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HomeMy WebLinkAboutMinutes 02-15-2005 WorkshopCITY COUNCIL CODE REVIEW JOINT WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 7'II Polk Avenue, Cape Canaveral, Florida TUESDAY February 15, 2005 5 :00 PM MINUTES CALL TO ORDER A meeting of the City of Cape Canaveral City Council was held on February 15, 2005 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Recording Secretary called the roll. ROLL CALL: Council Members Present Mayor Pro Tem Council Member Council Member Mayor Council Member Absent Bob Hoog Steve Miller Buzz Petsos (Arrived at 5:10 P.M.) Rocky Randels Council Member Jim Morgan Planning and Zoning Board Members Present: Chairperson Vice Chairperson Regular Member 2 nd Alternate Others Present City Manager City Attorney Assistant City Attorney City Clerk Building Official Beatrice McNeely Leo Nicholas (Arrived at 5:05 P.M.) Dr. John Fredrickson Donald Dunn Bennett Boucher Anthony Garganese Kate Latorre Susan Stills Todd Morley City of Cape Canaveral, Florida City Council Code Review Workshop F=ebruary 15, 2005 Page 2 of 5 DISCUSSION: Section 110-26. Section 110 -27. Proceedings. Ms. McNeely referred to the Code section that reads" The Chairman or, in his absence, the Acting Chairman may administer oaths, at and said that only an officer of the Court could administer an oath. Attorney Garganese recommended using the language, "witnesses may be duly sworn." He stated that he has prepared quasi - judicial proceedings for other municipalities to apply to all of its quasijudicial Boards. Council agreed to similar procedures for the City's quasi -judicial Boards. Section 110 -28. Powers and duties. There were no amendments to this section. Section 110 -29. Administrative Review. (a) Authority. Attorney Garganese explained to the Council that this provision allows for an appeal due to any grievance with staffs interpretation. He replied that the Construction Board of Adjustments and Appeals acts on behalf of construction code. (bX1) Appeal notice, hearing. Attorney Garganese explained that the provision is structured for the Council to take any appeals to the Board of Adjustment. He expressed that Code interpretation should be going through the Council and Council should not have the provision to appeal of a Board. Attorney Garganese replied to Mayor Randels that Vested Rights is a specific provision in the Code. ( Attorney Garganese recommended a definitive time to make an Appeal and suggested to strike Uwithin a reasonable time' and to state a certain number of days. (c) Stay of proceedings. Attorney Garganese said that the Board of Adjustment did not have the right to force and injunction and he would review the language restraining order. Section 110 -30. indebtedness. It was clarified that the City Boards do not have the right to incur debt. City of Gape Canaveral, Florida City Council Code Review Workshop February 15, 2045 Page 3 of 5 Section 110-31. Applicants for Social Exceptions or Variances. Attorney Garganese replied to Mayor Randels that he would need to review the rights of ownership in light of the provision that allows an owner of 75 percent of the property to apply. Mr. Dunn questioned a lien holders rights due to its impact to the property's value. Attorney Garganese replied that such an instance would need to be addressed on a case -by -case basis. Mayor Pro Tenn Hoog questioned how this provision would impact condominium owners? Mr. Nicholas asked if the Building Official would make the determination of ownership. Attorney Garganese affirmed. Mayor Randels concluded that the language under Subparagraph (1) would be changed to read, "Property owners as described in the application." Section 110 -32. Decisions. There were no amendments to this section. Section 11 0-33. Reconsideration of Administrative Review. S ial Exce Lion or Variance. Attorney Garganese explained that if the City administratively submitted an application under this provision, the property owner could at some point have the application reconsidered before the Board. There were no amendments to this section. Section 11 0-34. Violations of Conditions of Special Exceptions or Variances. Attorney Garganese cited an upcoming special exception for vehicle storage that would become a conditional use of the property. He recommended the inclusion of the language, "if conditions are violated that those conditions become as if it applicable to the Code." Mayor Randels concluded that language to include the Code Enforcement Board. Discussion followed and concluded that a Notice of Violation might not be needed. Mr. Dunn suggested adding "Duly Authorized Agent regarding property owner representation and said that this could be determined in the definitions section. Section 110 -35. Appeals from Board. Attorney Garganese informed that the State Appellant rules require 30 days to make and Appeal and he also recommended the language utaxpayer of standing." He said that State law has provisions to define a fttaxpayer of standing in order to establish validity for the level of aggrieved concern. City of Cape Canaveral, Florida City Council Code Review Workshop February 15, 2005 Page 4of5 DIVISION 2. SPECIAL EXCEPTIONS. Section 110 -46 Attorney Garganese replied to Mayor Randels that any person within the Soo foot radius that receives a notice could, but was not required to, be heard at the Planning and Zoning Board meeting. Mayor Randels pointed out that the Code does not specifically indicate that the applicant bears the cost of the notifying the public. Mr. Nicholas pointed out that language for who incurs the cost of notifying affected property could be found in Code section 110 Mr. John Grandlich of Towne Realty questioned if notification is sent to each individual owner or to the Condominium Association. Discussion followed on the feasibility of notifying the affected property owners due to the number of people involved. Mr. Boucher suggested using additional language such as the Agent of Record for a multi -owner property. Discussion brought out that most multi - family and commercial properties are professionally managed. Mayor Randels asked Mr. Grandlich how interval ownership management is handled. Mr. Grandlich replied that a Board of Directors carries out duties on behalf of the owners. Attorney Garganese replied to Mr. Morley that there was no provision for electronic notification. Mr. Grandlich replied to Mayor Pro Tem Hoog that the Board of Directors is the duly authorized agent for the owner and would take on the legal responsibility of notifying the owner and to act on their behalf. Discussion concluded that the Council's intent is to notify the Association. Dr. Fredrickson suggested transposing paragraphs (1) and (2). Discussion concluded that the paragraphs are presented according to procedure. Section 11 0-47. Written findings ceafting compliance Mayor Randels stated that this section establishes a duly authorized agent. Attorney Garganese stated that Subparagraph (7) would be transferred to the beginning of the Code section. Attorney Garganese recommended eliminating subparagraph (8) since the Board's responsibilities are established in the fallowing Code section. Section 110 -48. Ex "ration. Discussion concluded that a specific foam for Board of Adjustment Orders is no longer use. Ms. McNeely replied that the Board of Adjustment's minutes are the standing reference that states the Findings of Fact. Attorney Garganese pointed out that the Courts are now looking for definitive Findings of Fact and Conclusions of Law within the Board Order document_ The City Attorney will review staff's current procedures for Board of Adjustment Board Orders. �- Ms. McNeely stated that the applicant must meet the Board's checklist requirements. She also stated that some of the items on the checklist are subjective with minimal City of Cape Canaveral, Florida City Council Code Review workshop February 15, 2005 Page 5 of 5 quantifiable testing standards such as for noise levels. Mr. Nicholas suggested a Code section specifically for standards. Ms. McNeely announced a Joint Workshop Meeting on February 23, 2005 at 6:00 P.M. and requested that City Council members attend. ADJOU NNM ENS`: Due to a subsequent City_ Council Regular Meeting, the Chair adjourned the meeting at 6:45 P.M. Susan Stills, CITY CLERK