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HomeMy WebLinkAboutcocc_p&z_mtg_minutes_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. MINUTES CALL TO ORDER: A meeting of the Planning and Zoning Board took place on July 26, 2023, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL. Chairman Russell called the meeting to order at 6:00 p.m. The Board Secretary called the roll. ROLL CALL: MEMBERS PRESENT: Lamar Russell John Price Susan Denny Steven Stroud Nancy Gentilquore Dr. Michael Miller Eugene Thorpe OTHERS PRESENT: David Dickey Kyle Harris Anthony Garganese Renee Yother BCSO PUBLIC PARTICIPATION: None OLD BUSINESS: NEW BUSINESS: A. Board Matters: Chairperson Vice Chairperson Board Member Board Member Board Member Board Member Board Member Director, Community & Economic Development Senior Planner City Attorney Board Secretary 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). City of Cape Canaveral, FL Planning and Zoning Minutes — July 26, 2023 Page 2 of 4 Mr. Dickey gave the Board a detailed summary of the Applicant's request with a slide presentation, which consisted of an aerial view of the Modified Lot Split Plan for the Board to consider. The first slide shown represented the orientation of Lot 21 and of the oriented structures. The second slide shown was the original plat of Lot 21. The third slide shown gave view of how lots 19, 20 and 21, were unlawfully divided into seven lots by the owner at the time, Charles Pindziak, in circa 1984. Mr. Dickey reminded the Board that on April 18, 2023 Council approved the Settlement Agreement. The Settlement Agreement did not formally approve the proposed lot split and corresponding variances. In compliance with the Settlement Agreement, on May 16, 2023, the Applicant submitted a Modified Lot Split Plan application and three variance requests under Sec. 98. Staff presented the Board with two handouts. One handout showed addresses and acreage for single family homes within the vicinity of Lot 21. The second handout was an aerial view showing the orientation of the lots and structures. Mr. Garganese reminded the Board what the conditional Mediated Settlement Agreement approved by City Council: allows the applicant to modify his application and present the Modified Lot Split Plan and three variances to City Council for consideration. The Board's role is to review the Modified Lot Split Plan and the three variances application requests and provide a recommendation to the City Council. Mr. Garganese suggested the Board focus only on the Applicant's application requests, not on the technical legal issues. Kim Rezanka, with the law firm Lacy Lyons Rezanka, is present on behalf of Mr. and Mrs. DiChristopher. Mrs. Rezanka provided an enlarged map view of Lot 21 and lots on East Central Boulevard, Canaveral Beach Boulevard, Surf Drive and Ridgewood Avenue. She explained the handout is to depict which lots in this area were subdivided without City approval. She gave some history of the subject parcels informing the Board that a year ago, Mr. Allen, of Allen Engineering, concluded the parcels were consistent with the Code and met the criteria established in Section 98-66. The corner lot has been enlarged so the variance request would be less than as depicted in the original lot split. Mrs. Rezanka read Chapter 110-1 of the Code regarding width dimensions of a lot. She stated that if the DiChristopher's are not able to build a home on each lot, then they are being treated differently since other lots that were split illegally have houses on them. She requested that the Board approve the three variances that are stated in the staff report. No questions from the Board. However, Chairman Russell and Vice Chairman Price thanked the staff for the preparation of the Agenda Packet presented to the Board. Discussion ensued regarding the size of the two lots with concern of their configuration and use. Kay Jackson of 8600 Ridgewood Avenue thanked Mr. Dickey for the work he put into the Agenda Packet. Ms. Jackson has concerns about possible legal precedence with the lots north west of the DiChristopher's lots not having road access. She is concerned about Charles Pindziak selling those City of Cape Canaveral, FL Planning and Zoning Minutes — July 26, 2023 Page 3 of 4 lots without road access and the City having to spend tax dollars on a repeat scenario. As a real estate investor for over thirty years, she feels this should not be dealt with at a City level, but should be taken back to the realtor who sold the lot and said it could be split and to Charles Pindziak who did a redefining of the lot without the City's approval. She is not in favor of the lot split. Patrick Campbell of 307 Surf Drive stated he expects the Ordinances to be followed to protect the community. He gave testimony that Mr. DiChristopher is a seasoned real estate broker and builder. He asked the Board for clarification of which lot is being split. He is not in favor of the lot split and suggested the approved development order be honored. Discussion continued of variances, lot width, and Mrs. Rezanka explaining how Lot 21 became a split lot. Mrs. Rezanka further informed the Board that Mr. DiChristopher has filed thirty-one Code complaints, which are pending, regarding improperly split lots in the general area. She asked for the Board to approve the variances and lot split. Mr. Campbell referred to a case regarding a developer wanting to build two houses on one lot. Mr. Garganese informed the Board that the case Mr. Campbell referenced falls under a Chapter 110 (Zoning Code) Variance, which does not allow lot width variances. Mr. Garganese indicated that the subject request is being processed under and authorized in Chapter 98 — Subdivision Regulations. Chairman Russell asked for a motion be submitted for approval of the variance request 2.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)". Mr. Dickey suggested new language to help avoid confusion. "A variance to the provision that the creation of double or reverse lots should be avoided.': Motion to approve the variance request made by Board Member Stroud, seconded by Board Member Gentliquore. Vote carried 5-2 to approve the motion with Chairman Russell and Board Member Gentilquore voting against. Chairman Russell asked for a motion for approval or disapproval of the variance request 2.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'"• Mr. Dickey suggested new language: "A variance of 13' to the required width of 75' for the proposed northern lot.". Motion to disapprove the variance request made by Board Member Denny, seconded by Board Member Miller. Vote carried 5-2 to approve the motion with Vice Chairman Price and Board Member Stroud voting against. Chairman Russell asked for a motion for approval or disapproval of variance request 2.a. "A variance of 25' to the required width of 115' of the proposed corner lot. This will result in an approved width of the corner lot of 90"'. Motion to approve the variance request made by Board Member Stroud, seconded by Vice Chairman Price. Motion failed. Vote carried 4-3 with Chairman Russell, Board Member Denny, Board Member Gentilquore and Board Member Miller voting against. City of Cape Canaveral, FL Planning and Zoning Minutes - July 26, 2023 Page 4 of 4 Chairman Russell asked for a motion to deny the first variance request, 2.a. Board Member Gentilquore motioned to deny the variance request, seconded by Board Member Miller. Vote carried 4-3 to approve the motion with Chairman Russell, Board Member Stroud and Board Member Thorpe voting against. Chairman Russell asked for motion to deny the Modified Lot Split Plan. Board Member Miller motioned to deny the Modified Lot Split Plan, seconded by Board Member Gentilquore. Vote carried 4-3 to approve the motion with Vice Chairman Price, Board Member Stroud and Board Member Thorpe voting against. REPORTS AND OPEN DISCUSSION ADJOURNMENT: The meeting adjourned at 8:26 p.m. Approved on this 15 714 wwrun �,1,L1,41-e0 Lamar Russell, Chairman Renee Yotl�e�, Board Secretary day of 7 [ 4J e.4 , 2023