIL APPR VAL THIS CONDITIONAL MEDIATED SETTLEMENT AGREEMENT (hereinafter as the "Agreement") is entered into by and between CITY OF CAPE CANAVERAL, a Florida Municipal Corporation (hereinafter "City"), and MICHAEL DICHRISTOPHER and COLETTE DICHRISTOPHER (hereinafter 'Petitioner"), subject to and conditioned upon the approval of the City Council of Cape Canaveral, Florida at a duly noticed public meeting. The Parties hereby agree and stipulate as follows: 1 Petitioner acknowledges that the undersigned representatives of the City only have the authority to recommend a solution to the City Council of Cape Canaveral. This Agreement shall not become binding upon the City unless and until it is approved by a majority vote of the City Council of Cape Canaveral at a duly noticed public meeting. 2, The Parties acknowledge that this Agreement is given pursuant to the provisions Resolution No. 2022-32 Page 2 of 9 of the Florida Land Use and Environmental Dispute Act; specificaily, Section 70.51(17)(a), Florida Statutes, to facilitate a resolution of the conflict between the City and Petitioner related to the Development Order approved by the City Council on December 20, 2022, as Resolution No. 2022- 32 (hereinafter "Development Order"). This Agreement sets forth a proposed modification of the Petitioner's use of the subject Property and adjustment to the Development Order subject to the terms and conditions stated herein. The Parties further acknowledge that this Agreement is a compromise of disputed claims and any agreement made hereunder shall not be construed as an admission of liability by any party. Without admitting any wrongdoing or liability, the Parties to this Agreement desire to amicably resolve all disputes between them, including, without limitation, all claims and counterclaims for damages, interest, attorneysfees and costs filed or could be filed in the above -styled matter. 3 Within thirty (30) days from the date that this Agreement is approved by the City Council' and executed by the Mayor, Petitioner shall seek to modify the Development Order by filing a modified lot split plan, which shall be certified by Petitioner's licensed surveyor, to Petitioner's Lot Split Application that was previously filed under Section 98-66 of the City Code, along with a corresponding additional application requesting several hardship variances pursuant to Section 98-4 of the City Code. The hardship variances shall be for purposes of seeking approval of the modified lot split plan in all respects by the City Council at a public meeting under the requirements of Chapter 98 of the City Code. The modified plan shall be for the sole purpose of seeking approval to construct one detached, single-family home on each of the two lots. More specifically, Petitioner shall simultaneously file and seek approval from the City Council of the Resolution No. 2O32-3Z Page 3of9 following: A. The modified lot split plan prepared by KUQelnn8nn Land Surveying, Inc., dated March 16, 2023' which is attached hereto and fully incorporated herein as EXHIBIT "A.° The modified lot split plan provides legal descriptions for two proposed developable lots and their respective lot area, lot depth, lot width, setbacks and building envelope. The two, lots shall be oriented east to west resulting in the front yard of the northern lot facing Ridgewood Avenue, and the front yard of the Southern lot facing Ridgewood Avenue, as a well as a front yard facing E. Central Boulevard. The side yard of the southern lot will be adjacent to the north property line, and the rear yard will be adjacent to the western property line. The structural orientation of the single family home constructed on the northern lot shall be oriented towards Ridgewood Avenue. However, the structural orientation of the single family home constructed on the southern lot shall be oriented towards E. Central Boulevard. The modified: lot split plan may be subject to minor adjustments mutually agreed to bythe Parties during the public meeting process, with the exception of the lot and structural orientation required by this Agreement which shall not be modified. B. Based onthe modified lot split plan filed inaccordance with 3//Aabove, Petitioner shall file a, h8rd�5hip variance application under Section 98-4 of the City Code seeking approval of several variances from the following Chapter 98 regulations: (i). The application of Section 98-107(a) —as the proposed northern lot does riot conform to chapter 110ofthe City Code inthat itisGZ + feet inwidth conmpered to Resolution No, 20,Z2-52 Page of the 75foot minimum width requirement set forth imSection 1]O-276, (iU. The application of Section 98-107(h)(3) —cormer lots for residential u1se shall have a width at ]east 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. (iii). The application of9B-1O7(d')—double and reverse frontage lots should' be avoided unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. (iv). The applications shall betimely processed bythe City imaccordance with the criteria and requirements of the City Code, and the City Council shall render a decision on! the applications in its sole discretion applying the applicable City Code. Nothing herein shall limit orrestrict the Parties from considering other variance requests under Section, 98-4 of the City Code, which later may be deemed necessary by the Parties` to effectuate, the City [Vmmciys consideration and approval of the modified lot split plan filed in accordance with 3(A)above. �. If the modified' lot split plan is approved' each single family home shall have a nnimimourn building footprint ofZ,O0O square feet. 5. During the time period imwhich, the [itY'srepresentatives are seeking the a�pprova] of this Agreement by the City Council and upon such approval, the Parties completing the processing of the applications required by Section 3 above, the special magistrate hearing required by Section 70.51, Florida Statutes shall be stayed and held in abeyance by the Special Resolution No. 2022-32 Page 5 of 9 Magistrate until such time as the City Council renders a final development order on said applications at a public meeting. The City shall file the final development order with the Special Magistrate within three (3) business days of it being issued by the City Council. Upon review of the issued development order, if the Special Magistrate determines that the City Council has approved the modified lot split plan requested by Petitioner in accordance with this Agreement, the Special Magistrate shall cancel the hearing and dismiss Petitioner's Petition for Relief. However, if the Special Magistrate determines that the City Council has not approved the modified lot split plan, the Special Magistrate will schedule and conduct the hearing required by Section 70.51, Florida Statutes as soon as reasonably practicable, unless the Parties mutually agree otherwise in writing and advise the Special Magistrate that the hearing is not necessary. 6. Except for the partiesobligations and performances due under this Agreement, and conditioned upon the approval of the modified lot split plan by the City Council and dismissal of the Petitioner's Petition for Relief by the Special Magistrate pursuant to Section 5 herein, the Parties hereby mutually remise, release, acquit, satisfy, and forever discharge each other, of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, damages, judgments, executions, claims and demands whatsoever, in law or in equity which each party ever had against each other party relating to the underlying facts of the above -styled action, from the beginning of the world to the day of these presents. 7. The Special Magistrate is authorized to enter an order staying and abating the Resolution No. 2022-32 Page 6 of 9 above -styled action while the City's representatives are seeking approval of this Agreement by the City Council, and upon such approval, Petitioner's applications required hereunder are being timely processed by the City and neither party is in default under this Agreement. Such order shall also approve of this Agreement. 8 Should either party materially default under the terms of this Agreement, the non - defaulting party shall provide written notice of default to the defaulting party and an opportunity to cure said default within fourteen (14) days from the date said notice is delivered to the defaulting party. A copy of said notice shall be provided to the Special Magistrate. In the event that the defaulting party is the City, and the City fails to fully and timely cure said default, the Special Magistrate shall schedule and conduct the hearing required by Section 70.51, Florida Statutes, upon the filing of an affidavit by Petitioner attesting to the City's default and failure to timely cure under this Agreement. In the event the defaulting party is the Petitioner, and the Petitioner fails to fully and timely cure said default, the Special Magistrate may dismiss Petitioner's Petition for Relief, upon the filing of an affidavit by City's City Manager attesting to the Petitioner's default and failure to timely cure under this Agreement, unless Petitioner files an affidavit within five (5) business days from the filing of the affidavit by the City Manager demonstrating, by clear and convincing evidence, good cause for said default and providing adequate assurances to cure the default within a reasonable and timely manner approved by the Special Magistrate. 9. The Parties acknowledge that they have had the opportunity to obtain counsel to represent them prior to their execution of this Agreement and they have not relied upon any representations or advice of any other party or opposing counsel before executing this Resolution No. 2022-32 Page 7 of 9 Agreement. The Parties further acknowledge that they have voluntarily agreed to the terms of this Agreement and have not been coerced under any circumstances by any opposing party, counsel or the mediator. 10. The parties and their counsel further acknowledge that: (a) the Special Magistrate is and has remained a neutral, impartial facilitator/mediator for the Parties throughout the mediation required by Section 70.51, Florida Statutes; (b) although the Special Magistrate is a licensed attorney in Florida and may have used his experience to make observations or play "devil's advocate" during the course of the mediation, nothing the mediator did or stated during the mediation was relied upon by the Parties or their counsel as legal services, legal advice or a legal opinion of the Special Magistrate; (c) the Special Magistrate did not make any decisions for the Parties regarding whether to settle their dispute and/or on what terms to settle; (d) the Special Magistrate did not render any legal services or legal advice in connection with the drafting of this Agreement, except as a scrivener; and (e) the Parties have solely relied upon their own advice and/or advice of their counsel for the drafting and execution of this Agreement. 11. This Agreement is the entire agreement between the Parties and any modification or change hereof shall be in writing and signed by all Parties and their attorneys. Except as otherwise provided herein, each party to this Agreement shall bear their own attorneys fees and costs. 12. Should any dispute or legal action arise out of or relate to this Agreement or any of its provisions, each party shall bear their own attorneys fees and costs, through all legal p ceedings and appeals. Resolution No. 2022-32 Page 8 of 9 13. The persons signing this Agreement hereby represent and warrant that they have full and complete capacity and authority to execute this Agreement. 14. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature (including portable document format such as DocuSign) by any or all of the Parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. 15. The Parties acknowledge that the underlying mediation conducted by the Special Magistrate and Parties which resulted in this signed Agreement was required by Section 70.51(17), Florida Statutes, and therefore was conducted in accordance with the requirements of Section 44.401-44A06 (aka the "Mediation Confidentiality and' Privilege Act.") The Parties further acknowledge that all mediation communications shall be deemed confidential and may only be disclosed if allowed by law pursuant to Section 44.405, Florida Statutes. Notwithstanding, the Parties agree that no confidentiality or privilege attaches to this Agreementupon execution by the Petitioner, the representatives of the City participating in the mediation, and the Special Magistrate, and upon such execution, this Agreement may be publicly disclosed by the City as a public record. 16. In accordance with the City's regular schedule to prepare and publish City Council agenda meeting packages, this Agreement shall be presented by the City Manager and City Attorney to the City Council for consideration and approval at the City Council's next regularly Resolution No. 2022-32 Page 9 of 9 scheduled and held meeting foUowing the approval of this Agreement by the Parties. Subject to City Council consideration and approval, this Condition& Mediated Settlement Agreement was approved at Mediation by Petiti ner, the City's duly authorized representatives, and the Special Magistrate on this 28th day of March, 2023. CITY OF CAPE CANAVE By: By: Date: o ley, City Ma Da Anthony A. Garganese, City Attorney Approved by the City Council of Cape Canaveral on this /0 day of April, 2023. By: es Morrlson, Mayor PETITIONERS By: By: A / M chael DiChAto her olette DChristopher SPECIAL MA T T Date: By: Date: Put R peci ag ABBREVIATIONS: END FOUND R&D NAIL t DISK ID IDENTIFICATION Er CENTERLINE SET #4 REBAR & CAP PLAN (0 MEASURE (ID) LS 511 7 1 '.G.Y D.E. PUBLIC ;UTILITIES 3 DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT OCEAN WOODS PARCEL ID: 24-37-14984-4 Di 20.01. BLOCK 9 O Q1 01 0; 0_ 4 SET #4 REBAR & CAP (ID: LS 51171 LOT 20 BLOCK 9 WEST 25,00 FEET 3 LE 0 Iq0 iv 10 SET D: PLS 91171 SEARING REFERENCE LINE N90'09'DO"E 275.00 Pi S89°54'13"E 274.91 (M1 CND 174 REBAR (NO ID) Q X o CL` GRAPHIC SCALE 0 x y, N54°301J0"1 73 20 40 ( 1N FEET 1 1 INCH - 20 FEET X N90'00''CG"E 129.00 BUILDING ENVELOPE I 5D° 21,.40 VACANT LAND !' PARCEL 1 (W 0.17 ACRE. 7529.50 SQUARE FEET l IP1JIEDING ENVELOPE 3,275.32 SQUARE EEETJ 0.079 ACRES s9O`OO DON 68.57 1 ;, 7 BUILDING ENVELOPE a N90'00 00 E 1'7'. BUILDING ENVELOPE N99'O6'OG"14 66.60 VACANT LAND_ 86.0 "" PARCEL 2 "' 0.22 ACRE, 9545,77 SOLARE o 0 BUILDING ENVELOPE 2 3.347.69 SQUARE FEET 0.077 ACRES CURVE DATA: -` RADIUS: 35.00 DELTA» 83'23'10' ARC: 50.94' ©OCCOO1H4 28. 83 a IUILDI7O ENVELOPE SET NOD (ID; PLS 5117) 590c09'00"W 53.93 2' MfAMI CURB (TYP1 CURVE DATA; RADIUS: 60.00 DELTA: B3°23'10" ARC: 87.32' SANITARY SEWER MANHOLE CENTRAL BOULEVARD t80' RIGHT DF WA71 /--FIND #5 REBAR I / (N© ID) - N D 3" x 3" CONCRETE MONUMENT (ID: 8RM L87621 CO CO L4 i.� I1 'ENO 1/2" OUN0 ROD NC 3- X CONCRETE WENT (NU 10) PALM TREE TYP1 'STOP' SIGN METAL LIGHT POLE } "00lBt30B4 SEA 117 STATE OF FLORIDA 7l 5 ONNIXMO "6 0 a 0 KUGELMANN LAND SURVEYING, INC. 30 NORTH 1PDPICAL Rnil- SUITE. B MERRITT ISLAND, FLORIDA 32953 L,3. ND. 6575 PHONE (321) 4 9--0940 MAP 0= BOUNDARY SURVEY PREPARED FOR AND CER'IEIED TO: MIKE DI CHR151UPPIER I. F.GAL DESCRIPTION:. -PARCEL 1. _. !RE NORTH 62,02 FEET LESS THE WEST 25.00 FEET. DE LOT 21. BLOCK 9, CAPE CANAVERAL. BEACH GARDENS UNIT N0.2 ACCORDING TO THE MAP OR PLAT FHERCCF. A5 RECORDED I5 PLAT BOOK 17 ) AG:IS 6 AND 02 F THE PUBLIC RECORDS OF 0R_VANU C OLNTY, FLORIDA. PARCEL 22: 1" 2i. LESS THE NORTH 62.02 FEET AND I SS THE WEST 25.00 FEET=, THEREOF, BLOCK 5. CAPE CANAVERA' BEACH GARDENS UNIT NU. 2, ACCORDING TO THE MAP OR PLAT THEREOF. AS REC0'#0E7 IN PLAT BOOK 17, PACEISI 61 AND 02. OF THE PUBLIC RECORDS OF CREVARD COUNTY. FLORIDA. SURVEYOR'S NOTES: 1. FLOOD 20ND "X' PER FLOOD i'7571ANCE RATE MAP 12,I,'9-0963u", DI/29/20"A:. 2 FENCE OWNERSHIP 0NKh0RN, 1. NO APPARENT ENCROACHMENTS NOTED. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-DF-WAY OF RECORD. ?. . 1'RIS SURVEY WAS. PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEY DOES MOT 'N4RRAR'T TITLE. R. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME CF S_IRV':5. 8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF TILE CLIENT (S) SHOWN REMEDNI COPIES ARE VALID ONLY WHEN SIGNED, DATED AND SEALED WITH THE SURVEYOR'S SEAL. -- REVSSED ``9 AID CITY COMMENTS 03/16/23 '. UPDATED SURVEY 10/25/21i DESCRIPTION -.- DATE LVfSIONS _.-. SIGNATURES --_- DATE `ICLO COMPLETION -__ '0/25f18 DRAiYN: RIL ----. -_--. -_-� 11 /O 1 / 1 6 `. -.. CHECK 0: MJF/„R.4' 11 /0 /18': SURVE'OR: >IELD BD OK A1Ci.81 P 75 DIY:. N0. 2Q=&113_BNDY.DCN SCALE: '." m 20' 1 OF 1 PRO,. No. 20181(3 SURVEYOR'S CERTIFICATE I HEREBY CERTIFYTHAT THE S-RVEY DEPICTED HEREON IS TRUE AND MEETS THE_ MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS 'N Ch P ER 5.I 05 , FLORIDA ADMINISTRATIVE CODE RRELANI TO SECTION 4772 027. FLORIDA STATUTES. David J Digitally signed byDavid) KugKUgelmann li ng Oman Date: 2023.03.1612:54;:47 0400` DAVID J. KUCELMANN P.L.S. NO. 5117 Attachment 4 SPECIAL MAGISTRATE, IN AND FOR THE CITY OF CANAVERAL, FLORIDA, MICHAEL DICHRISTOPHER and COLETTE DICHRISTOPHER, Petitioner v. CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, Respondent ORDER APPROVING MEDIATED SETTLEMENT THIS MATTER came before the Special Magistrate as directed by statute. Having considered the statute, it is hereby DIRECTED as follows: 1. The mediating parties have approved and adopted a Conditional Mediated Settlement Agreement Subject to City Council Approval dated March 28, 2023 (the "Agreement"). A copy of the aforesaid Agreement is attached hereto as Exhibit "A" and by this reference incorporated herein. The Special Magistrate, acting pursuant to Section 70.51(17), Florida Statutes, as the mediator in these proceedings, hereby approves the Agreement and recommends the same to the Cape Canaveral City Council for approval. 2. The mediating parties in this proceeding consisted of Petitioners Michael and Colette DiChristopher and on the part of the Respondent City Attorney Anthony Garganese, City Manager Todd Morley, and Department Director Dickey. The Special Magistrate commends the mediating parties on their professionalism and finds that the negotiations and the mediation were conducted by the parties consistent with Section 70.51, Florida Statutes, and in good faith. Mediation discussions were frank and constructive. Each party successfully advocated and argued their position clearly and strongly, yet acted in a flexible manner aimed at obtaining a successful mediated settlement of the dispute. The Special Magistrate observes that the mediated settlement as reach by the parties is far more desirable to the parties than rulings by the Special Magistrate, or, alternatively, a court of law. 3. Consistent with the Agreement, the parties have agreed and the Special Magistrate hereby orders as follows: (a) The formal hearing originally scheduled to be held on April 21st, 2023, at 1 p.m. at the City of Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida, be and the same is hereby cancelled. All requirements of advertising and preparation for the for al hearing as set forth in the Special Magistrate's Order of February 8, 2023, are hereby vacated. (b) The Agreement must be approved by the Cape Canaveral City Council by not later than May 5, 2023. Upon approval of the Agreement or failure to meet this deadline, the Respondent shall notify the Special Magistrate. (c) If the Agreement is not approved by the Cape Canaveral City Council by May 5, 2023, then the parties have agreed that the formal hearing provided for by Section 70.51(15), Florida Statutes, shall be held on July 28, 2023 at 1 p.m. at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. (d) If the Agreement is approved by May 5, 2023 and the Petitioner timely files for the lot split and variances provided for in the Agreement, approval of the lot split and variances must be approved by the City by not later than September 29, 2023. Upon approval, the Special Magistrate shall be notified and an Order can be issued closing these proceedings. 2 (e) If the lot split and variances are not approved consistent with Agreement by September 29, 2023, then the parties have agreed that the formal hearing provided for by Section 70.51(15), Florida Statutes, shall be held on December 15, 2023 at 1 p.rn. at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. Upon failure to approve the lot split and variances, the Special Magistrate shall be promptly notified by the Respondent. 4. Pursuant to Sections 70.51(17) and 286.011, Florida Statutes, if a formal hearing is to be held, the formal hearing is a public proceeding open to the public, and the hearing will be informal in nature, Notwithstanding the previous statement, fundamental due process will be adhered to. 5. In the event that a formal hearing is required consistent with the foregoing schedule, the Respondent is directed to have its City Clerk to prepare a legal advertisement advertising the formal hearing at the expense of the Respondent. The legal advertisement shall placed in a newspaper of general circulation meeting the requirements of Section 50.011 and 50.031, Florida Statutes, and on the Internet pursuant to Section 50.0211, Florida Statutes, at ten (10) days prior to the date of the formal hearing. The date, time, and location of the hearing, advising that the hearing is open to the public, the purpose of the hearing as being held pursuant to Section 70.51, Florida Statutes, to resolve a petition filed by Petitioner with regard to real property, and further advising the legal description of the property. The legal advertisement shall also include disclaimers consistent with Section 286.0105 and 286.26, Florida Statutes. The Respondent's City Clerk shall maintain copies of the initial petition of the Petitioner, and the response prepared by the Respondent, in the City Clerk's Office available for public inspection during regular City Hall business hours. The legal advertisement shall also advise the public that interested parties may inspect the initial petition of the Petitioner, and the response prepared by the Respondent, during regular business hours in the City Clerk's Office at City Hall, during all weekdays (except during City holidays when City Hall is closed to the public), and may appear and observe the hearing. The legal advertisement should include the name of an individual at City Hall who answer questions regarding the nature of the proceeding and their phone number. 6. Pursuant to Section 286.0105, Florida Statutes, the parties are hereby advised that if they or another person decides to appeal any decision which may be made by the Special Magistrate at the formal hearing that you or said 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 will be based. This notice does not constitute consent by the Special Magistrate 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. 7. In compliance with the Americans With Disabilities Act (ADA) and Section 286.26, Florida Statutes, anyone who needs a special accommodation to participate in the formal hearing should contact the City's City Clerk at (321) 868-1230, ext. 207 at least 48 hours in advance of the meeting. 8. Pursuant to Section 70.51(12), Florida Statutes, Mr. Patrick Campbell sought to participate in the formal hearing schedule for April 21st, 2023. Notice is hereby given to Mr. Campbell of the cancellation of that formal hearing. 9. Notwithstanding the cancellation of the April 21s1, 2023 hearing, the Special Magistrate has been advised that Patrick Campbell has requested to participate in any formal hearing to be held. Pursuant to Section 70.51(12), Florida Statutes, Mr. Campbell is hereby authorized to participate in the hearing. However, Mr. Campbell shall not be granted party or intervenor status. Mr. Campbell's participation is limited to addressing issues raised regarding alternatives, variances, and other types of adjustment to the development order or 4 enforcement action which may impact his substantial interests, including denial of a development order or application of an enforcement action. Notice of the foregoing schedule of events and potential public hearings shall constitute notice to Mr. Campbell of formal hearings that may be required. 10. In the event that a formal hearing is required consistent with the foregoing schedule, pursuant to Section 70.51(13), Florida Statutes, each of the parties must make efforts to assure that those persons qualified by training or experience necessary to address issues raised by the request and further qualified to address alternatives, variances, and other types of modifications to the development order or enforcement action are present at the hearing. The parties are advised that the Special Magistrate may, upon request of either of the parties, issue a subpoena to compel attendance by any nonparty witnesses that the party believes will aid in the disposition of the matter. §70.51 (14), Fla.Stat. 11. By not later than thirty (30) days prior to a formal hearing that may be required, the parties shall advise each other and the Special Magistrate of any witnesses that the party intends to call at the formal hearing, together with contact information for that individual. Requests for issuance of subpoenas will be entertained at that time. All witnesses, including parties, testifying will be placed under oath. Attorneys not testifying as a witness or as an expert but merely presenting a party's case shall, to that limited extent, not be placed under oath. 12. In the event that a formal hearing is required consistent with the forgoing schedule, the Special Magistrate notes that Section 70.51(17), Florida Statutes, provides that the "object of the hearing is to focus attention on the impact of the governmental action giving rise to the request for relief and to explore alternatives to the development order or enforcement action and other regulatory efforts by the governmental entities in order to 5 recommend relief, when appropriate, to the owner." Section 70.51(17), Florida Statutes, provides that "the special magistrate shall consider the facts and circumstances set forth in the request for relief and any responses and any other information produced at the hearing in order to determine whether the action by the [City of Cape Canaveral].. . is unreasonable or unfairly burdens the real property." Section 70.51(18), Florida Statutes, further provides: (18) The circumstances to be examined in determining whether the development order or enforcement action, or the development order or enforcement action in conjunction with regulatory efforts of other governmental parties, is unreasonable or unfairly burdens use of the property may include, but are not limited to: (a) The history of the real property, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was initially used. (b) The history or development and use of the real property, including what was developed on the property and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public. (c) The history of environmental protection and land use controls and other regulations, including how and when the land was classified, how use was proscribed, and what changes in classifications occurred. (d) The present nature and extent of the real property, including its natural and altered characteristics. (e) The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law. (f) The public purpose sought to be achieved by the development order or enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development orders or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the property. (g) Uses authorized for and restrictions placed on similar property. (h) Any other information determined relevant by the special magistrate. 13. Section 70.51(23), Florida Statutes, provides that proceedings pursuant to the statute rnust be completed within 165 days after the filing of the petition for relief, filed in 6 January, 2023. The mediating parties have verbally agreed to the extension of the proceedings deadline consistent with the above schedule. Said extension of time be and the same is hereby approved. 2023. DONE and ORDERED at Indialantic, Brevard County, Florida, this 31st day of March, PUI GougOman $pecitil Magigtrate This Order Approving Mediated Settlement was served by first class certified U.S. Mail, return receipt requested, and by e-mail (as shown) on Anthony Garganese, Attorney for the City of Cape Canaveral at Garganese Weiss D'Agresta & Salzman, P.O. Box 2873, Orlando, FL 32802-2873 (email: agarqaneseP,orlandolaw.net), and on Michael and Colette DiChristopher, at 1765 Rochelle Parkway, Merritt Island, FL 32952 (email - mdichr@aol.com), and to Patrick Campbell, 307 Surf Drive, Cape Canaveral, FL 32920, on the 3rd day of April, 2023. P ul R4e0ou I,rna , Special tviag 7 Attachment 5 City of Cape Canaveral, Florida City Council Regular Meeting • April 18, 2023 Minutes • Page 3 of 6 1. Approve the Minutes of the City Council March 21, 2023 Regular Meeting. 2. Resolution No. 2023-04; reappointing members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Bob Nienstadt and Angela Trulock) 3. Direct Staff to collaborate with, and request from, the Florida Department of Transportation and Space Coast Transportation Planning Organization recommendations for and implementation of interim safety measures, plans, and strategies, with partial support from the City's State Road A1A Replenishment Fund. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda Items 1 and 2. The motion carried 4-0, with Council Member Kellum absent. #3 Discussion ensued and included the costs of the Item and how best to use the A1A Replenishment Fund. Resilience Engineering Services Manager Miller discussed the plan to negotiate with Florida Department of Transportation (FDOT) to reasonably carry the brunt of costs to advance interim safety measures along with some planning study costs. Discussion continued regarding Council desire for crosswalks, the meeting scheduled with FDOT the next day where Council Member Willis and Ms. Miller will discuss these issues, how this would allow the City to resolve safety issues now rather than later, and appreciation for efforts that went into the initiative. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item 3. The motion carried 4-0, with Council Member Kellum absent. PUBLIC HEARINGS: 5. Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Resilience Engineering Services Manager Miller discussed how the community will be impacted regarding the changes to critical infrastructure the NFIP will make. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 04-2023, at second reading. The motion carried 4-0, with Council Member Kellum absent. ITEMS FOR ACTION: 5. Conditional Mediated Settlement Agreement related to the Special Magistrate. Proceeding under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter Michael DiChristopher and Collete DiChristopher, Petitioner, v. City of Cape Canaveral, Florida, Respondent: City Attorney Garganese explained the Item including the statutory process prompted by the Petitioner. Discussion ensued regarding how the lot split issue would come back to the Council should this Agreement be approved. Attorney Paul Gougelman addressed the Council as Special Magistrate in this matter, explained the mediation process and possible outcomes, discussed the best practice for finding a solution instead of going to court, and urged Council's consideration of the Settlement Agreement. Attorney Kimberly City of Cape Canaveral, Florida City Council Regular Meeting • April 18, 2023 Minutes • Page 4 of 6 Rezanka spoke on behalf of the Petitioner, discussed the history of the lot split issue, and requested Council approve the Settlement Agreement. Patrick Campbell, resident, discussed opposition the Settlement Agreement. Marko Hakamaa, resident, discussed opposition to the request for hardship. City Attorney Garganese raised a point of order that Council must only consider the Settlement Agreement rather than variances or hardships so as not prejudice themselves. Discussion ensued and included how the City is currently in the Florida Land Use and Environmental Dispute Resolution Act process and the options before the Council. Mayor Morrison recessed the meeting at 7:43 a.m. The meeting reconvened at 8:01 p.m. Discussion continued regarding the technical aspects of the Florida Land Use and Environmental Dispute Resolution Act. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve the Conditional Mediated Settlement Agreement. Discussion ensued and included next steps depending on approval or denial, support for and 'against approval of the Settlement Agreement, and the Petitioners' choice to move through the statutory process rather than submittal of a modified lot split plan outside of same. The motion carried 3-1, with Council Member Kellum absent and Mayor Morrison voting against. 6. Approve proposal from L7 Construction, Inc. in the amount of $1,380,070 for the complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the City Manager to execute same: City Manager Morley explained the Item. Discussion ensued and included the original estimated cost of $1.2M for the project prior to going out for bid, the difference in warranty between the two companies, why the higher bid was not considered, the criteria Staff must follow to consider the lowest bid first, how in some cases the lowest bid may not always be taken based on certain criteria, and how some company bids may reflect a higher dollar amount based on how busy the company is at the time. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve the proposal from L7 Construction, Inc. Discussion ensued regarding how the anticipated cost estimate was more than double to the L7 bid and why Ovivo did not submit a bid for the project. Capital Projects Director Ratliff discussed Tetra Tech's engineer estimate was $2M and that company was pleased to see the City receive such a low bid for the project. The motion carried 3-1, with Council Member Kellum absent and Mayor Morrison voting against. 7. Approve four (4) proposed resilience -based project funding matches, of up to a combined $150,000 in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications' for critical energy backup needs and flood mitigation: City Manager Morley explained the Item. Chief Resilience Manager Eichholz discussed the benefits of having additional pumps for flood mitigation. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Item 7. The motion carried 4-0, with Council Member Kellum absent. 8. Schedule a date and time in May 2023 for a City Council Workshop to review the Draft Summary Report for Projects presented at the Strategic Planning Retreat of March 29, 2023: City Manager Morley explained the purpose for having the Workshop meeting, presentation of the Items from the Strategic Planning Retreat for Council review and direction to Staff, and the proposed date of May 16, 2023 just prior to the City's 60th Anniversary Celebration planned the same day in the City Hall lobby. Discussion ensued and included the typographical error on the Agenda Summary should reflect Tuesday, May 16, 2023, support for May 16, 2023, and how the draft Summary Report from Doug Thomas will be submitted in time. Council reached consensus Attachment 6 CITY OF CAPE CANAVERAL CHAPTER 98 VARIANCE APPLICATION PACKET Instruction Sheet 2 Information Sheet 3-4 Application and Worksheet 5-6 Radius Package Instructions 7 Application Fee Sheet 8 City of Cape Canaveral Variance Application — 04/2023 Pg. 1 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Instruction Sheet A pre -application meeting with the Community and Economic Development Department is required prior to completion and submittal of a Variance application. The Variance shall be prepared in compliance with the requirements of Chapter 98, Section 4 of the Code. To access the Code, visit www.citypfc@pecanaveralom, [4> click on City Government tab (scroll down left side of page) b click on City Code of Ordinances. This application packet must be completed, legible and submitted with all required documents referred to herein, to the City of Cape Canaveral, Community + Economic Development Department, 100 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or your representative are required to attend the Planning and Zoning Board and City Council meetings in which your request will be considered. You will be notified of the dates and times of meetings. Meetings are held at the City Hall, Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920, unless otherwise stated. The following items must be included. If all items are not included at time of submittal, the application will not be accepted. Variance Submittal Checklist: 1. Completed application -Name of Property Owner -Legal description and certified survey of subject property - Current zoning of property - Basis for the request 2. Power of Attorney, if applicant is not the owner. 3. Payment application fee and escrow deposit. 4. Radius package from Brevard County, including: a radius map of properties located within 200 ft. of the subject property; one (1) set of mailing labels (instructions on page 7). 5. A list of variances from the provisions of Chapter 98 requested, plus the basis for each request (see below for criteria). 6. Copy of recorded deed or Opinion Title for subject property. City of Cape Canaveral Variance Application — 04/2023 Pg. 2 CITY OF CAPE CANAVERAL CHAPTER 98 VARIANCE APPLICATION PACKET Information Sheet Description of Request: (Please describe the full nature of your request. Use specific sections of the City Code that apply to your request. You may attach a separate sheet if necessary.) See attached Description of Request Address of Request. Address not assigned to vacant parcels Legal Description: Cape Canaveral Beach Lot(s): 21.01 & 21.02 Block. 9 Subdivision Gardens Unit 2 Section: 14 Township. 24 Range: 37 Future Land Use and Zoning Designation: FLU policy LU-1.3.3, R-1 Low Density Residential 5.8 lots/acre Statement of Fact: I, Michael A. DiChristopher , being duly sworn, depose and say that: 1 am the property owner. ❑ l am the owner(s) designated agent. (Attach notarized letter of authorization). Owner(s) Name: Michael and ColP.tte DiChristnphPr Mailing Address: 1765 Rochelle Pkwy. Merritt Island, FL. 32952 Phone Number(s): 321-288-4111 mobile, 321-454-4900 home Email: mdichr@aol.com Designated Agent Information (if applicable): Designated Agent Name: Mailing Address: Phone Number(s): Email: City of Cape Canaveral Variance Application — 04/2023 Pg. 3 Description of Request The applicants (DiChristophers) are seeking to modify the Development Order approved by the City on December 20, 2022, as Resolution No. 2022-32 by filing a modified lot split plan (Exhibit "A") that was previously filed under Section 98-66 of the City Code, along with a corresponding additional application requesting three variances pursuant to section 98-4 of the City Code. Variances: 1) A variance from the application of Sec. 98-107(b)(3) standard - 15% rule for the southern corner lot (21.02) 2) A variance from the application of section 98-107(a) - as the proposed northern lot (21.01) is 62+- feet in width compared to the minimum 75 foot minimum width requirement set forth Sec. 110-275 3) A variance from the application of sec. 98-107(d) - double and reverse frontage lots should be avoided The three variances shall be for purposes of seeking approval of the modified lot split plan under the requirements of Chapter 98 of the City Code. The modified plan provides for the construction of one detached, single family home on each of the two lots as shown in Exhibit "A" attached to this application. The applicants seek a variance for Sec 98-107(b)(3)-corner lots for residential use shall have a width at least 15% larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. The modified lot split plan helps to alleviate the application of Sec. 98-107(b)(3) by meeting the minimum requirements of R-1 zoning and providing the appropriate building setback from and orientation to both streets. The modified lot split plan prepared by Kugalman Land Surveying, Inc. dated March 16, 2023 provides legal descriptions for two proposed developable Tots and their respective lot area, lot depth, lot width, setbacks and building envelope. The two lots shall be oriented east to west resulting in the front yard of the northern lot (21.01) facing Ridgewood Avenue, and the front yard of the southern corner lot (21.02) facing Ridgewood Avenue, as well as a front yard facing E. Central Blvd. The side yard of the southern corner lot (21.02) will be adjacent to the north property line, and the rear yard will be adjacent to the western property line. This orientation will result in the southern corner lot having a depth of 117.81 feet and a width of 90 feet: which meets minimum R-1 zoning requirements. Sec 98-107(a) states the size, width, depth, shape and orientation....shall be in conformity with Chapter 110. Sec. 110-1 defines lot frontage as: "Lot Frontage means the narrowest portion of the lot facing on a dedicated, accepted or maintained street right-of-way." The applicants also seek a variance for Sec 98-107(a)- as the proposed northern lot (21.01) does not conform to Chapter 110 of the City Code in that it is 62+- feet in width compared to the 75 foot minimum width requirement set forth in Section 110- 276. Section 110-1 defines Lot Dimension as: "Lot Dimension means as follows: (2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear of the required front setback; provided, however, that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width, except for Tots on the turning circle of culs-de-sac, where the 80-percent requirement shall not apply; provided, however, that all lots shall have a minimum of 25 feet facing a street." A variance of 13 feet would provide 82% of the required lot width substantiating conformity with this section of the code. The applicant lastly seeks a variance from the application of 98-107(d) - double and reverse frontage lots should be avoided unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. Double frontage and reverse frontage Tots have a pair of opposite lot lines along two substantially parallel streets. On such Tots both street lines shall be deemed front lot lines. The original plat Cape Canaveral Beach Gardens Unit 2 shows that only Block 8, Lots 1 through 8 were designed as double frontage and reverse frontage lots (Exhibit "B"). City Ordinance 12-62 required that the orientation of the homes should all face the same way on one of two streets, namely Surf Drive or E. Central Blvd., to be in harmony with the rest of the community. The subsequent creation of Sec 98-107(d) followed City Ordinance 12-62 in later years. However, Block 8 was subdivided and developed at a later date yielding no further double frontage and reverse frontage lots. In relation to the southern corner lot (21.02) of the modified lot split plan, reverse frontage lot also means (www.Iawinsider.com) a double frontage lot located along a collector or arterial (Ridgewood Ave) that derives access from an interior local street (E. Central Blvd.) (see Exhibit "A"). The southern corner lot (21.02) would have a structural orientation with the front of the home facing south as with all of the other homes on E. Central Blvd. to maintain the harmony and character of the community (see Exhibit "C" proposed home elevation facing E. Central Blvd.). In relation to the northern lot (21.01), a reverse frontage lot means (www.Iawinsider.com/dictionary) the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot. The modified lot split plan (Exhibit "A") depicts the northern lot orientation east to west and the home orientation to be the same east to west with it's front facing the arterial collector Ridgewood Ave. Mr. Campbell interprets Sec. 98-107(d) such that the orientation of the home on the northern lot should face E. Central Blvd. and therefore it would not be in harmony and character with the neighborhood and "should be avoided." The appropriate avoidance for Mr. Campbell's concern would be to allow the orientation of the home to face Ridgewood Ave. So as to keep in harmony and character with the rest of the community that have homes on Ridgewood Ave. The applicant therefore requests a variance from the application of Sec 98-107(d) reverse frontage so as to maintain the proper orientation, harmony and character of the subdivision and community, by facing the home on the southern corner lot (21.02) towards E. Central Blvd. and facing the front of the home on the northern lot (21.01) towards Ridgewood Avenue. CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Application & Worksheet Whenever the Planning and Zoning Board finds that hardship may result from strict compliance with Chapter 98, based on applicable criteria and requirements, it may recommend to the City Council that the regulations be varied so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan or these regulations. Variances are to be authorized where they are not contrary to the public interest and where, due to special conditions, a literal enforcement of the terms of the Ordinance would result in unnecessary hardship. The Ordinance sets forth specific conditions which must all be demonstrated by the applicant. If the applicant cannot satisfactorily address all of the following, this should serve as a preliminary indication that the application may be rejected. The conditions are as follows and items (1) through (6) must be answered in full (City Code Section 98-4 (d)) for each Chapter 98 variance requested in this application. (1) That special conditions and circumstances exist, which are not applicable to other lands, structures or buildings in the applicable zoning classification; and See Attached (2) That special conditions and circumstances do not result from the actions of the applicant; and See Attached (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and See Attached City of Cape Canaveral Variance Application — 04/2023 Pg. 5 CITY OF CAPE CANAVE _+L VARIANCE APPLICATION PACKET (4) Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and See Attached (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and See attached (6) The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. See Attached In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this chapter and any ordinance enacted by the city. The city council may also, as a condition of approval, recommend compliance with any site plan or other specification submitted by the applicant when it has relied upon such site plan or specifications in granting the variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Variances granted from a specific requirement of this chapter shall be in full force only as long as that specific requirement is in effect. Furthermore, the city council may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. City of Cape Canaveral Variance Application — 04/2023 Pg. 6 (1) That special conditions and circumstances exist, which are not applicable to other lands, structures or buildings in the applicable zoning classification; and Seeking a variance from the application of Sec 98-107(b)(3) on southern corner lot 21.02 -- corner lots shall have a width 15% larger than interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. The modified lot split plan shows all appropriate building setbacks have been met, and house orientation shall face E. Central Blvd., all other review criteria in Sec 98-66(4)(a-j) have been met, including meeting the R-1 zoning requirements. The special conditions and circumstances that exist in Sec 98-107(b)(3) which are not applicable to other lands, structures or buildings in the applicable zoning classification are specifically located at: 301 Surf Dr. tax acct# 2430036, 8592 Rosalind Ave. tax acct# 2430033, 151 E. Central Blvd. tax acct# 2430021, and 204 Circle Dr. tax acct# 2430032. Seeking a variance from the application of Sec 98-107(a) for northern lot 21.01 which requires a 75 foot minimum lot width dimension requirement set forth in Sec. 110-276. Chapter 110 Sec 110-1 defines lot width dimension as ... that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width,. A variance of 13 feet would yield a lot width of 62 feet and represents 82.67% of 75 feet. Special conditions that exist from Sec 98-107(a) where it is not applicable to other lands, structures or buildings in the applicable zoning classification are specifically located at: 216 Circle Dr. Tax acct# 2430326 is 60 feet wide measured at it's midpoint, 220 Circle Dr. Tax acct# 2430029 is 55 feet wide at it's midpoint, 226 Circle Dr. Tax acct# 2430026 is approx. 66 feet wide at it's midpoint, and 301 Surf Dr. Tax acct# 2430036 which is a corner lot has a width of Tess than 75 ft on Surf Dr. Seeking a variance from the application of 98-107(d)- double and reverse frontage lots should be avoided unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. The modified lot split plan depicts the southern corner lot (21.02) with a building orientation facing E. Central Blvd. in harmony and character with the rest of the neighborhood. The southern corner lot cannot be avoided since it was platted this way. When applying Sec. 98-107(d) to the northern lot (21.01) where it's orientation is east to west, Sec 98-107(d) could be interpreted that the "building orientation" would be north to south and would result the front of the home and garage to face E. Central Blvd., or it's southern boundary which also serves as the side lot line. This scenario "should be avoided" to keep in harmony and character with the rest of the community along Ridgewood Ave. where homes have an east to west orientation towards Ridgewood Ave. (2) That special conditions and circumstances do not result from the actions of the applicant; and The special conditions and circumstances are not a result of actions of the applicant. The subdivision Cape Canaveral Beach Gardens Unit 2 was approved by the City Council prior to City Ordinance 12-62. Subsequent to it's approval, many new ordinances have been adopted that affected the ability of the applicants to develop their property, thereby creating a hardship where similar properties were allowed to be developed, specifically those mentioned in paragraph (1) above including more than 100 illegally subdivided lots without being required to be platted. In addition, the subdivision Cape Canaveral Beach Gardens Unit 2 was administratively rezoned from R3 (according zoning Map history from the City's website) to R1 in 1979 which created additional hardships for many property owners. (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and The granting of the variances requested will not confer on the applicants any special privileges that are denied by the provisions of this chapter to other lands or structures in the identical zoning classification. There are 4 other corner lots similar to lot 21.02 mentioned in paragraph 1 above and 4 other narrow lots similar to lot 21.01 less than 75 feet wide mentioned also in paragraph (1) above, have also not been given any special privilege to be able to build on their property. (4) Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and The literal interpretation of Sec 98-107(b)(3) on lot 21.02 would deprive the applicants of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. More specifically; 301 Surf Dr. tax acct# 2430036, 8592 Rosalind Ave. tax acct# 2430033, 151 E. Central Blvd. tax acct# 2430021, and 204 Circle Dr. tax acct# 2430032, all currently enjoy their property rights without having to meet the criteria set forth in Sec 98-107(b)(3). The application of Sec. 98-107(b)(3) would constitute unnecessary and undue hardship upon the applicants property rights. The literal interpretation of Sec 110-276 minimum lot width of 75 feet is enjoyed by several property owners including 216 Circle Dr. Tax acct# 2430326 is 60 feet wide, 220 Circle Dr. Tax acct# 2430029 is 55 feet wide, 226 Circle Dr. Tax acct# 2430026 is 70 feet wide, and 301 Surf Dr. Tax acct# 2430036 is less than 75 feet wide along Surf Dr. Sec 110-1 allows a reduction in lot width dimension of not less than 80% of the required lot width and the applicants are requesting a 13 foot variance that would yield 82.67% of minimum lot width. The literal interpretation of Sec. 98-107(d) for double and reverse frontage lots should be applied to lots that have frontage on both streets at opposite property lines (Exhibit "B"). Orientation of the homes should be in harmony and character with the rest of the neighborhood all facing in one direction. To apply Sec. 98-107(d) to a "corner lot" that was platted in 1962, this scenario cannot be avoided. However, the applicants agree to orient the southern corner lot (21.02) home towards E. Central Blvd. with the lot orientation towards Ridgewood Ave. (Exhibit "C") The literal interpretation of Sec. 98-107(d) to the northern lot (21.01) could be interpreted to mean that the orientation of the home should also face E. Central Blvd. which would result in the front of the home and garage to face south instead of east towards Ridgewood Ave. Mr. Campbell interprets Sec. 98-107(d) this way and claims this "should be avoided" according to this section of the code. Such a southerly orientation of the home on the northern lot would not be in harmony and character with the neighborhood and "should be avoided." The appropriate avoidance for Mr. Campbell's concern would be to allow the orientation of the home to face Ridgewood Ave. so as to keep in harmony and character with the rest of the community that have homes on Ridgewood Ave. Therefore the applicants request a variance from the application of Sec. 98-107(d) to the modified lot split plan. (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and The variances, if granted, are the minimum variances that were contemplated by the mediated settlement agreement and they will make possible the reasonable use of the land and the building of two single family homes. (6) The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the variances will be in harmony and character with the general intent and purpose of this chapter and such variances will not be injurious to the area involved or otherwise detrimental to the public welfare. The seven aforesaid examples of homes built, namely; 301 Surf Dr. tax acct# 2430036, 8592 Rosalind Ave. tax acct# 2430033, 151 E. Central Blvd. tax acct# 2430021, and 204 Circle Dr. tax acct# 2430032, 216 Circle Dr. Tax acct# 2430326 is 60 feet wide, 220 Circle Dr. Tax acct# 2430029 is 55 feet wide, 226 Circle Dr. Tax acct# 2430026 is 70 feet wide, have for decades not been injurious to the area involved or otherwise detrimental to the public welfare. The applicant's property strongly resembles these properties in size and orientation, and the applicants are requesting the variances to be afforded the same rights as other property owners commonly enjoy in Cape Canaveral Beach Gardens Unit 2. CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Information Sheet (continued) I hereby attest that all information, sketches and data contained and made part of this request are honest and true to the best_of my knowledge and belief. Signature of Applican STATE OF FLORIDA, COUNTY OF BREVARD Sworn to and subscribed before me by means of 0 physical presence or remote audio-visual means, this day of CO4y , 20 ..';; , by _� �'" C',, �,e f A / 11e, , who signed with a mark in the presence of these witnesses: Signature/Stamp of Notary Public: Personally Known or 0 Produced Identification (Type of Identification Produced) City of Cape Canaveral Variance Application — 04/2023 Pg. 4 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Radius Package Instructions Order the "Radius Package" from the Brevard County Planning & Development Department, Graphics Division, located at the Central Brevard County Property Appraiser's Office, Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except on holidays. Instructions: To order a radius package contact the Graphics Division at: (321) 633-2060 or by email at: joanne.adams@brevardcounty.us. You will need the subject property(s) tax ID number, address or parcel ID. The radius package will include two lists of properties located within the 200 ft. boundaries of the subject property and one (1) set of mailing labels. You will be contacted when your radius package is ready for pick-up or mailed. The cost is $40.00. Brevard County will accept payment in the form of cash or check made payable to the Brevard County Board of County Commissioners and credit or debit cards (except VISA). Submit the complete radius package to the Community and Economic Development Department for further processing of your request. City of Cape Canaveral Variance Application — 04/2023 Pg. 7 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Application Fee Sheet Date: 05/15/2023 DiChristopher modified Lot Split as contemplated in Conditional Mediated Settlement Agreement Project Name: Application Submittal Fee Variance $825.00 Please note: there will be an additional fee to be determined upon application submittal for notice mail out to surrounding property owners listed on the Radius Package. Total Application Fee: $ City of Cape Canaveral Variance Application — 04/2023 Pg. 8 OCEAN WOODS ✓ PARCEL ID: 24-37-14-84-A ABBREVIATIONS: FND FOUND x x N8D NAIL 8 DISK ID IDENTIFICATION T I C/L CENTERLINE SET #4 REBAR 8 CAP P PLAN (ID: LS 5117) MEASURE P.U.B D.E. PUBLIC UTILITIES 8 DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT LOT 20.01. BLOCK 9 rsi O N (11 o• Il SET #4 REBAR 8 CAP (ID: LS 5117) w 1 0 0 LOT 20 BLOCK 9 WEST 25.00 FEET (0 0 o w o O c0 L.0 F- m N 6' CLF x GRAPHIC SCALE 0 20 40 ( IN FEET ) I INCH 20 FEET N90°00'00"E 125.00 BUILDING ENVELOPE IN N90°00'00"E 73.90 0 e 25.0 590°00'00"W 68.57 mBUILDING ENVELOPE N90°00'00"E 117.81 ▪ 90° 70 i nl nI 121.40 z' VACANT LAND 10 PARCEL 1 Ii 0.17 ACRE. 7529.50 SOUARE FEET �' U BUILDING ENVELOPE 3.278.32 SOUARE FEET 0.075 ACRES ' m 8 25.0 SET N8D (ID: PLS 5117) BEARING REFERENCE LINE N90°00'00"E 275.00 (P) S89°54'13"E 274.91 (M) (3_ ---/A--- I- -- 1 FND #4 REBAR (NO ID) e BUILDING ENVELOPE N90'00'00"W 66.60 co viI ) �I �o VACANT LAND PARCEL 2 0.22 ACRE. 9545.77 SOUARE FEET BUILDING ENVELOPE /a 3.347.69 SOUARE FEET /E 0.077 ACRES U CURVE DATA: /. RADIUS: 35.00 tP DELTA:: U33'10" ARC: 50.94' 590.00'00'8 28.93 BUILDING ENVELOPE SET N8D (ID: PLS 5117) S90°00'00"W 53.93 2' MIAMI CURB (TYP) CURVE DATA: RADIUS: 60.00 DELTA: 83°23'10" ARC: 87.32' SANITARY SEWER MANHOLE CENTRAL BOULEVARD (80' RIGHT OF WAY) 25.0 O 25.0 FND #5 REBAR (NO ID) FND 3" x 3" CONCRETE MONUMENT (ID: PRM LB762) FND 1/2" GROUND ROD FND 3" x 3" CONCRETE MONUMENT (NO ID) PALM TREE (TYP) 'STOP' SIGN METAL LIGHT POLE pOp❑❑y/p N• "a • v 5117 • • STATE OF 24/ FLORIDA SI "nnnnuu.a`` KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL. SUITE B MERRITT ISLAND. FLORIDA 32953 L.B. NO. 6575 - PHONE (3211 459-0930 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: MIKE DICHRISTOPHER LEGAL DESCRIPTION PARCEL 1: THE NORTH 62.02 FEET LESS THE WEST 25.00 FEET OF LOT 21. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0.2 ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 17. PAGE(S) 81 AND 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. PARCEL 2: LOT 21. LESS THE NORTH 62.02 FEET AND LESS THE WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0. 2. ACCORDING TO THE MAP OR PLAT THEREOF. A5 RECORDED IN PLAT BOOK 17. PAGE(S) 81 AND 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. SURVEYOR'S NOTES: 1. FL000 ZONE "x" PER FL000 INSURANCE RATE MAP 12009C0363G. 01/29/2021. 2. FENCE OWNERSHIP UNKNOWN. 3. NO APPARENT ENCROACHMENTS NOTED. 4. SUBJECT TO ANY EASEMENTS AND/DR RIGHTS -OF -WAY OF RECDRD. 5. THIS SURVEY WA5 PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEY ODES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 8. THIS SURVEY WA5 PREPARED FOR THE ExCLUS)VE US OF THE CLIENT (S) SHOWN HEREON; COPIES ARE VALID ONL WHEN SIGNED. DATED AND SEALED WITH THE SURVEYOR'S SEAL. REVISED TO ADD CITY COMMENTS 03/16/23 UPDATED SURVEY 10/25/21 DESCRIPTION DATE REV/5/ONS SIGNATURES DATE FIELD COMPLETION 10/26/18 DRAWN: KKW 11/01/18 CHECKED: MJF/JRM 11/01/18 SURVEYOR: DJK 11/01/18 FIELD BOOK NO.81 @ 75 DWG. NO. 2018113_BNDY.DGN SCALE: 1" = 20'1 1 OF 1 PROJ. NO. 2018113 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. David J Digitally signed by David J Kugelmann Kugelmann Date: 2023.03.16 12:54:47 DAVID J. KUGELMANN P.L.S. NO. 5117 STATE OF FLORIDA A .5 /BO/V/J/ON /N SECTION / TOM'NSN/P ZI .5 oar.% RANGE 37Exs r BQEVARO COC/NT Y Ft O.Q/OA QESCRi®TION: -.AAR €t.. Al TOE 4401k1A51 €0111 of 5oi 6 a? g `110' 0? 41?Si40 Pg. A MMTs13€€ ImORCR RAM. 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COCOH aEt+CN, F�OtiaDa e,a BLVG ye✓ a.ro0 ea_ .. s ANA v f K AL moo• f +'p / >arr.o...s:1� Beo. to rso KNOW ALL MEN BY rMEY PRESENTS, r2+± kE.PretenrobM sou a r'rnaua Area,. STATE or :LOFOOF G {. COUNTY Or.�®dC <_ 4 TO CERT!FT, (AO or? a 441 '?hMar me, en articer try aWl rkeE as r, sec Pl+y a oP Frca . d 101 n 1/ Le fhe ni2m! dater Gad m, ma sae TPea5 Aka mmve a ounoal ore ac nlerpae ).b e:aa/(¢e Mere - 'RAY dead. IN N!TNESS WIEREOF, (Yam .btta.bS .erY aa�sma'm rM w ea.,,.n ca fay Q 96 7 P 0.5- SWEET Nc 2 PLAT BOOK; r1 AND PAGE fz DEDICATION W ALL MEN BY THESE PRESENTS, That the Corporation named w, being he owner n fee einpie of the lands lemma d in the ongoing captionto deb pia, hereby cleated,. said lands end plat fee the sees and purposes therein eepreued end dedicatee the Streets, eleYs. Bhorauughferea, parka, canals end &dome ...eats shown hereon 4a the peepefwl use of Ps public, and IN WITNESS WHEREOF, hoe causal those presents to be Opted end efteafea' to by Ps of idea named below mid its corporate Leah to be aPnaefrereto . A /. /< r : Prosider1 fed and read en the pneease of: 1/_ STATE OF.Sc.. e.. • et, COUNTY OF-./fic i THIS IS TO CERTIFY, Thatreadw I - R:7.1: L. before me, an Vicar duly authorircd he Ida eaknovkdgmants in Doha and Ceunt1 aforesaid, per ww2y appeared/I, A - ._. reapmveer and to atlabo Praidmn and t. elm/ o' the f St. pawed c aato me ed u1dor the bila,rd of xee State of r eve- me Maw, 4o be the h4126.5e re described 1n end who .ocuted the foregoing e+ne afesDRAMAS. d ce era6y eueh a kdged t5a executionoredly therev3 to be theta free eel ead ae oiheara 4heresnte dehy thereto; and the, that the 2Padh Bald ace andcorporal. is duly eased tharefo; and ihot the paid DadF is the ace add plod of sad corporation PRESS WHEREOF, i here hereto set nd ens send on the above dele. OPARY PUBUC�" ' : r SEA CERTIFICATE OF SURVEYOR %NOW ALL MEN 8Y THESE PRESENTS, ThaP ate undersigned, being a llcanaed end registered bnd sums yam. daps hereby aselfy Shot ore ha compftefiedit4 anwma of Ma leod. ea chows In the f«agoing let, that wid plof'5 cat raFaetentefion of fhe ends Baran datoribed end pMagell..thet pawing rant relarence .m monk hew been pieced de thews fhareet e} eta gwed by Chepfee 1Yt, Porida Statutes: and AO ead Eeed ie Meekdnn. Bre.ard County, Florida. Defied OCT 2 a !402 /...•4 F< Regl.tratien No, 940'g' CERTIFICATE OF APPROVAL BY MUNICIPALITY THIS IS TO CERTIFY, That an 3 n.2To4 eve- l 96 r the Y awe < r c: 5 Pe E: d a.+A ✓er Amy , c,t310a �Y o✓epp, oreei Nun fongeing plat I! A Sawed..-. SAL MAYOR. 2 ATTE5T:- ,r �( „(j,Y. « Iatn('6 CL GtTY CLER#. CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS THIS 15 TO CERTIFY, That an ongoing pet ww apprewd by Me Road et County Cammlesicnma &eyed County, Hello. Attest: Chairman of fhe turd. Clerk of the Board. Approved County Engineer CERTIFICATE OF APPROVAL BY ZONING COMMISSION THIS 15 TO CERTIFY, That co '..t --`2V Zoning Cemmisaion of the ®here Municipally approved the fume plat. ZoningDirac.r. CERTIFICATE OF CLERK HEADY CERTIFY, The, i have exeminad the Ewegaing plat and find ?Art if complies in form with ell the regshmawens v3 CLee'Fr 11I, Wait_Sttaid., and wore Red for record on & ! d C lase Care a the Circuit Court to and her Berard County, Fla. 11111,111111,011 �Inw �Vjf� „IV4WI VW I4 � !(V'IijV 1�vrv11,,W 11 MR II dNt . U IaIOIIU 11\`"I' 'i �l �lu��(Vu �11�1��V ,:: gipl,'rep ilU7�.'IO�A .dC'-', ad an c e to 1114Nw w o R, verse R A 0 0 DICHRISTOPHER, MICHAEL A Mike DiChristopher2430121 2430122 UVE K CT • • ommummimm, YC r 111111braal NENIIMINEW 186180181 86 74 ,1 52124132136 2320 18 112 17 111 89 116 13 99 73 96 5 94 8716793170 50 46 42 135 24 162 90 115 405442428- 103474161159171189129 517314311385110158177133 54951425271915114165127 771 72 53 75 57 68 56 82 48 92 47 66 5817 4 7398 64 9 59 69 611 111302 62 3 52 67 511 76 78 40 79 44 65 411 7 55841016282112911531 9 17215711g881171181681 9 13418416916016318312 130104150138126 1:4,800 or 1 inch = 400 feet Buffer Distance: 200 feet This map was compiled from recorded documents and does not reflect an actual survoT The Brevard County Board of County Commissioners does not assume responsibility for errors or omissions hereon. Buffer Subject Property Notify Property Parcels Produced by BoCC - GIS Date: 4/25/2023 Mi ke_DiChristo phe r_2430121 _2430122 Pagel 8600 RIDGEWOOD AVE UNIT 1311 LLC 8718 COBBLESTONE DR TAMPA FL 33615-4914 AHLERSMEYER, DAN A AHLERSMEYER, CYNTHIA M 8700 RIDGEWOOD AVE, # PH-A9 CAPE CANAVERAL FL 32920-2005 ANDERS, KENT ANDERS, RITA 9225 BROCK RD PLAIN CITY OH 43064- AOUN, JEAN ABI 3642 ROTHBURY DR BELLE ISLE FL 32812-2212 BATERNIK, JAMES 200 S SYKES CREEK PKWY, APT A601 MERRITT ISLAND FL 32952-3373 BEHRENS, JOSEFA F TRUSTEE 8700 RIDGEWOOD AVE #306A CAPE CANAVERAL FL 32920- BILLINGS, ROBERT DEL BILLINGS, MICHELLE BROCCARDO 236 FOX RUN DR VENETIA PA 15367- BONGARD, JAMES H BONGARD, JOAN L TRUSTEES 44212 WINDMILL DRIVE CANTON MI 48187- BUONANNI, WILLIAM STEPHEN BUONANNI, NANCYANNE PO BOX 372 CAPE CANAVERAL FL 32920-0372 9791183 CANADA INC 652 RIVERMADE AVE KINGSTON K7M 7Z6 ON - ALLEN, ROGER ALLEN, ANN 6649 VASSAR RD UNIONVILLE MI 48767-9423 ANOTHER SOUVENIR LLC 1805 WILDERNESS CIR GIBSONIA PA 15044-7437 ARDOLINO, RICHARD J ARDOLINO, BRIGITTE 2575 RIDGE ST YORKTOWN HEIGHTS NY 10598- BATERNIK, JAMES P 200 S SYKES CREEK PKWY, APT A601 MERRITT ISLAND FL 32952-3373 BEHRLE, WILLIAM H,III 8600 RIDGEWOOD AVE, #3209 CAPE CANAVERAL FL 32920-2025 BITTON, EMILY FAIWISZEWSKI, STEVE 27 CRESTWOOD DR WEST ORANGE NJ 07052-2003 BOUDEWYNS, THOMAS A BOUDEWYNS, SANDRA R 2302 LEMAY SHORES DR SAINT PAUL MN 55120-2500 BYRAM, MATTHEW 720 MULLET RD, # 411 CAPE CANAVERAL FL 32920-4547 716 SUN & SAND LLC 188 PAVEMENT RD LANCASTER NY 14086-9519 AAGAARD, CHARLES AAGAARD, DIONNE 6115 W BURRWOOD DR JANESVILLE WI 53548-8682 AMIRKHANI, MORTEZA 3245 SPARLING ST CUMMING GA 30041- ANTON, MICHAEL PAUL ANTON, SOO LEE 469 ELKWOOD TER ENGLEWOOD NJ 07631-1937 BARAN, KATHLEEN M BARAN, ERNEST M 8700 RIDGEWOOD AVE, APTA403 CAPE CANAVERAL FL 32920-2007 BEHRENS, JOSEFA F TRUSTEE 8700 RIDGEWOOD AVE UNITA306 CAPE CANAVERAL FL 32920- BEVILACQUA, JOHN A CASTELLANO, CHRISTINE 4 BEECHWOOD CIR WAPPINGERS FALLS NY 12590-4953 BLES-WEBBER, ELIZABETH 1026 LACONIAN ST SE LEESBURG VA20175-5844 BRACKETT, NORMAN K BRACKETT, MARY J 8712 JASMINE COURT CAPE CANAVERAL FL 32920- CARDINALE, MICHAELA CARDINALE, NELLY 319 E CENTRAL BLVD CAPE CANAVERAL FL 32920- Mike_DiChristopher 2430121_2430122 Page2 CHIARADIO, FRANKA CHIARADIO, LAURAA 422 LAKEPARK TRAIL OVIEDO FL 32755- COLE, TIMOTHY COLE, TINA 118 VT ROUTE 117 JERICHO VT 05465-3140 CONCETTA M BERNE TRUST 8704 JASMINE CT CAPE CANAVERAL FL 32920-2526 COPLEY, DAVID COPLEY, GRETCHEN 205NE1ST ST SATELLITE BEACH FL 32937-3762 DE CANTIS, RICHARD E DE CANTIS, ANNE M 1780 SENECA BLVD WINTER SPRINGS FL 32708- DICHRISTOPHER, MICHAELA DICHRISTOPHER, COLETTE T 1765 ROCHELLE PKWY MERRITT ISLAND FL 32952-5661 DUSCH, FRANCIS W III DUSCH, ROBIN J 104AUTUMN WAY VENETIA PA 15367- ELLIS, GARY B ELLIS, JAN H PO BOX 560985 ORLANDO FL 32856-0985 FILIMON, JOHN EARL P.O. 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ISLAND FL 32952- SUN SURFING LLC 6712 STONEBRIDGE BLVD CHARLESTOWN IN 47111-8830 TAYLOR, SHARON TRUSTEE 9912 W 86TH AVE ARVADA CO 80005- THOMAS, ELAINE A 75 FULTON ST, APT 21 BOSTON MA 02109-1419 TRBOVICH, DAMON,LIFE ESTATE 5409 SANDY HILL DR ORLANDO FL 32821-7916 UNDERWOOD, JAMES T UNDERWOOD, ARLENE 8700 RIDGEWOOD AVE #A211 CAPE CANAVERAL FL 32920- VOLPE, LAURIE BETH KORPICS, JENNIFER LYNN 138 BRANDON RD PENNINGTON NJ 08534-1931 WASDIN, THOMAS E TRUSTEE 29 RIVERSIDE DR PH 602 COCOA FL 32922-8211 WU, CHENG CHAI WU, SHERRY T 10225 COVE LAKE DR ORLANDO FL 32836-3757 YOUNG, GARY 5024 PLEASURE ISLAND DRIVE ORLANDO FL 32809- STINGRAY SOLUTIONS SOLO 401 K 341 CHARLES ST ROCKVILLE MD 20850-1573 TADAIR WHEATON REVOCABLE TRUST HARRIETT S WHEATON REVOCABLE TRUST 2619 CAYENNE AVE C/O CHARLES C POWELL HOLLYWOOD FL 33026-4521 TESTA, GERTHA, LIFE ESTATE MERLE 8700 RIDGEWOOD AVE, APTA209 CAPE CANAVERAL FL 32920-2006 TOWEY, JANELLE 8700 RIDGEWOOD AVE, APTA409 CAPE CANAVERAL FL 32920-2037 TREVIZAN, DANILO M TREVIZAN, NOELLE U 8397 LAKE WAVERLY LN ORLANDO FL 32829-7655 VIROK, ANNETTE M 8600 RIDGEWOOD AVE, 1304 CAPE CANAVERAL FL 32920-2025 WJOSEPH PROPERTIES INC PO BOX 755 GOTHA FL 34734-0755 WILKERSON, BRANDON LEE WILKERSON, ANGELA JEANETTE 4988 DUSON WAY ROCKLEDGE FL 32955-7003 WYROBEK, KRIS 4728 WEST LAKE HARRIET PKWY MINNEAPOLIS MN 55410- ZOLNIKOV, TARA RAVA 500 TREASURE LAGOON LN MERRITT ISLAND FL 32953-7630 Mike_DiChristopher 2430121_2430122 Page7 �.5;c014k) Prepored by and return to: �Michele Brenner .andmark Tide Agency, Inc. 400 East Merritt Avenue, Suite D Merritt island, Florida 32953 File Number. 18-14351 General Warranty Deed Made this July 2, 2018 A.D. By Robert Merkel alkla Robert I Meckel and Joan Meckel s: Joan D. Meckel, husband and wife whose address is: 8700 Ridgewood Avenue 65A, Cape Canaveral, Florida 32920, hereinafter called the grantor, to Michael A. Dicbristopber and ColetteT. Dkhristopber, husband and wife whose post office address is: 1777 Waveerest Street, Merritt Island, Florida 32952, hereinafter called the grantee: (Whenever used herein the tam 'grantor and 'grantee Include all tha parties to this instrum nt and the New, legal representatives and assign of individuals, and the SIJCOCSSOTS and assigns of ) Witoesseth, that the grantor, for and in consideration of the sum of Ten Dollars, (S 10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants,.bargains, sells, aliens, remises, releases, conveys and confutes unto the grantee, all that certain land situate in Brevard County, Florida, viz: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the map or ptat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcel2: Lot 21, less the North 76.00 feet and less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Publk Records of Brevard County, Florida. Parcel 1D Number. 24-37-14-51-941.01 and 24-37-14-51-0-21.02 Together 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, 2017. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed sealed and delivered in our presence: wimas Ptin Name Witness PrintedN State 1of tEeR4Dilt/V Ilif% i County ofBREV ftD /S60aRa1/ �7 The foregoing instrument was acknowledged before me this O� day of J , 2018, by Robert Merkel alkfa Robert L. Meckei and Joan Mfeltel g/Wa � Joao D. who is/are pers natty known me or who has produced //* p �L ���s :flu " . , as identifies on. / / • \\\\y,.._:r�rrrrrurrrr.!_��I��! Li L....... fl'�il.. (Seal) Robert Meckel a!Wn itob'ert L Macke! Add ms: 8700 Ridgewood Avenue 65A, Cape Canaveral, Flodda 32920 (Seal) �/ 0 Joan M ,t--+ a Joan D. ee 1 Address: 87%'Ridgewood Avenue r nidfSA, Cape Canaveral, Florida 32920 P,,< none O'44 , /t4 Print Ninon MyCommission Expires: 11-8-,tea Attachment 7 Variance Worksheet In addition to the application submitted by the Applicant, and any other testimony received by the PZ Board at the hearing, the following information is provided to assist the Board in its evaluation of whether the Applicant's request meets applicable criteria. Hardship. Whenever the planning and zoning board finds that hardship may result from strict compliance with this chapter, based on applicable criteria and requirements set forth in this chapter, it may recommend to the city council that the regulations be varied so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan or these regulations. Requested Variances: 1. Sec. 98-107(b)(3) requires that corner lots have a width at least 15 percent larger than the width of interior lots along both adjacent streets. The proposed Modified Lot Split Plan proposes two lots oriented towards Ridgewood Avenue. The proposed northern lot has a width of 62.02', and the proposed southern lot has a width of 90.00 feet'. Under the proposed Modified Lot Split Plan, the proposed southern lot will be considered a corner lot, and the proposed northern lot will be considered an adjacent interior lot. The proposed corner lot has a width that is 31 percent greater than the proposed northern adjacent lot. Regarding the adjacent tax parcel to the west, the tax parcel to the west is oriented towards E. Central Boulevard, and according to the Brevard County Property Appraiser's website, the width of that tax parcel is 100'. However, the adjacent tax parcel has also not been approved by the City for development purposes (see Res. No. 2022-32). Nevertheless, to meet the 15 percent requirement, the proposed the proposed corner lot would need to have a width of 115' when compared to the adjacent tax parcel. Therefore, a variance of 25' is required as the width of the proposed corner lot is 90'. 2. Sec. 98-107(a) — states that lots will be in conformity with zoning standards in Chapter 110 of Code. As this property is zoned R-1, minimum lot dimensions are 75 feet in width, and 100 feet in depth. As proposed in the Modified Lot Split Plan, the northern lot is 62 feet in width. This represents a 13-foot reduction to the 75-foot minimum width requirement, and correspondingly, is the variance request; and 3. Sec. 98-107(d) — which states that double and reverse frontage lots should be avoided. As indicated on the proposed Modified Lot Split Plan, the proposed corner lot would be considered a double frontage lot as it has frontage on both Ridgewood Avenue, and E. Central Boulevard. Below are Staff comments regarding the requested variances against Code established criteria (Staff comments shown iiir) red). As there are three variance requests (as indicated above), the comments will apply to the requests as indicated by: 1 (Sec. 98-107(b)(3); 2 (Sec. 98-107(a); 3 (Sec. 98-107(d). If more than one number appears, the comments apply to each variance referenced. Generally, in order to address the lot split and variance criteria, and to propose a solution to the dispute, the Applicant proposes a Modified Lot Split Plan that orients the proposed two lots towards Ridgewood Avenue; orients the proposed single-family home on the corner lot towards E. Central Boulevard; maximizes the corner lot size in order to maintain harmony with other lots along E. Central Boulevard; and, maintains the minimum 7,500 square foot lot size requirement for both proposed lots. The proposed Modified Lot Split Plan requires consideration of the afore- mentioned variance requests. 1. Special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; -11-he Crty of Cape Canaverall sullidkAson code has allways techrdcany requfted the dkAson of Oand r.1,to two or more parcells to be pllatted. However, r.), 2010, the COty adopted an exceptOon to the COty's pllattOng ordOnance consktent wOth 11;0()Pda Statutes to perrnOt "Oot splIfts," whOc la are generallOy a dOvOsOon of Iland Onto no more than two parcells. 11......ot splIfts are adopted Day the COty Counc 011 by resollutOon rather than a pllat. NotwOthstandOng, some property owners On Cape Canaverall, prior to 2010, apparentlly sulladMded theft- °and Day recordOng deeds wOth the ClIerk of the Court wfthout notOlyOng the COty, and follOowOng the COty's subdOvOsOon requOrements. Staff has not been ablle to find any records OndOcatOng the AppllOcant's two tax parcells were authorized by the COty. ThOs unauthorized dOvOsOon Day a prevOous owner, Mach occ urred On drca 1984, resullted On the creatOon of seven tax parcells that are vacant, OnclludOng the two tax parcells (11(1 # 24- 51-9-21.01 and Ild. # 24-.3?-14-51-9-21.02) owned by the AppllOcant. "These two tax parcells were sok] severalltOmes Ibefore the AppllOcant acquOred them On 2018. The two tax parcells together onlly constftute a portOon of the o:llatted orig Onall Oot (11......ot 21), and no Monger complly wOth COty sulladOvOsOon standards. The westernmost 25.00 feet of the oPgOnal111......ot 2 is under drfferent ownershOp (Charles IPOndzOak), and the AppllOcant Os not On a posOtOon to reassenallalle Lot 21. AddOtOonalIlly, the subject property Os a comer Oot wOth two frontages a0ong E. Centrall Boullevard and 11"?,Odgewood Avenue, whOc la requOres the comer Oot to meet a Oarger 25-foot setllaacIl< a0ong two propertyllOnes, rather than one for a typOcall Oot wftla onlly one frontage. The sullaject property Aso has a curved radOus a0ong the southeast comer further constraftang the se, OocatOon, and dftnensOons of a futurell:.:NLOOdOng envelope. The genera° area contaOns Oots that are zoned IR-1, and have been developed wftla exOstOng sOnglle-falITHIly homes over the course of severall decades, even though the (ty has no records of these OotsllaeOng approved Day the COty. On addftlon, wh011e there are five other vacant tax parcells that were created from the unauthorized splIfts On drca 1984 by Charles IPOndzOak, the COty Os not aware that any of these tax parcells beOng sok] to other partOes (1/2/.3). 2. The special conditions and circumstances do not result from the actions of the Applicant; "The spec a 0 c ond tolr.)s and c ff.: 1.1 OTIS tanc es do not resu Ot fro 0111 t 011 e act olr.)s of the AppOc ant. See Staff response to Criteria 1 above (1/2/3). 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; Shouki the Moddied 0......ot SpOft POan and subject variances be approved, the Pentbner w IIII be authorized to construct one detac hed, sngOe-lannOy home on eac h of the two proposed Oots. Lac h of the proposed Oots meet the 01110 r) 0'111.1 0111 '7,500 square foot regurement for 0321 zoned propertkk. "The detac hed sr)(;)0e-famOy home use k a use that other 03,-1 property owners n the area enjoy. On adddjon, the proposed Moddied 0......ot SpOft POan requ res the proposed sr)90e-larinOy home on the proposed corner Oot be oriented towards IE. Centra0 Bou0evard, n a manner 01110 Oar to other Oots on E. Centra0 Bou0evard. Nth respect to the northern Oot, the proposed Mod ..fec:i 0......ot SpOt POan requ res the proposed sr)(;)0e-la 0111 0 0 y home to be oriented towards 03,.dgewood Avenue, n a manner consktent wfth other Oots fronnng 03d d 9 ewood Avenue ("1 /2/3). 4. Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; On Sec. 98-1 of Code) Hardship k defined as "an unnecessary 11-)aftdOfty to use the appOk:ant's Oand ft.) accordance wfth the zonkIg ordftlances and Oaws or Oand use offiftlances whk1) exkts due to condldons or ch-cumstances peculiar to the applicant's Oand and does not resuOt fro 1111 t 011 e actons of the appOc ant." "The two tax pa rc ells owned by the AppOc ant were aeated under c ond torls or c ff.: umstances pec u0kir to the AppOcant's Oand, and not resuldng fro 0111 the AppOcants acnons. "1""he hktory of the subject Oand k desaibed ft.) detad ft.) the („nty Counclirs Deve Oop Itilent Order (Attac 011 0111 ent 1). "The genera° area c ontans Oots that are zoned 032 1 , and have been deve0oped for res cient all purposes, even though the (“.fty has no rec ord of 0111 a ny of these Oots Open(;) approved by the (3 ty. Shouki the Mod ..iec:i 0......ot SpOt POan and subjec t variances be approved, the Petftbner \MOO be authorized to construct one detached, sr.»).)0e- fa 0111 0 Oy 0110 0111 e on eac h of the proposed two Oots, wO-Ic h sadsfy the 01110 r) 0'111.1 0111 S C:1 1.1 are footage requ rement. "T"hk k a use that other 03,-1 property owners n the area enjoy (1/2/.3). 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; Of the Board k r)(.: 0 rleci to approve the Moddied 0......ot SpOft POan, the proposed variances are the 0111 0 110 OT1 LAT) needed to maxh-rdze the corner Oot whde makItakIhig the 01110 110 OT1 LAT) "7,500 square foot Oot slze requ re 0111 ent for both proposed Oots (1/2). 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. -11-he surroundOng area Os characterized Opy a variety of sOnglle and mulltklarn011y resOdentOall d ev e0 op OT1 e n t. Zon O ng s u rroundOng the su bject pa rc ell Os: 11'Z-1 to the north, south and west; and 11'Z-3 to the east. "The proposed Modthed Lot SpIlOt IPIlan and vahances \NOD° not resullt On deve0oplrilent havOng an adverse O OT1 OD ac t on the Ooc all road network, water, sewer, and other publlOc servOc es, and \NOD° pro OT1 0 te the order Ily Ilayout and use of °and Opy OTIaOntaOnOng the 0'1110 nO OT1 00...1 OT1 '7,500 square foot Oot sOze requOrement, and orientOng the proposed sOnglle-la OT1 0 0 y holrile on the proposed northern Oot to 11"?,Odgewood Avenue, and the proposed holrile on the c or ner Oot towards IE. Centra 0 Bou 0 eva rd. "The proposed Modthed Lot SpIlOt IPIlan \NOD° lac 011Otate a use consktent wOth the sOnglle-la OT1 0 0 y resOdentOall uses On the kmmedOate area, and as stOpullated On the Settlement Agreement, eac h sOnglle-fam011y home shall° have a 0'1110 nO OT1 00...1 OT1 OD 00...1 0 OdOng footprOnt of 2,000 square feet, sO OT1 0 Oar to exOstOng homes On the area. Furthermore, the Settllement Agreement stOpullates that On order to maOntaOn the orientatOon of homes On the O onmed kite area towards E. Centra 0 Boullevard, the proposed home on the corner Oot shall° Ope oriented towards E. Centrall Boullevard. "The sOze of the corner Oot was maxO OT1 0 zed to maOntaOn harmony wOth other Oots a0ong E. Centrall Boullevard, wh011e maOntaOnOng the 0'1110 nO OTI00.01 OT1 '7,500 square foot Oot sOze requOrement for Opoth proposed Oots. "The proposed Oots are genera 011y consktent wOth many of the 0 ots On the su r ro undOng a re a (1 /2/.3).