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HomeMy WebLinkAboutMeeting Minutes relating to Sea Shell Cay North special exceptionPlanning & Zoning Board Meeting Minutes January 25, 2006 Page 2 Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the site plan for Villa Campania. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment - Special Exception Request No 05-15 to Allow Residential Use in the C-1 Zoninq District (Harbor Heights West Subdivision) - Lot 3, Section 14 Township 24 South Range 37 East John Johanson, for Triple J Investments LLC Petitioners Todd Peetz, City Planner, advised that the property is zoned commercial with an expired special exception for residential use. The petitioners were asking for a special exception for residential use to construct three units. Discussion was held regarding the previous granted special exception. He advised that the property is surrounded by multi -family residential to the north, single family to the east, a single family to the south, and commercial to the west. He verified that he completed the special exception worksheet. He advised that stormwater and drainage would be reviewed during the construction plan review. He noted that there was one shared driveway access proposed for the three units, which would be addressed during the staff review of the replat. Discussion followed. Mr. Peetz advised that the three proposed residential units were more compatible than if the property was used as commercial. Discussion was held regarding the previous special exception that was just recommended for approval by the Board which is located almost adjacent to this property. Discussion continued regarding compatibility. John Johanson, Petitioner, testified that he was proposing three residential units; 22-30% lot coverage, leaving as much open space as possible; R-2 allows for six units, only proposing three units; the property was purchased last October; he had no idea why the previous owner did not build. Judith Lowe, 211 Coral Drive, advised that this lot was located between two single family residences. She submitted photographs into the record. She noted that Harbor Heights is the only single family residential, low density neighborhood in Brevard County, that is next to the beach where the residents don't have to cross a main road. She advised that multi -family would take away from the single family residential character of the neighborhood. She advised that the property was listed for sale as a single family lot. Ms. Lowe commented that the developer was trying to cram three townhouse units on a 58 ft. wide lot. She advised that 73 neighborhood residents have signed a petition against the granting of this special exception. She noted that there is a very large Oak tree located in the middle of the lot that would be destroyed. She pointed -out that the lot was replatted for one single family home. She requested that the special exception be denied. (The audience applauded in support of her comments.) Daren Johnson, 346 Coral Drive, advised that she purchased her property in 1995 because it was in a unique neighborhood of all single family homes. She further advised that rodents have become a nuisance. She asked that the City keep the neighborhood single family, as it was meant to be. She voiced her opinion that the proposed project is incompatible. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 3 David Lackstrom, 432 Beach Park Lane, advised that there is a 10 ft. easement between the Villages of Seaport and Harbor Heights that is not being maintained. He questioned if the traffic study for N. Atlantic Avenue has been completed. He noted that it is almost impossible to go out onto N. Atlantic Avenue with the existing traffic volume. Don Foley, 224 Coral Drive, advised that he lives within three to four houses from this site. He noted that the approval of this request would negatively affect the value of his home. He did not want commercial being built on the property, or multi -family, but would prefer a single family residence. Keith McCoy, 204 Coral Drive, advised that he owns the single family residence next door to this site. He noted that if this project is approved, a single family home will be surrounded by multi -family townhomes. He advised that the property drops seven feet from N. Atlantic Avenue and there exists a large drainage area on the lot. He explained that if fill is brought in to raise it and a pad poured, the water would drain into his yard. He advised that there was already water runoff from the Villages of Seaport. He noted that there already exists a townhouse at the entrance of Harbor Heights that has a drainage problem from the new townhouse project adjacent to it that did not exist before. He advised that the lot did not have room for adequate landscaping. He voiced his opinion that townhomes are not compatible. Rita Perini, 247 Coral Drive, advised that Harbor Heights is the sole treasure of Cape Canaveral, and that building on this property would destroy the trees and wildlife that live in the area. Franklin Martin, 382 Coral Drive, advised that he has lived at his residence for 40 years. He noted that many years ago he was the Chairman of the Planning & Zoning Board. Hp nriviccri that tho Rngrrl IeinrLor7 �..�r�. h.-..-.-1 4— ...i,..:.., n14 e • u v vvw u vvvl nc.0 V UI i 1 ICII U W 111011 Ildll I R- I LW1 III Ig.. MU volceO nis opinion that the City should preserve the existing single family neighborhood, and it would be wrong for the Board to grant this special exception. Shannon Roberts, 703 Solana Shores Drive, advised that she supported the comments to preserve what the City has and the comments made by the residents regarding the increase of traffic on N. Atlantic Avenue. She complimented the residents for coming out and voicing their concerns. She advised that the residents of Shorewood, Solana Shores, and Solana Lakes are very concerned about the increased density in the area and the traffic congestion on N. Atlantic Avenue. Jim Graver, 358 Coral Drive, advised that the property was already platted as a single family lot. Coral Drive is not designed to take on extra traffic. He noted that there were already single family dwellings on either side of this property. He voiced his opinion that the City should preserve single family in this neighborhood. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 4 Arlene Balestrieri, 204 Coral Drive, opposed the request as she lives next door. She advised that the request is totally incompatible with the neighborhood. She noted that the previous property owner had replatted the lots into three individual lots for three single family residences. She went around the neighborhood with a petition and received the signature of every one she approached, without hesitation. She advised that the school bus is late almost everyday because it can't get out onto N. Atlantic Avenue due to the traffic congestion. She noted that the lot was for a single family residence, and hoped that the City honors what the lot is supposed to be. Hans Saurenmann, 349 Coral Drive, advised that if the City grants this special use, then he will expect the same. He advised that he is the only resident in Harbor Heights that could profit from what the petitioner wants to build, because he is the only one in the neighborhood with a strip of land between Ocean Oaks and Harbor Heights, 2,633 ft. long and 20 ft. wide. He further advised that if the City approves this plan, he can build a three story building with at least four units on his property and sell it off. Chairperson McNeely summarized the audience comments. Vice Chairperson Russell summarized that multi -family use is approved at the corner and to the south, the area is zoned C-1 which needs to be rezoned R-1 to make it compatible with the neighborhood; the main issue is compatibility; multi -family use should not encroach any further into this established and unique single family neighborhood, with existing residence that purchased their home to live in this single family area. Donald Dunn, Board member, agreed with Vice Chairperson Russell. John Johanson, Petitioner, rebutted a few of the audience comments. He explained that 50% coverage of the site is allowed by code, he only proposed 22-23% coverage; the lot is zoned commercial, not R-1 single family; the units will be an average of 1,900 sq. ft. with nn S winrnrpm cnllinnnrir,,n of Qnnn nnn ,.hi,.4, ..1-J -J. .J_L-__L r__.__ ,.1_ _ ^•••• ..•. y .,,.....y tj w� v1 aywv,vvv, VYIIw11 VVUUIU IIUL UCUaCL IrUlil Ile neighborhood; the developer will install heavy landscaping; the code allows a density of 6 units, only proposing 3 units; the developer is not trying to negatively impact the neighborhood; it is not financially feasible to construct a single family residence on this lot; there is no plan to build commercial at this time because residential use would be the best option. Judith Lowe, 211 Coral Drive, commented that the property has been vacant and zoned commercial since the early 1960's; anyone who performs a demographic survey would see that commercial is not feasible at that location. She asked that the City rezone the property to R-1 single family residential, as it was intended to be, and make it compatible with the neighborhood and adjacent properties. (The audience applauded in agreement with her comments.) Planning & Zoning Board Meeting Minutes January 25, 2006 Page 5 Following discussion the Board members concluded that: A special exception is not a vested right. It is a speculation on obtaining special use permission. 2. This is an established, unique neighborhood of single family, one story homes. 3. The main criteria for a special exception is neighboring compatibility. 4. This is not a compatible use. Motion by Lamar Russell, seconded by Donald Dunn to recommend denial of the special exception request because it is not compatible with the surrounding use. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adiustment - Special Exception Reguest No 05-16 to Allow On -Premise Consumption of Alcoholic Beverages Section 15 Township 24 South, Ranae 37 East Parcel 25 (8959 Astronaut Boulevard) A1A Acquisition Group Ltd LLP Petitioners Todd Peetz, City Planner, advised that a hotel is exempt from the 2,000 ft. distance requirement from other like establishments. Patrick Looney, representative for the Petitioner, testified that the alcoholic beverages would be served in the bar, restaurant, and patio area. He advised that the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and hnrcri'no� niroc fr.,m rz•Qn 7•0n 1Nv-I.0v JJ.111. The Board members reviewed the submitted site plan depicting the areas where the alcoholic beverages will be served. Discussion followed. Todd Morley, Building Official, verified that the area where the alcoholic beverages would be provided consisted of a total of 18 seats. Todd Morley read a letter from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Pat Looney, representative for the Petitioner, rebutted to the letter explaining that the bar is to primarily serve the hotel guests as an added amenity; there would be no advertising signage inside or outside the bar; and the use will keep hotel guests from driving to drink somewhere else. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of Special ExcPption Request No. 05-16 to the Board of Adjustment. Vote on the motion carried unanimously. 5. Discussion Re: Tourism in the C-1 Zoning District Todd Peetz, City Planner, advised that a special workshop meeting has been scheduled with the City (�nunril Planning & Zoning Board, and Business Cultural and DeVElopnlenI Board on January 31. 2005 at 5.301 n m to diccl lcc thic iccl to City of Cape Canaveral Board of Adjustment Meeting Minutes February 13, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 13, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. Susan Chapman, Board Secretary called the roll. MEMBERS PRESENT: Earl McMillin Constance McKone Paula Collins Catherine Barnes MEMBERS ABSENT Robert Laws OTHERS PRESENT: Susan Chapman Todd Peetz Kate Latorre Bea McNeely Lamar Russell Chairperson Vice Chairperson Board Secretary City Planner Assistant City Attorney Ex -Officio Member P & Z Vice Chairperson All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Motion to Approve the Meeting Minutes of January 23 2006 Motion by Catherine Barnes, seconded by Constance McKone, to approve the meeting minutes of January 23, 2006. Vote on the motion carried unanimously. 2. South, Range 37 East - John Johanson. for Triple J Investments LLC Petitioners. Earl McMillin, Chairperson, advised that he and Catherine Barnes both attended the last Planning & Zoning Board meeting to hear the discussion regarding the City rezoning the property to R-1. He verified that none of the Board members attended the meeting when the Planning & Zoning Board made its recommendation regarding this request. John Johanson, Petitioner, testified that he was requesting a special exception to construct three single family residential homes; six units are nlinwed by City code; only 23% lot coverage is proposed; there will be lots of open space, trees, and landscaping; there have been other special exceptions granted for R-2 use adjacent to R-1; he believed that residential is compatible; his attorney believes that the request is correct; he understands the community's concern, but it is not his intention to negatively impact the neighborhood. He verified that there is a single family home to the east and south, Villages of Seaport to the north, a vacant lot to the west, and the corner lot to the south has a granted special exception for R-2 use. He stated that he is not part of the Sea Shell Cay project. Board of Adjustment Meeting Minutes February 13, 2006 Page 2 Connie McKone, Vice Chairperson, advised that it was her understanding that the property is zoned commercial with an expired Special Exception for residential use. Todd Peetz advised that it was for R-2 use, granted in 2002. The property was subsequently divided into three single family residential lots. He clarified that after 12 months, a special exception expires unless a certificate of occupancy has been issued, however, a one-time extension of time may be granted. He explained that any conditions placed on a special exception remain in effect regardless of who the property owner may be. Todd Peetz, City Planner, advised that the Petitioner has provided elevations. He noted that townhomes are required to have three parking spaces per unit. The City has some concern that if someone parks on the main driveway enterance, then access will be blocked to all the units. Judith Lau, 211 Coral Drive, advised that she has lived there since 1994; she is concerned that there is a proposed multi -family at the corner because they were told that the City would get in trouble if the special exception request was not granted; in the year 2000, there were three single family lots; lot 2 was purchased and a single family residence built, lot 3 is this request for R-2 use which is between two single family residences; this is the only single family residential neighborhood in the City; there are only three vacant lots remaining in Harbor Heights, which have been vacant since the 1960s; it is a low density; single family residential neighborhood; to build a four-story office building with 40 parking spaces on this property is also not compatible with the neighborhood; Harbor Heights is the only public access for the residents to get to the beach because it is the only subdivision that is not gated. Ms. Lau noted that there was a sales flyer, dated 1999, from Trafford Realty, selling the property as single family lots. Hans Saurenmann, 349 Coral Drive, reiterated the points made by Ms. Lau. He entered into the record a drawing, dated 1989, showing the lots replatted as three single family lots; a sales flyer, dated 1999, from Trafford Realty, listing the units for sale as single family lots; and a plan of a proposed commercial building provided by the Petitioner (Exhibits A, B & C). Mr. Saurenmann pointed -out that the drawing of the commercial building did not show the 25 ft. setback requirements. Todd Peetz, City Planner, advised that the Petitioner met with City staff last week for a pre -application site plan meeting to review the pians of the proposed commercial project. Mr. Saurenmann advised that he owns commercial property behind his house next to Ocean Woods, if he uses his 20 ft. he can build townhomes. Marie Savickas, 232 Coral Drive, advised that the neighbors look out for each other in this single family residential neighborhood; the two-story townhouses will look down into two one-story single family homes; and this request takes away from the integrity of the neighborhood. Board of Adjustment Meeting Minutes February 13, 2006 Page 3 Donald Foley, 224 Coral Drive, commented that if the Petitioner wants to minimize the effect then he should build a single family; he agreed that multi -family is better than commercial. He advised that this is the City's opportunity to right a wrong and questioned how the community should ask the City to consider rezoning the lot. Earl McMillin, Chairperson, responded that the residents should make their request to the City Council. Karen Johnson, 346 Coral Drive, commented that it is her understanding that the City owned the property many years ago, and questioned why the City couldn't buy it back. She suggested that the property be used for a park or nature preserve. She advised that there are so many vacant commercial buildings already existing between Cape Canaveral and Cocoa Beach that she didn't understand why someone would want to build another one. She further suggested that with all the recent growth, the City should take a look at what's going on in the City. Keith McCoy, 204 Coral Drive, advised that he lives next door to this property; he would not be opposed to a single family residence being built there, but a 2 -story townhouse would be looking into his bathroom. He voiced his concerns regarding stormwater runoff and drainage. He verified that he has lived at this address for four years. James Greever, 358 Coral Drive, advised that every owner in the neighborhood wants a single family residence built on this property; if the City is concerned about this the City needs to change the zoning to R-1. Earl McMillin, Chairperson, explained that the previous owner had a granted special exception to build single family residential and the special exception expired. Todd Peetz, City Planner, explained that the zoning has not changed, the use has changed. Earl McMillin advised that rezonings go through the Planning & Zoning Board with recommendation to the City Council. Joseph Ross, citizen, advised that he had lived in Harbor Heights since 1961, but does not currently reside there. He voiced his opinion that the request is not compatible with the neighboring properties. Lamar Russell, 376 Harbor Drive, advised that he lives in Harbor Heights and has been a member of the Planning & Zoning Board for 22 years. He advised that a long time ago, the property was rezoned commercial by the property owner. He advised that the Planning &Zoning Board recommended that City Council include N. Atlantic Avenue in the current moratorium. The request was not granted because members of the Council have development interests in the area. At last Wednesday night's Planning & Zoning Board meeting, the Board elected to wait until the Board of Adjustment makes a decision on this request. He explained that as a Board member, he can ask for an agenda item for rezoning. He believed that the City should fix this because the community will be better served if the property was zoned R-1. He noted that the constitution allows for a municipality to take property, but the owner needs to be compensated, Board of Adjustment Meeting Minutes February 13, 2006 Page 4 Catherine Barnes asked what the Board's options were. Earl McMillin advised that the Board could grant the request; grant the request with limitations; postpone for further consideration; or deny the request. He pointed -out that the Planning & Zoning Board had unanimously found this request to be incompatible. Lamar Russell, Vice Chairperson of the Planning & Zoning Board, explained that the Board considers factors such as noise, traffic, and compatibility among other things. He voiced his opinion that commercial is not compatible, multi -family is not compatible, a single-family residence is compatible. The audience applauded. John Johanson, Petitioner, commented that Lamar Russell was the only member of the Planning & Zoning Board that did not want residential in the commercial zone along N. Atlantic Avenue; the Building department is very tough on enforcing stormwater retention and drainage requirements; it is not his intent to threaten any one, and he does not want to negatively impact the City; he offered the property to any one who wanted to buy it; by City code definition, a townhouse is a single family attached, not multi -family; he has already made an offer to sell the property to the City, he met with the City Manager last Friday, and will submit a written offer to the City, and will give the City 20 days to reply. He noted that one single family residence is not feasible because he already has over $300,000 dollars invested in the property. Hans Saurenmann, citizen, agreed that the City should consider purchasing the property. Keith McCoy, property owner next door, verified that the Petitioner had offered the property to him for whatever they already had invested in the property, but was not interested in purchasing it. Bennett Boucher, City Manager, advised that an offer was made by the property owner of Sea Shell Cay to sell that property to the City. He advised that the City is concerned regarding the removal of two specimen trees on that property. City Council will discuss the issue at next Tuesday night's Council meeting. He confirmed that Mr. Johanson met with him last week to discuss the possibility of the City purchasing the Sea Shell Cay North property. He noted that the City's Comprehensive Plan encourages the City to acquire property for a park on the Northeast quadrant of the City. Judith Lowe, citizen, commented that it appeared that the City has many options regarding this property: the City can buy it back, condemnation, taking, or rezoning. However, the options would not give the property owner the same level of profit. Motion by Earl McMillin, seconded by Paul Collins, to postpone the Special Exception request for 30 days to see what the City Council is going to do with the offer for the City to.purchase the property. Discussion followed. Kate Latorre, Assistant City Attorney, reviewed the Board's various options. Catherine Barnes asked if there was any public display back when the original special exception was granted. Todd Peetz responded that the Special Exception was granted for three single family residences. He explained that the Special Exception included Lots 1-3, Harbor Heights West Subdivision. Lot 2 was the only lot built on where a single family residence now exists; and the Special Exception has since expired. Motion by Earl McMillin, seconded by Paul Collins to amend the main motion to postpone the Special Exception request until March 13, 2006 because the Board normally meets on Monday evenings; and to here additional evidence if any is forthcoming. Vote on the amendment to the motion carried unanimously. Vote on the main motion carried unanimously. Board of Adjustment Meeting Minutes February 13, 2006 Page 5 3, Special Exception Request No. 05-16 to Allow On -Premise Consumption of Patrick Looney, General Manager of the Residence Inn and representative for the Petitioner, testified that the target date for the hotel to open is March 9th; the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and horsd'oeuvres from 5:30-7:30 p.m., Monday -Thursday; the bar is a convenience for mainly guests, however will be open to the public. Discussion followed regarding the other hotel within the City that has the same type of use. Todd Peetz, City Planner, read a letter into the record from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Todd Peetz confirmed that the request met all distance requirements. Motion by Connie McKone, seconded by Catherine Barnes, to grant Special Exception Request No. 05-16. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:25 p.m. ApprzMed this 3 ( day of 2, 2006. Earl McMillin, Chairperson i SusanChapman Sadretary cicc t) i 2 Cc,(- City of Cape Canaveral Board of Adjustment Meeting Minutes March 13, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 13, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. Susan Chapman, Board Secretary called the roll. MEMBERS PRESENT: Earl McMillin Constance McKone Paula Collins Catherine Barnes MEMBERS ABSENT Robert Laws OTHERS PRESENT: Susan Chapman Todd Peetz Kate Latorre Bea McNeely Lamar Russell Bennett Boucher Chairperson Vice Chairperson Board Secretary City Planner Assistant City Attorney Ex -Officio Member P & Z Vice Chairperson City Manager All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meetina Minutes of February 13. 2006. Motion by Constance McKone, seconded by Earl McMillin, to approve the meeting minutes of February 13, 2006. Vote on the motion carried unanimously. Chairperson McMillin complimented the Board Secretary on the excellent work on the minutes. 2. Special Exception Request No. 05=15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, PetitinnPrs_ Earl McMillin, Chairperson, gave an overview of the previous meeting regarding this request. He explained that this Special Exception Request was postponed by the Board at the last meeting to grant Triple J Investments time to negotiate with the City, if they chose to, about the possibility of the City buying the property. He advised that he performed research since that meeting which revealed that on October 21, 1991, the Board of Adjustment granted Special Exception Request No. 89-9 to construct three single family homes on three individual lots. On January 7, 1992, City Council adopted Resolution 92=01, approving the Final Replat for Harbor Heights West for three individual single family homes. He noted that none of the current Board members were on the Board back then. When Special Exception Request 02-07 came before the Planning & Zoning Board to build three individual homes on the property, the request never came to the Board of Adjustment, because the Building Official believed that the old Special Exception was still valid and in effect. Board of Adjustment Meeting Minutes March 13, 2006 Page 2 Chairperson McMillin read a letter, dated July 8, 2002, from the then Building Official, advising the applicant of Special Exception Request 02-07 that they still had a Special Exception in effect. Kate Latorre, Assistant City Attorney, advised that her office had reviewed the letter from the former Building Official, and they disagree with his opinion. They agree with the Ordinance that was passed in former Section 110-48 (current Section 110-32), Expirations, caused that Special Exception to expire. She stated that it is the City Attorney's opinion that Special Exception 89-9 is in fact, expired. City Manager, Bennett Boucher, advised that discussion was held at the last City Council meeting with Triple J Investments. They offered .41 acres for $340,000 and would not budge from the price, which was under the appraised value at build -out of the lot. Councilman Nicholas had made a motion to accept the offer but the motion died for lack of a second.. John Johanson, Applicant, advised that Chairperson McMillin's research went deeper than his and he was happy to answer any questions. Chairperson McMillin asked for any experts giving testimony to give the Board their credentials. He cited case law of 1983 where a court felt that a lay person with first hand knowledge of the vicinity of the property in question qualified that person as an expert witness. Kate Latorre, Assistant City Attorney, advised that if testimony is based on factual information and not solely based on opinions, then you are considered an expert in your neighborhood. She further advised that testimony needs to be supported by facts and competent substantial evidence. Lamar Russell, neighboring resident at 376 Harbor Drive, and Planning & Zoning Board member, clave a short history of the Dror)erty and advised that when the Citv established the zoning for that area, they created a corridor along N. Atlantic Avenue to be commercial, and that commercial corridor reached back into the land being discussed. He provided the following opinions; That special exception for residential use in commercial should stop because it debases the existing zoning; the City Council should do something about it and stop it. He asked the Board to decline the request, because he did not believe the City needs more multi -family in that particular area, his neighborhood needs to finish out with single family. He further commented that if you leave the property commercial than let the applicant develop a commercial entity and see how successful it is. He did not believe that commercial would be successful or a worthy venture and that is why he recommends that they let it play out. He advised that the property is commercial and the Board is considering residential by Special Exception. Chairperson McMillin advised that at the previous meeting, Mr. Russell did not believe that the request was compatible with the Comprehensive Plan and they had discussed the definition of compatibility. Mr. Russell agreed. Mr. Russell advised that he did not research the Comprehensive Plan to bring the Board a particular policy, but knows that a policy exists. He advised that the policy is to encourage, to every extent possible, single family dwellings in the City. Chairperson McMillin read Comprehensive Plan Objectives LU -3 and L! �-3.2. Mr. Russell verified that those were the Objectives that he was referring to. Board of Adjustment Meeting Minutes March 13, 2006 Page 3 Joe Ross, neighboring resident at 227 Coral Drive, testified that special exceptions are not guaranteed. They are governed by procedure. He read City Code Section 110-39 (c) regarding criteria for decisions. He did not believe that the request is compatible and harmonious with adjacent land uses because there are single family residences on both sides of the property, and therefore, the request did not meet the requirement of the code. He read a portion of the Planning & Zoning Board meeting minutes of May 22, 2002 regarding Special Exception Request No. 02-07. He advised that Mr. Nicholas had voiced his opinion that R-2 zoning is not compatible with the Harbor Heights single family subdivision. A lot of discussion had followed regarding limiting the number of units as a condition of the recommended approval. The Planning & Zoning Board had recommended approval of the Special Exception Request No. 02-07 with the condition that the use of the property be limited to one single family residence per lot. The vote had carried unanimously. Judith Lau, neighboring resident at 211 Coral Drive, and licensed attorney to practice in the State of California, spoke on behalf of Richard and Fay Morrish, the people that live in the single family home on Lot 2, that were not able to attend the meeting. They sent a letter detailing their search for a single family lot in Cape Canaveral. Ms. Lau read the letter from Mr. and Mrs. Morrish into the record (entered as Exhibit A). She summarized that they found a single family lot, in a single family neighborhood, and built a single family home. The Board reviewed a City zoning map with an overlay showing existing uses. Ms. Lau spoke of compatibility, referring to Comprehensive Plan, Objective LU - 3.2. She advised that Harbor Heights is a development of low density, one story, single family homes. She claimed that two story homes, close to the beach, were not permitted in that neighborhood until very recently. She explained that if this request is allowed, it would allow a multiple story, three -unit townhouse building in between two single family, one story homes which is not compatible with what is around it. She stated that if the Special Exception is granted, the Citv is allowina the character of an existina neighborhood to be changed irreverently. She further stated that this neighborhood has been intact since the early 1960s; there has been little construction in the past 10 years; there are only two other lots in the Harbor Heights Subdivision that are still available; most of the houses in Harbor Heights do not have garages, they have carports. This developer is proposing a garage on the first floor and the living area on the 2nd floor. To impose a completely different standard in an area that has been in existence for over 40 years is inconsistent with the policy of the City which is addressed in the Future Land Use Plan Objectives to encourage single family and to require that new development be compatible with adjacent land use. The only structures that are adjacent to this lot are two single family residences; this project changes the look and traffic pattern of the neighborhood, and changes something that does not need to be changed. Discussion followed regarding the letter for Richard and Fay Morrish. Ms. Lau advised that all the sales documentation and advertisements for Lots 1, 2 & 3, Harbor Heights West Subdivision, advertised the properties as single family lots. Discussion followed regarding zoning and existing land use. Kate Latorre, Assistant City Attorney, advised that a special exception runs with the land. She explained that if Portside Villas, a residential condominium project, in the C-1 zone, was destroyed, they would need to continue the residential use within 16 months or the use would be considered abandoned and the special exception would expire. Discussion continued. Board of Adjustment Meeting Minutes March 13, 2006 Page 4 Rick Filkens, neighboring resident at 360 Harbor Drive, and attorney by profession in Florida, testified that he is concerned with the over development in Cape Canaveral; the City has too many people already and did not need any more than it absolutely has to have. This request is an example of how the City by granting a special exception, chips away at the foundation of the Comprehensive Plan; it seems that the Comprehensive Plan is a worthless document if it can be changed by the City without following the established procedures laid out by the State for amending the Comprehensive Plan. He voiced his opinion that by changing the zoning classification of this property from commercial to residential, it constitutes a change in the Comprehensive Plan. He stated that he had reviewed the Growth Management Act and could not find the legal authority, by a special exception, to change the zoning of this property. He explained that when a property owner wants to come in to change the land to make a greater profit, than he would otherwise, it goes against the Comprehensive Plan. Constance McKone commented that the Board does not change zoning, and the property is still commercial with a granted residential use. Discussion followed. Ron Abeles, neighboring resident at 393 Harbor Drive, testified that he supports his neighbors. He advised that one property owner wants to change a neighborhood that all the property owners in that neighborhood are against. He explained that he met all the requirements for a special exception for a use on his commercial property, then residential was built adjacent to his commercial entity, and the new residents did not like it. He stated that whoever is there first should take precedence. Joe Ross, neighboring resident at 227 Coral Drive, testified that the intent of the City code section pertaining to the C-1 low density commercial district is to restrict it's application to an area adjacent to major arterial streets; Sea Shell and Coral Drives are certainly not major arterial streets. He agreed with Mr. Russell that commercial does not meet the requirements of the City code for this location. He read the code section that stated lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses. He noted that this project does have an impact on adjacent properties and the neighbors. This project is not harmonious or compatible with the neighborhood. Discussion followed. Arlene Balestrieri, neighboring resident at 204 Coral Drive, testified that the City's Comprehensive Plan Future Land Use Element read that the overall goal for the City for future land use is to ensure the proper relationship among residential, industrial, commercial, recreational, and other activities in order to maximize the efficient use of the land, accessibility to the circulation system, and general compatibility among land uses. She noted that for months, the Board has been hearing about the meaning of compatible. She read the definition of compatibility. She advised that 8010 of the residents signed the petition, which represents 100% of the people asked. She commented that the Planning & Zoning Board voted unanimously to deny the request. She voiced her opinion that from the beginning, townhouses are not harmonious or in agreement with the current residential single family neighborhood; the previous property owners plans were always to build residential, even though the property is zoned commercial. They are proposing a two story multi -family structure in a predominantly one story, single family, residential neighborhood. Board of Adjustment Meeting Minutes March 13, 2006 Page 5 Ms. Balestrieri continued her testimony stating that the owner also plans to sell the units for $400 K, which is not compatible with the average selling price of around $200 K in the neighborhood. The land is only valued at $119 K. The neighbors in this neighborhood help each other; they all chose to live in a single family neighborhood; they are asking the Board to keep the neighborhood as it is in the best interest of the residents and in keeping with the City's Comprehensive Plan. She noted that there are currently over 45 listed townhouse units in the City that are not selling, which is not near the hundreds of units that are currently under construction. The audience applauded. John Johanson, Applicant, stated his final remarks. He testified that they do not want to negatively impact the neighborhood. They went with the minimum number of units that they could to still make the development profitable; that anything other than a vacant lot is a negative impact. They did their due diligence by looking at the City's criteria and standards and the project is well within the City's requirements; they asked the Building department what the status of the property was and were told that they needed a special exception. He stated that a C-1 use would be compatible, because there is an office building across the street that is not located directly on A1A or a highway. He stated that this request would not negatively impact the neighborhood. Motion by Earl McMillin, seconded by Paula Collins, that the Board accept the unanimous recommendation from the Planning & Zoning Board that Special Exception Request No. 05-15 be denied. Discussion followed. Chairperson McMillin outlined the following reasons why he was against the request: 1. If this property was zoned R-1 (single family), they could not build multi- family. 2. His research back to 1993 revealed that this is the first time the Planning and Zoning Board has ever unanimously recommended denial of a special exception along N. Atlantic Avenue for residential use on commercial property. 3. Harbor Heights has been a single family unique residential community for over 40 years. 4. In 1991 this property was subject to a special exception to construct single family homes on it. 5. Mr. Saurenmann submitted an exhibit at the last meeting advertising the property as a residential single family lot. 6. On both sides of this property there are single family residences. 7. He does not believe that competent substantial evidence is needed in these decisions. He voiced his opinion that if everyone in the City signed the petition it would not mean anything. 8. Over the past few days he has seen new expensive residential homes being constructed along a major thoroughfare in Merritt Island next to commercial buildings, and therefore, if the applicant can't build a single family on this lot he is not persuaded. Board of Adjustment Meeting Minutes March 13, 2006 Page 6 9. Triple J were knowledgeable buyers. 10. The Morrish letter had some importance in the decision because if you drive into the Harbor Heights Subdivision, you would think that they are all single family residences. 11. He has voted for residential use in the commercial zoning district along N. Atlantic Avenue for eleven years, but this property is not along N. Atlantic Avenue. John Johanson, Applicant, commented that they are forcing them into a commercial venture. He questioned the Board if commercial is more compatible. He advised that this will be the only commercial lot in this neighborhood. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 8:25 p.m. 5� `4 Aped this . 3 day of 2006. Earl McMillin, Chairperson A Susan L. C ah- pman� Secretary Aperc�'vepi A C r