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HomeMy WebLinkAboutAugust 11, 2010 - P & Z packetCALL TO ORDER: ROLL CALL: NEW BUSINESS: 1. Approval of Meeting Minutes: May 26, 2010. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 10-03 to Allow a Retail Store to Use Outside Display Areas in the C-1 Zoning District - 8300 Astronaut Boulevard (Ace Hardware) - Marvin & Joann Nicholas, Petitioners. OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES MAY 26, 2010 A Regular Meeting of the Planning & Zoning Board was held on May 26, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m: The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoog Barry Brown NEW BUSINESS Chairperson Vice Chairperson 1St Alternate 2nd Alternate S e cretary Assistant City Attorney Council Member Planning & Development Director 1. Approval of Meeting Minutes: May 12, 2010. Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of May 12, 2010. Vote on the motion carried unanimously. 2. Continued Discussion & Recommendation to City Council Re: Proposed Ordinance Amending Section 110-557. to Allow Commercial Parking Facilities by pecial Exception in the C-1, M-1 and C-2 Zoning Districts (tabled at previous meeting). Barry Brown, Planning & Development Director, gave an overview of the agenda item and staff report. He advised that he gave this request a considerable amount of deliberation, and was involved in the Board's discussions. He continued by stating that this was an appropriate use given the right location, buffering, screening, and with the city's ability to limit the number of commercial parking facilities; and the use should be allowed in C-1, C-2 & M-1. He advised that he was not in support of parking garages. He commented that the economics of paving and providing stormwater would preclude most people from converting their vacant land into a commercial parking facility. Planning & Zoning Board Meeting Minutes May 26, 2010 Page 2 The Board held discussion regarding restricting hours of operation. Following discussion, the Board members agreed that the hours of operation should be flexible. Discussion was held regarding provisions for security. Following brief discussion, the Board agreed that provisions should be added to individual special exceptions. Discussion was held regarding the City's need for additional parking. Bea McNeely commented that she recognized the need for parking and believed the ordinance criteria was adequate. Discussion was held regarding distance requirements between like establishments. Barry Brown pointed -out that 1/3 mile was the distance requirement for vehicle rental facilities. Bea McNeely suggested that the distance criteria for commercial parking be changed to a 1/2 mile to create more space between them. Donald Dunn advised that he would not support adding car lots on A1A, because they would not help or improve the look of the City, and should only be allowed in the M-1 zoning district. Ron Friedman believed that there was a need for commercial parking. He noted that one of the car rental facilities was allowed a maximum of 28 vehicles and he recently counted 43 vehicles. He advised that another car rental facility parks vehicle overflow on the grass, right up to the sidewalk. He explained that since part of the vision was to have people come and walk around town to restaurants and shops there would be a need for added parking. He agreed with Mr. Porter that in our present economic times, it was a reasonable request to get something out of the land now in terms of return, and when economics improved those property owners will want to do something different with their land. John Johanson agreed that there was a need for parking. He noted that on the south end of town from the A1A/N. Atlantic Avenue triangle south, there was a need; however, the north end appeared not to have the same need. He advised that new parking facilities would need to be built to the current code, because there was no grandfathering, since the use as it stood now did not exist. He voiced his opinion that this issue needed to be addressed at the same time as the visioning so it was uniform with the vision. He commented that if the open properties at the north end of the City were allowed to have commercial parking it would be a huge mistake. He wanted the distance requirement to be 1/3 of a mile south of the A1A split only, and no distance requirement for the north end. John Fredrickson advised that he has lived in the City for 19 yrs. This morning he drove from the north end of the City to the south end and looked at what his town had to offer. He advised that along AIA, there were two carpet stores, three car washes, three hotels, four gas stations, five car rental facilities, who over park their lots and do what they want; and if they were a forewarning of future parking lots then he wanted no part of it Planning & Zoning Board Meeting Minutes May 26, 2010 Page 3 John Fredrickson noted that there were at least 17 vacant lots, two outside entertainment places, Fairvilla, and a few nice buildings; when he turned around at the south end of the City and came back, he did not see a town that he would like to live in. There was nothing from Route 528 south through the City. He voiced his opinion that the City did not need a parking lot, because there was nothing in Cape Canaveral that anyone would want to park their car and walk to see. He noted that the City paid $35,000 for visioning to find out how it could improve and be something. The City did not even have a chance to vision, and the requests were already coming through for commercial parking lots. Harry Pearson voiced his opinion that there was no need for a minimum separation between commercial parking lots. He commented that a 15 ft. buffer was excessive. Barry Brown disagreed and added that along AIA 15 ft. should be considered a minimum. Discussion was held regarding the legal standing of the City's visioning. Chairperson Russell advised that if the Board made a favorable or adverse decision based on the visioning, it would have no legal standing. The only legal standing that the members could base their decision on was the existing Comprehensive Plan and the existing Zoning Code. He commented that the Board had spent a lot of time on the visioning process, and it was unknown how commercial parking would compliment or mess-up the coming visioning. He advised that the vision was a facilitating plan and had no legal standing. Kate Latorre, Assistant City Attorney, explained that the visioning plan did not have the force of law, and it was a planning tool to be impetus to start adopting Comprehensive Plan and Zoning Code amendments, so the City could obtain these things that have been included in the visioning. She did not see anything wrong with looking at the visioning for purposes of analyzing the proposed amendment to the City code. She noted that the visioning should be used as a guide, and in reviewing the application, the Board should be reviewing it from a planning and zoning perspective. John Fredrickson stated that the saying "build them and they will come" was nonsense, because there was nothing here for them to see. Chairperson Russell stated that an ordinance for commercial parking was premature. Discussion continued. John Porter, applicant, advised that most of his points were already made at previous meetings and most of the five City Council members supported paid parking at the beach ends and that this request may weigh-in favorably, for the simple reason that if the City wants to do it, the taxpaying citizens should have that same opportunity. Planning & Zoning Board Meeting Minutes May 26, 2010 Page 4 John Porter advised that many existing large parking lots on A1A were not well buffered or attractive, because they were installed so long ago that the current City code did not apply to them. He advised that his parking lot would be heavily buffered, landscaped, and virtually unseen from A1A. He had no intention on obtaining a special exception to enhance the resale value of the property. He planned to cash flow the property and keep it long term. If the City did not approve the ordinance, the City was going to have more of what it already had right now. He noted that there was parking all around town in violation of City code and pressure from existing infrastructure for more parking. Chairperson Russell asked for audience comments. Leo Nicholas, citizen, commented regarding commercial parking that the City already had. He noted that the 800 Ib. gorilla already existed at the hotels on the City's north end. He voiced his opinion that it should be legalized or addressed by code enforcement for violation of the City code. Joyce Hamilton, citizen, advised that she travels up and down AIA and has witnessed cars parked on grass areas. She believed that there was a need for additional parking, but not necessarily on A1A. She voiced a concern that one of the problems would be transporting people once they park their vehicle at a commercial parking site. At 8:20 p.m. Chairperson Russell called for a five minutes recess. He called the meeting back to Order at 8:26 p.m. Chairperson Russell reviewed the draft ordinance, including proposed special exception conditions for commercial parking facilities. He advised that 1/3 of a mile should be changed to a 1/2 mile; and condition #9 - hours of operation be deleted as suggested by some of the Board members. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend that the City Council disapprove the proposed ordinance to authorize paid commercial parking facilities by special exception. Vote carried by a 4 to 1 vote, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, against; Harry Pearson, for; Lamar Russell, for. Donald Dunn asked when a vehicle was considered storage. Kate Latorre responded that it would be a business by business decision, because it was not addressed in the City code. Planning & Zoning Board Meeting Minutes May 26, 2010 Page 5 Motion by Lamar Russell, seconded by Donald Dunn, to adjourn the meeting at 8:40 p.m. Approved on this day of , 2010. Lamar Russell, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Planning & Zoning Board August 11, 2010 STAFF REPORT Request: For a Special Exception to allow for outdoor display as provided in Section 110-334(c)(8). Applicant: Marvin Nichols Owners of property: Marvin and Joann Nichols Subject property: ACE Hardware, 8300 Astronaut Blvd. Future Land Use and Zoning designation: C-1, Low Density Commercial District Surrounding zoning: North — R-2, Residential East — C-1, Commercial South — C-1, Commercial West — C-1, Commercial Surrounding uses: Northwest — Wendy's and retail buildings North — Atlantic Gardens condominiums East — Undeveloped land South — Vacant Commercial West — Commercial buildings Summary: ACE Hardware currently displays the following merchandise outside the building: wheelbarrows; seasonal items; bagged goods such as mulch, potting and top soil; concrete items, and bagged rocks and stones. ACE has been displaying such items outdoors since 2001. While investigating a code enforcement complaint, it was discovered that ACE had never been granted a special exception for outdoor display. This purpose of this request is to seek proper approval for outdoor display that has been an ongoing part of business operations for years and has not been a problem. Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes. c. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, ACE is in a commercial area and the display area is on the south side of the building facing commercial uses. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? No. 5. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? Yes. The property has the appropriate landscaping per code. 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? Yes. 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. 8. What are the hours of operation and how will they impact surrounding properties? Monday through Saturday- 7:30am to 7.00pm. Sunday- 9:00am to 5: 00pm. This will not impact surrounding properties. Traffic and Parkins 9. Are there adequate off-street parking and loading areas? Yes.. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? 2 Yes. 11. What type and how much traffic will the SE generate? None additional 12. Are there adequate loading and unloading areas? Yes. Public Services 13. Are there adequate utilities available? Location and capacity. Yes. 14. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. No. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. 20. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board Outdoor display is a common and necessary way of displaying merchandise for a hardware and garden store. Staff recommends approval of the requested special exception. City of Cape Canaveral, Florida Planning & Zoning Board August 11, 2010 STAFF REPORT Request: For a Special Exception to allow for outdoor display as provided in Section 110-334(c)(8). Applicant: Marvin Nichols Owners of property: Marvin and Joann Nichols Subject property: ACE Hardware, 8300 Astronaut Blvd. Future Land Use and Zoning designation: C-1, Low Density Commercial District Surrounding zoning: North — R-2, Residential East — C-1, Commercial South — C-1, Commercial West — C-1, Commercial Surrounding uses: Northwest — Wendy's and retail buildings North — Atlantic Gardens condominiums East — Undeveloped land South — Vacant Commercial West — Commercial buildings Summary: ACE Hardware currently displays the following merchandise outside the building: wheelbarrows; seasonal items; bagged goods such as mulch, potting and top soil; concrete items, and bagged rocks and stones. ACE has been displaying such items outdoors since 2001. While investigating a code enforcement complaint, it was discovered that ACE had never been granted a special exception for outdoor display. This purpose of this request is to seek proper approval for outdoor display that has been an ongoing part of business operations for years and has not been a problem. Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoninq a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes. c. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, ACE is in a commercial area and the display area is on the south side of the building facing commercial uses. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? No. 5. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? Yes. The property has the appropriate landscaping per code. 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? Yes. 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. 8. What are the hours of operation and how will they impact surrounding properties? Monday through Saturday - 7:30am to 7:OOpm. Sunday - 9:00am to 5:00pm. This will not impact surrounding properties. Traffic and Parking 9. Are there adequate off-street parking and loading areas? Yes.. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. 11. What type and how much traffic will the SE generate? None additional 12. Are there adequate loading and unloading areas? Yes. Public Services 13. Are there adequate utilities available? Location and capacity. Yes. 14. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. No. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. 20. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board Outdoor display is a common and necessary way of displaying merchandise for a hardware and garden store. Staff recommends approval of the requested special exception. - LLy ur gape Lanaverai Building Department (Please Print Legibly or Type) DATE FILEDIv l (. a b RECV'D BY:—. NATURE OF REQUEST FEE PAID �U250,06 DEPOSITS 1 ($250.00 Filing Fee is non-refundable) Special Exception No. 10-03 Outside Display of Retail Items Ace Hardware - 83oo Astronaut Blvd Special Exception is for what purpose (Brief Description). ®tU.;S,de dt Pl Address of request (if applicable) 6,300 A t'Or1Gut Mu%a��r Legal Description: Lot Block Parcel 949 Subdv Sectron ��i _. Township a95 Range. 5115 STATEMENT OF FACT: State of Florida, County of Brevard; —March A60yis being duly sworn, depose and say that: --g-- I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s):Mar6yi�Jcaxit1, N1*1Cka)g Address: 581 �/L RA. &Ott a- :1),Pn el 1<1- :g -J-421 Home PhoneJ$4-5146 Work Phone 793- 1o36 E-Mail6tj Co�S{�ardL C6 qol. corn Applicant(s) Names(s): �alrLp Address: Home Phone Work Phone E -Mail All information, sketches and data contained and made part of this request, are honest and e t the best f y o dge and belief. Signature of Applicant Sworn t sub, c ; ed before me on this t day of tJ1t 20 {p S.Ll _. MY COMMISSION # DD856?�3j Notary Public, State of Florida EXPIRES: March za,2o.i oFv� Fl. Notary DisWU@ J,& K*E3.NOTAAY The completed request form and the $250 filing fee must be filed as Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the PIanning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the PIanning & Zoning Board. (A deposit may be required per Section 110-92) City of Cape Canave APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4thWednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you 'have any ----------questions,-please contact the Building Department at (321) 868-1222. I. NAME OF APPLICANT(S)--ATA r -V �I<J, OL ADDRESS 7 assi ed) s$/ ®9�/Q j R D 0 c�e,oz� ,� C t -v 3 'o a PHONE # FAX # 9 E-MAIL Alte-hoL 14,94-ozom a e,9 62- - 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: eta LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES:—/, L{ SECTION:f 415 TOWNSHIP04S, RANGE 37 E. DESCRIPTION: A d E A -k rlo Lc) ArF- 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2)_J i tj - 33q CS) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) (5 PRESENT ZONING CLASSIFICATION: (EXAMPLE- C-2, R-1, R-2, M-1 ETC.) 6 PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic now and control and ernes rr a`l e1J i t t c n case of fie or medical emergency. A (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): 5 5. C-1 Present Zoning Classification 6. As per site plan, which shows we have up to the newest codes starting in 07 and finishing in 08 in safety and convenience for both traffic, pedestrian and emergency flow. 7. We have never had complaints about the signs or exterior lighting. The Ace Hardware on the building is a low light which is dimmer than most. The exterior lighting mostly shines down along the building, some shine out just the length of the parking lot for the customers and employees safety and security. 8. Our hours at Ace Hardware are as follows: Monday — Saturday 7:30 am — 7:00 pm Sunday 9:00 am — 5:00 pm 9. We have a total of 38 parking spaces 2 Handicapped 10. In 07, we updated the parking lot entrance, added more parking and walkways away from the building for auto and pedestrian safety and convenience, traffic flow and emergency access. 11. Our special exception will not change the amount of traffic as our merchandise has been displayed the same since 2001. 12. We have never had problems since opening and have enlarged our loading and unloading area in 2008 along with our addition. What we would like to do is continue to display the merchandise like we have been doing since 6/2001. We know from listening to other hardware stores doing business in a strip or shopping center atmosphere that it is impossible to carry outside merchandise as it is difficult to bring indoors due to weight, size, cleanliness, etc. We have always embraced the ownership of a free standing store so we can merchandise these items outside the business in a clean and orderly manner. Our building location is 50' from the property line to the west, which runs parallel to A1A (Astronaut Blvd.) and 20' more from the edge of A1A. We display along the south wall. The first area is our wheels barrows, 64' from property line (84' from AIA). This merchandised area is 3'6" x 11'6". next area is between our front doors, which is 3' x 11'4 Seasonal. Next area is along the building 4'8" x 28', where we display all our bagged goods such as mulch, potting and top soil, etc. Next we have our concrete goods and bagged stones/rock. This area is 4'8" x 15'. The items we display are a huge part of our business and ties into a lot more items such as our garden center. We also have a siitall island around an oak tree where we merchandise outside bag goods. We believe our store would look closed if not out of business if not displaying this merchandise. Customers have grown used to this and it would be detrimental to our business if we could no longer sell these items. If this was an eyesore, dangerous or unsafe it would be one thing. But it isn't. This is e ; : ,hu— yvuffZar-di_. ei�k1, i �rrr� Jll i. IY• LU U 3. IUI IV) \a u I u, vv I v I • 1 11 WD -S 593 his Wairiran(y Deed. Made this 14Ch day of March A.D. 2003 WIT.1.7_Aht cgIGBK,• Indiaidllslly and VEAMU1 D- HARDAFtAg AB TMSTEE of tjte FRANKLIN D. and MARIE F. HAgbAWAY True[ U%AID June 2, 1994 hereinafter called the grantor, to JOANN F. NICHOL$ and MARVIN L. NTCHOLS, htXB)aar1d and wife whose post office address is: 581 Capri Road Cocoa Hach, Florida 32931 CFN:2001079911 04-24-200108;01 am oR 900maye' 4328 / 3851 Scot( Ellis Cleric 01 courta, Brovard County ttFgs: 2 ttNa 1,b0 Ree: 1 100A0 Sare OA Yrus(: Deed,Mg•00 � °:0-00 (µl9_ 0.00 int Tax: 0100 hereinsflcr called rho granicc: L_ — (whtwycr ur.J harc;n +ho term 'grantoi aril 'Emntee, itrthtda all rhe parties to this instrument anithe heirs, legal "PME-tar,Vcs and asalena of tmriddualt, And rhe .wrcasaors anf casting of corpordtians) 'Wilines8eth, that the grantor, for and in consideration of the sum of $ 10 , 00 and outer valuable consldcrallons, receipt whereof is hereby acknowledgtd, hereby grants, barpains, sells, aliens, remises, rcicascs, conveys and confirms unto the grantee, all that certain land situate in Brevard County, Florida, viz: SEV ATTACHED LEGAL LXHIBIT "A" SUBJECT TO Covenants, restrictions, easements of record and taxes for the current year. Said property ie not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(a) or any members of the household of Grantor(B) reaicte thereon, parcel Identification Number;24-37-14-00-520 Togetherwlthall the tenements, hereditarnenls and appurtenances thereto belonging or In anywiseapperlaining. To Have and to Hold, the carne in fee simple forever - And the grantor hereby covenants with said grantee that the grantor is lawfullyscized orsaid land In fee simple; that the grantor has good right and lawful authority to scil and convey said land; that the grantor hereby fully warrants the title, to said land artd will defend the same against the lawful claims of all persons whomsoever; and that said land is face, or all encuwbrancos exrtpE taxes accruing subsequent to Dccombcr 31, 2000 In Witness Whereof, the said grantor has signed and sealed these presents the day and year flol above written. d and delivered in our presence: ORD, JR• JoNN 1. KABElO c ,so 1, for William Geiger -NICHE!£ 8.SZ �12iam ager, TND. � �7 � ra avay, true Ce It J JOAN J. KABWORD, JR Qe f'tu 7risinuln D. Hardivay �. [vitONEI.£ B. SiURM Awltneian 2, f Franklin,D. nardavay State of FLORIDA County of BnVARD The foregoing Instrument was acknowledged before me this 19th day of March WILLIA;1 GEIGtR AND FRAN'RLIM D, HARDAWAY who Is personalty known to the or who has Produced drivers license Notary Pabli Prim t'(arat: ,1�..BHO� My Cnr UriLOOP 9=pi , PREPARED B%t JOHN J, FABBOORD, JR. RECORD & R13TURN Tp a 204ily as tdentlRcation. Superior Title Insurance Agency, Inc. 1980 North Atlantic Avenue Suite$ 807 fj$\' 30701jcabboo43" Cocoa Beach, Florida 32931 ( r my +++ CMY40 SCS 10317 Marttltw3 File Not 0 .'�� M�rE01}irU ]toruNlvSul+nLE NG JU 1 17. LVIV J. IV I lyl_ �v LEGAL DESCRIPTION: THE EAST 140.00 FEET TO THE FOLLOWING DESCRIBED PARCEL: TO WIT: A PARCEL OF LAND -LYING IN SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, BEING A PART OF THE LANDS DESCRIBED IN OFFICIAL. RECORDS ROOK 2475, PAGE 1497, SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK MONUMENTING THE SOUTHEAST CORNER OF SECTION 15, ALSO BEING THE SOUTHWEST CORNER OF SECTION 14, AFORESAIQ TOWNSHIP AND RANGE (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER, DOCUMENT NO, 14776G, DATED 3/03/82); THENCE N 0^'50'54" W, ALONG THE COMMON LINE OF SECTIONS 14 AND 15, SAID TOWNSHIP AND RANGE, A DISTANCE OF 209.37 TO THE POINT -OF - BEGINNING; THENCE S 89"40'29" E, ALONG THE SOUTH LINE OF ATLANTIC GARDENS CONDOMINIUM, A DISTANCE OF 399.73 FEET; THENCE S 0'19'50" W, A DISTANCE OF 153.74 FEET TO A POINT THAT IS 55,62 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 14; THENCE N 89"46'09" W, A DISTANCE OF 375,86 FEET TO THE EASTERLY RIGHT-OF- WAY LINE OF STATE ROAD No. 401 (A 100 FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED), SAID POINT LYING ON A RADIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5779.00 FEET AND A CENTRAL ANGLE OF 1"23'08"; THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 139,75 FEET (CHORE) BEARING N 34^18'08" W, G-HORD DISTANCE 139.75 FEET); THENCE N 55^00'03" E, A DISTANCE OF 68,09 FEET TO THE POINT -OF -BEGINNING. CONTAINING 0.495 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD,- ��w�IIIII�IIVpl��lil9l�i��llAlf����l LOCATION MAP NO T TO SCALE LEGAL DESCRIPTION: OMC,WL RECORDS BOOK 4328, PAGE 3853 A PARCEL OF LAND LYING IN SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA. BEING A PART OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2475, PAGE 1497, SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK MCWUMEN77NG THE SOUTHEAST CORNER OF SECTION 15, ALSO BEING THE SOUTHWEST CORNER OF SECTION 14, AFORESAID TOWNSHIP AND RANGE (A DEPARTM 7v'T OF NATURAL RESOURCES CERTIFIED SECTION CORNER, DOCUMENT NO. 14775C, DATED 3/03/82): THENCE N 0'50'54" W, ALONG THE COMMON LINE OF SECTIONS 14 AND 15, SAID TOWNSHIP AND RANGE, A DISTANCE OF 209.37 TO THE POINT -OF -BEGINNING: THENCE S 89' 40' 29" E, ALONG THE SOUTH LINE OF ATLANTIC CARDENS CONDOMINIUM, A DISTANCE OF 399.73 FEET,• THENCE S 0' 19' 50' W, A DISTANCE OF 153.74 FEET TO A POINT THAT IS 55.62 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 14; THENCE N 89' 46' 09" W, A DISTANCE OF 375.86 FEET TO THE EASTERLY RIGHT-OF-WAY UNE OF STATE ROAD NO. 401 (A 100 FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED), SAID POINT LYING ON A RADIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5779.00 FEET AND A CENTRAL ANGLE OF 1' 23' 08' THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 139.75 FEET (CHORD BEARING N 34' 18' 08' W, CHORD DISTANCE 139.75 FEET); THENCE N 55' 00' 03" E, A DISTANCE OF 58.09 FEET TO THE POINT -OF -BEGINNING. CONTAINING 1.480 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD RADIUS MAP BERGER, ARTHUR W JR nichols500 59 JOE PL U' Q LN 28 4351 19 20 ®'" ��►; yin . loll MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet Legend BUFFER DISTANCE: 500 feeta Notification buffer j� 5t This map was compiled from recorded documents and does not reflect Parcel/lot boundaries �Y an actual survey. The Brevard County Board of Commissioners does not assume responsibility for errors or omissions contained hereon. Notified Properties BSg ��aR�oP Subject Properties Produced by: Brevard County Planning 8 Zoning Office -GIS 6/30!2010