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HomeMy WebLinkAboutMinutes 08-05-2010City of Cape Canaveral Board of Adjustment Meeting Minutes August 5, 2010 A Meeting of the City of Cape Canaveral Board of Adjustment was held on August 5, 2010, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. John Bond, Chairperson, called the meeting to order at 7:05 p.m. The Secretary called the roll. MEMBERS PRESENT: John Bond Dennis Jenkins Paula Collins Linda Brown Douglas Raymond Arvo Eilau MEMBERS ABSENT: George Sweetman OTHERS PRESENT: Susan Chapman Kate Latorre Barry Brown Todd Morley Robert Hoog Chairperson Vice Chairperson 1St Alternate 2nd Alternate Secretary Assistant City Attorney Planning & Development Director Building Official Council Member All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion: Approval of Meeting Minutes — June 3 2010. Motion by John Bond, seconded by Dennis Jenkins, to approve the meeting minutes of June 3, 2010, with the change that Dennis Jenkins is shown as Vice Chairperson. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes August 5, 2010 Page 2 2. Motion Re: Request to Modify Special Exception 08-02 — Carwash at 104 Monroe Avenue — James and Tara Kappernaros Property Owners Barry Brown, Planning & Development Director, advised that the applicant was requesting to amend condition #16 of the Board Order to provide a sidewalk along N. Atlantic Avenue and may address other conditions as well. Mr. Brown read condition #16 for the record and advised that the applicant could not meet that condition, because the right of way belonged to the Florida Department of Transportation (FDOT) and they would not allow for a sidewalk unless it was constructed to their standards. This was not possible as the right of way width was too narrow to construct a sidewalk to FDOT standards. He explained that the applicant applied to FDOT for the vacation of the right of way, but it could be a long process, and there was no guarantee that they would turn it over to him. He advised that Mr. Kappernaros was concerned that the condition remained on the Board Order, because he could not obtain a final inspection from the Building Official. Mr. Brown stated that the Building Official was willing to give a conditional final inspection, but Mr. Kappernaros would rather have the condition removed completely and not have his final inspection conditioned for something that may or may not ever happen. Mr. Brown advised that staff recommended that condition #16 be redrafted to have a sidewalk constructed to City standards or as close to City standards as possible when and if the right of way was obtained by either the applicant or the City. Kate Latorre noted that she spoke with Mr. Brown prior to the meeting regarding his recommendation. She was of the opinion that the sidewalk would still need to be installed under the revised condition before the Building Official could issue final approval. Todd Morley, Building Official, advised that had staff known it was FDOT right of way before the request was originally heard by the Planning & Zoning Board staff would have requested the applicant secure permission from FDOT to build the sidewalk. At that time, the applicant would have discovered he could not build the sidewalk, and therefore staff would have recommended that the sidewalk not be a condition of the special exception. Staff would have encouraged the applicant to obtain the FDOT right of way or perhaps the City would have obtained it, and the City could have collected a performance bond to construct the sidewalk. He suggested the Board consider requiring a performance bond so if and when FDOT grants the property to Mr. Kappernaros a sidewalk can be constructed. He advised that the estimated cost of building the sidewalk was $2100. Mr. Kappernaros testified that condition #16 required a paved access be constructed, not a sidewalk, because there is an enormous concrete utility pole in the middle of it. He advised that the entire property was paved as shown on the site plan, there was no longer a fence around the property, and it was pedestrian friendly throughout. He explained the process to obtain the right of way from FDOT. He requested that he be relieved of the condition, because there were Board of Adjustment Meeting Minutes August 5, 2010 Page 3 too many factors to leave it in. He noted that the 16 conditions were approved in 2008, now it was two years later and most of that time was spent getting interpretations of the conditions and only three months of actual construction. He had already turned away three different tenants, because he was unable to deliver the property on time; and now he was in a situation of peril, because he was still stuck with a condition which may be impossible to meet. Mr. Kappernaros advised that one of the departments of the State that was reviewing his application to obtain the right of way, did not want to give up the right of way; they did not want that area to have a sidewalk or pavement. He advised that another factor was that FDOT may come to him with an unreasonable price for the purchase of the property. He stated that if he could acquire the property, within a week the existing grass strip would be paved, because it was continuous maintenance for the City and him. Mr. Kappernaros advised that the landscaping along the east buffer wall was ready to be installed; however, condition #13 of the Board Order stated that the Director of Planning Services will work with the property owner in determining adequate tree type(s) and placement. He advised that he has tried to work with the Planning Director, at least in the past four months for adequate tree types and sizes in accordance with City ordinances, but the landscapers have not been able to get a definitive answer. He advised that the tree types that were suggested by Mr. Brown were Oak and Cypress trees. He consulted with landscaping companies and Rockledge Gardens. He gave them the site plan and the list of acceptable trees that were allowed by City code. However, they only had two trees that would actually work and fulfill condition #13, but neither one of the two trees were suggested by the Planning Director. He explained that Cypress trees would grow to 50 ft. tail and within five years knock the wall over; and an Oak tree needed 35 ft. in diameter for the root system to grow. He respectfully requested that the Board allow him to plant the trees that were suggested by Rockledge Gardens, so that condition #13 of the Board Order could be resolved. He submitted a written note from a tree professional from Rockledge Gardens noting the type of trees they recommended, that met City code, would grow in the five foot area, and would not damage the wall. He noted that Rockledge Gardens was cognizant of the noise to the neighbor due to the close proximity. Discussion followed regarding the type of trees being recommended. Mr. Brown advised that he had no knowledge of this latest request to install different trees and he was certainly willing to look at other plantings that were appropriate to meet the intent of condition #13 for the plantings to provide visual screening and noise buffering from the residential neighbors. He commented that it was not the Board of Adjustment's responsibility to be negotiating and agreeing to specific tree species, because that is what staff was suppose to do. He asked the Board not to go to that detail and let staff work with Mr. Kappernaros and his representative. Board of Adjustment Meeting Minutes August 5, 2010 Page 4 He advised that there was an approved site plan since October of 2009. There was nothing holding this project up, not even the sidewalk condition, because the Building Official would have issued a temporary final inspection. This project could have been completed by now. It was the applicant who wanted to revise the approved site plan, and staff has been working with them. Mr. Brown advised that he had not spoke with Mr. Kappernaros' landscaper in weeks, and no one had spoke to him about the tree options presented at this meeting. He commented that staff did not want the project to linger any longer and wants to deal with the issue. Mr. Kappernaros debated that the issue was trust in that portion of staff needing to make the decision regarding the trees. Discussion followed regarding buffering and the existing 6 ft. wall. Following an ensuing discussion, the Board agreed to leave the landscaping matter with City staff. Chairperson Bond asked for comments from the audience. Joyce Hamilton, citizen, advised that she lived within 500 ft. of the property. She explained that a sidewalk was needed to ensure pedestrian safety, because of the traffic that would be going through. She commented that a performance bond should be required to ensure a sidewalk was installed. She noted that the special exception was granted on August 11, 2008, and asked if there was an extension granted. Todd Morley answered that an extension was not needed, because the special exception was not abandoned and there was an active building permit. She commented that there was a lot of foot traffic that went through the property and anything that is added for pedestrian safety was important. Dave Schirtzinger, citizen, advised that he was involved in the City's visioning process. One of the biggest issues was that the City became a bicycle and walkable community with sidewalks and bike paths. He thanked Mr. Kappernaros for investing in the City and making the property look a lot nicer than it did before. He commented that the sidewalk was very important, and it would be a big mistake to remove the requirement. He noted that the building was expanded to the west, as part of the renovation, and had that not been done then there would have been plenty of room for the sidewalk. He encouraged the Board to leave the requirement in the Board Order. There being no further audience comments, Chairperson Bond advised that he had many dealings with FDOT and explained the process for acquiring a right of way from them. Mr. Kappernaros verified that he applied to the State for the right of way. Discussion was held regarding the possibility of moving the sidewalk onto the private property within an easement. Kate Latorre, Assistant City Attorney, advised that if the City was going to require the sidewalk be moved onto the private property in an easement, the City would address liability in an easement document. An ensuing discussion followed regarding the sidewalk issue and pedestrian safety. Board of Adjustment Meeting Minutes August 5, 2010 Page 5 Mr. Kappernaros advised that a fence was removed approximately four months ago, which gave pedestrians a safe place to walk without walking on the road right of way. Motion by John Bond, seconded by Dennis Jenkins, that Mr. Kappernaros post a $2100.00 performance bond, continue to pursue the vacation of the right of way with FDOT, and construct a paved pedestrian access -way along the west side of the property to City standards if the vacation is granted. In the event the vacation is not approved or reasonable terms of the vacation are not agreed to within 24 months of this hearing date, the condition will be lifted from the original board order and the performance bond returned to the applicant. An ensuing discussion followed. Vote on the motion carried unanimously. OPEN DISCUSSION Motion by Linda Brown, seconded by Paula Collins, to adjourn the meeting at 8:30 p.m. By consensus, the motion carried unanimously. Approved on this ��� day of��%%�/�,��� , 2010. J hn Bond, Ch irperson Susan L. Chapman, Secr tary