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Home My WebLink Aboutcocc_boa_mtg_agenda_packet_20241205CAPE CANAVERAL BOARD OF ADJUSTMENT (BOA) City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 December 5, 2024 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION The Board of Adjustment (BOA) will allow public comment on any item on the agenda at the time each agenda item is considered by the Board, with the exception of ministerial items (e.g., approval of agenda, minutes, informational items, or ceremonial proclamations), emergency items and other items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida Statutes. Quasi-judicial items shall require a public hearing, and public comments will be accepted at the time the hearing is opened. The Board ordinarily will not take any official action under the "Reports and Open Discussion" section of the agenda and, accordingly, public comment on these items will not ordinarily be accepted. Should any official action be deemed necessary on an item under "Reports and Open Discussion" or an item added to the agenda during the meeting, public comment will either be accepted prior to official action being taken or will be accepted when the item is placed on a future agenda for further consideration. The Board may limit citizen comments to three (3) minutes if large numbers of citizens are present to comment, except when additional time is required to afford due process for quasi-judicial items. OLD BUSINESS NEW BUSINESS A. Board Matters: 1. Approval of Meeting Minutes — April 18, 2024 2. Interview Candidates for Board Vacancy — Elena Whitehead B. Public Hearing: 3. Consideration of Variance Application No. 2024-01; Robbie and Carly Dias, Applicant and Owner, requests a variance to reduce the minimum required setbacks for property located at 8810 North Atlantic Avenue. REPORTS AND OPEN DISCUSSION ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community and Economic Development Department (868-1220, ext. 117) 48 hours in advance of the meeting. BOARD OF ADJUSTMENT (BOA) City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday April 18, 2024 6:00 p.m. MINUTES CALL TO ORDER: A meeting of the Board of Adjustment (BOA) took place on April 11, 2024, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Mr. John Bond called the meeting to order at 6:00 pm. The Board Secretary called the roll. ROLL CALL: Members Present: John Bond Chairman Stephen Slaton Vice Chairman Lewis G. Brewer Board Member Others Present: Kyle Harris Patti Roth Absent: Steve Hepp Anthony Garganese NEW BUSINESS: Senior Planner Code Enforcement/Administrative Assistant Board Member City Attorney A. Board Matters: 1. Approval of Meeting Minutes — April 27, 2023 — Mr. Webb made a motion to accept the April 27, 2023 minutes, seconded by Mr. Slaton. The motion carried unanimously. 2. A motion was made by Mr. Bond to elect Mr. Brewer as Chairman and seconded by Mr. Slaton. The motion carried unanimously. A motion was made by Mr. Slaton to elect John Bond as Vice Chairman and seconded by Mr. Brewer. The motion carried unanimously. BOA Minutes April 18, 2024 Page 2 3. Chairman Bond introduced Arvo Eilau to the board. Mr. Eilau lives at 550 Jackson Avenue, Unit 204. He has been a resident of Cape Canaveral for about 20 years and served on the Board of Adjustment for 4 years and was the Chairman 3 of those years. That was approximately 8 or 9 years ago and he decided to come back to help the city in any way he can. A motion was made by Mr. Bond to appoint Mr. Brewer to serve on the Board of Adjustment and seconded by Mr. Slater. The motion carried unanimously. Mr. Eilau will still need to get City Council's approval. Their next meeting is scheduled for May 21 st. Councilman Don Willis was present and thanked the board for their service. A motion was made by Mr. Brewer to adjourn and seconded by Mr. Slaton. ADJOURNMENT: The meeting adjourned at 6:09 p.m. Approved on this day of 2024 John Bond, Chairman Patti Roth, Board Secretary ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, BOARD OF ADJUSTMENT (BOA) DECEMBER 5, 2024 REGULAR MEETING • ITEM #3 Subject: Consideration of Variance Application No. 2024-01; Robbie and Carly Dias, Applicant and Owner, requests a variance to reduce the minimum required setbacks for property located at 8810 North Atlantic Avenue. Department: Community and Economic Development Summary: The applicants request relief of minimum setback requirements on one lot located within the R-2 (Medium Density Residential) Zoning District. Yard Adjacent Land Use Required Setback Requested Setback Variance Front (West) Right-of-way 25' 20' 5' Rear (East) 2 single-family houses 15' 8' 7' Side (North & South) South: townhouse North: City park 15' 10' 5' Per Section 110-37(b) and 110-27(b) of the Cape Canaveral Code of Ordinances (CCCO), the Community Appearance Board shall only approve a variance application based on affirmative finding as to each of the following criteria, with or without conditions. (1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) Literal interpretation of Chapter 110 (Zoning) would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the chapter and would work unnecessary and undue hardship on the applicant. (3) The special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. (4) Approval of the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (5) The request is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building, or structure upon the lot. (6) Approval of the variance will be in harmony with the general intent and purpose of Chapter 110 (Zoning) and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Additionally, under CCCO Section 110-27(e), the Board must find consistency with the City's Comprehensive Plan. A few years ago, the City rezoned the property from C-1 (Low Density Commercial) to R-2, despite the lot having geometry heavily out of conformance with the standards of the R-2 District. The lot depth is about 3/4 the required footage while both the lot width and area are more than double the requirements. As such, the lot is unique but aligns with the intent of the R-2 District to promote City of Cape Canaveral BOA Regular Meeting • December 5, 2024 Agenda Item # 1 Page 2 of 2 areas free from congestion and overpopulation, promote the residency of families, and enhance and maintain the residential character and integrity of the area. The parcel's Future Land Use Designation under the City's Comprehensive Plan is R-2, allowing a maximum of 15 dwelling units per acre, under which the owner could construct up to 4 dwelling units. The property shares its southern and eastern border with low -density residential (2 single-family and 1 townhouse) and sits due south of Wagner Pocket Park containing permeable walkways, stormwater swales, a native wildflower butterfly garden, xeriscaping (over 300 plants and trees), and bike, pedestrian, and pet facilities. The lot under consideration is subject to 35% maximum coverage. To comply with the standard requirements applicable to lots otherwise in conformance with R-2 geometries would yield a buildable area that is approximately 20-36' deep by 100' wide. Given the park and the power lines running along the north edge of the property as well as having the shortest lot depth across the trapezoidal property, Staff recommends conformance with the side setback on its north property line. As no other Zoning District permits a rear setback less than 10', Staff recommends approval of a 5' rear setback variance to 10'. Staff supports approval of the other two variances as requested. Attachment: Application excerpts and satellite imagery Community and Economic Development Staff recommend the Board take the following actions: Approve the request to allow up to 20' front setback, 10' rear setback, and 10' side setback on the south property line at 8810 North Atlantic Avenue. Approved by Director: Brianna Soat Date: November 27, 2024 � I Niflffp 1111 �uuuuuuuuuuliu� 1000000000000001111111111411111111 00011111111111111111111111111111111111111111111111111 N 1 ;xJ IViMMIu IIIII;;;II �Iw I III InIIIidIIIIIIIIIIIIIIIIVu„ "�uull�llllllllllllllll�l�lllllll��lliiirk,��IIIm�61IImIIIIIII��;g;w'I"I'w�lo��"y""1IINv!vvw�„1I�;, 000011111111001 111011111111111 ��I 0�„ 010011011111 �� ^IIII muuuui uIIIIIIIIIIIIIII ,XX811111 j III �u'III111 hliiil 11" dl wn nIIIIII AYIII m dlllvllillillllllllilll Yi l '4np�R uuhNIullVul' "'' �6 %or uuI "' �IP� Iglu ,x'« Wei„um i111 ////'; rl�, ''ril'''mlglmyi II' µ d,' II IIIII'lp 111111lllu II11il „' ,puull, PrI1' I�I'9N' Iluu IIIIIIIVIIIh"'I,',4imll'u4^I' illy, Ntl pllllhjl110 "II d IliINlllllo 1 lulu"�, IVIII uuIIIIIudII�1 VI 1I,I,Im '1VIII1h1h1 I1111 „1,1lVuu1.11.N11,Iuo„ AIL uIIIPI Ih„ +III I'm IN+'m Im I�� 11'�V �IyI I116 VI' II IIVIW III NI uw� � lonl'I0 4'uI 01I1,,ruI,1I;IV1oII001„011IgIII10,001 VJ„146!lul "'"al uu1IIII0II1111111111111111o111111111111111111111 1 1 1l�illllll I�61 maIIIIIV +oI 111 ld Imwuu lln Yu111 111111111100ff, 111111111111 1�11.1 IIIII IIIIIIIIII '111 i�luii 'l1111 II IIIIII °id'IIIIIII 'I'Iu, ^V!'iil6 6ulsil'^Ilm I hhhhhhhhhi uu du'Yiii 11i11N11M1i'Nhjl�l'I��M��'unu�',�IIII,I'�h',I '111 11111111111111111111111111 II 0IIII�I Ii11i1i1i1111 nplI;'11 /jii r', ��1��i"\IIIIII:,11,1111�II��l 1"'NIII�IIYIImmiIII1IIIV'6�I11II��I�I11I NN " M�°°/ IIYIIh1l��1lllulp uluuulwY ' �y'' liJllll.11111llllllllllllllllllll 1111111111111111111 i iiii�i I i vtt rZ 0 z 4 4 111 ose 0 " No. 0415 # c STATE OP IP 4 0 n e* ' suss' (SIGNED) A N 89"56'16t 53.40' WALL VI? FfNCL, 2.2' FOUND 518' CAP IRON ROD LB #266, 0.3' S.W. PORTION OF LOT A (INCLUDED) THIS IS A VACANT LOT FOUND 5/8` CAP IRON ROD NOLO., 1.3' BOUNDARY SURVEY 0.7' 0.9' 76.52' REMAINDER OF LOT A (NOT INCLUDED) SURVEYORS C.E1r1FICATE I HEREBY CERTIFY THAT 14S BOUNDARY SURVEY IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL, OR A RAISED EMBOSSED SEAL AND SIGNATURE. KENNETH J OSBORNE PROFESSIONAL SURVEYOR AND MAPPER 106415 FOUND VT IRON PIPE NO Digitally signed Kenneth by Kenneth ipsborne Osborne fille:2017.°1.8 141715 -0500' ,g-g)&1-PLUMft§,, LOT 1 LOT 3 SEA SIIELL CAY NORTH (PLAT BooK 4S. PA 'F. 31 ) FOUND 5/8" CAP IRON ROD LB #6710, 9.4S.W LOT 2 OF HARBOR HEIGHTS WEST (PLAT BOOK 48, PAGE 31 FOUND exe CONC. MON. NO ID., agmw FOUND VT IRON ROD NO/.D., 3.1' SW SURVEY NOTES THE PROPERTY WAS VACANT AT THE TIME OF THIS SURVEY THERE ARE FENCES AND A WALL NEAR THE BOUNDARY OF THE PROPERTY LB #7893 SERVING FLORIDA 6250 N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE (561) 64041300 STATEWIDE PHONE (800) 226.4807 STATEWIDE FACSIMILE (800) 741-0576 WEBSTre. Itiogitargelsurveyingiret Free SD export fr loorP anne CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Information Sheet Description of Request: (Please describe the full nature of your request. Use specific sections of apply request. You may attach sheet if .) ant c Avepnuean eht of -way rather thian the 5 t1) Tol a low ty for e a hat t front y° yard setback from the N. Atlantic 0 20 foot a9 feet required by Section 110-536(a)(2), City Code; and 2) To allow for an 8 foot rear setback rather than the 15 foot as required by Section 110-297 (a)(4), City Code and 3) To allow for side setbacks of not more than 10 foot rather than the 10% or 15 feet as required by Section 110-297 (a)(2). Address of Request: 8810 N.Atlantic Avenue, Cape Canaveral FL 32920 Legal Description: Lot(s): A ...__� ._.... Block: .. _ Section: 24 _. Township:37_ ...._.. Range: 14 Subdivision: TUTENS Future Land Use and Zoning Designation: R-2 RESIDENTIAL Statement of Fact: Robbie and Carly Dias I am the property owner. ❑ I am the owner(s) designated agent. (Attach notarized letter of authorization). Owner(s) Name: Dias and CarlyDias Robbie __.. Mailing Address: Phone Number(s): Email: Designated Agent Information (if applicable): Designated Agent Name: Mailing Address: Phone Number(s): _,... Email: . . being duly sworn, depose and say that: City of Cape Canaveral Variance Application — 09/2021 Pg. 3 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 Applicant: • A STATE OF FLORIDA, COUNTY OF BREVARD Sworn to and subscribed before me by means of means, this 12 day of S witnesses: Signature/Stamp of Notary Public::l 0 Personally Known oroduced Identification e (Typ of Identification Produced) l physical presence or 0 remote audio-visual 201gw byh a mark thenpresence of these signed City of Cape Canaveral Variance Application — 09/2021 Pg. 4 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Application & Worksheet 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 before the Board is empowered to grant the Variance. 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 (A) through (F) must be answered in full. (City Code Section 110-37). A. That special conditions and circumstances exist, which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The land has been in this configuration since at least June 29. 1982 according to OR Book 2373, Page 2978. The current lot does not conform to the requirements of the R-2 zoning classification per Sec. 110-297. This property was administratively rezoned from C-1 to R-2 by the City of Cape Canaveral in 2021 for the purpose of better reflecting the residential nature of the surrounding area. The Zoning Code requires a minimum lot size of 7,500 square feet for a single-family lot, with a minimum lot width of 75 feet and a minimum lot depth of 100 feet. This lot is over 13,000 square feet, has a lot width of 165.59 feet, and a lot depth of 76.52 feet on the south side and 53.4 feet on the north side. B. That literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would put unnecessary and undue hardship on the applicant. In the Presidential Streets hborh neighborhood g..e. of the City, which is primarily zoned R-2, lots tend to have a depth of at least 100 feet, whereas this lot is 76.52' at its deepest point on the southern property line. This odd, unique lot configuration creates a challenge when the Zoning Code is strictly enforced. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. EThe odd, nonconforming ... o ng lot dimensions are peculiar to the land, and do not result from any action of the applicant. The applicant's land has been in this configuration since at least June 29. 1982 according to OR Book 2373, Page 2978. There had previously been a variance approved for a commercial structure on this property on March 8, 2017. The approved variance had similar setbacks to what the applicants are requesting. City of Cape Canaveral Variance Application — 09/2021 Pg. 5 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET D. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the Ordinance to other lands, structures or building in the same district. Granting the Variance will not confer on the applicant, any special privilages that are denied by the Ordinance to other lands, structures, or building in the same district. E. That the reasons set forth in the application justify the granting of the Variance and that the Variance, if granted, is the minimum that would make possible use of the land, building or structure. The reasons set forth in the application justify the granting of the Variance and the Variance, if granted, is the minimum that would make possible use of the land, building, or structure. F. That the granting of the Variance will be in harmony with the general intent and purpose of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The granting of the Variance will be in harmony with the general intent and purpose of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. While these conditions may seem unduly harsh and stringent to the individual applicant, it must be remembered that the Zoning Ordinance was enacted for the benefit of the community as a whole and requires an organized and controlled pattern of the community's development. It should be noted that the difficulties or hardships relied upon must be unique to that particular property (e.g. peculiar lot shape) not general in character, since difficulties or hardships shared with others in the area go to the reasonableness of the zoning generally and will not support a Variance. If the hardship is one that is common to that area, the remedy is to seek a change of the zoning classification for the neighborhood. City of Cape Canaveral Variance Application — 09/2021 Pg. 6