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HomeMy WebLinkAboutMinutes 03-07-2006 WorkshopCITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 7, 2006 5:00 PM MINUTES CALL TO ORDER A joint meeting of the City of Cape Canaveral City Council and Planning & Zoning Board was held on March 7, 2006 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Assistant City Clerk called the roll. ROLL CALL: Council Members Present Mayor Pro Tern Council Member Council Member Council Member Mayor Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Planning and Zoning Board Members Present: Chairperson Vice Chairperson Regular Member Regular Member Others Present City Manager City Attorney Assistant City Attorney Assistant City Clerk City Planner Building Official DISCUSSION: Beatrice McNeely R. Lamar Russell Donald Dunn Harry Pearson Bennett Boucher Anthony Garganese Kate Latorre Virginia Haas Todd Peetz Todd Morley City Code Review: Chapter 110 -191 through 110 -321 ARTICLE V. NONCONFORMITIES Sec. 110 -191. Intent. City of Cape Canaveral, Florida City Council Code Review Workshop March 7. 2006 Page 2 of 3 Mayor Randels explained that this section indicates recognition of existing conditions which a property owner can keep, but additional changes in nonconformities are not allowed. Todd Peetz, City Planner, advised that some structures were built before adopted zoning codes and asked how the City might address these structures? It was clarified that this section dealt solely with zoning issues not building codes. Property owners are allowed to maintain setback variances but interior changs must follow current standard building codes. Attorney Garganese stated that the code should reflect zoning standards that existed at the time of construction or at the time the nonconformity was established not prior to 1983. Mr. Russell passed out a written example of two townhomes on a nonconforming lot of record. There was discussion whether measurement was taken per lot or per unit. Mayor Randels expressed that there are townhouse units being built less than 20 feet. Mr. Russell replied that the Planning and Zoning Board's intent was for the units to build at a minimum of 20 feet. Mr. Russell stated that the Building Official's job is to measure the 20 feet, however Council stated that the Building Official is measuring the lot width not the unit width. Mr. Russell inputted that the code was written to provide two car garages that equal the width of the townhome. Mr. Morley explained that you can have a lot 180 feet wide with 8 unit townhomes and adjoining party walls. The middle units will be 20 feet wide and the two end units would be scaled back to achieve the setback regulations. A townhouse is a zero lot line property built in a series. Mr. Russell stated that the Planning & Zoning board worked diligently to eliminate staggered parking and it appears that the code has been subverted and now allows for units less than 20 feet. Mr. Morley reviewed section 110- 191(b) "if it is destroyed", and suggested adding "accidentally destroyed by fire, hurricane'. Mr. Morley explained that an applicant had considered "bulldozing" a structure as applicable to being "destroyed. Attorney Garganese stated, that "destroyed" could be added to the zoning definitions. Attorney Garganese stated that he would also like to revise the code to reflect rebuilding structures to zoning standards that existed at the time the non conformity was created. Mr. Pearson noted that those who built in 1995 are not grandfathered in for nonconforming use prior to 1983. Attorney Garganese will propose amendments to City Council regarding 110- 191(b). Attorney Garganese impressed upon Council that all decisions return to the Intent Section of 110 -191. Discussed followed that Mr. Morley should set a standard for applying appraisals. Mr. Russell stated that City Council could, in fad, remove all nonconforming issues. Mr. Peetz replied that the City must provide a minimum standard for non - conforming lots. Mr. Morgan stated that a change in density would have to be voted on by referendum. Attorney Garganese stated that 110 -191 (d) "Catastophe' will be added to Chapter 110 definitions list. City of Cape Canaveral, Florida City Council Code Review Workshop March 7.2006 Page 3 of 3 Sec. 110-192. Mobile home parks and single-family mobile home districts. Mr. Russell questioned how the numbers of mobile homes are increasing with section 110-192 in place. Mr. Morgan asked if they were vacancies which have been filled. Mr. Peetz noted that platted or licensed mobile home parks are the code reference. Mr. Russell asked council if we needed to clarify the intent of this section. Attorney Garganese stated that Winter Park uses state law to address these uses and will be reviewed for consistency with Florida Statutes. The next code review workshop will begin with Sec. 110-193. Nonconforming structures. ADJOURNMENT: Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at 6:50 P.M. Virginia Haas,Assistant City Clerk C -.3 .,R 4 Misconception: Two townhomes on a nonconforming lot of record Let's clear up this missconception. People should not assert that "two townhomes can be built on a single 50 feet nonconforming lot of record." Here's how it works. To build a townhome on nonconforming lots of record, one must BUY TWO 50 FEET LOTS, COMBINE THEM AND THEN BUILD TWO, THREE, OR A MAXIMUM OF FOUR TOWNHOMES. Here's why. You must have adequate side setbacks. Let's use two interior 50 feet lots on a typical block in Avon By the Sea (so we can rid ourselves of any confusion in this discussion about corner lot setbacks). If one intended to build a townhome on one 50 feet lot, the side setbacks must be 8 feet. So the total requirement for side setbacks equals 16 feet, leaving 34 feet for the building footprint. No 9 p t enough for two townhouses which require a minimum of 20 feet width per unit, equaling 40 feet. Can't do it. Not enough setback margin. So, the developer is forced to buy two adjoining lots, combine them, now having a total of 100 feet lot width. Now let's do the math. Two side setbacks equals 16 feet, leaving 84 feet to build townhomes. A maximum of four townhomes would now fit, thus the widely touted opinion that "one can build two townhomes on a nonconforming lot." It's true, but you gotta build four to get there!