HomeMy WebLinkAboutSpecial Exception 08-02 - Board Order - August 5, 2010City of Cape Canaveral
Board of Adjustment
Special Exception Order
I. Applicant's Name:
Il. Application Number: Z� �—
III. Hearing Date: 1� �� '2
IV. Is the Applicant's special exception request authorized by the City Code? Yes i' No
V. All development orders (including special exceptions) must be consistent with the City's
Comprehensive Plan. § 163.3194, Fla. Stat; § 110- 27(e), Cape Canaveral Code.
Is the Applicant's specia c tion request consistent with the City of Cape Canaveral's
Comprehensive Plan? Yes No
VI. All special exception decisions must also be based on the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the special exception, including its proposed scale
and intensity, traffic-generating characteristics, and offsite impacts, is compatible and harmonious
with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity.
Yes No Not Applicable
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Special Exception Order
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(2) Whether the applicant has demonstrated the size and shape of the site, the proposed access
and internal circulation, and the design enhancements to be adequate to accommodate the proposed
scale and intensity of the special exception requested. The site shall be of sufficient size to
accommodate design amenities such as screening,, buffers, landscaping, open space, off - street
parking, and other similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed special exception.
Yes No Not Applicable ^O
(3) Whether the proposed special exception will have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values.
Yes No Not Applicable
(4) Whether the proposed special exception will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious
and desirable vegetation, and flood hazards.
Yes No Not Applicable
(5) Whether the proposed special exception will have an adverse impact on historic, scenic, and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
Yes No Not Applicable
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Special Exception Order
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(6) Whether the proposed special exception will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and recreation, streets, public
transportation, marina and waterways, and bicy e and pedestrian facilities.
Yes No Not Applicable
(7) Whether the proposed special exception will have an adverse impact on housing and social
conditions, including variety of housing unit typ nd prices, and neighborhood quality.
Yes No Not Applicable
VII. Are there any other applicable requirements of federal, state, local law, City Charter, or City Code
that must be complied with by the applicant?
A. Yes (cite below) No V
B. If yes to VII.A., does the special exception requested comply with the applicable federal,
state, local law, City Charter, or City Code requirements?
Yes No
VIII. Based on the evidence and testimony presented at the hearing, and based on the legal requirements
set forth above, the Board of Adjustment hereby makes the following final decision regarding the
aforementioned application:
Approved with no conditions /safeguards
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Special Exception Order
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Approved with the following additional conditions and safeguards imposed by the Board:
Denied for the following reasons:
IX. Pursuant to Section 110 -33, Cape Canaveral Code, any party aggrieved by any final decision of the
Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such
appeal must be filed with the City Manager within ten (10) calendar days of the date of the Board
ofAdj ustment's final decision. The City Manager shall schedule the appeal for the next regular City
Council meeting. The City Council shall hear and consider the appeal de novo and consider
evidence and testimony of any interested party. The Council shall have the right to either affirm or
reverse, in whole or in part, the decisions of the Board of Adjustment. The City Council's decision
shall be final and subject to appeal to a Court of Competent Jurisdiction.
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A copy of a Notice of Appeal form is attached to this order.
Done and Ordered this the sG day of 20
Attest:
Chairman
Recording ary
Board of Adjustment
Special Exception Order
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