HomeMy WebLinkAboutMinutes 08-29-1994CITY OF CAPE CANAVERAL
ZONING BOARD OF ADJUSTMENTS
AUGUST 29, 1994
A Meeting of the City of Cape Canaveral Zoning Board of Adjustments was held on
August 29, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Vice Chairman Rigerman called the meeting to order at 7:30 P.M. The Secretary
called the roll.
MEMBERS PRESENT:
Marilyn Rigerman
Ronnie Farmer
Robert Laws
Patrick Lee
Ann Thurm
MEMBERS ABSENT:
Russell Lloyd
OTHERS PRESENT:
John Kancilia
James Morgan
Susan Chapman
Vice Chairman
Alternate
Chairman
City Attorney
Building Official
Secretary
Motion by Mrs. Thurm, seconded by Mr. Lee to approve the Minutes of July 25, 1994
as submitted. Motion carried unanimously.
NEW BUSINESS
1. Variance Reauest No. 94 -08 to Allow Five Residential Units on a .33 Acre
property in an R -2 Zone, Lots 1 & 2 and North 17 Feet of Lots 9 & 10, Block
43, Section 23, Township 24 South, Range 37 East, Avon by the Sea (301
Tyler Avenue) - Petitioner was Melville Grove, Designated Agent for Jennifer
Durigon, Owner.
The Board members reviewed the submitted variance request. It was noted that no
one was present to represent the owner. Mr. Morgan advised that the Planning &
Zoning Board had recommended the request be denied since no unnecessary hardship
was established to reasonably grant a variance. An ensuing discussion was held
regarding density requirements. It was noted that this request would increase the
density requirement.
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 29, 1994
PAGE 2
Motion by Mr. Lee, seconded by Mr. Laws to deny variance request No. 94 -08 due
to the fact that no hardship was determined and it was not within the Board's purview
to increase density as follows:
Findings of Fact Jennifer Durigon, was the owner of the real property
described in the Petition. The property was located in the R -2 zoning
classification and was subject to the Land Development Regulations pertaining
to said district. The granting of this variance would adversely affect the public
interest. This variance was not consistent with the goals, objectives and
policies of the Comprehensive Plan; was not consistent with the intent of the
R -2 zoning district; this request could create 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 R -2 zoning district;
no unusual police, fire or emergency services would be required; all the
requirements of the zoning district were not met with the variance request.
Conclusion of Law That the Zoning Board of Adjustment had lawful power and
authority to grant or deny the variance request under special conditions and
circumstances as set forth in Section 110 -61 of the Cape Canaveral Code of
Ordinances. The petitioner had not met the minimum requirements for the
requested variance and had not demonstrated entitlement to the variance which
would adversely affect the public interest.
Order Jennifer Durigon was not granted the variance.
Motion carried with members voting as follows: Ronnie Farmer, for; Robert Laws, for;
Patrick Lee, for; Marilyn Rigerman, for; Ann Thurm, for.
2. Motion Re: Aepointment of Board Member to Ad Hoc Committee to Review
Criteria for an Architectural Review Board
Marilyn Rigerman volunteered to serve on the Ad Hoc Committee.
Motion by Patrick Lee, seconded by Ronnie Farmer to appoint Marilyn Rigerman to
serve on the Ad Hoc Committee. Motion carried unanimously.
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 29, 1994
PAGE 3
There being no further business the meeting was adjourned at 8:07 P.M.
Approved this 2.3 day of ;zmnn 1995.
Chairman
Secretary
M