HomeMy WebLinkAboutcocc_resolution_no_2023-23_20230920CFN 2023202061, OR BK 9892 Page 1754, Recorded 09/21/2023 at 01:42 PM Rachel M.
Sadoff, Clerk of Courts, Brevard County
1
RESOLUTION 2023-23
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ADOPTING A DEVELOPMENT
ORDER APPROVING AN APPLICATION FILED BY MICHAEL
AND COLLETTE DICHRISTOPHER, HUSBAND AND WIFE, FOR A
PROPOSED MODIFIED LOT SPLIT PLAN AND THREE
ASSOCIATED VARIANCES UNDER CHAPTER 98 OF THE CITY
CODE RELATED TO 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, in accordance with a Conditional Mediated Settlement Agreement by and
between the City and Michael and Collette DiChristopher, husband and wife ("Applicant"), dated
March 28, 2023 and approved by the City Council on April 18, 2023, the Applicant submitted a
modified lot split plan and three associated variance requests pursuant to Chapter 98 of the City
Code seeking a waiver from the platting requirements and several associated variances to
recognize the subject Property as two separate and independent developable lots for purposes
of later seeking a development permit from the City to develop the Tots with two detached,
single family homes 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 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.
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").
City of Cape Canaveral
Resolution 2023-23
Page 1 of 3
OR BK 9892 PG 1755
WHEREAS, having heard and considered the arguments, 'evidence and testimony
presented, and having reviewed the entire record and being otherwise fully advised, the City
Council hereby issues a development order approving the Modified Lot Split Plan and three
associated variances requested under Chapter 98 of the City Code and setting forth Findings
of Fact, Conclusions of Law, and Order as set forth attached Development Order.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 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; Recording. This Resolution and attached Development Order
shall become effective immediately upon adoption by the City Council of the City of Cape
Canaveral, Florida. This Resolution shall be recorded by the City Clerk in the Official Records of
Brevard County.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of
September, 2023.
ATTESTtE(CitySeal)i
db 'A' _`'
`4n
Mia Gofort , CM
City Clerk
Wes Morrison, Mayor
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
City of Cape Canaveral
Resolution 2023-23
Page 2 of 3
•
For Against
Seco►id
M t on
OR BK 9892 PG 1756
s
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2023-23
Page 3 of 3
OR BK 9892 PG 1757
1
1
Resolution No. 2023-23 I Attachmelnt
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: September 20, 2023
Application: Proposed Modified Lot Split Application (Sec. 98-66, City Code) and Three
Associated Variances (Sec. 98-4, City Code)
/
On August 15, 2023 a modified lot split application and three associated variance requests
were duly noticed and heard before the City Council of the City of Cape Canaveral ('City Council°)
pursuant to Chapter 98, City of Cape Canaveral Code. Having heard and considered the
arguments, evidence and testimony presented, and having reviewed the entire 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 August 15, 2023 City Council Agenda Item, and the evidence and
testimony presented at the hearing, the City Council finds and concludes:
1. Michael and Collette DiChristopher, husband and wife ("Applicant"), submitted
the original 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. 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:
I
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.
1
OR BK 9892 PG 1758
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. On December 20, 2022, the City Council adopted Resolution No. 2022-32 adopting
a development order denying the original lot split application. However, the City Council, so as
not to deprive Owner of all property rights to develop the Property (also referred to in the
development order as the "Remainder of Lot 211, recognized 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.
4. 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 to the circuit court of the City Council's decision to adopt Resolution
No. 2022-32, and invoking the Special Magistrate (hereinafter referred to as the "SM") proceeding
required by the Act.
5. 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, and conducted a mediation.
During the mediation, a Conditional Mediated Settlement Agreement (hereinafter referred to ,as
"Settlement Agreement") was reached subject to Council's approval at a duly noticed meeting.
On March 31, 2023, SM Gougelman issued an Order Approving Mediated Agreement approving
the Settlement Agreement and setting forth a variety of deadlines and contingencies depending
on the outcome of future decisions made by City Council (hereinafter referred to as "SM Order").
6. On April 18, 2023, the Council considered the SM Order and approved the
Settlement Agreement allowing the Applicant to present a proposed Modified Lot Split Plan and
several 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.
7. The proposed Modified Lot Split Plan is attached hereto as EXHIBIT "A." and
hereby fully incorporated herein by this reference.
8. The three associated variances requested by the Applicant, and under
consideration by the City Council, are related to specific requirements set forth in Chapter 98' of
the City Code. The variance requests were particularly described as follows:
2
OR BK 9892 PG 1759
(1). Sec. 98-107(b)(3) requires that corner Tots 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 southem lot has a width of 90.00 feet'. Under the
proposed modified lot split plan, the proposed southem 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 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 Tots 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 modified site plan, the proposed comer lot would be
considered a double frontage lot as it has frontage on both Ridgewood Avenue, and E.
Central Avenue.
9. On July 26, 2023, the Planning & Zoning Board conducted a duly noticed public
hearing regarding the Applicant's proposed Modified Lot Split Plan and associated variances
under Chapter 98 of the City Code, and recommended by a 4-3 vote that the City Council deny
the application. 1
10. On August 15, 2023, the City Council conducted a duly noticed public hearing
regarding the Applicant's proposed Modified Lot Split Plan and associated variances under
Chapter 98 of the City Code, and by a 3-2 vote approved the application subject to memorializing
the decision in writing.
11. Section 98-66 of the City Code of the City's Subdivision regulations govems 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: j
(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
'3
OR BK 9892 PG 1760
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 Tots, 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 Tots 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 Tight 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.
12. The variances requested are related to the design requirements for lots established
under the City's subdivision regulations set forth in Chapter 98 of the City Code. Chapter 98
expressly provides its own variance process which is set forth in Section 98-4. Section 98-4 states
that a variance to the City's subdivision regulations (Ch. 98, City Code) 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, Section 98-4(d) of the City 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
4
OR BK 9892 PG 1761
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 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.
13. Having heard and considered the arguments, evidence and testimony presented,
and having reviewed the entire record and being otherwise fully advised, the City Council hereby
concludes that the proposed Modified Lot Split Plan and the three associated hardship variances
described herein comply with the applicable criteria set forth in Section 98-66 and 98-4 of the City
Code.
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT
IS HEREBY ORDERED AS FOLLOWS:
The Owner's Modified Lot Split Plan for two proposed developable lots on the Property
and their respective lot area, lot depth, lot width, setbacks and building envelope is hereby
approved subject to the following conditions set forth in the Settlement Agreement
1. 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.
2. 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.
3. Each lot shall be limited to the construction of one detached, single family home
and other accessory structures in accordance with the current R-1 zoning district and other
applicable codes. Each single family home shall have a minimum building footprint of 2,000
square feet.
4. 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.
1
I
5. Notwithstanding the approval of the Modified Lot Split Plan, nothing herein shall
prevent the Owner from choosing to submit a building permit application to construct only one
detached single family home on the Property provided the structural orientation of the single
family home is oriented towards E. Central Boulevard, and in accordance with the current R-1
15
OR BK 9892 PG 1762
zoning district and other applicable codes.
DONE AND ORDERED at Cape Canaveral, Florida, this 20t' day of September, 2023.
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Wes Morrison, Mayor
Approved as to legal form and sufficiency for
the City off ape Canaveral only:
Anthony A. Garganese, City Attorney
6
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ABBREVIATIONS:
FND FOUND x X
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ID IDENTIFICATION T
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P.U.6 D.E. PUBLIC UTILITIES 1
6 DRAINAGE EASEMENT
P.U.E. PUBLIC UTILITIES EASEMENT
LOT 20.01.
BLOCK 9
LOT 20
BLOCK 9
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BUILDING ENVELOPE 3.278.32 SQUARE FEET'l
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0.077 ACRES
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// CURVE DATA:
minus, 35.00 /.9
DELTA: 03'23'10'
ARC: 50.94•
BUILDING ENVELOPE r+ CURVE DATA:
RADIUS: 60.00
DELTA: 83'23'10"
SET N8D A ARC: 87.32'
(ID: PLS 5117)
SET N&D-\\:S90.00'00'8 53.93
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METAL LIGHT POLE
j�•. STATE OF
�y FLORIDA.; W
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KUGELMANN LAND SURVEYING, INC.
30 NORTH TROPICAL TRAIL. SUITE B
MERRITT ISLAND. FLORIDA 32953
L.B. N0. 6575 - PHONE (321) 459-0930
MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED
TO: MIKE DICHRISTOPHER
LEGAL DESCRIPTION:
PARCEL 11
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)
BI AND 82. OF THE PUBLIC RECORDS OF BREVARD
COUNTY. FLORIDA.
PARCEL 2:
LOT 21. 1E55 THE NORTH 82.02 FEET AND LESS THE
WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANAVERAL
BEACH GARDENS UNIT N0. 2. ACCORDING TO THE MAP
0R PLAT THEREOF. AS RECORDED IN PLAT BOOK 17.
PAGEIS) 81 AND 82. OF THE PUBLIC RECORDS OF
BREVARO COUNTY. FLORIDA.
SURVEYOR'S NOTES:
1. FLOOD ZONE 'X' PER FLOOD INSURANCE RATE MAP 12009C03630.
01/29/2021.
2. FENCE OWNERSHIP UNR1W1N.
3. NO APPARENT EPIERCH NYENTS NOTED.
4. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS -OF -HAT 06 RECORD.
5. THIS SURVEY HAS PERFORMED Y1TH011T THE BENEFIT OF A
TITLE SEARCH.
6. SURVEY DOES HOT WARRANT TITLE.
T. UNDERGROUND FOUNDATIONS ARD/0R UTILITIES NOT LOCATED
AT TIME OF SURVEY.
B. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE
CLIENT (5) MIN HEREON; COPIES ARE VALID ONLY 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
REVISE
SIGNATURES
DATE
FIELD COMPLETION
10/26/16
DRAWN: KKW
11/01/18
CHECKED: MJF/JRM
11/01/18
SURVEYOR: DJK
11/01/18
FIELD BOOK NO.81 a 75
DWG. N0. 2018113_BNDY.DGN
SCALE: 1' a 20'I1 OF 1
PRDJ. 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 DIgltatlysigned b/DavtdJ
Kugelmann
Kugelmann D: 202303.16 )234:47-04'00'
DAVID J. KUGELMANN _P.L.S._NO._5117
STATE OF FLORIDA
EX\-;i b;