HomeMy WebLinkAboutMinutes 10-30-1995CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
IYIEE T ING IYII VU T ES
OCTOBER 30, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on October
30, 1995, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Thurm called the meeting to order at 7:30 P.M. The Secretary called the
roll
MEMBERS PRESENT:
Ann Thurm
Ronnie Farmer
Robert Laws
Connie McKone
Marilyn Rigerman
Paula Collins
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
ll M T Wo
OTHERS PRESENT:
Leo Nicholas
Mitch Goldman
Ken Grinstead
Susan Chapman
Council Member
Acting City Attorney
Building Inspector
Secretary
Motion by Mr. Laws, seconded by Mrs. Rigerman to approve the meeting minutes of
October 9, 1995 as submitted. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 95 -09 to Allow Outside Storage at American
Boom & Barrier (7077 North Atlantic Avenue) - Petitioner was Patrick M
Rooney, Designated Agent for Randy O'Brien, Owner.
Mr. Mike Jackson, General Manager, American Boom & Barrier advised the Mr.
Rooney was out of the State. The Board members reviewed the submitted exhibits
contained within the petition. After discussion, it was concluded that the fence
would be placed on Parcel "K" to serve Parcels "D" and "K" identified within the petitition.
BOARD OF ADJUSTMENT
MEETING MINUTES
OCTOBER 30, 1995
PAGE 2
Councilman Leo Nicholas requested that the applicant submit an accurate map of the
property to be placed in the City's permanent record file. Mr. Jackson concurred with
the request. The Board members viewed the 22 ounce green pvc fabric to be placed
around the perimeter of the fence to screen the outside storage from view. Mr.
Jackson advised that there was (1) trailer with a boom used as a response vehicle,
(2) boats and (1) empty trailer used for deliveries stored outside. The Board members
reviewed and discussed the Planning & Zoning Board's recommended conditions of
approval. Mr. Jackson agreed to the recommended conditions. Ms. Rigerman advised
that she had witnessed a pvc pipe extending onto the sidewalk. Mr. Grinstead noted
that the pipe had the entire South lane blocked and advised Mr. Jackson that the pipe
must remain on their own property at all times. Mr. Jackson apologized and advised
he would ensure that the pipe would remain on their property.
Motion by Mr. Laws, seconded by Mr. Farmer to approve Special Exception Request
No. 95 -09 as follows:
Findings of Fact Randy O'Brien was the owner of the real property described
in the Petition. The property was located in the M -1 zoning classification and
was subject to the Land Development Regulations pertaining to said district.
The granting of this special exception request would not adversely affect the
public interest. This special exception request was consistent with the goals,
objectives and policies of the Comprehensive Plan; was consistent with the
intent of the M -1 zoning district; this request would not create any adverse
impacts to adjacent property through the creation of noise, light, vibration,
traffic, utility requirements, or stormwater runoff that would not have been
created had the property been developed for a principal use permitted in the
M -1 zoning district; no unusual police, fire or emergency services would be
required; all the requirements of the zoning district were met with the special
exception.
Conclusion of Law The Zoning Board of Adjustment had lawful power and
authority to grant Special Exceptions under special conditions and
circumstances as set forth in Section 110 -354 of the Cape Canaveral Code of
Ordinances. The petitioner had met the minimum requirements for the
requested special exception and had demonstrated entitlement to the special
exception which would not adversely affect the public interest.
Order American Boom & Barrier Corporation was granted the special exception
subject to all applicable limitations, restrictions and conditions including the
following special condition(s):
J
BOARD OF ADJUSTMENT
MEETING MINUTES
OCTOBER 30, 1995
PAGE 3
1. The Special Exception shall run with the Occupational License.
2. 22 ounce green pvc fabric shall be mounted on the fence as a visual
screen.
3. The fence shall be maintained in good repair.
4. Outside storage shall be limited to the fenced area.
Said Special Exception was granted to said business owner as identified
in Exhibit A as shown within the Petition. Should there be a violation to any
part of this Order, the Special Exception may be revoked in accordance with
applicable laws and the City Code.
Motion carried, as amended with members voting as follows: Mr. Farmer, for; Mr.
Laws, for; Ms. McKone, for; Mrs. Rigerman, for; Mrs. Thurm, for.
There being no further business the meeting was adjourned at 8:00 P.M.
Approved this 2 } day of rnCV -rC-V, , 1998.
Ann Thurm, Chairman
Susan Chapman, Secretary