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HomeMy WebLinkAboutApril 1, 2010 - BOA MinutesCity of Cape Canaveral Board of Adjustment Meeting Minutes April 1, 2010 A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 1, 2010 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. Assistant City Attorney, Kate Latorre, called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Paula Collins George Sweetman Dennis Jenkins Linda Brown Douglas Raymond OTHERS PRESENT: Susan Chapman Kate Latorre Lamar Russell Robert Hoog Barry Brown Chairperson Vice Chairperson Alternate Secretary Assistant City Attorney Planning & Zoning Chairperson Mayor Pro Tem Planning & Development Director All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Motion: Approval of Meeting Minutes — December 7 2009. Motion by Dennis Jenkins, seconded by Linda Brown, to approve the meeting minutes of December 7, 2009. Vote on the motion carried unanimously. 2. Interview and Recommendation to City Council Re: Prospective Board Member — Arvo Eilau. The Board members asked Mr. Eilau a variety of questions. Mr. Eilau advised that he enjoyed being involved in our community, has a professional background in zoning, and would be an asset to the Board. Motion by John Bond, seconded by Dennis Jenkins to recommend that the City Council appoint Arvo Eilau to the Board. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes April 1, 2010 Page 2 3. Motion Re: Special Exception Request No. 09-04 to Serve Alcoholic Beverages in the C-1 Zoning District, (6615 N. Atlantic Avenue Unit C) — Section 23, Township 24 South, Range 37 East, Parcel 511.0 — Brigitte Krause, Petitioner for Supra Color Enterprises, Inc. Property Owner. The Chairperson read the agenda item for the record. Barry Brown, Planning & Development Director, advised that this was a request for a special exception to serve alcohol at Izzy's Bistro Restaurant, located at the corner of A1A and Cape Shores Drive. He described the zoning classifications and uses of the surrounding properties; gave a history of the previous restaurants at that location; explained the parking and sewer impact fee requirements; and highlighted the recommended conditions from the Planning & Zoning Board for approval of the special exception. He noted that the conditions placed by the Planning & Zoning Board were satisfied; and therefore, staff recommended approval of the request. Linda Brown asked how feasible it was for customers to park across the street and cross over Al to eat at the restaurant. She asked if the applicant was thinking of valet parking. Barry Brown explained that the other tenants in that building were daytime users. He believed that the restaurant will have ample parking on the site to meet the actual demand; the off-site parking spaces were merely to meet city code requirement. He advised that if parking across the street became a problem, the city would consider requiring the parking to be on the same side of the road as the restaurant. He noted that John Porter owns property just to the south of this property and was willing to make parking available to Izzy's, but could not assure the availability, because the property was in foreclosure. Brigitte Krause, Petitioner, advised that she was the owner of Izzy's Bistro, and has also owned Gregory's Restaurant in Cocoa Beach since 1994, and has a full liquor license. She spoke to the Board regarding requirements for seating and parking. She advised that the restaurant's busiest time was after 7:00 p.m.; she was going to obtain a State SRX liquor license, which is restaurant specific. She confirmed that if the special exception was granted that there were not enough parking spaces on premise to support it, so she needed to find parking off site. Discussion was held regarding parking space availability when the other tenants businesses are closed. Barry Brown clarified that her establishment alone requires 50 parking spaces. Brief discussion was held regarding sewer impact fees. Barry Brown advised that the sewer impact fees were a code enforcement issue. Kate Latorre, Assistant City Attorney, explained that even though sewer impact fees are due and owed, they do not factor into the Board's consideration for the special exception. Board of Adjustment Meeting Minutes April 1, 2010 Page 3 Kate Latorre, Assistant City Attorney, advised that the offsite parking agreements were not required to be recorded. Barry Brown verified that offsite parking was located within 500 ft. of the restaurant and met Izzy's parking requirements to obtain the special exception. Motion by Dennis Jenkins, seconded by Linda Brown to grant Special Exception Request No. 09-04, as requested, with no noted special conditions. Vote on the motion carried unanimously. 4. Election of Chairperson and Vice Chairperson. Chairperson Bond opened the floor for nominations for Chairperson. Linda Brown nominated John Bond to retain his position as Chairperson. Dennis Jenkins seconded the nomination. John Bond accepted the nomination. There being no other nominations for Chairperson, John Bond opened the floor for nominations for Vice Chairperson. Paula Collins announced that she would like someone else to be Vice Chairperson. John Bond nominated Dennis Jenkins. George Sweetman seconded the nomination. Dennis Jenkins accepted the nomination. There being no other nominations for Vice Chairperson, John Bond closed the floor for nominations. Motion by Linda Brown, seconded by Dennis Jenkins to retain John Bond as Chairperson. Vote on the motion carried unanimously. Motion by John Bond, seconded by George Sweetman to elect Dennis Jenkins as Vice Chairperson. Vote on the motion carried unanimously. OPEN DISCUSSION There was no open discussion. Motion by Linda Brown, seconded by George Sweetman to adjourn the meeting at 7:45 p.m. By consensus, motion carried unanimously. Approved on this ;?,;Fp day of �Ui✓lL- , 2010. John Bo d, Chairperson Susan L. Chapman, Secretary